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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs MICHAEL SPUZA, M.D., 05-002305PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-002305PL Visitors: 7
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: MICHAEL SPUZA, M.D.
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Health
Locations: Clearwater, Florida
Filed: Jun. 24, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 20, 2007.

Latest Update: Jan. 03, 2025
Jun 24 2005 14:56 JUN-24-2085 14:59 * O58 4i4 1999 PS ¥ ARCA“LEGAL MEDICAL STATE OF FLORIDA . of DEPARTMENT OF FIEALTH : DEPARTMENT OF HEALTH, ) ) _ PETITIONER, } ) v. ) CASE NO. 1999-58653 ) MICHAEL SPUZA, M.D., 5 ) RESPONDENT. ) — ADMINISTRATIVE COMPLAINT. ) COMES NOW the Patitioner, Deparlment of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Michael Spuza, M.D., hereinafter referred to as “Raspondent,” and alleges: }. Effective July 1, 1997, Petitioner is the slate agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Stalutes, and Chapter 458, Florida Statutes. Pursuant to the provisions of Section 20.43(3), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, Investigative, and prosecutorial services required by the Division of Medical Quality Assurance, coundls, or boards, as appropriate. 2 Respondent is and has been at all times material herelo a licensed ” ‘physician in the state of Florida, having been issued license number ME 0060429. Jun 24 2005 14:57 JUN-24-2885 14958 AHCA/LEGAL MEDICAL 856 414 1989 P.a4 Respondent's last known address Is P.O. “Box 22159, 431 S.W, Boulevard North, St. Petersburg, Florida 33742. 3. Respondent is not board certified. 1. On or aboul March 2001, Respondent was indlcted in a criminal case in the United States District Court, Middle District of Florida, Case number 8:99-cr-226- T-26A, for the offense of Receiving Remuneration in Return for Medicare — Referrals, a violation of 42 U.S.C5 1320a-7b(b)(1) and for the offense of Conspiracy to Defraud the United States, a violation of 18 U.S.C, §371. Ln On or about August 11, 2000, Respondent was found guilty of five counts of Receiving Remuneration In Return for Medicare Referrals and one count of Conspiracy to Defraud the United States. 6. Respondent was sentenced: (a) to be imprisoned with the U.S, Burcau of Prisons for a term of etghteen months; and, (b) to pay— i restitution of fifty-five thousand three hundred and seventy- oné dollars and thirty-six cents ($55,371.36); and, Tl. six hundred dollars ($600.00) as assessed costs. 7. After Respondent is released from imprisonment, he will be placed on supervised release for a term of two years, during which time he will be required to pay the fine and restitution adjudged. Jun 24 2005 14:57 JUN-24-288 14:58 AHCA/LEGAL MEDICAL 856 414 1989 P85 B. Respondent was convicted of a crime that directly relates to the practice of medicine or to the ability to practice medicine, In Wiolation of § 458.331(1)(c), Florida Statutes (2000). WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of the Respondent's license, restriction of the Respondent's Practice, imposition of an administrative fine, issuance of a reprimand, placement of the _Respondent an probation, the assessment of costs related to the investigation and prosecution of this case as provided for in Section 456,0/2(4), Florida Statutes, and/or any other relief that the Board deems appropriate. signev tis 2 Eleay of LyAbontyrs 2003, John 0, Agwunobi, M.D., M.B.A. Secretary Nancy oy Chief Attorney, Practitioner Regulation COUNSEL FOR DEPARTMENT: Ephraim DP. Livingstan Fi LED Senior Attorney DEPARTMENT OF HEALTH Agency for Health Care Administration DEP K PO, Box 14229: CLERK : Tallahassee, Florida 32317-4229 - paTe_SEP 2 6 200i Florida Bar # 0121347 EDL/SW PCP: September 14, 2001 PCP Members: Ashkar, Kent, Rodriguez

Docket for Case No: 05-002305PL
Issue Date Proceedings
Aug. 08, 2008 Motion to Reopen Case filed. (DOAH CASE NO. 08-3890PL ESTABLISHED)
Aug. 20, 2007 Order Closing File. CASE CLOSED.
Jan. 04, 2007 Order Continuing Case in Abeyance (parties to advise status by June 29, 2007).
Dec. 28, 2006 Status Report and Request for Continued Abeyance filed.
Jun. 30, 2006 Order Continuing Case in Abeyance (parties to advise status by December 29, 2006).
Jun. 30, 2006 Status Report and Request for Continued Abeyance filed.
Dec. 28, 2005 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by June 30, 2006).
Dec. 28, 2005 Petitioner`s Pre-hearing Statement filed.
Dec. 27, 2005 Respondent`s Separate Pre-hearing Statement filed.
Dec. 22, 2005 Petitioner`s Response to Respondent`s Motion for Continuance filed.
Dec. 19, 2005 Motion for Continuance filed with Exhibits for the Hearing.
Nov. 10, 2005 Notice of Appearance (filed by J. Gallagher).
Oct. 19, 2005 Order of Pre-hearing Instructions.
Oct. 19, 2005 Notice of Hearing (hearing set for January 4, 2006; 9:00 a.m.; Clearwater, FL).
Oct. 12, 2005 Status Report filed.
Oct. 07, 2005 Undeliverable envelope returned from the Post Office.
Sep. 26, 2005 Order Granting Continuance (parties to advise status by October 12, 2005).
Sep. 26, 2005 Order Granting Motion to Withdraw as Counsel.
Sep. 22, 2005 Motion to Withdraw as Counsel and Motion for Continuance filed.
Aug. 11, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for September 30, 2005; 9:00 a.m.; Clearwater, FL).
Aug. 03, 2005 Motion for Continuance filed.
Jul. 27, 2005 Respondent`s Response to Petitioner`s First Request for Admissions filed.
Jul. 12, 2005 Order of Pre-hearing Instructions.
Jul. 12, 2005 Notice of Hearing (hearing set for August 25, 2005; 9:00 a.m.; Clearwater, FL).
Jul. 01, 2005 Joint Response to Initial Order filed.
Jun. 28, 2005 Notice of Filing Petitioner`s Requests for Interrogatories, Admissions and Production filed.
Jun. 27, 2005 Initial Order.
Jun. 24, 2005 Election of Rights filed.
Jun. 24, 2005 Administrative Complaint filed.
Jun. 24, 2005 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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