STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Oe 7 DO: OSE IPL v. CASE NO. 2000-12201 OMAR J. BRITO MARIN, M.D. RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this ; Administrative Complaint before the Board of Medicine against Respondent, Omar J. Brito Marin, M.D., and in support thereof alleges: PARTIES 1. The Department of Health is the state agency*charged with regulating the practice of medicine under Florida Law. 2. Respondent, whose address of record is 21953 S.W. 97" Place, Miami, Florida 33190 was issued license number ME 0037203 on August 19, 1980. GENERAL ALLEGATIONS 3. At all times material to this Complaint, Respondent was a licensed medical physician within the State of Florida. 4. Respondent specializes in the practice of Occupational Medicine. 5. Respondent is not board certified. 7007. 0 t 430 OPERATIONS OF LYME MEDICAL GROUP 6. In or about January of 1996, Lyme Medical Group, Inc., C Lyme’), was established as a diagnostic clinic by Pedro Gonzalez, Julio Valle and Emilio Madrigal, located in Miami, Florida. 7. Beginning in or about late 1997, Julio Valle, an unlicensed medical assistant, began to create fictional patient records for individuals who presented to Lyme. 8. The fictional patient records created by Mr. Valle at Lyme reflect the diagnosis and treatment of human disease, pain, injury, deformity or other physical or medical condition. ) 9, At all times pertinent to the allegations herein Mr. Valle was neither a licensed physician nor a licensed health care professional. 10. Mr. Valle was responsible for seeing patients, completing their “histories,” conducting “examinations/treatments,” and completing “médical reports.” 11. All Lyme patient files given to Mr. Valle to complete were blank except for forms signed by the “patient.” 12. The Lyme patients signed forms regardless of whether the patient had presented to a physician at Lyme for medical evaluation or treatment. 13. On or about October 28, 1996, Respondent began full-time employment at Healthcare Center, located at 7911 N.W. 72™ Avenue, Suite 111, Miami, Florida. 14. In or about late 1997, Respondent agreed to review patient medical records and to sign his name as the attending/treating physician for Lyme. 15. Section 458.331(1)(m), Florida Statutes, requires physicians to keep legible medical records that identify the physician or physician extender and supervising physician by name and professional title who are responsible for rendering, ordering, supervising or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient. 16. Beginning in or about late 1997, Mr. Valle brought the fictional patient records he created at Lyme to Respondent at Healthcare Center for his review and signature as the attending/treating physician. 17. Respondent personally examined no more than two patients who presented to Lyme. | 18. Respondent's fee for reviewing and signing Lyme's medical records was approximately $1,000 per month. 19. In or about January, 1998, Lyme moved to Hialeah, Florida, and began treating primarily automobile accident injuries. * 20. Onor about April 28, 1999, a search warrant was executed at Lyme by the Department of Insurance/Fraud Division (DIF) and the Miami-Dade Police Department (MDPD), resulting in the seizure of 877 patient files. 21. All of the patient files seized on April 28, 1999, by DIF/MDPD listed the Respondent as the attending/treating physician. FACTS REGARDING PATIENT E.B, 22. On or about August 9, 1998, Patient E.B. a 43 year-old male, was approached by Oscar Rodriguez to participate as a passenger in a staged automobile accident. 23. Oscar Rodriguez functioned as a “runner” for Lyme, paid to recruit “patients” for Lyme. ‘24. Mr. Rodriguez told Patient E.B. that he could file a lawsuit and collect some money if he participated in the staged automobile accident. 25. Mr. Rodriguez told Patient E.B, that Lyme would handle the details of the accident/lawsuit. : 26. On or about August 9, 1998, ‘Patient E.B. participated in a staged automobile accident with Mr. Rodriguez. 27. On or about August 9, 1998, the Hialeah Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient E.B. as Mr. Rodriguez’s passenger in the crash. 28. Patient E.B. subsequently accompanied Mr. Rodriguez to Lyme where Patient E.B. signed blank medical forms and had some x-rays taken. 29. On or about August 14, 1998, Lyme created a Consent To Examination And Treatment document identifying Patient E.B. 30. Respondent thereafter signed the Consent to Examination and Treatment document as the examining and treating physician. 31. Lyme patient records reflect that on or about August 14, 1998, Patient E.B. presented to Lyme complaining of headache, cramps, back pain and articular pain. 32. Patient records at Lyme reflect that on or about August 14, 1998, Respondent diagnosed Patient E.B. with lower back pain, thoracic spine sprain, right elbow pain/contusion, right shoulder pain, headache and dizziness. 33. Patient records at Lyme reflect that on or about August 14, 1998, Respondent ordered Motrin, 600 mg., three times daily, physical therapy three times a week, electrical stimulation, ultrasound and massage for Patient E.B. 34. A Follow Up Medical Report on or about August 31, 1998, reflects that Patient E.B. presented to Respondent at Lyme complaining of neck/lumbar pain, right _ shoulder, arm and elbow pain. . 35. The patient records for Patient E.B. reflect that on or about August 31, 1998, Respondent ordered Naprosyn, 500 mg., twice daily; Norflex, 100 mg., three times daily; and continued physical therapy, electrical*stimulation, massage, and paraffin baths three times weekly. 36. Lyme medical records on Patient £.B. were created to reflect follow up visits on September 28, 1998, October 30, 1998, and November 30, 1998. 37. The medical records created for Patient E.B. were all signed by the Respondent as the examining and treating physician. 38. In a sworn statement before the Department of Insurance/Fraud Division, dated on February 15, 2000, Patient E.B. stated that Respondent never examined or treated him on the above-referenced dates. COUNT ONE DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 39, Petitioner incorporates by reference the allegations contained in Paragraphs 1 —38. 40. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient E.B. 41. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick or scheme in the practice of medicine. - COUNT TWO — FILING A FALSE REPORT 42. Petitioner incorporates by reference the allegations in Paragraphs 1 — 38. 43. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and+treated Patient E.B. 44. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal | law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT THREE — AIDING UNLICENSED PERSONNEL 45. Petitioner incorporates by reference the allegations in Paragraphs 1-38. 53. Patient records at Lyme indicate that on or about October 5, 1998, Respondent ordered Relafen, 500 mg, twice daily, physical therapy three times a week, electrical stimulation, massage and hot packs. 54. The Lyme records for Patient J.Q. reflect that on or about February 16, 1999, Respondent examined, diagnosed and discharged Patient J.Q. 55. Julio Valle created the medical documents and patient records for Patient J.Q. and brought them to Respondent for review and signature. 56. Respondent never examined, diagnosed or treated Patient J.Q. at Lyme or anywhere else. COUNT FOUR DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 57. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 48 - 56. 58. Respondent made deceptive, untrue or fratidulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient J.Q. 59. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT FIVE ~ FILING A FALSE REPORT 60. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 48 — 56. 61. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient J.Q. 62. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT SIX — AIDING UNLICENSED PERSONNEL 63. Petitioner incorporates by reference the allegations in Paragraphs 1 - 21 and 48 — 56. 64. Respondent aided Julio Valle, an unlicensed person, to practice medicine _ by signing a false history/physical, diagnosis and treatment plan for Patient 3.Q. 65. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida stitutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT N.M. 66. Onor about May 7, 1998, Patient N.M., a 52 year-old female, was involved in an automobile accident. 67. On or about May 7, 1998, the Hialeah Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient N.M. as a driver of one of the automobiles. 46. Respondent aided or assisted Julio Valle, an unlicensed person, to practice medicine by agreeing to sign or signing a false history/physical, diagnosis and treatment plan for Patient E.B. 47. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT J.Q. 48. On or about September 30, 1998, Patient J.Q., a 25 year-old male, was involved in an automobile accident. 49. On or about September 30, 1998, the Miami Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient J.Q. as a passenger in the crash. 50. Lyme patient records indicate that Patient 32. consented to examination and treatment from Respondent on or about September 30, 1998. 51. _ Lyme patient records reflect that on or about October 5, 1998, Patient J.Q. presented to Respondent at Lyme complaining of severe stiffness of the back and neck, knee, elbow and shoulder pain. 52. Patient records at Lyme indicate that on or about October 5, 1998, Respondent performed a physical examination, ordered diagnostic studies, arrived at a diagnosis of cervical pain/radiculopathy, thoracic spine sprain, right elbow, knee and shoulder pain, and a plan of treatment for Patient J.Q. 68. Lyme patient records indicate that Patient N.M. consented to examination and treatment from Respondent on or about May 12, 1998. 69. Lyme patient records reflect that on or about May 12, 1998, Patient N.M. presented to Respondent at Lyme complaining of neck pain, headache, left ankle pain, left rib cage contusion, left shoulder pain/contusion, left wrist pain/contusion. 70. Patient records at Lyme indicate that on May 12, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of myofascitis of both trapeziums, left shoulder sprain, left wrist sprain and left ankle sprain, and a plan of treatment for Patient N.M. 71. Patient records at Lyme indicate that on or about May 12, 1998, ~ Respondent ordered Motrin, 600 mg., three times daily, Flexeril, 10 mg., three times daily, electrical stimulation, ultrasound and paraffin baths. 72. Lyme medical records on Patient N.M. were created to reflect follow up visits on May 28, 1998, June 23, 1998, and July 15, 1998.” 73. Lyme patient records indicate that on or about August 14, 1998, Patient N.M. presented to Respondent at Lyme for a final medical evaluation. 74. Patient records at Lyme indicate that on or about August 14, 1998, Respondent performed a physical examination, and arrived at a diagnosis of post cervical spine sprain, radiculitis of upper extremities, post traumatic sprain, strain and tendonitis of feft shoulder, postleft wrist and ankle sprain, and myofascitis of both trapeziums. 75. The medical records created for Patient N.M. were all signed by the Respondent as the examining and treating physician. 76. Respondent did not physically examine, diagnose or treat Patient N.M. on May 12, 1998, May 28, 1998, June 23, 1998, July 15, 1998 or August 14, 1998. COUNT SEVEN DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 77. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 66 - 76. 78. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting _ that he had physically examined, diagnosed and treated Patient N.M. 79. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme’tn the practice of medicine. COUNT EIGHT — FILING A FALSE REPORT 80. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 66 — 76. 81. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient N.M. 82. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT NINE — AIDING UNLICENSED PERSONNEL 83. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 66 — 76. 84. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient N.M. 85. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the _ department or the board. ‘FACTS RELATING TO PATIENT L.F. 86. Lyme patient records reflect that on March 3, 1999, Patient L.F. presented to Respondent at Lyme complaining of headache, dizzitfess, right knee and leg pain, right ankle pain and swelling, and a tingling sensation of the lower extremities. 87. Patient records at Lyme indicate that on March 1, 1999, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of thoracic spine sprain/strain, lower back pain, leg and knee trauma and pain, headache, dizziness, right ankle sprain, and numbness of lower extremities, anda plan of treatment for Patient L.F. 88. Patient records at Lyme indicate that on March 3, 1999, Respondent ordered Motrin, 600 mg, three times daily, Norflex, 100 mg., twice daily, and physical therapy three times a week. 89. Lyme medical records on Patient L.F. were created to reflect a follow up visit with Respondent on March 23, 1999. 90. The medical records created for Patient L.A were all signed by the Respondent as the examining and treating physician. 91. Respondent did not physically examine, diagnose or treat Patient L.F on March 3, 1999, or March 23, 1999. . COUNT TEN DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 92. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 86 - 91. 93. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient L.F. 94. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT ELEVEN — FILING A FALSE REPORT 95. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 86 - 91. 96. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient L.F. . 97. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT TWELVE — AIDING UNLICENSED PERSONNEL 98. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 86-91. 99. Resporident aided Julio Valle, an unlicensed person, to practice medicine _ by signing a false history/physical, diagnosis and treatment plan for Patient L.F. 100. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT I.B. 101. On or about March 1, 1999, Patient I.B., a 19 year-old male, was involved in an automobile accident. 102. On or about March 1, 1999, the Hialeah Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient I.B. as a driver of one of the automobiles. 14 103. Lyme patient records reflect that on or about March 3, 1999, Patient I.B. presented to Respondent at Lyme complaining of neck and back pain, headache, right wrist pain and left shoulder pain. 104. Patient records at Lyme indicate that on or about March 3, 1999, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of myofascitis of both trapeziums, left shoulder sprain, right wrist and hand sprain, lumbar spine sprain, cervical and dorsal spine sprain, and a plan of treatment for Patient I.B. 105. Patient records at Lyme indicate that on March 3, 1999, Respondent ordered Motrin, 600 mg, three times daily, Norflex, 100 mg, twice daily, and physical _ therapy for Patient 1.B. ~ : | 106. Lyme patient records for Patient 1.B. were created to reflect a follow up visit with Respondent on or about March 31, 1999. 107. The medical records created for Patient ?B. were all signed by the Respondent as the examining and treating physician. 108. Respondent did not physically examine, diagnose or treat Patient I.B. on March 3, 1999, or March 31, 1999, COUNT THIRTEEN DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 109. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 101 - 108. 