i STATE OF FLORIDA DEPARTMENT OF HEALTH RECEIVED LE Ray reer sy DEPARTMENT OF HEALTH, COUUL -3 ANH: 19 Petitioner, vs. ; ~ , Case No.: 1999-51217 ANDRE VOSKRESSENKY, 0 [- Sd SA S ‘ . Respondent. S / % ADMINISTRATIVE COMPLAINT z Department of Health, hereinafter referred to as “Petitioner”, Files this Administrative Complaint before the Board of Chiropractic Medicine against ANDRE VOSKRESSENKY, hereinafter referred to as “Respondent”, and alleges: 1. Petitioner is the state agency charged with regulating the practice of chiropractic medicine pursuant to Section 20.43, Chapter 455, and Chapter 460, Florida Statutes. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, Petitioner has contracted with the Agency for Health Care Administration to provide consumer, complaint investigative and prosecutorial services required by the Division of Medical Quality Assurance, councils or boards. . : 2. Respondent is, and has been at all times material. hereto, a licensed chiropractor i in “the State of Florida, having ‘heen, issued ‘license number CH 0005425. Respondent’s last known address i is 19585 State Road #7, Boca Raton, Florida 33498. 3. On or about September 2, 1997, patient/complainant MS presented to Respondent” s partner for the care and treatment of low back discomfort. 4. , On or about September 8, 1997, patient MS presented to Respondent for treatment. Respondent had patient MS sit in a chair, walked behind the patient, grasped his head and chin with each of his hands and severely twisted his neck. Patient MS felt an immediate numbness in his right side, including his right shoulder and down his arm into his right leg. . . 5. ' Medical records for this patient do not legibly document the course and results of treatment. There is no patient history, no examination results and no test results. 6. Respondent did not obtain adequate history regarding patient’s cervical . Spine. In order for the cervical spine to be treated, the following exams and/or tests of the cervical spine must occur: sensory testing, reflex test, and provocation maneuver. None . ‘of these tests were taken. 7. The medical records for this patient do not clearly identify, by signature, initials, or printed name on record, the name of the treating physician for each appointment. | 8. AMRI film taken on or about October 30, 1997 revealed a large herniated disc at C6-7 with compression of the spinal cord. 9. On or about November 17, 1997, patient MS was admitted to a hospital where he underwent an interior cervical discectomy, arthrordesis and fusion at the C67 level. 10. Based on the foregoing, Respondent's license to practice chiropractic medicine in “the State ‘of Florida. As, subject to discipline pursuant to Section 460. 413(1)(m), Florida Statutes, by failing to keep legibly written chiropractic medical records that, identify clearly by name and credential the licensed chiropractic physician rendering, ordering, supervising, or billing for each examination or treatment procedure * “es , tp he and that justify the course of tréatinent of the patient, including, but not limited ag ‘o “ 4 histories, examination results, test results, x-rays, and diagnosis of a disease, cn, By, injury, to wit: Rule 64B2-17.0065(3), Florida Administrative Code, which states, HEE medical record shall be legibly maintained and shall contain sufficient information to identify the patient, support the diagnosis, justify the treatment and document the course and results of treatment accurately...”. WHEREFORE, Petitioner respectfully requests the Board of Chiropractic Medicine to enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative ‘fine and costs, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. . SIGNED wey of wo __ , 2000. Robert G. Brooks, M.D Secretary, Department of Heath . ocnash de : Oe or EALTH _- ‘ CLER DATE 6 —basfoo Lge) BY:. Nancy M. Snurkowski, Chief Attorney Agency for Health Care Administration General Counsel - MQA : Practitioner Regulation — Legal COUNSEL FOR PETITONER: . bg Wings S. Benton, Senior Attorney Yup? Fla. Bar. No. 149206 Agency for Health Care Administration General Counsel - MQA Practitioner Regulation — Legal P.O. Box 14229 Tallahassee, Florida 32317-4229 Telephone (850) 487-9633 WSB/tu PCP: Perman and Glisson DATE: 1/13/2000 Voskressenky 99-51217CH

Docket for Case No: 01-003064PL