I|-20-02 Final Order No. DOH-03-0182- FOE-MQA FILED DATE - 2 Department of fealth STATE OF FLORIDA BOARD OF MEDICINE By: F ‘R- [lana c~ Deputy Agencyd2lprk | DEPARTMENT OF HEALTH, AT o Petitioner, SRB ES, 2, vs. DOH Case No.: 1998-21505"... 2 1999-51909 “ato “2 1999-55112 “@p" e 2000-07402 o DOAH Case No.: 02-0165PL 02-0219PL License No.: ME0052212 WILLIAM M. HAMMESFAHR, M.D., S6K -C lds Respondent. / FINAL ORDER THIS CAUSE came before the BOARD OF MEDICINE (Board) pursuant to Sections 120.569 and 120.57(1), Florida Statutes, on February 7, 2003, in Orlando, Florida, for the purpose of considering the Administrative Law Judge’s Recommended Order, Respondent's Exception and Petitioner’s Response to Respondent’s Exceptions to the Recommended Order, and (copies of which are attached hereto as Exhibits A, B, and C, respectively) in the above-styled cause. Petitioner was represented by James Earl, Senior Attorney. Respondent was not present but was represented by Max R. Price, 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. RULINGS ON EXCEPTIONS The Board reviewed the Exceptions filed by the Respondent and rejected the exceptions. There is competent substantial evidence in the record to support the findings and conclusion of the Administrative Law Judge. 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. 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 shall pay an administrative fine in the amount of $2,000 to the Board within 30 days from the date this Final Order is filed. 2. Respondent shall be placed on probation for a period of six (6) months subject to the following terms and conditions: a. Respondent shall appear before the Probationer’s Committee at the first meeting after said probation commences, at the last meeting of the Probationer’s Committee preceding termination of probation, quarterly, and at such other times requested by the committee. Respondent shall be noticed by Board staff of the date, time and place of the Board’s Probationer’s Committee whereat Respondent’s appearance is required. Failure of the Respondent to appear as requested or directed shall be considered a violation of the terms of probation, and shall subject the Respondent to disciplinary action. Unless otherwise provided in the Final Order, appearances at the Probationer’s Committee shall be made quarterly. b. Respondent shall not practice except under the indirect supervision of a physician fully licensed under Chapter 458 to be approved by the Board’s Probationer’s Committee. Absent provision for and compliance with the terms regarding temporary approval of a monitoring physician set forth below, Respondent shall cease practice and not practice until the Probationer’s Committee approves a monitoring physician. Respondent shall have the monitoring physician present at the first probation appearance before the Probationer’s Committee. Prior to approval of the monitoring physician by the committee, the Respondent shall provide to the monitoring physician a copy of the Administrative Complaint and Final Order filed in this case. A failure of the Respondent or the monitoring physician to appear at the scheduled probation meeting shall constitute a violation of the Board’s Final Order. Prior to the approval of the monitoring physician by the committee, Respondent shall submit to the committee a current curriculum vitae and description of the current practice of the proposed monitoring physician. Said materials shall be received in the Board office no later than fourteen days before the Respondent's first scheduled probation appearance. The attached definition of a monitoring physician is incorporated herein. The responsibilities of a monitoring physician shall include: (A) Submit monthly reports, in affidavit form, which shall include: 1. Brief statement of why physician is on probation. 2. Description of probationer’s practice. 3. Brief statement of probationer’s compliance with terms of probation. 4. Brief description of probationer’s relationship with monitoring physician. S. Detail any problems which may have arisen with probationer. (B) Be available for consultation with Respondent whenever necessary, at a frequency of at least once per month. (C) Review 50 percent of Respondent’s patient records selected on a random basis at least once every month. The monitor shall review these records for appropriate patient billing practices. In order to comply with this responsibility of random review, the monitoring physician shall go to Respondent's office once every month. At that time, the monitoring physician shall be responsible for making the random selection of the records to be reviewed by the monitoring physician. (D) Report to the Board any violations by the probationer of Chapter 456 and 458, Florida Statutes, and the rules promulgated pursuant thereto. c. In view of the need for ongoing and continuous monitoring or supervision, Respondent shall also submit the curriculum vitae and name of an alternate supervising/monitoring physician who shall be approved by Probationer’s Committee. Such physician shall be licensed pursuant to Chapter 458, Florida Statutes, and shall have the same duties and responsibilities as specified for Respondent’s monitoring/supervising physician during those periods of time which Respondent’s monitoring/supervising physician is temporarily unable to provide supervision. Prior to practicing under the indirect supervision of the alternate monitoring physician or the direct supervision of the alternate supervising physician, Respondent shall so advise the Board in writing. Respondent shall further advise the Board in writing of the period of time during which Respondent shall practice under the supervision of the alternate monitoring/supervising physician. Respondent shall not practice unless Respondent is under the supervision of either the approved supervising/monitoring physician or the approved alternate. dad. Respondent shall attend 5 hours of Category I Continuing Medical Education within one year from the date this Final Order is filed in the area of medical ethics. Respondent shall submit a written plan to the Chairperson of the Probationer’s Committee for approval prior to the completion of said courses. The Board confers authority on the Chairperson of the Probationer’s Committee to approve or disapprove said continuing education courses. In addition, Respondent shall submit documentation of completion of these continuing medical education courses to the Probationer’s Committee. These hours shall be in addition to those hours required for biennial renewal of licensure. Unless otherwise approved by the Board or the Chairperson of the Probationer’s Committee, said continuing education courses shall consist of a formal live lecture format. e. During the 12 months, Respondent shall perform 100 hours of community service. 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. Such community service shall be performed outside the physician’s regular practice setting. Respondent shall submit a written plan for performance and completion of the community service to the Probationer’s Committee for approval prior to performance of said community service. Affidavits detailing the completion of community service requirements shall be filed with the Board. (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 THIS FINAL ORDER.) RULING ON MOTION TO ASSESS COSTS Pursuant to the Department’s Motion to Assess Costs In Accordance With Section 456.072(4), Florida Statutes, Respondent shall pay the costs associated with this case in the amount of $52,084.40. This Final Order shall take effect upon being filed with the Clerk of the Department of Health. “—— —= DONE AND ORDERED this ‘2-$ day of LEILA , 2003. BOARD OF MEDICINE Larry MéPherson, Jr., Executive Director for Raghavendra Vijayanagar, M.D., Chair 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 WILLIAM M. HAMMESFAHR, M.D.,600 Druid Road East, Clearwater, Florida 33756; to Max R. Price, Esquire, Solms & Price, P.A., 6701 Sunset Drive, Suite 104, 33143; to Susan B. Kirkland, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by interoffice delivery to Ephraim Livingston, and Pamela Page, Department of Health, 4052 Bald Cypress Way, Bin #C-65, Tallahassee, Florida 32399-3265 this 2 2 day of eazeu Hap , 2003. Péale oy CO F: \Users \ADMIN\NANCY\MED\ORD\2- 2003 \Hammesfahr .wpd

Docket for Case No: 02-000165PL

Orders for Case No: 02-000165PL