15 110. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient I.B. 111. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT FOURTEEN — FILING A FALSE REPORT 112. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 101 - 108. 113. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient I.B. 114. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal faw, willfully impeding or obstructing such filing or inducing another person to do so. COUNT FIFTEEN — AIDING UNLICENSED PERSONNEL 115. Petitioner incorporates by reference the allegations in Paragraphs 1 ~ 21 and 101 — 108. 116. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient I.B. 117. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to 16 practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT F.R. 118. Lyme patient records indicate that Patient FR., a 39 year-old male, consented to examination and treatment from Respondent on or about March 10, 1998. 119. Lyme patient records indicate that on or about March 10, 1998, Patient FR. presented to Respondent complaining of severe headache, dizziness, neck and back pain, right knee pain/contusion. 120. Patient records at Lyme indicate that on March 10, 1998, Respondent performed a review of systems, ordered diagnostic studies, arrived at a diagnosis of - cervical, lumbar and thoracic sprain, post traumatic synovitis of left knee, cervical radiculitis, and headache, and a plan of treatment for Patient FR. 121. Patient records at Lyme indicate that on or about March 10, 1998, Respondent ordered Neurobion, twice daily, Anaprox, twice’ daily, and physical therapy three times per week for one month. 122. Lyme medical records on Patient F.R. were created to reflect follow up visits on May 11, 1998, and June 9, 1998. 123. The medical records created for Patient F.R. were all signed by the Respondent at the examining and treating physician. 124. Respondent did not physically examine, diagnose or treat Patient F.R. on March 10, 1998, May 11, 1998, and June 9, 1998. COUNT SIXTEEN DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 125. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 118 - 124. 126. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient F.R. 127. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT SEVENTEEN — FILING A FALSE REPORT 128. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 118 - 124, 129. Respondent filed a false report by signing hissname to medical documents reflecting that he had physically examined, diagnosed and treated Patient F.R. 130. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT EIGHTEEN— AIDING UNLICENSED PERSONNEL 131. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 118 - 124. 132. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient F.R. 133. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT M.L. 134. Lyme patient records reflect that on or about January 5, 1999, Patient M.L., a 35 year-old female, presented to Respondent at Lyme complaining of neck, mid and lower back pain; right shoulder, arm and elbow pain, headache, dizziness, and __ anxiety. . 135. Patient records at Lyme indicate that on January 5, 1999, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of cervical pain, muscle spasm, lower back»pain, thoracic spine sprain, right elbow and shoulder pain, headache and dizziness. 136. Patient records at Lyme indicate that on or about January 5, 1999, Respondent ordered Relafen, 500 mg., twice daily and physical therapy three times a week. 137. Lyme medical records on Patient M.L. were created to reflect follow up visits on February 18, 1999 and March 15, 1999. 138. The medical records created for Patient M.L. were all signed by the Respondent at the examining and treating physician. 139. Respondent did not physically examine, diagnose or treat Patient M.L. on January 5, 1999, February 18, 1999 and March 15, 1999. COUNT NINETEEN DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 140. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 134 - 139. 141. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient M.L. 142. Based ‘on the foregoing, Respondent violated Section 458.331(1)(k), - Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT TWENTY ~ FILING A FALSE REPORT 143. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 134 - 139. | 144. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient M.L. 145. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. 20 COUNT TWENTY ONE-— AIDING UNLICENSED PERSONNEL 146. Petitioner incorporates by reference the allegations in Paragraphs 1 - 21 and 134 - 139. 147. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient M.L. 148. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS PERTAINING TO PATIENT K.P. 149. On or about March 5, 1998, Patient K.P, a 28 year-old female, was involved in an automobile accident. 150. On or about March 5, 1998, the Hialeah Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient K.P. as a driver of one of the automobiles. 151. Lyme patient records indicate that Patient K.P. consented to examination and treatment from Respondent on or about March 9, 1998. 152. Lyme patient records reflect that on or about March 9, 1998, Patient K.P. presented to Respondent at Lyme complaining of left shoulder pain, restriction of range of motion of left wrist and left ankle, headaches, dizziness, and neck and lower back pain. 21 153. Patient records at Lyme indicate that on March 9, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of head trauma, shoulder sprain, wrist sprain, lower back sprain, left ankle sprain, headache and dizziness, and a plan of treatment for Patient K.P. 154. Patient records at Lyme indicate that on or about March 9, 1998, Respondent ordered Motrin, 600 mg., twice daily, physical therapy, three times per week, and a wrist brace. 155. Lyme medical records on Patient K.P. were created to reflect follow up visits on March 25, 1998, April 17, 1998, May 8, 1998 and June 8, 1998. 156. The medical records created for Patient K.P. were all signed by the Respondent as the examining and treating physician. 157. Respondent did not physically examine, diagnose or treat Patient K.P. on March 9, 1998, March 25, 1998, April 17, 1998, May 8, 1998 or June 8, 1998. COUNT TWENTY TWO DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 158. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 149 - 157. 159. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient K.P. 22 160. Based on the foregoing, Respondent violated Section 458,331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT TWENTY THREE — FILING A FALSE REPORT 161. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 149 — 157. 162. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient K.P. 163. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, ” intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT TWENTY FOUR~ AIDING UNLICENSED PERSONNEL 164. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 149 — 157. 165. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient K.P. 166. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. 23 FACTS RELATING TO PATIENT L.M. 167. Lyme patient records reflect that on or about March 6, 1998, Patient L.M., a 26-year old male, presented to Lyme complaining of head trauma, severe headache, neck and lower back pain, right ankle and knee contusion, dizziness and blurred vision. 168. Patient records at Lyme reflect that on or about March 6, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of head trauma, jumbar radiculitis, thoracic spine sprain, lower back pain, right knee contusion, right ankle pain, headache, dizziness and anxiety, and a plan of treatment of Patient L.M. 169. Patient records at Lyme indicate that on or about March 6, 1998, . Respondent ordered Motrin, 800 mg., three ‘times daily, and physical therapy three times a week. 170. Lyme medical records on Patient L.M. were created to reflect follow up visits on March 18, 1998, May 4, 1998, and June 6, 1998. * 171. The medical records for Patient L.M. were all signed by the Respondent as the examining and treating physician. 