Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: ROBERT M. KNIGHT, M.D.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Naples, Florida
Filed: Sep. 26, 2001
Status: Closed
Recommended Order on Friday, April 19, 2002.
Latest Update: Jul. 01, 2002
Summary: The issue in the case is whether the allegations in the Administrative Complaints are correct and, if so, what penalty should be imposed.Inappropriate medical care provided to multiple patients; plans of treatment were unsupported by medical records.
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Final Order No. DOH-02-0989- Fo F-MOA
FILED DATE - OZ
STATE OF FLORIDA Department of Hfaith
BOARD OF MEDICINE - oy
By. Dick @. kane.
Deputy Agency Clerk
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vs. . DOH CASE NOS.: 2000-098%3-
2000-09845
2000-09828
2000-01093:
2000-01575
1999-58939
DOAH CASE NOS.: 01-3795PL Gj-3iiS PL
01-3796PL
01-3797PL
4-19-02
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DEPARTMENT OF HEALTH, o
a
Petitioner,
LICENSE NO.: ME0039986
SHL-C LOS
ROBERT M. KNIGHT, M.D.,
Respondent .
/
FINAL ORDER
THIS CAUSE came before the Board of Medicine (Board) pursuant to
Sections 120.569 and 120.57(1), Florida Statutes, on June 7, 2002, in
Tampa, 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
Ephraim Livingston, Senior Attorney. Respondent was not present nor
was he represented by counsel.
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.
FINDINGS OF FACT
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.
PENALTY
Upon a complete review of the record in this case, the Board
determines that the penalty recommended by the Administrative Law Judge
be ACCEPTED. WHEREFORE,
IT IS HEREBY ORDERED AND ADJUDGED that
1. Respondent’s license to practice medicine in the State of
Florida is hereby SUSPENDED for a period of one (1) year. In the event
that Respondent’s license expires during the period that the license is
suspended, this action shall not relieve the Respondent of the
responsibility to renew the license at the end of each licensure
period. If the Respondent fails to renew the license at the end of any
licensure period, all normal conditions and consequences imposed by
statute or rule of the Board for failure to timely and properly renew a
license shall apply. Renewal of a suspended license during the period
of suspension shall not affect the suspension of the license and the
suspension shall continue in effect until the occurrence of the events
or conditions which terminate the period of suspension as stated
herein. Prior to reinstatement, Respondent must provide documentation
of continuing medical education (CME) required for renewal.
2. Following the period of suspension, Respondent shall
personally appear before the Board and be placed on PROBATION for a
period of five (5) years. The terms and conditions of probation shall
be imposed at the time of reinstatement.
3. Respondent shall pay an administrative fine in the amount of
$5,000 to the Board prior to reinstatement of licensure.
(NOTE: SEE “ATTACHMENT A” FOR STANDARD TERMS APPLICABLE TO ALL FINAL
ORDERS. UNLESS OTHERWISE SPECIFIED BY FINAL ORDER, THE STANDARD TERMS
SET FORTH THE REQUIREMENTS FOR PERFORMANCE OF ALL PENALTIES CONTAINED
IN THE FINAL ORDER. }
RULING ON MOTION TO ASSESS COSTS
Upon motion by Petitioner and pursuant to §456.072(4), Florida
Statutes, the Board assesses the costs related to the investigation and
prosecution in this case in the amount of $14,813.34 to be paid prior
to reinstatement of licensure.
This Final Order shall take effect upon being filed with the Clerk
of the Department of Health.
DONE AND ORDERED this o/ day of wy, U Mer , 2002.
BOARD OF MEDICINE
OK, Lh ‘ol,
LARRY G% MCPHERSON, JR., BO.
For
GUSTAVO LEON, M.D.
CHAIR-ELECT
NOTICE OF RIGHT TO JUDICIAL 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 .
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
Final Order has been provided by U.S. Mail to Robert M. Knight, M.D.,
5650 Camino Del Sol, #101, Boca Raton, Florida 33433; to William F.
Quattlebaum, 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 - ‘hare day of
ft is: , 2002.
Docket for Case No: 01-003795PL
Issue Date |
Proceedings |
Jul. 01, 2002 |
Final Order filed.
|
Apr. 19, 2002 |
Recommended Order issued (hearing held January 22, 2002) CASE CLOSED.
|
Apr. 19, 2002 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Mar. 18, 2002 |
Order issued (the parties shall file their proposed recommended orders by March 24, 2002).
|
Mar. 15, 2002 |
Notice of Voluntary Dismissal without Prejudice (filed by Petitioner via facsimile).
|
Mar. 15, 2002 |
Petitioner`s Proposed Recommended Order (filed via facsimile).
|
Mar. 12, 2002 |
Amended Motion for Extension of Time to File Proposed Recommended Order (filed by Petitioner via facsimile).
|
Mar. 12, 2002 |
Motion for Extension of time to File Proposed Recommended Orders (filed by Petitioner via facsimile).
|
Mar. 04, 2002 |
Transcript filed. |
Jan. 30, 2002 |
Notice of Filing Original Exhibit filed by Petitioner.
|
Jan. 22, 2002 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Jan. 14, 2002 |
Petitioner`s Witness List (filed via facsimile).
|
Jan. 10, 2002 |
Notice of Appearance (filed by S. Cyrus via facsimile).
|
Jan. 08, 2002 |
Notice of Substitution of Counsel (filed by K. Price via facsimile).
|
Dec. 14, 2001 |
Notice of Serving Petitioner`s First Set of Interrogatories (filed via facsimile).
|
Oct. 04, 2001 |
Amended Notice of Hearing issued. (hearing set for January 22 through 25, 2002; 9:00 a.m.; Naples, FL, amended as to date).
|
Oct. 01, 2001 |
Order of Pre-hearing Instructions issued.
|
Oct. 01, 2001 |
Notice of Hearing issued (hearing set for January 21 through 25, 2002; 9:00 a.m.; Naples, FL).
|
Sep. 28, 2001 |
Order Granting Consolidation issued. (consolidated cases are: 01-002115PL, 01-003795PL, 01-003796PL, 01-003797PL)
|
Sep. 27, 2001 |
Initial Order issued.
|
Sep. 26, 2001 |
Notice of Apperance, Requesting a Hearing (filed via facsimile).
|
Sep. 26, 2001 |
Unopposed Motion to Consolidate (filed via facsimile).
|
Sep. 26, 2001 |
Administrative Complaint (filed via facsimile).
|
Sep. 26, 2001 |
Agency referral (filed via facsimile).
|
Orders for Case No: 01-003795PL
Issue Date |
Document |
Summary |
Jun. 21, 2002 |
Agency Final Order
|
|
Apr. 19, 2002 |
Recommended Order
|
Inappropriate medical care provided to multiple patients; plans of treatment were unsupported by medical records.
|