SEP-23-2085 11! 1113 AHCA/LEGAL MEDICAL Sep 25 2005 114 B58 414 1989 P 22 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, CASE NO. 2003-13941 Vv. ISAAC NOSOVSKY, M.D., _ RESPONDENT. —_— eee ADMINISTRATIVE COMPLAINT. COMES NOW, Petitioner, Department of Health, by and through its es this Administrative Complaint before the undersigned counsel, and fil against Respondent, and in Board of Medicine Tsaac Nosovsky, M.D., support thereof alleges: 1, Petitioner Is the state department charged with regulating the 20,43, Florida Statutes, and practice of medicine pursuant TO Section Chapters 456 and 458, Florida Statutes. tirnes. material to this Complaint, Respondent was 2 At all e State of Florida pursuant to licensed to practice medicine within th J\PSU\Medicanapril Skiling\goM Adiuinistrative compininis\Nesovsky (M0488. 334(2 (nn }2002 78944-4098 1 SEP-23-2005 11: 4 3 AHCA/LEGAL MEDICAL Sep 23 2005 11:14 asa 414 1989 P.23 Chapter 458, Florida Statutes, having been issued license number ME 50814, on April 19, 1977- 3. Respondent’s address of record is 1865 North Corparate Lakes Boulevard, Suite 2, Weston, Florida 32326. 4, On or about December 5, 2002, Respondent made an application to the Florida Department of Health (DOH) to perform Level U and Level Ti office-based surgery. 5. In support of the application, Respondent submitted a letter from Memorial Hospital West in Pambrooke Pines, Florida, indicating that the hospital was capable and available to care for any patients brought to “the facility. 6. On or about February 25, 2003, the Board of Medicine arroneously accepted the above-referenced letter as a “transfer agreement” and issued a registration to Respondent by mistake to perform Level IL and Level IIL office-based surgery at the Advanced Center for fg Cosmetic Surgery (ACCS). 37, On or about April 30, 2003, DOH conducted an on-site” Sau brucaray ges beatae Inspectian of ACCS. JADSUAMedinal\Apsil Skiing BOM, Administrative ( cpmplaints\Nosovsky(MD 48.23 1()yonnj7003-13941.d06 SEP-23- : 2aaS 11:14 AHCA-“LEGAL MEDICAL Sep 23 2005 11:15 B58 414 1989 a, The aforementioned inspection revealed deficiencies that ° sprees e8 included fallure of Respondent to have a transfer agreement. with a Sclees licensed hospital within reasonable proximity to ACCS, of failure of Respondent to have staff privileges to perform the same procedure a5 that being performed in ACCS at a licensed hospital within reasonable proximity to ACCS. g. Section 458.331(1)(nn), Florida Statutes (2002), provides that vinlating any provision of Chapter 456 or Chapter 458, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board of Medicine. 10. Under Rules 64B8-9.009(4)(b)2 and 64B8-9.009(6)(D), Florida Administrative Code (F.A.C.), in order to perform Level Il and Level ITT office surgery, 4 physician must have 4 transfer agreement with a licensed hospital within reasonable proximity if the physician does not have staff privileges to perform the same procedure a5 that being performed in the outpatient setting at a licensed hospital within reasonable proximity. 11. Respondent failed to have a transfer agreement with a licensed hospital within reasonable proximity to ACCS; or, Respondent failed to have staff privileges to perform the same procedure 4 that being - JAPSU\Medicalapril Skilling\BOM Administraive ComplainsstNosuvskr Dyas 381(1}(u)2003 394 1.doc 3 CEP-23-28H5 11:14 PHCA-LEGAL MEDICAL Sep 23 2005 11:15 B50 414 1989 P.@S performed in the outpatient setting of accs at a licensed hospital within reasonable proximity- - 42. Based on the foregoing, Respondent violated Section 458.331(1)(0n), Florida Statutes (2002), by violating Rule G4BE- 9,001(4)(b)4, FAC,.or by violating Rule. 64B8-9.001(6)(b), FAC, BY failing to have 4 transfer agreement with a \icensed hospital within reasonable proximity to AGCS, or by failing to have gtatf privileges at a licensed hospital, within reasonable proximity to ACCS, to perform the same procedure as that being performed by Respondent at ACCS. WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanent revacation of suspension of Respondent's license, restriction of practice, Imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action and/or any other relief that the Board deems appropriate. JAPSU\Medical\Aprit SkillingBOM A aminisuaivye Complaints\No covey MDIA58. 3310 ynmy2003-1394 Ldot 4 SEP-23-2005 11: diti4d AHCAYLEGAL MEDICAL Sep 23 2005 11:15 856 414 1989 P86 SIGNED this 22° day of _ A 2005. John O. Agwunabi, M.D., M.BAs MLB. Secretary, Department of Health Apri) Dawn M. Skilling Assistant General Counsel Florida Bar No. 0805165 FILED Department of Health DEPARTMENT OF HEALTH Prasecution Services Unit DEPUTY CLERK AQS2 Bald Cypress Way, Bin C-65 r CLERK \ eth Colewaar Tallahassee, FL 32399-3265 paTE____5 31-05 (850) 414-8126 Office (850) 414-1989 Facsimile ADMS:jes Reviewed and approved by: DEL (initials) J// 2dp5 (date) PCP: may 27, 2008 PCP Members: py-satri, Leng 3:\PSu\Medical\April syiing\BOM Adrninistrative Complaints\esuvsky(MD)458 331 (4){nn)2003-13944.dee 5 SEP-23-2085 11:15 SHCALEGAL MEDICAL Sep 23 2005 11:16 a50 414 1989 NOTICE OF RIGHTS Respondent has the right to request 4 hearing to be conducted in accordance with sections 120.569 and 420.57, 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. ING 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, he Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, onthe Respondent in addition any other discipline imposed. JAPSu\Medieal april kkilling\BOM purninistratve complaints vosrusky(MO}AB8 3310 4}(9N) 200% 3941,doc 6

Docket for Case No: 05-003511PL