172. Respondent did not physically examine, diagnose or treat Patient L.M. on March 6, 1998, March 18, 1998, May 4, 1998, or June 6, 1998. 24 COUNT TWENTY FIVE DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 173. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 167 - 172. 174. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient L.M. 175. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT TWENTY SIX ~ FILING A FALSE REPORT 176. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 167 — 172. 177. Respondent filed a false report by signing hisname to medical documents reflecting that he had physically examined, diagnosed and treated Patient L.M. 178. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. 25 COUNT TWENTY SEVEN— AIDING UNLICENSED PERSONNEL 179. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 167-172. 180. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment pian for Patient LM. 181. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. | FACTS REGARDING PATIENT R.T. 182. Lyme patient records indicate that Patient R.T., a 21 year-old female, consented to examination and treatment from Respondent on or about August 12, 1998. 183. Lyme patient records reflect that on or about August 12, 1998, Patient R.T. presented to Respondent at Lyme complaining of headache, neck and back strain, left shoulder pain, and tingling sensation of upper extremities. 184. Patient records at Lyme indicate that on or about August 12, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of cervical pain and radiculitis, thoracic and lumbar sprain, left should sprain and headache, and a plan of treatment for Patient R.T. 26 185. Patient records at Lyme indicate that on or about August 12, 1998, Respondent ordered Motrin, 600 mg, twice daily, and physical therapy three times per week. 186. Lyme medical records on Patient R.T. were created to reflect follow up visits on September 4, 1998, October 7, 1998, and December 9, 1998. 187. The medical records created for Patient R.T. were all signed by the Respondent as the examining and treating physician. 188. Respondent did not physically examine, diagnose or treat Patient R.T. on August 9, 1998, September 4, 19998, October 7, 1998, or December 9, 1998. : COUNT TWENTY EIGHT DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 189. Petitioner incorporates by reference the allegations contained in Paragraphs 1 - 21 and 182 - 188. 190. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient R.T. 191. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT TWENTY NINE — FILING A FALSE REPORT 192. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 182 ~— 188. 27 193. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient R.T. 194. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT THIRTY— AIDING UNLICENSED PERSONNEL 195. Petitioner incorporates by reference the allegations in Paragraphs 1 ~ 21 and 182 - 188. 196. Respondent aided Julio Valle, an unlicensed person, to practice medicine _ by signing a false history/physical, diagnosis and treatment plan for Patient R.T. 197. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT D.G. 198. On or about May 10, 1997, Patient D.G., a 29 year-old male, was involved in an automobile accident. 199. On or about May 10, 1997, the Miami Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient D.G. as a driver of one of the automobiles. 28 200. Lyme patient records reflect that on or about May 13, 1997, Patient D.G. presented to Respondent at Lyme complaining of headache, dizziness, neck and lower back pain. 201. Patient records at Lyme indicate that on or about May 13, 1997, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of multiple traumas, cervical radiculitis, lower and shoulder pain, and a plan of treatment for Patient D.G. 202. Patient records at Lyme indicate that on or about May 13, 1997, Respondent ordered Naprosyn, 500 mg, twice daily, Fiexeril, 10 mg., twice daily and physical therapy three times per week. 203. Lyme medical records on Patient “D.G. were created to reflect follow up visits on June 3, 1997, July 8, 1997, August 5, 1997, and September 2, 1997. 204. The medical records created for Patient D.G. were all signed by the Respondent as the examining and treating physician. > 205. Respondent did not physically examine, diagnose or treat Patient D.G. on May 13, 1997, June 3, 1997, July 8, 1997, August 5, 1997, or September 2, 1997. COUNT THIRTY ONE DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 206. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 198 - 205. 29 207. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient D.G. 208. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT THIRTY TWO — FILING A FALSE REPORT 209. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 198 — 205. 210. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient D.G. 211. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record PEquired by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT THIRTY THREE— AIDING UNLICENSED PERSONNEL 212. Petitioner incorporates by reference the allegations in Paragraphs 1 ~ 21 and 198 — 205. 213. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient D.G. 214. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to 30 practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT E.L. 215. On or about December 20, 1998, Patient E.L., a 30 year-old male, was involved in an automobile accident. 216. On or about December 20, 1998, the Hialeah Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient E.L. as a driver of one of the automobiles, 217. Lyme patient records indicate that Patient E.L. consented to examination and treatment from Respondent on or about January 5, 1999. 218. Lyme patient records reflect that on or about January 5, 1999, Patient E.L. presented to Respondent at Lyme complaining of neck and back pain, headache, left shoulder pain, and numbness of left leg and left hand. 219. Patient records at Lyme indicate that on ‘r about January 5, 1999, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of upper back and cervical pain, numbness of lower extremities, left shoulder pain, lumbar spine sprain and headache, and a plan of treatment for Patient E.L. 220. Patient records at Lyme indicate that on or about January 5, 1999, Respondent ordered Relafen, 500 mg, twice daily, and physical therapy three times per week. 31 221. Lyme medical records on Patient E.L. were created to reflect follow up visits on January 25, 1999, February 18, 1999, March 17, 1999, and April 14, 1999. 222. The medical records created for Patient E.L. were all signed by the Respondent as the examining and treating physician. 223. Respondent did not physically examine, diagnose or treat Patient E.L. on January 5, 1999, January 25, 1999, February 18, 1999, March 17, 1999, or April 14, 1999. COUNT THIRTY FOUR DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 224, Petitioner incorporates by reference the allegations contained in _ Paragraphs 1 = 21 and 215 ~ 223. 225. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient E.L. | 226. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT THIRTY FIVE — FILING A FALSE REPORT 227. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 215 - 223. 228. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient E.L. 32 229. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT THIRTY SIX— AIDING UNLICENSED PERSONNEL 230. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 215 — 223. 231. