ym STATE OF FLORIDA ek CL, DEPARTMENT OF BUSINESS AND PROFESSIONAL Coda BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND 02 JAN PROFESSIONAL REGULATION, - BOARD OF VETERINARY MEDICINE, | ad ADMIN ; Petitioner, Ye v. Case No. 2000-09659 ERNEST BALOGH, JR., D.V.M., Respondent. ADMINISTRATIVE COMPLAINT SA a SE OO ooo Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF VETERINARY MEDICINE ("Petitioner"), files this Administrative Complaint before the Board of Veterinary Medicine against ERNEST BALOGH, JR., D.V.M. ("Respondent"), and alleges: i, Petitioner is the state agency charged with regulating the practice of veterinary medicine, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 474, Fi lorida Statutes. 2. Atall times material hereto, Respondent was licensed in the State of Florida as a veterinarian, having been issued license number VM 004272. 3. Respondent's address of record is 22219 Waterside Drive, Boca Raton, Florida 33428. 4. From November 6, 2000 until November 29, 2000, Respondent was employed by Safe Harbor Animal Rescue & Clinic (hereinafter “Clinic”) in Jupiter, Florida. 5. Respondent was given keys to the Clinic’s locked drug cabinet. 6. On or about November 24 2000, Samantha Pinder, Veterinarian Technician, noted that ten (10) vials of liquid Valium were missing from t the locked cabinet at the Clinic. Pinder informed Dr. James L. Wells, Veterinarian, of the missing vials. Dr. Wells, Pinder, Sonya Combs, Veterinary PO Re Peer er peor —_— Va AR lk ARR 4 Technician, Dawn Norr, Veterinary Technician, and Terry Meyer, Office Manager, conducted a search of the premises with negative results. 7. On or about November 24, 2000, during a discussion concerning the vials between Dr. Wells and Linda Kender, Administrative Manager, Respondent interrupted and suggested that the Clinic report to the DEA that the vials were dropped and broken to avoid an audit or any problems. 8. On or about November 25, 2000, the Clinic staff again checked the facility for the missing vials and were unsuccessful. 9. On or about November 25, 2000, Norr found (3) of the missing vials in a previously searched refrigerator, shortly after the arrival of Respondent. 10. On or about November 25, 2000, Jo-Anna Waldkoetter, Clinic employee, observed Respondent enter the shelter section of Clinic and walk to the rear of the shelter. George Mo Camp, shelter Manager, observed Respondent exiter the shelter, go to a cabinet, place a vial in his pocket, and exit the shelter. 11. | Onor about November 28, 2000, Roca stated that two more of the missing vials appeared in a previously searched refrigerator, shortly after the arrival of Respondent. 12. On or about November 28, 2000, Roca observed what appeared to be “needle track marks” on the inside of both of Respondent’s arms. 13, Onor about November 28, 2000, Dr. Wells confronted Respondent about the marks on the insides of his arms. ‘Respondent replied that he had donated blood and his arm was sore. 14. | Onor about November 28, 2000, Respondent took the Clinic’s “Depo-Medrol” from the locked cabinet and injected it into his left forearm. yr about December 4, 2000, in an interview with Jupiter Police Detective John Ward, con Respondent sigted that he obtained bruises to his Jeft arm while engaging in “play” with his goddaughter during a birthday party. See were rer SRE Tr 16. | Onor about November 27, 2000, Respondent made improper sexual suggestions to Norr, according to Dr. Wells. 17, On or about November 27, 2000, Respondent asked Norr if she knew where to obtain the drug “ecstasy.” | 13. On or about November 27, 2000, Respondent discovered that Norr was taking the drug “percocets” for migraines and Respondent requested that Norr give him some, Norr refused. Shortly after this conversation with Respondent, Norr observed that two percocets were missing from her purse and had been replaced with pills of an unknown substance. 149. On or about November 27, 2000, Dr. Wells discovered that the pills of an unknown substance were Bethanechol-Chloride tablets which had been taken from the Clinic’s inventory. 20, On or about February 2, 2001, Yvonne Grutka, DBPR Inspector, conducted an audit of the Clinic and found that one-hundred twenty (120) tablets of Valium were missing. 2. On or about March 6, 2001, Victor Dadario, DBPR Investigator, reviewed the Clinic’s drug log and found that Respondent had distributed fifty-nine (59) tablets of Valium during his three weeks of employment with the Clinic. COUNT I 22. Petitioner realleges and incorporates paragraphs One through Twenty as though fully set forth herein. 23. : Section 474.214(1)(h), Florida Statutes, states that being unable to practice veterinary medicine with reasonable skill or safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or any other material or substance or asa result of any mental or physical condition, constitutes grounds for which disciplinary actions may be taken. 24, Based on the foregoing, Respondent has violated Section 474.214(1)(h), Florida Statutes. a — eres rene ae vee sane ree peer ean Pownre ts ak. li collab COUNT H 25. Petitioner realleges and incorporates paragraphs One through Twenty as though fully set forth herein. 2¢. — Section 474.214(1)(y), Florida Statutes, states that using the privilege of ordering, prescribing, or making available medicinal drugs or drugs as defined in Chapter 465, or controlled substances as defined in Chapter 893, for use other than for the specific treatment of animal patients for which there is documented veterinarian/client/patient relationship, constitutes grounds for which disciplinary action may be taken. 27. Based on the foregoing, Respondent has violated Section 474.214(1\(y), Florida Statutes. COUNT I 29. — Petitioner realleges and incorporates paragraphs One through Twenty as though fully set forth herein. 24. Section 474.214(1)(z), Florida Statutes, states that providing, prescribing, ordering, or making available for human use medicinal drugs or drugs as defined in Chapter 465, controlled substances as defined in Chapter 893, or any material, chemical, or substance used exclusively for animal treatment, constitutes grounds for which disciplinary action may be taken. 30, Based on the foregoing, Respondent has violated Section 474.214(1)(z), Florida Statutes. | ; WHEREFORE, Petitioner respectfully requests the Board of Veterinary Medicine 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 not to exceed $5,000 per violation, issuance: of a reprimand, placement of the Respondent on probation, assessment of costs association with the investigation, imposition of ¢ any orall penalties delineated within Section oe ere ls, ai " 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 455 and/or 472, Florida Statutes, and/or the rules promulgated thereunder. ve) oe Signed this 27 day v6 Ose 2001, COUNSEL FOR THE DEPARTMENT: F | L E D GAIL 8. HOGE CF faith Department of Business and Professional Regulation Chief Assistant General Counsel « 5 "DEPUTY CLERK Florida Bar No. 0909289 Department of Business and 43 } i Sk: l Ly Professional Regulation CLERK : 1940 North Monroe Street DATE 7 - }2 - 200\ Tallahassee, FL 32399-2022 ae Tele. (850) 488-7365 Fax (850) 414-6749 Case # 2000-09659 PCP: (p- QQ-6 | GSH/igs POP Members Lowis + Sones a a A oe ToT re peome SEEN ET RR ETI Re mR ws

Docket for Case No: 02-000054PL