Aug 31 2005 15:32 AUIG-31-2885 15:41 AHCA/LEGAL MEDICAL 856 414 1989 P.@3 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2004-29818 GEORGE G. NEUNER, II, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Fetitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Gcorge G. Neuner, II, 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. >. _ At all times material to this Complaint, the Respondent was a licensed physician within the State of Florida, having been issued license number ME 78824. Aug 31 2005 15:32 AUIG-31-2085 15:32 AHCA/LEGAL MEDICAL 856 414 1989 P.a4 3. Respondent’s address of record is 4285 Diamond Drive, Weston, Florida 33331. 4, On or about June 4, 2004, the Respondent was arrested by the Broward County Sheriff's Department (hereinafter reterred to as BCSD) for felony aggravated assault with a deadly weapon and for carrying a concealed! weapon. 5. Leading up to his arrest on or about June 4, 2004, the case Is reported as follows: The Respondent was driving his automobile and pulled up next to a lawn maintenance truck. According to reports, the Respondent began yelling out his car window at the driver of the lawn truck, demanding thal he get out of the car, using many expletives. 6. The Respondent proceeded at that point to stop his vehicie and get out, brandishing a large ax. The Respondent threatened the driver of the lawn truck that he was going to “kick his ass." The Respondent then told the driver of the lawn Lruck to "come down two houses," reportedly to the Respondent's home, to continue the assault. Once the Respondent was at his home, he paced around the driveway with the ax, and the police were called, 2 George G. Neuner, 1, M.0. DOH Case Numer 2004-29818 ae 7 APSU\Medical william Miller\Caces\Neune" 2004-7 9818\Neuner.Administrative Complaint.coc Aug 31 2005 15:32 AUIG-31-2085 15:32 AHCA/LEGAL MEDICAL 856 414 1989 P.@S 7. The driver of the lawn truck reported that he had never before seen the Respondent, and that he was, in fact, a stranger. The driver reported that there was no impetus for the attack, 8. When BCSD officers artived at the scene and attempted to question the Respondent, he began running down the street. The Respondent removed four knives from his body while he was fleeing police, dropping them to the pavement. When BCSD officers finally placed the Respondent in handcuffs, officers found two additional knives concealed on his body. 9. Following the arrest of the Respondent, a search of his vehicle was conducted by BCSD officers. Subsequent to that search, eight additional knives were found In the Respondent's vehicle, along with a hammer that was located on the ground next to the car. 10. On or about July 27, 2004, in the Seventeenth Judicial Circuit in and for Broward County Case Number 04-009223CP10A, the Respandent appeared before the court for a bond hearing on the charge of aggravated assault with a deadly weapon. The Respondent was placed in a 30-day inpatient facility known as “The Family" anc was required by the court to follow all treatment recommendations. The Respondent was advised that ne was not to have any weapons, steroids, or unlawful drugs, and that George G. Neuner, 1, M.0, DOH Case Numer 2004-25818 3 JAPSU\Mecical\Willlam Miller\Cases\Nevner 2004-20818\Naunaradministrative Complatnt.cor Aug 31 2005 15:33 _ AUG-31-2885 15:32 AHCA/LEGAL MEDICAL 856 414 1989 P.@6 following release from "the Family,” pretrial services would place him on an electronic monitor. The Respondent was also not allowed to have any contact with the victim in this case. 41. During the Respondent's stay at "the Family," he contacted the Physicians Recovery Network (hereinafter referred to as PRN)- 12, PRN is the impaired practitioners program for the Board of Medicine, pursuant to Section 456.076, Tlorida Statutes. PRN is an independent program that monitors the evaluation, care, and treatment of impaired healthcare professionals. PRN oversees random drug screens and provides for the exchange ot information between the treatment providers, PRN, and the Department, for the protection of the public. 13. Raymond M. Pomm, M.D., a Board-certified psychiatrist and addictionologist, is the Medical Director of PRN and is charged with responsibility for the oversight of the program and documentation of compliance and noncompliance with PRN monitoring contracts. 