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient E.L. 232. Based on the foregoing, Respondent violated Section 458.331(1)(f), ” Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS REGARDING PATIENT E.T. 233. On or about May 31, 1998, Patient E.T., a 34 year-old female, was involved in an automobile accident. 234. On or about May 31, 1998, the Hialeah Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient £.T. as a passenger of one of the automobiles. 235. Lyme patient records indicate that Patient £.T. consented to examination and treatment from Respondent on or about April 2, 1998. 33 236. Lyme patient records reflect that on or about April 2, 1998, Patient E.T. presented to Respondent at Lyme complaining of neck, mid and lower back pain, headache, right shoulder elbow and wrist pain. 237. Patient records at Lyme indicate that on or about April 2, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnoses of dorsal spine sprain, right shoulder and wrist sprain, headache, lower back pain, right elbow pain, and a plan of treatment for Patient E.T. 238. Patient records at Lyme indicate that on or about April 2, 1998, Respondent ordered Motrin, 600 mg., three times daily, Flexeril, 10 mg., three times daily, and physical therapy three times per week. 239. Lyme medical records on Patient’E.T. were créated to reflect follow up visits on April 15, 1998, May 8, 1998, June 3, 1998 and July 3, 1998. 240. The medical records created for Patient E.T. were all signed by the Respondent as the examining physician. id 241. Respondent did not physically examine, diagnose or treat Patient E.T. on April 2, 1998, April 15, 1998, May 8, 1998, June 3, 1998 or July 3, 1998. COUNT THIRTY SEVEN DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 242. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 233 - 241. 34 243. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient E.T. 244. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT THIRTY EIGHT — FILING A FALSE REPORT 245. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 233 - 241. 246. Respondent filed a false report by signing his name to medical documents ” reflecting that he had physically examined, diagnosed and treated Patient E.T. 247. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record*tequired by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT THIRTY NINE— AIDING UNLICENSED PERSONNEL 248. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 233 - 241. 249. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient E.T. 250. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to 35 practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT O.R. 251. On or about August 9, 1998, Patient O.R., a 54 year-old male, was involved in an automobile accident. 252. On or about August 9, 1998, the Hialeah Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient O.R. as a driver of one of the vehicles. 253. Lyme patient records reflect that on or about August 12, 1998, Patient O.R. presented to Respondent at Lyme complaining of neck, back, left shoulder and arm _ pain, and limited range of motion. 254. Patient records at Lyme indicate that on August 12, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of thoracic spine sprain, cervical sprain, numbness of upper extremities, lower back pain, left should and arm pain, headache and dizziness, and a plan of treatment for Patient O.R. 255. Patient records at Lyme indicate that on or about August 12, 1998, Respondent ordered Motrin, 800 mg., three times daily and physical therapy three times per week. 256. Lyme medical records on Patient O.R. were created to reflect follow up visits on August 31, 1998, September 30, 1998, October 28, 1998, and November 20, 1998, 36 257. Lyme patient records indicate that Patient O.R. consented to examination and treatment from Respondent on or about November 24, 1998. 258. On or about December 10, 1998, Patient O.R. was involved in an automobile accident. .259. On or about December 10, 1998, the Hialeah Police Department filed a Florida Uniform Traffic Citation to Patient O.R. for violation of right-of-way. 260. Lyme patient records reflect that on or about January 20, 1999, Patient O.R. presented to Respondent at Lyme complaining of cervical pain, back pain and numbness of lower extremities. 261. Patient records at Lyme indicate that on January 20, 1999, Respondent _ performed a physical and neurological examination, ordered diagnostic studies, and arrived at a diagnosis of thoracic and cervical spine pain, numbness of lower extremities, lower back pain, headache and dizziness. 262. Patient records at Lyme indicate that on or about January 20, 1999, Respondent ordered Relafen, 500 mg., twice daily and physical therapy three times per week. 263. Lyme medical records on Patient O.R. were created to reflect follow up visits on February 3, 1999, March 1, 1999, April 2, 1999, and April 23, 1999. 264. The medical records created for Patient O.R. were all signed by the Respondent as the examining and treating physician. 265. Respondent did not physically examine, diagnose or treat Patient O.R. on 37 August 12, 1998, August 31, 1998, September 30, 1998, November 20, 1998, January 20, 1999, February 3, 1999, March 1, 1999, April 2, 1999, or April 23, 1999. COUNT FORTY DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 266. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 251 - 265. 267. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by:signing his name to medical documents reflecting that he had physically.examined, diagnosed and treated Patient O.R. 268. Based on the foregoing, Respondent violated Section 458.331(1)(k), _ Florida Statutes, by making deceptive, untrue oF fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT FORTY ONE — FILING A FALSE REPORT 269. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 251 - 265. 270. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient O.R. 271. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. 38 COUNT FORTY TWO-— AIDING UNLICENSED PERSONNEL 272. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 251 — 265. 273. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient O.R. 274. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. | FACTS RELATING TO PATIENT L.S. 275, On or about November 20, 1998, Patient L.S., a 19 year-old male, was involved in an automobile accident. 276. On or about November 20, 1998, the Hialeah Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient L.S. as a driver of one of the automobiles. 277. Lyme patient records reflect that on or about December 28, 1998, Patient L.S. presented to Respondent at Lyme complaining of neck and back pain, left shoulder and elbow pain, headache, and a tingling sensation of the upper extremities. 278. Patient records at Lyme indicate that on December 28, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, and arrived at a diagnosis of thoracic spine pain, numbness of upper extremities, lower back pain, left elbow pain, headache, dizziness, and left shoulder sprain. 39 279. Patient records at Lyme indicate that on or about December 28, 1998, Respondent ordered Motrin, 600 mg, three times daily, Norflex, 100 mg., twice daily and physical therapy three times per week. 280. Lyme medical records on Patient L.S. were created to reflect follow up visits on January 13, 1999, February 5, 1999, and February 26, 1999. 281. The medical records created for Patient L.S. were all signed by the Respondent as the examining and treating physician. 282. Respondent did not physically examine, diagnose or treat Patient L.S. on December 28, 1998, January 13, 1999, February 5, 1999, or February 26, 1999. | COUNT FORTY THREE DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 283. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 275 — 282. 284. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient L.S. 285. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT FORTY FOUR — FILING A FALSE REPORT 286. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 275 — 282. 40 287. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient L.S. 288. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT FORTY FIVE — AIDING UNLICENSED PERSONNEL 289. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 275 — 282. 290. Respondent aided Julio Valle, an unlicensed person, to practice medicine ~ by signing a false history/physical, diagnosis and treatment plan for Patient L.S. 291. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT A.M. 292. Lyme patient records indicate that Patient A.M., a 23 year-old female, consented to examination and treatment from Respondent on an unknown date. 293. Lyme patient records indicate that on or about November 25, 1998, Patient A.M. presented to Respondent at Lyme complaining of neck and upper back pain, headache, right shoulder, wrist and elbow pain. 41 294. Patient records at Lyme indicate that on or about November 25, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of right elbow trauma, upper and lower back pain, right shoulder pain/contusion and headache, and a plan of treatment for Patient A.M. 295. Patient records at Lyme indicate that on or about November 25, 1998, Respondent ordered Motrin, 600 mg., twice daily, and physical therapy three times per week. 296. Lyme medical records on Patient A.M. were created to reflect follow up visits on December 16, 1998, January 8, 1999, February 8, 1999, and March 1, 1999, 297. The medical records created for Patient A.M. were all signed by the ~ Respondent as the examining and treating physician. . 298. Respondent did not physically examine diagnose or treat Patient A.M. on November 25, 1998, December 16, 1998, January 8, 1999, February 8, 1999, or March 1, 1999. id COUNT FORTY SIX DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 299. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 292 — 298. 300. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient A.M. 42 301. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT FORTY SEVEN — FILING A FALSE REPORT 302. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 292 — 298. 303. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient A.M. 304. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, ~ intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT FORTY EIGHT — AIDING UNLICENSED PERSONNEL 305. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 292 — 298. 306. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient A.M. 307. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. 43 FACTS RELATING TO PATIENT H.N. 308. Onor about March 5, 1998, Patient H.N., a 53 year-old male, was involved in an automobile accident. 309. On or about March 5, 1998, the Hialeah Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient H.N. as a passenger of one of the automobiles. 310. Lyme patient records indicate that Patient H.N. consented to examination and treatment from Respondent on or about March 6, 1998. 311. Lyme patient records reflect that on or about March 6, 1998, Patient H.N. presented to Respondent at Lyme complaining of headache, right shoulder pain, neck - pain, and upper and lower back pain. . 312. Lyme patient records reflect that on or about March 6, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of shoulder sprain, neck, lower back and thdtacic spine pain, tingling and numbness of upper extremities, headache, dizziness, myofascitis of both trapeziums and head trauma, and a plan of treatment for Patient H.N. 313. Lyme medical records on Patient H.N. were created to reflect follow up visits on March 20, 1998, April 10, 1998, May 6, 1998, and June 5, 1998. 314. The medical records created for Patient H.N. were all signed by the Respondent as the examining and treating physician. 315. Respondent did not physically examine, diagnose or treat Patient H.N. on March 6, 1998, March 20, 1998, April 10, 1998, May 6, 1998, or June 5, 1998. COUNT FORTY NINE DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 316. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 308 — 315. 317. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient H.N. 318. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. “COUNT FIFTY — FILING A FALSE REPORT 319. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 308 — 315. 320. Respondent filed a false report by signing hié name to medical documents reflecting that he had physically examined, diagnosed and treated Patient H.N. 321. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT FIFTY ONE — AIDING UNLICENSED PERSONNEL 322. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 308 — 315. 45 323. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient H.N. 324, Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS REGARDING PATIENT E.M. 325. On or about August 9, 1998, Patient E.M., a 50-year old male, was involved in an automobile accident. 326. Onor about August 9, 1998, the Hialeah Police Department filed a Florida _ Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient E.M. as a driver of one of the automobiles. 327. Lyme patient records reflect that on or about August 12, 1998, Patient E.M. presented to Respondent at Lyme complaining of Headache, dizziness, left knee and ankle strain, neck and lower back pain. 328. Patient records at Lyme indicate that on August 12, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of left knee swelling/contusion, cervical pain and muscle spasm, lower back pain, left ankle sprain, headache and dizziness, and a plan of treatment for Patient E.M. 46 329. Patient records at Lyme indicate that on or about August 12, 1998, Respondent order Motrin, 800 mg., twice daily, Tylenol P.M., one tab at bedtime, and physical therapy three times per week. 330. Lyme medical records on Patient E.M. were created to reflect follow up visits on September 4, 1998, October 2, 1998, October 30, 1998, and December 9, 1998. 331. Lyme patient records indicate that Patient E.M. consented to examination and treatment from Respondent on or about November 17, 1998. 332. The medical records created for Patient E.M. were all signed by the Respondent as the examining and treating physician. 333. Respondent did not physically examine, diagnose or treat Patient E.M. on August 12, 1998, September 4, 1998, October 2, 1998, October 30, 1998, or December 9, 1998. COUNT FIFTY TWO" DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 334. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 325 — 333. 335. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient E.M. 47 336. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT FIFTY THREE — FILING A FALSE REPORT 337. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 325 — 333. 338. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient E.M. 339, Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT FIFTY FOUR — AIDING UNLICENSED PERSONNEL 340. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 325 — 333. 341. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient E.M. 342. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. 48 FACTS RELATING TO PATIENT A.M. 343. Lyme patient records indicate that Patient A.M. a 23 year-old male, consented to examination and treatment from Respondent on or about August 10, 1998. 344. Lyme patient records reflect that on or about August 12, 1998, Patient A.M. presented to Respondent at Lyme complaining of neck and back pain, headache and right elbow pain. 345. Patient records at Lyme indicate that on or about August 12, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of thoracic spine pain, right elbow trauma and pain, ~ lower back pain, headache, and dizziness. | . 