FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION JEB BUSH, GOVERNOR RHONDA M. MEDOWS, MD, FAAFP, SECRETARY June 24, 2002 The Honorable Daniel Manry Division of Administrative Hearings ; The DeSoto Building DS IY) 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 cf od RE: DOH v. Mark L. Trach, M.D. DOH Case Number: 2000-01277 DOAH Case Number: 01-4396PL Dear Judge Manry: Enclosed you will find a Final Order entered by the Board of Medicine in the above- referenced case. If you have any questions about this matter, please do not hesitate to contact our office at (850) 487-9687. Sincerely, j ast, pre, f foil A A Le Bruce A. Campbell « Senior Attomey BAC:tu Enclosure Visit AHCA Online at 2727 Mahan Drive ° Mail Stop #390 Tallahassee, FL 32308 PRACTITIGNER REGULATION Final Order No. DOH-02-0672- -S Mt A STATE OF FLORIDA Depeensof tates _ 2002 MAY 15 AMI: BOARD OF MEDICINE py Uh 4, fe Deputy Agency Clerk DEPARTMENT OF HEALTH ' Petitioner, vs. CASE NO.: 2000-01277 LICENSE NO.: ME0038645 MARK L. TRACH, M.D., Respondent. Sections 120.569 and 120.57(4), Florida Statutes, on April 6, 2002, in Ft. Lauderdale, Florida, for consideration of a Consent Agreement (attached hereto as Exhibit A) entered into between the parties in the above-styled cause. Upon consideration of the Consent Agreement, the documents submitted in support thereof, the arguments of the parties, and being otherwise advised in the premises, the Board rejected the Consent Agreement and offered a Counter Consent Agreement which was accepted on the record by the parties. The Counter Consent Agreement incorporates the original Consent Agreement with the following amendment : Respondent shall pay the actual costs in this case in the amount ef $4,605.09, IT IS HEREBY ORDERED AND ADJUDGED that the Consent Agreement as submitted be and is hereby approved and adopted in toto and incorporated by reference herein with the amendment set forth above. Accordingly, the Parties shall adhere to and abide by all the terms and conditions of the Consent Agreement as amended. This Final Order shall take effect upon being filed with the Clerk of the Department of Health. DONE AND ORDERED this / day of My , 2002. - MCPHERSON, JR., BOARD DIRECTOR For ZACHARIAH P, ZACHARIAH, M.D. CHAIRMAN 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 Mark L. Trach, M.D., 409 Chinahill Court, Apopka, Florida 32712-2813; to Rafael E. Martinez, Esquire, McEwan, Martinez, et al., 108 East Central Boulevard, Orlando, Florida 32802, and by interoffice delivery to Nancy M. Snurkowski, Chief - Practitioner Regulation, 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 , +» 2002, Mar O05 O2 11:03a McEwan, Martinez, et.al 407-423-8571 p.3 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, v. DOH Case Noa 2000-01277 MARK TRACH, M.D., Respondent. $$ CONSENT AGREEMENT Mark Trach, M.D., referred to as the "Respondent," and the Department of Health, referred to as “Department” stipulate and agree to the following Agreement and to the entry of a Final Order of the Board of Medicine, referred to as "Board," incorporating the Stipulated Facts and Stipulated Disposition in this matter. | Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes, Chapter 456, Florida Statutes, and Chapter 458, Florida Statutes. Pursuant to the provisions of Section 20.43(3), Florida Statutes, the 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, as appropriate. eee Mar OS O2 11:03a McEwan, Martinez, et.al 407-423-8571 p.4 STIPULATED FACTS 1. At all times material hereto, Respondent was a licensed physician in the State of Florida having been issued license number ME 0038645. 2, Respondent was charged by an Administrative Complaints filed by the Department and properly served upon Respondent with violations of Chapter 458, Florida Statutes, and the rules enacted pursuant thereto. A true and correct copy of the Administrative Complaint is attached hereto as Exhibit? A. 3. Respondent neither admits nor denies the atiegations of fact contained in the Administrative Complaints for purposes of these proceedings only. STIPULATED CONCLUSIONS OF LAW 1. Respondent admits that, in his capacity as a licensed physician, he is subject to the provisions of Chapters 456 and 458, Florida Statutes, and the jurisdiction of the Department and the Board. 2. Respondent admits that the facts that gave rise to this case, if proven, would constitute violations of Chapter 458, Florida Statutes. 