14, The Respondent began his relationship with PRN in or around july of 2004. The Respondent advised PRN staff that he had a history of Post Traumatic Stress Disorder, and rclated that he had: been committed by Baker Act three times in the past by his family. While in treatment at “The Family.” the Respondent was treated for Post Traumatic Stress Disordcr, as George G. Neuner, 11, M.D. DOH Case Numer 2004-29818 4 J:\PSU\Medica!\Williarn Mitlar\Casas\Net ine 2004-2901 8\Neuner Administrative Complaint.cix: Aug 31 2005 15:33 AUIG-31-2085 15:45 AHCA/LEGAL MEDICAL 856 414 1989 Pa? well as Bipolar Disorder I, Mixed, Severe, with recent psychotic features, as well as alcohol and methamphetamine abuse. 15. The Respondent finished inpatient treatment and was transferred to outpatient treatment at “The Family” in August 2004. PRN staff offered a concurrent illness contract to the Respondent for monitoring on September 13, 2004. The Respondent indicated to PRN staff that he would not sign this contract, nor would he agree to quit drinking. PRN staff worked with the Respondent's therapists in an effort to ease him into compliance with PRN. 16. On or about December 13, 2004, the Respondent's psychiatrist contacted PRN and related to PRN staff that the Respondent again appeared to be manic, paranoid, and possibly psychotic. The psychiatrist related that the Respondent was arrested in Broward County in the previous days for assaulting a police officer. 17, The psychiatrist stated that the Respondent admitted to using methamphetamines and that he refused residential treatment at “The Family.” 18. On or about December 15, 7004, PRN closed its file on the Respondent and referred this matler to the Department. Dr. Porm opined that the Respondent |s unsafe to practice medicine with reasonable skill George G. Neuner, TT, MD. GOH Case Numer 2004-29816 FY J\PSU\Medical\willlam Milier\Cases\Neuner 9904-7981 A\Neuie Adininistalive Complaint.doc Aug 31 2005 15:34 AUIG-31-2085 15:45 AHCA/LEGAL MEDICAL 856 414 1989 P.@8 and safety and that he is an immediate threat to the public health, safety - and welfare ag a result of his recent arrest and the latest information from his treating psychiatrist that he is manic, paranvid and possibly psychotic. 19. Section 458.331(1)(s), Florida Statutes (2004), provides thal belng unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition constitutes grounds for disciplinary action by the Board of Medicine. 20. The Respondent has documented diagnoses of post traumatic stress disorder and bipolar disorder I. The Respondent's psychiatrist reporied lo PRN that the Respondent again appeared manic, paranoid and was possibly psycholic. The Respondent has refused to sign a contract with PRN, has refused to enter treatment as recommended by his psychiatrist, is not currently being monitored, and is unsafe to practice medicine wilh reasonable skill and safety and he presents an immediate threat to the public health, safety and welfare, 21. Based on the foregoing, Respondent has violated Section 458.331(1)(s), Florida Statutes (2004), by being unable to practice medicine with reasonabie skill and safety to patients by reason of mental impairment and the use of alcahol and/or drugs. George G. Nauner, UI, M.D. DOH Case Numer 2004-29818 6 J:\PSU\Medical\ William Miller\Cage2\Neunar 200¢-208:18\Neuner. Arimininiralive Carnplaint.doc Aug 41 2005 15:44 AUG-31-2885 15:33 AHCAVLEGAL MEDICAL 850 414 1989 PP. 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 aclion, refund of fees billed or collected, remedial education and/or any other relief that the - Board deems appropriate. SIGNED this _/°__ day of Than ween - 2005. John ©. Agwunobi, M.D., M.B.A., M.P.H, Secretary, Department of Health LO oF William F. Miller Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 wef {LED ‘lallahassee, FL 32399-3265 DEPUTY CLEFW Florida Bar # 0421080 cut ina wean (850) 414-4126 Te Le YOO (850) 414-1991 FAX Reviewed and approved by: Dek finitials) /2/2 (date) P: January 7, 2005 : . ' re preeel a pear, mcpchaicperse) Nabil El Sanadi Md,ond Sohn. Beebe George G. Neuner, I, M.0, DOH Case Numer 2004-29818 7 TAPSU\Medical\ William Miller\Cases\Neuner 2004-29816\Neunar Administrative Complairt.cog Aug 31 2005 15:34 AUIG-31-2085 15:34 AHCA/LEGAL MEDICAL 856 414 1989 P.18 George G. Neuner, II, M.D. DOH Case Numer 2004-29818 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. 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 the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. George G. Newnes, 1, M.D, DOH Case Numer 2004-29818 ; 8 J:\PSU\Medicanwilliam Miller\Cases\Neuncr 2004-29818\Neuner.Arministrative Complaint.dac

Docket for Case No: 05-003164PL