i} oT Jeb Bush HEALT John O. Agwunobi M D., M, BA. Governor C2 AUG | | Sector 47 July 29, 2002 The Honorable Larry J. Sartin Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 RE: Department of Health y Erin Cody, M.D., DOH Case Number 2000-00744, DOAH Case Number 02-0416PL e7 yc) oo Dear Judge Sartin: a > 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) 414-8126. Sincerely, Ket bo. Puce Kathryn Price Senior Attorney /tg Enclosure 4052 Bald Cypress Way « Bin C-65 e Tallahassee, FL 32399-3265 Final Order No..DOQH-02-0679-S” -MOA FILED DATE -_.S, 2 Department of Heal PRACTITIONER REGULAR OF FLORIDA ALD. LEGAL = BoaRD OF MEDICINE By: ae H puty Agency Clerk M02 HAY 15 AMI: G4 ; eg ras DEPARTMENT OF HEALTH, Petitioner, Vs. CASE NO.: 2000-00744 LICENSE NO.: ME0067615 ERIN ELIZABETH CODY, M.D., Respondent. a INAL ORDER THIS CAUSE came before the Board of Medicine (Board) pursuant to 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, 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. Accordingly, the parties shall adhere to and abide by all the terms and conditions of the Consent Agreement .. . This Final Order shall take effect upon being filed with the Clerk of ‘the Department ‘of Health. DONE AND ORDERED this f. day of Mh + 2002. BOARD OF MEDICINE ARD ko DIRECTOR For ZACHARIAH P. ZACHARIAH, ‘M.D. . . : , ERTIF F_ SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Pinal Order has been provided by U.S. Mail to Erin Elizabeth Cody, M.D., 820 NW 121* Avenue, Plantation, Florida 33325; to Marc P. Ganz, Esquire, McGrane & Nosich, P.A., 2801 Ponce de Leon Boulevard, Twelfth Floor, Coral Gables, Florida 33134-6924; 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 fy day of MA , 2002, fin loi 03/06/02 WED 07:31 FAX 3054424339 MCGRANESNOSICH x STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, | ‘Petitioner, vy . oo CASE NO, 2000-00744 ERIN ELIZABETH CODY, M.D.; _ Respondent. . . j ” . ‘ CONSENT AGREEMENT ~ Erin Elizabeth Cody, M.D. referred to as the "Respondent," and the Department of Health -referred to as "Department," by and through the Agency for Health Care Administration stipulate and agrée 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. a 03/08/02 WED 07:31 Fax 3054424339 MCGRANE&NOSICH M @ooa 7 Or $n oe s TIPULATED FACTS 1. Atall times material hereto, the Respondent was a licensed physician in the ‘State of Florida having been issued license number ME 67615. , 2. The Respondent was charged by an Administrative Complaint filed by the Department and properly served upon the Respondent with a violation 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 allegations of fact contained in ’ the Administrative Complaint. STIPULATED CONCLUSIONS OF LAW 1, The Respondent admits that, in her capacity as a licensed physician, she is : subject to the provisions of Chapters 456 and 458, Florida Statutes, and the jurisdiction of the Department and the Board. 2. The Respondent admits that the facts set forth in the ‘Administrative Complaint, if proven, would constitute a violation of Chapter 458, Horida Statutes, as alleged in the Administrative Complaint. 3. Respondent admits that the Stipulated Disposition in this case. is fair, appropriate and acceptable to Respondent. ; ante ok nt 03/06/02 WED 07:31 FAX 3054424339 MCGRANEZNOSICH M @oos = —— a STIPULATED DISPOSITION 1. FUTURE CONDUCT. The Respondent shall, not in the future. violate Chapters 456, 458 and 893, Florida Statutes, or the rules promulgated pursuant thereto, Prior to signing this agreement, the Respondent shall read Chapters 456, 458, 893 and the Rules of the Board of Medicine, at Section 6488, Florida Administrative Code. os ADMINISTRATIVE FINE, The Board shall impose’ an administrative fine in the amount of two thousand five hundred dollars ($2,500.00) against the Respondent, The Respondent shall pay the fine'to the Board of Medicine within one () year of its imposition by Final Order of the Board, THE RESPONDENT ACKNOWLEDGES THAT | THE TIMELY PAYMENT OF THE FINES IS HER: 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 ONE (1) YEAR. OF THE FILING OF THIS FINAL ORDER, THE RESPONDENT AGREES TO CEASE PRACTICE UNTIL SUCH WRITT! EN CONFIRMATION Is RECEIVED BY THE RESPONDENT FROM THE a BOARD, (SEE EXHIBIT B, OF THIS CONSENT AGREEMENT FOR BOARD ’ ADDRESS AND ST, ANDARD TERMS). ) fe a 3. REIMBURSEMENT OF COSTS. In addition to the amount of any fine noted ASE ROEMENT OF COSTS. above, the Respondent agrees to reimburse the Department for any administrative costs incurred in the investigation, Prosecution, 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 costs to be reimbursed in this case is one: thousand one hundred thirty seven. dollars and_fifty two cents ($1.137.52), The Respondent shall Pay the costs to the’ Board of Medicine within thirty (30) days of its imposition by Final Order of the Board. THE RESPONDENT ‘ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE costs IS HER LEGAL OBLIGATION AND RESPONSIBILITY AND RESPONDENT AGREES TO CEASE PRACTICING IF THE 7 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 WRITTEN CONFIRMATION IS RECEIVED BY THE RESPONDENT FROM THE BOARD. (SEE EXHIBIT B, OF THIS CONSENT AGREEMENT FOR BOARD ADDRESS AND STANDARD TERMS. 