Jeb Bush John O. Agwunobi, M.D., M.B.A. Governor Secretary January 21, 2003 ay 0. Ne “Gy +S The Honorable C. C. Adams OE, Se 6 OO Division of Administrative Hearings GY So, Yeo The DeSoto Building Wy Bian “S: 1230 Apalachee Parkway Moy v Tallahassee, Florida 32399-1550 < RE: DOH v. , Christopher Bald, M.D. DOH Case Number 2000-09419 _ 4 DOAH Case Number 02-1414PL CC Dear Judge : 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) 487-2813. Sincerely, A (Ve ae A . Shama #9 Shirley J. Whitsitt Senior Attorney SJW/das Enclosure 4052 Bald Cypress Way e Bin C-65 e Tallahassee, FL 32399-3265 7 -MQA Final Order No. DOH-02-1920 ie FILED DATE -~__L2 Department of Health STATE OF FLORIDA -BOARD OF MEDICINE Ochs 2> By: Deputy Agency Clerk DEPARTMENT OF HEALTH, Petitioner, vs. , DOH CASE NO.: 2000-09419 LICENSE NO.: ME0030504 CHRISTOPHER BALD, M.D., Respondent. a / FINAL ORDER THIS CAUSE came before the BOARD OF MEDICINE (Board) pursuant to Sections 120.569 and 120.57(4), Florida Statutes, on December 6, 2002, in Tampa, Florida, for the purpose of considering. a Congent.:Agreement (attached hereto as Exhibit A) entered into between the parties in this cause. Upon consideration of the Consent Agreement, the documents submitted in support thereof, the arguments of the parties, and being otherwise fully advised in the premises, the Board rejected the Consent Agreement and offered a Counter Consent Agreement which accepted on the record by the parties. The Counter Consent Agreement incorporates the original Consent Agreement with the following amendments: 1. The fine set forth in Paragraph 2 of the Stipulated Disposition shall be deleted. 2. The costs set forth in Paragraph 3 of the Stipulated Disposition shall reflect the actual costs in this case in the amount of $6,294.10. 3. The requirement for a letter of concern as set forth in Paragraph 5 of the Stipulated Disposition shall be deleted. IT IS HEREBY ORDERED AND ADJUDGED that the Consent Agreement as submitted be and is hereby approved and adopted in toto and incorporated herein by reference with the amendments 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 JP day of Do BEN. , 2002. BOARD OF MEDICINE Mllltww Larry’McPherson, Jr., Ex tive Director for Zachariah P. Zacharigh, M.D., Chair CERTIFICATE OF SERVICE T HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to CHRISTOPHER BALD, M.D., 40 SW 12 Street, Suite A-102, Ocala, Florida 34474; to Robert A. Cole, Esquire, Cole, Stone, et al., 201 North Hogan Street, Suite 200, Jacksonville, Florida 32202; and by interoffice delivery to Ephraim Livingston and Pamela Page, Department of Health, 4052 Bald Cypress Way, Bin #C-65, 2 Tallahassee, Florida 32399-3265 this Aote day of DelembLa , 2002. STATE OF FLORIDA ~ DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, v. DOH Case No. 2000-09419 CHRISTOPHER BALD, M.D. Respondent. CONSENT AGREEMENT Christopher Bald, 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. STIPULATED FACTS 1, At all times material hereto, Respondent was a licensed physician in the State of Florida having been Issued license number ME 0030504. 2. Respondent was charged by an Administrative Complaint filed by the Department and properly served upon Respondent with a single 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 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 set forth in the Administrative Complaint, if proven, may constitute violations of Chapter 458, Florida Statutes, as alleged in the Administrative Complaint. 3. The Parties admit that the Stipulated Disposition in this case is fair, appropriate and acceptable. STIPULATED DISPOSITION 1. FUTURE CONDUCT. 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, Respondent read Chapters 456, 458, and 893, Florida Statutes, and the Rules of the Board of Medicine, at Section 64B8, Florida Administrative Code. 2. FINE. The Board shall impose an administrative fine in the amount of four thousand dollars ($3,000) against the Respondent. The Respondent agrees to pay this fine to the Board of Medicine within one (1) year of the filing of the Final 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 ONE (1) YEAR 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, 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 Agency costs, as of the date of this agreement, are four thousand six hundred dollars ($4,600.00). The Respondent agrees to pay these costs to the Board of Medicine within six (6) months of the filing of the Final Order of the Board. THE RESPONDENT 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 SIX (6) MONTHS 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. 