346. Patient records at Lyme indicate that on or about August 12, 1998, Respondent ordered Motrin, 600 mg., twice daily and physical therapy three times per week. » 347. Lyme medical records on Patient A.M. were created to reflect follow up visits on August 31, 1998, October 5, 1998, and November 4, 1998. 348. The medical records created for Patient A.M. were all signed by the Respondent as the examining and treating physician. 349. Respondent did not physically examine, diagnose or treat Patient A.M. on August 12, 1998, August 31, 1998, October 5, 1998, or November 4, 1998. 49 COUNT FIFTY FIVE DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 350. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 343 — 349. 351. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient A.M. 352. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT FIFTY SIX — FILING A FALSE REPORT 353. Petitioner incorporates by reference the allegations in Paragraphs 1 —- 21 and 343 — 349. 354, Respondent filed a false report by signing his*name to medical documents reflecting that he had physically examined, diagnosed and treated Patient A.M. 355. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT FIFTY SEVEN — AIDING UNLICENSED PERSONNEL 356. Petitioner incorporates by reference the allegations in Paragraphs 1 - 21 and 343 — 349. 50 357. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient A.M. 358. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT N.R. 359. On or about March 5, 1998, Patient N.R., .a 37 year-old female, was involved in an automobile accident. 360. Onor about March 5, 1998, the Hialeah Police Department filed a Florida ’ Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient N.R. as a driver of one of the automobiles. 361. Lyme patient records indicate that Patient N.R. consented to examination and treatment from Respondent on or about March 9, 1998. 362. Lyme patient records reflect that on or about March 9, 1998, Patient N.R. presented to Respondent at Lyme complaining of neck, mid and lower back pain, headache, right shoulder and wrist pain/contusion. 363. Patient records at Lyme indicate that on or about March 9, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of dorsal spine sprain, right wrist sprain, tingling sensation of upper extremities, headache, and lower back pain, and a plan of treatment for Patient N.R. 51 364. Patient records at Lyme indicate that on or about March 9, 1998, Respondent ordered Motrin, 600 mg., three times daiily, Flexeril, 10 mg., 3 times daily, and physical therapy three times per week. 365. Lyme medical records on Patient N.R. were created to reflect follow up visits on March 23, 1998, May 8, 1998, and June 8, 1998. 366. On or about November 20, 1998, Patient N.R. was involved in another automobile accident. 367. On or about November 20, 1998, the Hialeah Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient N.R. asa driver of one of the automobiles. 368. Lyme patient records indicate Patient NR. consented to examination and treatment from Respondent at an unknown date. 369. Patient records at Lyme indicate that on or about November 23, 1998, Patient N.R. presented to Respondent at Lyme complaining of neck and lower back pain, left shoulder arm, elbow and wrist pain. 370. Patient records at Lyme indicate that on November 23, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of cervical pain and muscle spasm, lower back pain, thoracic spine sprain, left elbow, shoulder pain/contusion, headache, dizziness, and left wrist sprain, and a plan of treatment for Patient N.R. 52 371. Patient records at Lyme indicate that on or about November 23, 1998, Respondent ordered Relafen, 500 mg., twice daily, and physical therapy three times per week. 372. Lyme medical records on Patient N.R. were created to reflect follow up visits on December 16, 1998, January 11, 1999, and February 24, 1999. 373. The medical records created for Patient N.R. were all signed by the Respondent as the examining and treating physician. 374. Respondent did not physically examine, diagnose or treat Patient N.R. on March 9, 1998, March 23, 1998, May 8, 1998, June 8, 1998, November 23, 1998, December 16, 1998, January 11, 1999, or February 24, 1999. COUNT SIXTY DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 375. Petitioner incorporates by reference the allegations contained in Paragraphs 1 - 21 and 359 - 374. * 376. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient N.R. 377. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. 33 COUNT SIXTY ONE — FILING A FALSE REPORT 378. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 359 — 374. 379. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient N.R. 380. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT SIXTY TWO — AIDING UNLICENSED PERSONNEL 381. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 359 - 374. 382. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment’plan for Patient N.R. 383. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT L.M. 384. Lyme patient records indicate that Patient L.M., a 21 year-old female, consented to examination and treatment from Respondent at an unknown date. 54 385. Lyme patient records reflect that on or about August 11, 1998, Patient L.M. presented to Respondent at Lyme complaining of neck, back, and left shoulder pain, headache and dizziness. 386. Patient records at Lyme indicate that on August 11, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of cervical and dorsal pain, lower back and shoulder pain, headache and dizziness, and a plan of treatment for Patient L.M. 387. Patient records at Lyme indicate that on or about August 11, 1998, Respondent ordered Motrin, 600 mg., three times daily, and physical therapy three times per week. 388. Lyme medical records on Patient L.M. were created to reflect follow up visits on August 26, 1998, September 28, 1998, October 23, 1998, and November 18, 1998. 389. Respondent did not physically examine, diagmose or treat Patient L.M. on August 11, 1998, August 26, 1998, September 28, 1998, October 23, 1998, or November 18, 1998, COUNT SIXTY THREE DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 390. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 384 — 389. 55 391. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient L.M. 392. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT SIXTY FOUR — FILING A FALSE REPORT 393. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 384 — 389. 394, Respondent filed a false report by signing his name to medical documents _ reflecting that he had physically examined, diagnosed and treated Patient L.M. 395. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT SIXTY FIVE — AIDING UNLICENSED PERSONNEL 396. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 384 — 389. 397. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient L.M. 398. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to 56 practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT P.R. 399. On or about March 31, 1998, Patient P.R., a 32 year-old male, was involved in an automobile accident. 400. On or about March 31, 1998, the Hialeah Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient P.R. as a driver of one of the automobiles. 401. Lyme patient records indicate that Patient P.R. consented to examination and treatment from Respondent on or about April 2, 1998. 402. Lyme patient records reflect that on or about April 2, 1998, Patient PR. presented to Respondent at Lyme complaining of cervical pain, back pain, left shoulder and knee pain, and headache. 403. Patient records at Lyme indicate that on+April 2, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of left shoulder sprain, cervical radiculitis, dorsal and lumbar spine sprain and headache, and a plan of treatment for Patient P.R. 404. Patient records at Lyme indicate that on April 2, 1998, Respondent ordered Naprosyn, 500 mg., twice daily, Flexeril, 10 mg., three times daily, cervical collar, and physical therapy three times per week. 405. Lyme medical records on Patient PR. were created to reflect follow up visits on April 15, 1998, May 8, 1998, and June 30, 1998. 