a Cl7PL STATE OF FLORIDA Dee anne DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION — . BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ate . Doerescecermaumennin Petitioner, a : ~ Case No. 2000-04556 SEAN A. MURPHY, Respondent. _ ADMINISTRATIVE ¢ COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFES SIONAL REGULATION Petitioner’ "), files this Administrative Complaint before the Board of Veterinary Medicine against SEAN A. MURPHY, (*Respondent), and alleges: 1. Petitioner i is the state agency charged with regulating the practice of veterinary " medicine, “pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 474, Florida Statutes. 2. At all times material hereto, Respondent was licensed in the State o of Florida asa terinarian, license number vM 00058 3. Respondent's address of record is 12220 Towne Lake Drive, Ft. Myers, Florida 33913. 4. Respondent performed surgery to remove a mass on the head of a 16 % year old female poodle, “Pooky”, at Gateway Animal Hospital on or about March 23, 2000. 5. Respondent’s medical records are unclear as to which gas anesthetic was used on “Pooky.” 6. Respondent’s medical records do not indicate how much IV fluids “Pooky” received . during the surgery. I i A RM ee 7. “Pooky” was presented to Respondent for treatment on the morning of March 25, 2000, and again the morning of March 26, 2000, . 8. “Pooky” remained in Respondent’s care on March 26, 2000 until approximately 7 pm, when the dog died. 9. The last entry concerning medical care was at 10 a.m. on March 26, 2000. — 10.‘ There is no record of treatment from 10 a.m. to 7:15 p.m. on March 26, 2000. 11. “Pooky’s” owners were told about “Pooky’s” death at approximately 9:45 a.m. on March 27, 2000. 12: “Pooky’s” owners were not timely informed of “Pooky’s” death. _ COUNTI 13. _ Petitioner realleges and incorporates paragraphs one through twelve as though fully set forth herein. 14. Section 474.214(1)(0), Florida Statutes, states that fraud, deceit, negligence, incompetency, or misconduct, in or related to the practice of veterinary medicine constitutes grounds for disciplinary action. . | 15. Based on the foregoing, Respondent has violated Section 474.214(1)(0), Florida 7 Statutes. COUNT I 16. Petitioner realleges and incorporates paragraphs one through twelve as though fully set forth herein. 17. Section 474(1)(#), Florida Statutes, states that violating any provision of this chapter or arule of the board or department constitutes grounds for disciplinary action. 18. . Rule 61G18-18.002(3), Florida Administrative Code, states in pertinent part that medical records shall be contemporaneously written and include the following information: physical bik il ae re TE HERR — examination, any present illness or injury noted, and provisional diagnosis or health status determination. 19. ‘Rule 61G18-18. 002(4), Florida Administrative Code, States in pertinent part that _ medical records shall also contain the following, if applicable: treatment-medical, surgical; hospitalization; and drugs prescribéd, administered, or dispensed, _; 20. Based on the foregoing, Respondent has violated Section 474. 421401)0, Florida oS Sanutes by failing to comply with Rules 61G18-18,002(3)and (4). 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 or all penalties delineated within Section 455. 227(2), F Florida Statutes, and/or any other relief that the Board is authorized to impose ‘iirsuanit to Chapters 455 and/or 474, Florida Statutes, and/or the rules promulgated thereunder. ~ Signed this Se, ~ day of br, 2001. | Counsel for the Department: F | L E D Tiffany A. Short\s Bepariment of Business and Professional Regulatian Assistant General Counsel ; DEPUTY CLERK Florida Bar Number 505994 . Department of Business and : Prardedll Nichole Professional Regulation curr Drandm Office of the General Counsel DATE | Q- } / -200\ 1940 North Monroe Street " Tallahassee, FL 32399-2202 TAS/jar Case #2000-04556 pee: ujafer - Sores + LEWIS, lI OR ee

Docket for Case No: 02-000667PL