4. CONTINUING MEDICAL EDUCATION. The Respondent agrees to attend five (5) hours of Continuing Medical Education (CME), in Risk Management. Respondent agrees to submit a written plan to the Chairman of the Probation Committee for approval prior to the completion of said continuing education hours and course. The Board confers authority on the Chairman of the Probation Committee to approve or disapprove said continuing education hours or course. The Respondent additionally agrees to 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 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 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. 5. LETTER OF CONCERN. Respondent shall receive a letter of concern from the Board of Medicine. 6. AGREEMENT SUBJECT TO APPROVAL OF BOARD. 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 the Board enters a Final Order incorporating the terms of this Agreement. 7. APPEARANCE BEFORE THE BOARD. The Respondent agrees to appear before the Board of Medicine meeting when this Agreement is considered. Respondent, in conjunction with the consideration of this Agreement by the Board, agrees to respond to questions under oath from the Board, Board Staff or Department Staff. The Respondent agrees that he will be prepared to explain the circumstances involved in this matter and what measures have been taken to prevent a recurrence. However, the Respondent agrees that he will offer no evidence, testimony, or argument to dispute or contravene any stipulated fact or conclusion of law. 8. REJECTION OF AGREEMENT. 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. 9. ADDITIONAL PROCEEDINGS NOT _PRECLUDED. The Respondent and the Department understand that this Agreement and subsequent Final Order incorporating same do not preclude additional proceedings by the Board and/or the Department against the Respondent for acts or omissions not specifically set forth in the Administrative Complaint attached as Exhibit A herein. 10. WAIVER OF JUDICIAL REVIEW. Upon the Board's adoption of this Agreement, the 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. 11. RESPONDENT'S WAIVER OF ATTORNEY FEES. Upon the Board's adoption of this Agreement, the Respondent agrees to waive any right he may have to seek any attorney's fees or costs from the Department in connection with this matter. 12. AUTHORIZATION TO REVIEW INVESTIGATIVE MATERIALS. Respondent executes this Agreement 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 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. 07/18/2002 10:42 FAX 904 354 5546 COLE, STONE, STOUDEMIRE Moog-oll JUL-18-2002 69:28 oath, acknowledges is signature appears above. : » Swom to and subscribed before me this 2 ™ day of July 2002. BETTY E. HARMON MY COMMISSION # CC 811621 EXPIRES: April 2, 2003 Bonded Thru Pichard insurance Agency fy APPROVED this Yday of Oc: 202. John W. Agwunobi, MD, MBA, Secretaiy Department of Health AHCAYLEGAL MEDICAL 858 414 1589 P.68 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. CONTINUING EDUCATION UNITS. Unless otherwise directed by the consent agreement, all continuing education units/courses must be completed, and documentation of such completion submitted to the Board of Medicine WITHIN ONE YEAR OF THE DATE OF THE FINAL ORDER. Cc COSTS. Pursuant to Section 458.331(2), Florida Statutes, the Respondent agrees to pay all costs necessary to comply with the terms of this Consent Agreement. Such costs include, but are not limited to, the costs of preparation of Investigative Reports 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 costs directly associated with Respondent's probation. D. RESPONDENT'S ADDRESS. Respondent must keep current residence and practice addresses on file with the Board. Respondent agrees to 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. E. BOARD ADDRESS FOR PAYMENT OF FINES. 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 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.

Docket for Case No: 02-001414PL