57 406. The medical records created for Patient P.R. were all signed by the Respondent as the examining and treating physician. 407. Respondent did not physically examine, diagnose or treat Patient P.R. on April 2, 1998, April 15, 1998, May 8, 1998, or June 30, 1998. COUNT SIXTY SIX DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 408. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 399 — 407, 409. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting ~ that he had physically examined, diagnosed and treated Patient P.R. 410. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme im the practice of medicine. COUNT SIXTY SEVEN — FILING A FALSE REPORT 411. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 399 — 407. 412. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient P.R. 413. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently falling to file a report or record required by state or federal 58 law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT SIXTY EIGHT — AIDING UNLICENSED PERSONNEL 414. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 399 - 407. 415. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient PR. 416. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT J.P. 417. Lyme patient records indicate that Patient J.P, a 31 year-old male, consented to examination and treatment from Respondent on an unknown date. 418. Lyme patient records reflect that on or about” November 25, 1998, Patient J.P. presented to Respondent at Lyme complaining of neck, back, and left wrist pain, headache and dizziness. 419. Patient records at Lyme indicate that on November 25, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of left wrist and hand pain, lower back pain, right shoulder pain, headache and dizziness, and a plan of treatment for Patient J.P. 59 420, Patient records at Lyme indicate that on or about November 25, 1998, Respondent ordered Motrin, 600 mg., three times daily, Norflex, 100 mg., twice daily, and physical therapy three times per week. 421. Lyme medical records on Patient J.P. were created to reflect follow up visits on December 15, 1998, January 12, 1999, February 8, 1999, and March 1, 1999. 422. The medical records created for Patient J.P. were all signed by the Respondent as the examining and treating physician. 423. Respondent did not physically examine, diagnose or treat Patient J.P. on November 25, 1998, December 15, 1998, January 12, 1999, February 8, 1999, or March 1, 1999. : COUNT SIXTY NINE DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 424. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 417 — 423. » 425. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient J.P. 426. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT SEVENTY — FILING A FALSE REPORT 427. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 417 — 423. 428. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient J.P. 429. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT SEVENTY ONE — AIDING UNLICENSED PERSONNEL 430. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 417 ~ 423. 431. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment’plan for Patient J.P. 432. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. FACTS RELATING TO PATIENT N.M.2 433. On or about March 31, 1998, Patient N.M.2, a 51 year-old female, was involved in an automobile accident. 61 434. On or about March 31, 1998, the Hialeah Police Department filed a Florida Traffic Crash Report with the Department of Highway Safety & Motor Vehicles listing Patient N.M.2 as a driver of one of the automobiles. 435. Lyme patient records indicate that on or about April 3, 1998, Patient N.M.2 presented to Respondent at Lyme complaining of neck and back pain, headache, dizziness, right elbow and knee pain. 436. Patient records at Lyme indicate that on or about April 3, 1998, Respondent performed a physical and neurological examination, ordered diagnostic studies, arrived at a diagnosis of lower back pain, thoracic spine sprain, right elbow and knee pain, headache and dizziness, and a plan of treatment for Patient N.M.2 437. Patient records at Lyme indicate that on or about April 3, 1998, Respondent ordered Motrin, 600 mg., three times daily, Flexeril, 10 mg., twice daily, and physical therapy three times per week. 438. Lyme medical records on Patient N.M.2 were*treated to reflect follow up visits on April 17, 1998, May 8, 1998, June 8, 1998, and July 10, 1998. 439. The medical records created for Patient N.M.2 were all signed by the Respondent as the examining and treating physician. 440. Respondent did not physically examine, diagnose or treat Patient N.M.2 on April 3, 1998, April 17, 1998, May 8, 1998, June 8, 1998, or July 10, 1998. 62 COUNT SEVENTY TWO DECEPTIVE, UNTRUE OR FRAUDULENT REPRESENTATIONS 441. Petitioner incorporates by reference the allegations contained in Paragraphs 1 — 21 and 433 — 440. 442. Respondent made deceptive, untrue or fraudulent representations in or related to the practice of medicine by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient N.M.2. . 443. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of medicine or employing a trick of scheme in the practice of medicine. COUNT SEVENTY THREE — FILING A FALSE REPORT 444. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 433 — 440. 445. Respondent filed a false report by signing his name to medical documents reflecting that he had physically examined, diagnosed and treated Patient N.M.2 446. Based on the foregoing, Respondent violated Section 458.331(1)(h), Florida Statutes, by making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. COUNT SEVENTY FOUR — AIDING UNLICENSED PERSONNEL 447. Petitioner incorporates by reference the allegations in Paragraphs 1 — 21 and 433 - 440. 63 448. Respondent aided Julio Valle, an unlicensed person, to practice medicine by signing a false history/physical, diagnosis and treatment plan for Patient N.M.2 449. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to Chapter 458, Florida Statutes, or to a rule of the department or the board. COSTS 450. Petitioner has incurred costs related to the investigation and prosecution of this matter. 451. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess ” costs related. to the investigation and prosecution of a disciplinary matter on a respondent in addition to any other discipline imposed. WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties, in addition to the assessment of the costs related to the investigation and prosecution of this case as provided for in Section 456.072(4), Florida Statutes (2001): (A) Revocation of Respondent’s license; (B) Suspension of Respondent's license for an appropriate period of time; (C) Restriction of Respondent's practice; (D) Imposition of an administrative fine; (E) Issuance of a reprimand; (F) Placement of Respondent on probation; (G) Administrative costs, and/or any other relief that the Board deems appropriate. SIGNED this 307% __ day of December , 2002 John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health -| . D DOH Prosecution Services Unit FILE eNTH 4052 Bald Cypress Way, Bin C-65 epARTNENT Ofek Tallahassee, FL 32399-3265 DEF DEPUTY Ke ‘Florida Bar # 440817 cuerK fab: Re 2,0] 2% ~ (850) 414-8126 OMTE Zz (850) 414-1989 FAX RCB:cbs Reviewed and approved by: initials) /27 date pproved by: _D KA initials) 27a. (date) PCP: December 22, dood PCP Members: F /-B%An', Mavis, Beebe. DOH. Vs. Omar J. Brito-Marin, M.D., Case No. 2000-12201 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. 65

Docket for Case No: 03-000569PL