3. Respondent admits that the Stipulated Disposition in this case is fair, appropriate and acceptable to Respondent. STIPULATED DISPOSITION 1. FUTURE CONDUCT. Respondent shail not in the future violate Chapters 456, 458 and 893, Florida Statutes, or the rules promulgated pursuant thereto. Prior to signing this agreement, Respondent read Chapters 456, 458, and 893, Florida Statutes, and the Rules of the Board of Medicine, at Chapter 6488, Florida Administrative Code. Mar OS 02 11:03a McEwan, Martinez, et.al 407-423-9571 p.5S 5, FINE. The Board shall impose an administrative fine in the amount of two thousand five hundred dollars ($2,500.00) against the Respondent. The fine shall be paid by the Respondent to the Board of Medicine within THIRTY (30) DAYS of its imposition by Fina! Order of the Board. THE RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE FINE IS HIS LEGAL OBLIGATION AND RESPONSIBILITY AND THE RESPONDENT AGREES TO CEASE PRACTICING IF THE FINE IS NOT PAID AS AGREED TO IN THIS CONSENT AGREEMENT, SPECIFICALLY: IF THE RESPONDENT HAS NOT RECEIVED WRITTEN CONFIRMATION THAT THE FULL AMOUNT OF THE FINE HAS BEEN RECEIVED BY THE BOARD OFFICE WITHIN THIRTY (30) DAYS OF THE FILING OF THIS FINAL ORDER, THE RESPONDENT AGREES TO CEASE PRACTICE UNTIL SUCH WRITTEN CONFIRMATION IS RECEIVED BY THE RESPONDENT FROM THE BOARD, (SEE EXHIBIT B, PARAGRAPH E OF THIS CONSENT AGREEMENT FOR BOARD ADDRESS AND STANDARD TERMS). 3. REIMBURSEMENT OF COSTS. In addition to the amount of any fine noted above, the Respondent agrees to reimburse the Department for any administrative costs incurred in the investigation and preparation of this case, including costs assessed by the Division of Administrative Hearings, if applicable, and by the Board of Medicine office. The agreed upon Agency cost to be reimbursed in this case is three thousand five hundred dollars ($3,500.00). The costs shall be paid by the Respondent to the Board of Medicine within THIRTY (30) DAYS of imposition by Final Order of the Board. THE RESPONDENT __ cc SS Suse oes Mar OS O2 11:03a McEwan, Martinez, et.al 407-423-8571 p.&s ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE COSTS IS HIS LEGAL OBLIGATION AND RESPONSIBILITY AND RESPONDENT AGREES TO CEASE PRACTICING IF THE COSTS ARE NOT PAID AS AGREED TO IN THIS CONSENT AGREEMENT, SPECIFICALLY: IF THE RESPONDENT HAS NOT RECEIVED WRITTEN CONFIRMATION THAT THE FULL AMOUNT OF THE COSTS NOTED ABOVE HAS BEEN RECEIVED BY THE BOARD OFFICE WITHIN THIRTY (30) DAYS OF THE FILING OF THE FINAL ORDER, THE RESPONDENT AGREES TO CEASE PRACTICE UNTIL SUCH WRIITEN CONFIRMATION IS RECEIVED BY THE RESPONDENT FROM THE BOARD. (SEE EXHIBIT B, PARAGRAPH E OF THIS CONSENT AGREEMENT FOR BOARD ADDRESS AND STANDARD TERMS.) 4. CONTINUING MEDICAL EDUCATION. Within one year of the date of the filing of a Final Order in this cause, Respondent shall attend five (5) hours of Continuing Medical Education (CME), in Emergency Medicine. Respondent shall submit a written plan to the Chairman of the Board for approval! prior to the completion of said continuing education hours and course. The Board confers authority on the Chairman of the Board to approve or disapprove said continuing education hours or course. In addition, Respondent shall submit documentation in the form of certified copies of the receipts, vouchers, certificates, or other papers, such as physician's recognition awards, documenting completion of this medical course within one (1) year of the entry of the Final Order in this matter. All such documentation shall be sent to the Board of Medicine, regardless of whether some or any of such documentation was previously provided during the A A ee Mar OS O2 11:04a McEwan, Martinez, et.al 407-423-8571 Pp. course of any audit or discussion with counsel for the Department. These hours shall be in addition to those hours required for renewal of licensure. Unless otherwise approved by the Board, said continuing medical education course shall consist of a formal, live lecture format. S. COMMUNITY SERVICE. During the next twelve months following the filing date of a Final Order in this case, Respondent shall perform twenty (20) hours of community service at a rate of five hours per every three months. Community service shall consist of the delivery of medical services directly to patients, without fee or cost to the patient, for the good of the people of the state of Florida or New York, “Such community service shall be performed outside the Respondent's regular practice setting. Respondent shall submit a written plan for performance and completion of the community service to the Board for approval prior to performance of said community service. Affidavits detailing the completion of community service requirements shall be filed with the Board quarterly, 6. LETTER OF CONCERN. Respondent shall receive a Letter of Concern fram the Board of Medicine. 7. MITIGATING FACTORS: No Prior discipline in twenty (20) years of practice. The Agency expert opined that the Original diagnosis was appropriate, adequate and timely, although not ultimately accurate. As for the mitigating factors in Rule 64B8-8.001(3), the Board's disciplinary guidelines: Respondent was under no restraints or legal constraints at the time of the incident. There is no evidence the Respondent has committed the same offense in the past. The Respondent did not obtain any pecuniary gain or self benefit as a Mar OS O2 11:04a McEwan, Martinez, et.al 407-423-8571 p.8 a result of the mistake, and no controlled substances were involved in the offense. 