STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2002-08026 RICHARD CARINO, M.D., RESPONDENT. ee | ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, RICHARD CARINO, M.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of Medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent .was a licensed ‘physician within the state of Florida having been issued ljcense number 72562. 3. Respondent's address of record is 422 S. Florida Avenue, Suite D, Lakeland, Florida 33801. 4. Respondent is board certified in family practice. 5. Respondent testified in the Tenth Judicial Circuit, Polk County, in the case of State of Florida vs. Babu Mangilipudi (hereinafter “the trial”) on December 14, 2001. 1 6. During the trial, Respondent testified that he was board certified by the American Academy of Pain Management, board eligible by the American Board of Pain Management and board eligible by the American Board of Independent Medical Examiners. 7, The Florida Board of Medicine does not recognize the American Academy of Pain Management as a specialty Board for which a licensed physician may hold himself or herself out as being Board certified. (See Section 458.3312, Florida Statutes) 8. The Florida Board of Medicine does not recognize the American Board of Pain Management as a specialty Board for which a licensed physician may hold himself or herself out as being Board certified. 9. The Florida Board of Mediciné does not recognize the American Board of Independent Medical Examiners as a specialty Board for which a licensed physician may hold himself or herself out as being Board certified. 10. Section 458.3312, Florida Statutes, provides that a physician licensed under this chapter may not hold himself or herself out as a board-certified specialist unless the physician has received formal recognition as a specialist from a specialty board of the American Board of Medical Specialties or other recognizing agency approved by the board. ° - 14, Respondent is not certified/eligible by the American Board of Pain Medicine (ABPM) Diplomate, because there is no American Board of Pain Management. 42. During the trial, Respondent testified that Tylenol is a dangerous pain reliever to use in the event of a head injury. 13. It is commonly accepted medical practice that Tylenol is used by neurosurgeons for head injured patients. 13. During the trial, Respondent testified that he did not believe opiates are addictive. He further testified that : “and it is the consensus of pain management experts, the American Board and the American Academy that opioids and opiates and narcotics are not addictive.” 14. According to Section 893.03 (2), Florida Statutes, opium and any salt, compound, derivative or preparation of opium, except nalmefene or isoquinoline alkaloids of opium are schedule IT substances that have a high potential for abuse and has a currently accepted but severely restricted medical use in the U.S., and abuse of the substance may lead to severe psychological or physical dependence. 15. During the trial, Respondent testified that Insulin was an addictive drug and blood pressure medicine was an addictive drug. 16. Insulin is a legend drug, according to federal and state statutes, but it has no addictive qualities. Insulin is a hormone that is normally produced by the pancreas, however diabetes occurs when the pancreas does not make enough insulin to meet your body's: needs. In order to contro! diabetes, physicians prescribed insulin to keep the blood glucose at a nearly normal level. ° 17. Respondent's testimony during the trial was not accurate or appropriate in terms of the responses provided. 18. Section 458.331(1)(k), Florida Statutes (2001), provides that a physician’s license may be disciplined by the Board of Medicine based upon a physician making a deceptive, untrue, or fraudulent representations in or related to the practice of medicine or employing a trick or scheme in the practice of medicine. 20. Respondent has made deceptive, untrue or fraudulent representations in or related to the practice of medicine in one or more of the following ways: a. claiming to be board certified in specialties that the Florida Board of Medicine does not recognize as specialty boards; b. claiming to be board eligible in specialties that the Florida Board of Medicine does not recognize as specialty boards; c. stating that Tylenol is a highly dangerous pain reliever that should not be used in the event of a head injury. d. stating that opioids, opiates and narcotics are not addictive. 21. Based on the foregoing, Respondent has 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. WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction. of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this ee day of pase , 2003. John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health l a A. Quimby-Pennock Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0394572 (850) 414.8126 (850) 488.1991 FAX /LAQP | | Reviewed and approved by: (initials) 3(date) PCP: june 20, 2003 PCP Members: ’F1-Bahri, Long, McMillin Richard Carino, M.D., Case # 02-08026 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 represéntative, 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. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to 5 the investigation and pr osecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed.

Docket for Case No: 04-001166PL