4. CONTINUING MEDICAL EDUCATION. Within one (1) year of the date of the ENG MEDICAL EDUCATION filing of a Final Order in this cause, Respondent shall attend five (5) hours of Continuing RR 03/06/02 WED 07:32 FAX 3054424339 MCGRANEGNOSICH M Boor ee Medical Education (CME), in risk Management, 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 medica course within ninety (90) days 6f-the Final Order in this matter. AN_such documentation shall be sent to the Board of Medicine, ——————— EE SE ORG oF Medicine, regardless of whether some or any of such documentation was previously provided during the course of any. audit or discussion with counsel for the 2; artment. These hours shall_be in addition to those hours_re wired for renewal of licensure. Unless otherwise approved by the Board, said continuing med ical education course shall consist of a formal live lecture format. ESSE LES ND, IVE recture Tormat 5. Respondent shall receive a letter of concern. STANDARD PROVISIONS This Consent Agreement shall be governed by the attached "Standard Terms Applicable to Consent Agreements", Exhibit B, which is incorporated as if fully set forth herein. 4 03/08/02 WED 07:32 FAX 3054424339 MCGRANE&NOSICH M 1, . Respondent shall appear before the Board at the meeting of the Board where this Agreement i 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 7 Grcumstances 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 r contravenes any stipulated fact or conclusion of law. , ‘ 2. 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 i in any proceeding; however, such statements may be used by the Petitioner for Impeachment purposes, a 3, Respondent and the Department fully understand that this joint Agreement and subsequent Final Order incorporating same will in no way preclude additional proceedings against Respondent for acts or omissions not specifically set forth in the Administrative Complaint. 4. Upon the Board's adoption of this Agreement, Respondent expressly waives all further procedural steps, and eopressly 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, ht a 03/06/62 WED 07:33 FAX 3054424339 MCGRANE&NOSICH M Bou —--—_ c 5. Respondent \ waives the right to seek any attorney's fees or costs from the Department in connection with this matter. 6. 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 UY day of Hovdn __ 2002, ‘Erin Elizabeth Cody, M Before me, personally appeared Erin Eli ca) whose identity is known to me by PCH ly KORN (type of identifi ication) and who, iinder oath, acknowledges that his/her signature appears one i Sworn to and subscribed before me this 4ib day of March 2 2002. - a 03/06/02 WED 07:33 FAX 3054424339 MCGRANEENOSICH M . - , NOTARY PUBLIC ey APPROVED this_ (ofr. John O, Agwunobi, M.D., MBA, Secretary, Department of Health « ° , Nancy M. Snurkowski Chief Attomey-Practitioner Regulation ; KEP/rg wv TT 03/06/02 WED 07:32 FAX 3054424339 MCGRANE&NOSICH N Boog ae oe s . Exhibit B STANDARD TERMS APPLICABLE TO CONSENT AGREEMENTS The following 3 are the standard terms applicable to all Consent Agreements, 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 as set forth in paragraph E, below. The Board office does not have the authority to change terms of payment of any fine imposed by the Board, - ro B, COMMUNITY SERVICE AND CONTINUING EDUCATION UNITS. Unless other wise directed by the Consent Agreement, all 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. C. ADDRESSES. The Respondent must keep current residence and practice addresses on file with the Board. The 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 j in the event that the Respondent leaves the active practice of medicine k in Florida, . dD. - COSTS. ‘Pursuant to Section 458. 331(2), Florida Statutes; the Respontient . shall pay al costs necessary to comply with the terms of this Consent Agreement, Such costs Include, but are not limited to, the cost of preparation of Investigative Reports ike aS o3voeso2 WED 07:33 FAX 3054424339 MCGRANEENOSICE u oro ee en ee eee an 4 _ ° a il > detailing compliance with the terms of the Consent Agreement, obtaining Supervision or , monitoring of the Practice, the cost of quality assurance reviews, and the Board's administrative Cost directly associated with the Respondent’s probation. E. BOARD ADDRESS FOR PAYMENT OF-FINES COSTS. All fines shall be sent to: Department of Health HMQAMS/Client Services, P.O. Box 6320, Tallahassee, FL 32314-6320, Attn: Medical Compliance Officer, ‘ F. BOARD ADDRESS FOR REPORTS. . All reports, correspondence and a ADDRESS FOR REPORTS, inquiries shall be sent to the following address: Department of Health HMQAMS/Client Services/Bin C01, 4052 Bald Cypress Way, Tallahassee, FL. 32399-3251, Attn: Medical Compliance Officer, 16 STATE OF FLORIDA _ DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, | PETITIONER, v. CASE NO. 2000-00744 ERIN ELIZABETH CODY, M.D, RESPONDENT. DMI RATIVE C SINT COMES NOW the Petitioner, Department of Heaith, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Erin Elizabeth Cody, M.D., hereinafter referred to as “Respondent,” and alleges: 1. 