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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs NEAL A. NIRENBERG, M.D., 01-000922PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-000922PL Visitors: 11
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: NEAL A. NIRENBERG, M.D.
Judges: CLAUDE B. ARRINGTON
Agency: Department of Health
Locations: Miami, Florida
Filed: Mar. 06, 2001
Status: Closed
Recommended Order on Wednesday, July 18, 2001.

Latest Update: Nov. 02, 2001
Summary: Physician not guilty of practicing below standard of care by prescribing drugs in excess quantities.
8 Final Order No. Dow-o1-1 TH-FOF MOA FILED DATE - (4) t Department of Health By_ Kertharuic Daler / STATE OF FLORIDA Deputy Agency Clerk BOARD OF MEDICINE DEPARTMENT OF HEALTH, bas Oo a Petitioner, S “Th 1 = nm § = 7m vs. DOH CASE NO.: 184 m LICENSE NO.: ME0048877 —1 NEAL A. NIRENBERG, M.D., CA-Clos Respondent . — / FINAL ORDER THIS CAUSE came before the Board of Medicine (Board) pursuant to Sections 120.569 and 120.57(1), Florida Statutes, on October 5, 2001, in Miami, Florida, for the purpose of considering the Administrative Law Judge’s Recommended Order (a copy of which is attached hereto as Exhibit A) in the above-styled cause. Petitioner was represented by Larry G. McPherson, Jr., Chief Attorney. Respondent was not present but was represented by Marc P. Ganz, Esquire. Upon review of the Recommended Order, the argument of the parties, and after a review of the complete record in this case, the Board makes the following findings and conclusions. . NDING: 1. The findings of fact set forth in the Recommended Order are . approved and adopted and incorporated herein by reference. 2. There is competent substantial evidence to support the findings of fact. CONCLUSIONS OF LAW 1. The Board has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 458, Florida Statutes. 2. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference. 3. There is competent substantial evidence to support the conclusions of law. DISPOSITION Upon a complete review of the record in this case, the Board determines that the disposition recommended by the Administrative Law Judge be accepted. WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that the Administrative Complaint filed in this cause is hereby DISMISSED. This Final Order shall take effect upon being filed with the Clerk of the Department of Health. Zz 2 DONE AND ORDERED this Z day of , 2001. BOARD OF MEDICINE GASTON ACOSTA-RUA, M.D. CHAIRMAN OTICE OF RI TO JUDI REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. TIFICATE ERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to Neal A. Nirenberg, M.D., 9920 N. 117 Place, Scottsdale, Arizona 85259; to Marc P. Ganz, Esquire, McGrane & Nosich, P.A., 2801 Ponce de Leon Boulevard, Twelfth Floor, Coral Gables, Florida 33134; to Claude B. Arrington, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399- , 3060; and by interoffice delivery to Nancy ‘M. Snurkowski, Chief Medical Attorney, and Lisa Pease, Senior Attorney - Appeals, Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida 32308-5403, on or before 5:00 p.m., this SOB say of , 2002. | , | i

Docket for Case No: 01-000922PL
Issue Date Proceedings
Nov. 02, 2001 Final Order filed.
Jul. 18, 2001 Recommended Order issued (hearing held May 14-15, 2001) CASE CLOSED.
Jul. 18, 2001 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Jul. 17, 2001 Letter to Judge Arrington from M. Ganz regarding exhibit 5; Exhibit 5 (filed via facsimile).
Jun. 15, 2001 Petitioner`s Proposed Recommended Order (with disk) filed.
Jun. 15, 2001 Respondent, Neal A. Nirenberg, M.D.`s Proposed Recommended Order filed.
May 23, 2001 2 Volumes (Transcript) filed.
May 14, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
May 11, 2001 Respondent, Neal A. Nirenberg, M. D.`s Notice of Withdraw of Expert filed.
May 04, 2001 Joint Prehearing Stipulation (filed via facsimile).
May 03, 2001 Notice of Taking Deposition filed.
May 03, 2001 Notice of Taking Continuation Desposition Duces Tecum filed.
Apr. 27, 2001 Respondent, Neal A. Nirenberg, M.D.`s Witness and Exhibit List filed.
Apr. 25, 2001 Letter to Judge Sartin from M. Ganz (requesting subpoenas duces tecum) filed.
Apr. 25, 2001 Amended Notice of Taking Deposition Duces Tecum filed.
Apr. 24, 2001 Respondent, Neal A. Nirenberg, M.D.`s Witness and Exhibits List (filed via facsimile).
Apr. 18, 2001 Notice of Serving Petitioner`s Response to First Set of Interrogatories (filed via facsimile).
Apr. 12, 2001 Respondent`s Notice of Serving Supplemental Interrogatories to Petitioner; Interrogatories filed.
Apr. 12, 2001 Notice of Taking Deposition Duces Tecum filed via facsimile.
Apr. 09, 2001 Response to Request for Production filed by Respondent.
Apr. 06, 2001 Notice of Taking Deposition Duces Tecum filed by Respondent.
Apr. 06, 2001 Notice of Availability filed by Respondent.
Apr. 06, 2001 Petitioner`s Response to Request for Admissions (filed via facsimile).
Mar. 30, 2001 Motion to Shorten Time to Respond to Discovery filed by Repondent.
Mar. 29, 2001 Respondent`s Answers to First Set of Interrogatores filed.
Mar. 29, 2001 Respondent`s Notice of Serving Interrogatories to Petitioner; Interrogtories filed.
Mar. 29, 2001 Respondent`s Request for Admissions to Petitioner filed.
Mar. 29, 2001 Request for Production filed by Respondent.
Mar. 29, 2001 Respondent`s Response Request for Admissions filed.
Mar. 26, 2001 Notice of Serving Petitioner`s First Request for Admissions, Interrogatories and Request for Production of Documents (filed via facsimile).
Mar. 20, 2001 Notice of Appearance filed by Marc Ganz.
Mar. 20, 2001 Order of Pre-hearing Instructions issued.
Mar. 20, 2001 Notice of Hearing issued (hearing set for May 14 and 15, 2001; 9:30 a.m.; Miami, FL).
Mar. 19, 2001 Amended Joint Response to Initial Order (filed via facsimile).
Mar. 12, 2001 Joint Response to Initial Order (filed via facsimile).
Mar. 06, 2001 Initial Order issued.
Mar. 06, 2001 Election of Rights (filed via facsimile).
Mar. 06, 2001 Administrative Complaint (filed via facsimile).
Mar. 06, 2001 Agency referral (filed via facsimile).

Orders for Case No: 01-000922PL
Issue Date Document Summary
Oct. 23, 2001 Agency Final Order
Jul. 18, 2001 Recommended Order Physician not guilty of practicing below standard of care by prescribing drugs in excess quantities.
Source:  Florida - Division of Administrative Hearings

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