8. It is expressly understood that this Agreement is subject to the approval of the Board and the Department. In this regard, the foregoing paragraphs (and only the foregoing paragraphs) shall have no force and effect unless a Final Order incorporating the terms of this Agreement is entered by the Board. 9, Respondent shall appear before the Board at the meeting of the Board where this Agreement is considered. Respondent, in conjunction with the consideration of this Agreement by the Board, shall respond to questions under oath from the Board, Board Staff or Department Staff. Respondent shall be prepared to explain the circumstances involved in this matter and what measures have been taken to prevent a recurrence. However, Respondent shall offer no evidence, testimony or argument that disputes or contravenes any stipulated fact or conclusion of law. 10. Should this Agreement be rejected, no statement made in furtherance of this Agreement by the Respondent may be used as direct evidence against the Respondent in any Proceeding; however,-such statements may be used by the Petitioner for impeachment purposes. 11. Respondent and the Department fully understand that this joint Agreement and subsequent Final Order incorporating same will in no way preclude additional proceedings by the Board or the Department against the Respondent for acts or omissions not specifically set forth in the Administrative Complaint. rr [enue snusnenteimninenses Mar OS O02 11:04a McEwan, Martinez, et.al 407-423-9571 p-9 12. Upon the Board's adoption of this Agreement, Respondent expressly waives all further procedural steps, and expressly waives all rights to seek judicial review of or to otherwise challenge or contest the validity of the Agreement and the Final Order of the Board incorporating said Agreement. 13. Respondent waives the right to seek any attorney's fees or costs from the Department in connection with this matter. 14. This Agreement is executed by the Respondent for the Purpose of avoiding further administrative action with respect to this cause. In this regard, Respondent authorizes the Board to review and examine all investigative file materials concerning Respondent prior to or in conjunction with consideration of the Agreement. Furthermore, should this joint Agreement not be accepted by the Board, it is agreed that presentation to and consideration of this Agreement and | other documents and matters by the Board shall not unfairly or illegally prejudice the Board or any of its members from further participation, consideration or resolution of these proceedings. SIGNED this ~]_ day of (eb Sim MARK TRACH, M.D. Before me, personally appeared _/a.d/ Joel) , whose identity is Known to me by (type of identification) and who, under oath, acknowledges that his/her signature appears - above. . GD Swom to and subscribed before me __ this ay 2002. fq, Janet R Uren et KM igen Commission 60832349 - NOTARY PUBLIC GEE Expires May 3, 2003 day of pa epesshineere Mar OS O2 11:04a McEwan, Martinez, et.al 407-423-9571 approven this(a bray of Math ,, 2002 John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health Chief Attorney, Practitioner Regulation EXHIBIT B STANDARD TERMS APPLICABLE TO CONSENT AGREEMENTS The following are the standard terms applicable to all consent agreements, including supervision and Monitoring provisions applicable to licensees on probation. A. PAYMENT OF FINES. Unless otherwise directed by the consent agreement, all fines shall be paid by check or money order and sent to the Board address set forth in Paragraph E, below. The Board office does not have the authority to change the terms of payment of any fine imposed by the Board. B. COMMUNITY SERVICE AND CONTINUING _ EDUCATION Se TICE AND CONTINUING _ EDUCATION UNITS. Unless otherwise directed by the consent agreement, any community service requirements, continuing education units/courses must be completed, and documentation of such completion submitted to the Board of Medicine at the address set forth below in Paragraph E, WITHIN ONE YEAR OF THE DATE OF THE FINAL ORDER IMPOSING SUCH REQUIREMENTS. Cc. ADDRESSES. Respondent must keep current residence and practice addresses on file with the Board. Respondent shall notify the Board within ten (10) days of any changes of said addresses, Furthermore, if the Respondent's license is on probation, the Respondent shall notify the Board within ten (10) days in the event that Respondent leaves the active Practice of medicine in Florida. D. COSTS. Pursuant to Section 458.331(2), Florida Statutes, the Respondent shail pay all costs necessary to comply with the terms of this Consent

Docket for Case No: 01-004396PL