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. F jorlda Statutes, and Chapter 458, Flotida Statutes, Pursuant to the provisions of -- Section 20.43(3), 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, 8s appropriate, 2. Respondent is and has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 67615. Respondent's fast known address is 820 NW 121% Avenue, Plantation, Florida 33325, 3. On or about February 14, 1999, Patient PK, @ 33-year-old male inmate at the Broward County Jail (the Jail), completed an “Inmate Medical Request Form” on which he reported complaints of Geteriorating vision in his right eye. Respondent was the Medical Director for the Broward County Jail. 4. On or about February. A5, 1999, Patient pK was seen by a nurse Practitioner at the jail, During the visit, Patient PK complained of blurry vision in his right eye. The nurse referred Patient PK to the medical clinic for an eye exam. 5. On or about February 21, 1999, Patient PK was seen by a Physician assistant in the jail’s medical clinic. Patient PK presented with complaints of decreased vision in his right eye. Patient PK’s vision In his right eye was Measured at 20/40. 6. On or about March 17, 1999, Patient PK completed another “Inmate Medical Request Form.” In his request, Patient PK stated that he had lost about 75% of the sight in his right eye and that his right pupil was much more dilated than his left, 2% On or about March 18, 1999, Patient PK returned to the medical clinic and was re-examined by the physician assistant, At this visit, Patient PK reported a farnily .. history of detached retina. Patient PK’s vision in his right eye was measured at 20/200 at this office visit. The physician assistant wrote an order for Patient PK’s medical chart to’go to Respondent for a possible evaluation byan optometrist. 8 On or about March 19, 1999, Respondent reviewed Patient Pk’s chart and approved sending Patient PK for 4 Consultation with an optometrist. Although Patient PK demonstrated a well- -defined Subacute deterioration In vision in his " Fight eye, Respondent did not refer him for an emergent evaluation by an eye-care Specialist, . 9. On or about July 13, 1999, Patient PK was seen by an’ optometrist. The optometrist diagnosed Patient PK with right eye retinal detachment. COUNT ONE 10. Petitioner realleges and i incorporates: paragraphs one (1) through nine (9), as if fully set forth herein this Count One, 11, Respondent failed to practice medicine. with that level of: care, skill and ~ treatment: which is recognized by a reasonably prudent similar physician ‘as being acceptable under similar conditions and circumstances, in that Respondent failed to refer Patient PK for an emergent evaluation by an eye-care specialist. ; 12. Based on the foregoing, Respondent: has violated Section 458,331(1)(), ; F lorida Statutes, by failing to practice medicine with that level of care, Skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, COUNT TWO 13, Petitioner realleges and incorporates paragraphs one (1) through nine (9), and Paragraph eleven (11), as if fully set forth herein this Count To. - a 14. Respondent failed to keep medical records that justify the course of treatment of the patient, in that Respondent's medical records do not justify her failure to refer Patient PK for an emergent evaluation by an eye-care Specialist and/or do not - ~ document Respondent's planned Course of treatment other than a general referral of Patient PK to an optometrist. 15. Based on the foregoing, Respondent violated Section 458.331(1)(m), - Florida Statutes, by falling to keep Jegible, as defined by department rule in consultation with the board, medical records that identify the licensed physician or the physician extender and Supervising physician by name and professional title who js Gr are responsible for rendering, ordering, Supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations, WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an or ar imposing one or more of the following penalties: permanent revecation er . dhe ~ Suspension of the Respondent's license, restriction of the Respondent's practice, . Imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on Probation, the assessment of costs related to the investigation and ~ a Prosecution of this case 8S provided for in Section 456.072(4), Florida Statutes, and/or any other relief that the Board deems appropriate, SIGNED this QUA day of 2001. Robert G. Brooks, M.D., Secretary rkOwski Chief Attorney, Practitioner Regulation COUNSEL [-0R DEPARTMENT: Eric S. Scott Senior Attorney, Practitioner Regulation Agency for Health Care Administration F ] LE D P.O. Box 14229 DEPARTMENT OF HEALTH Tallahassee, Florida 32317-4229 DEPUTY CL K ff Florida Bar # 0911496 . ‘CLERK ev) ESS/ess . PCP: February 23, 2001 PCP Members: El-Bahri, Davies, Pardue

Docket for Case No: 02-000416PL