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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs ADRIAN ISIDORE JOSE MEDINA, M.D., 05-004042PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-004042PL Visitors: 2
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: ADRIAN ISIDORE JOSE MEDINA, M.D.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Orlando, Florida
Filed: Nov. 02, 2005
Status: Closed
Recommended Order on Thursday, January 4, 2007.

Latest Update: Oct. 17, 2019
Summary: The issues in this case are whether Respondent violated Subsections 456.072(1)(u), 458.331(1)(j), and 458.331(1)(nn), Florida Statutes (2002 and 2003); Subsection 458.331(1)(c), Florida Statutes (2004)1; and Florida Administrative Code Rule 64B8-9.008, and, if so, what discipline should be imposed.Respondent is guilty of sexual misconduct, and pled guilty to having sex with a 16 or 17-year-old.
05004042_282_10172019_13290432_e



DEPARTMENT OF HEALTH,

STATE OF FLORIDA BOARD OF MEDICINE


Petitioner,


vs. DOH CASE NO.: 2004-02596

DOAH CASE NO.: 05-4042PL LICENSE NO.: ME0074141


ADRIAN ISIDORE JOSE MEDINA, M.D.,


Respondent. /


FINAL ORDER


THIS CAUSE came before the BOARD OF MEDICINE (Board) pursuant to Sections 120.569 and 120.57(1), Florida Statutes, on February 3, 2007, in Orlando, Florida, for the purpose of considering the Administrative Law Judge's Recommended Order, Exceptions .to the Recommended Order, and Response to Exceptions to the Recommended Order (copies of which are attached hereto as Exhibits A, B, and C, respectively) in the above-styled cause.

Petitioner was represented by April Dawn Skilling, Assistant General Counsel. Respondent was present and represented by Mark

  1. Rodriguez, Esquire. Pursuant to Section 456.073(9), Florida Statutes, the patient addressed the Board at the hearing.

    Upon review of the Recommended Order, the argument of the parties, and after a review of the complete record in this case,

    _ the _Bo ard makes the fo_llowing findings and conclusions.


    Filed October 17, 2019 1:29 PM Division of Administrative Hearings



    RULINGS ON EXCEPTIONS


    The Board reviewed and considered the Respondent's Exceptions and the Petitioner's Response to Respondent's Exceptions and denies the Exceptions for the reasons set forth in the Petitioner's Response to Respondent's Exceptions.

    FINDINGS OF FACT


    1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

    2. There is competent substantial evidence to support the findings of fact.

CONCLUSIONS OF LAW


  1. The Board has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 458, Florida Statutes.

  2. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

PENALTY


Upon a complete review of the record in this case, the Board


determines that the penalty recommended by the Administrative Law Judge be ACCEPTED. WHEREFORE, IT rs HEREBY ORDERED AND ADJUDGED

that Respondent's license to practice medicine in the State of Florida is hereby REVOKED.


RULING ON MOTION TO ASSESS COSTS


The Board reviewed the Petitioner's Motion to Assess Costs and imposes the costs associated with this case in the amount of

$69,838.75. Said costs are to be paid within 30 days from the date this Final Order is filed.

This Final Order shall take effect upon being filed with the


Clerk of the Department of Health.


DONE. AND ORDERED this

2007.

../....:..5 -------


day of


BOARD OF MEDICINE


Larry cPherson, Jr., Executive Director

for H. FRANK FARMER, JR., M.D., Chair


NOTICE OF RIGHT TO JUDICIAL REVIEW


A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUT ES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to ADRIAN ISIDORE JOSE MEDINA, M.D.,27080 Lambeth Road, Brooksville, Florida 34602; and 6252 Commercial Way,# 222, Weeki Wachi, Florida 34613; to Mark D. Rodriguez, Esquire, 508 W. Main Street, Inverness, Florida 34450; to Susan B. Harrell, Administrative Law Judge, Division of Admi istrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by interoffice delivery to John Terrel, Department of Health, 4052

Bald Cypress Way, Bin #C-65, Tallahassee, Florida 32399 -3265 this

)lJ day of (o,.bruJ,OJl . , 2007.

'loJ2Qo Qdaudcorv



P , \ Uacr a\ >.011N\ HANCY\ HI O\ ORD\ P'cb · l 0 0 7 \ Med i n-.R O. '-'Pd


Deputy Agency Clerk


Docket for Case No: 05-004042PL
Issue Date Proceedings
Oct. 17, 2019 Petitioner's Response to Respondent's Exceptions to the Recommended Order filed.
Oct. 17, 2019 Agency Final Order filed.
Oct. 17, 2019 Notice of Exceptions to Recommended Order filed.
Jan. 11, 2008 Transmittal letter from Claudia Llado forwarding records to the agency.
Jan. 04, 2007 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jan. 04, 2007 Recommended Order (hearing held September 19 and 20, 2006). CASE CLOSED.
Nov. 20, 2006 Respondent`s Memorandum of Law in Conjunction with their Recommended Order filed.
Nov. 20, 2006 (Respondent`s) Proposed Recommended Order filed.
Nov. 20, 2006 Petitioner`s Proposed Recommended Order filed.
Nov. 09, 2006 Transcript (Volumes I-III) filed.
Sep. 22, 2006 Letter to Judge Harrell from A. Skilling returning redacted items of evidence to the Judge filed.
Sep. 19, 2006 CASE STATUS: Hearing Held.
Sep. 11, 2006 Unilateral Pre-hearing Statement filed.
Jul. 21, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for September 19 through 22, 2006; 9:00 a.m.; Orlando, FL).
Jul. 21, 2006 Order Granting Motion to Withdraw as Legal Counsel (M. Rodriguez).
Jul. 20, 2006 Motion to Withdraw as Legal Counsel filed.
Jul. 20, 2006 Notice of Telephonic Motion Hearing (motion hearing set for July 21, 2006; 10:00 a.m.).
Jul. 19, 2006 Evidence Deposition of Prema Medina filed.
Jul. 19, 2006 Evidence Deposition of F. M. filed.
Jul. 19, 2006 Deposition of S. C. filed.
Jul. 19, 2006 Petitioner`s Notice of Filing of Depositions filed.
Jul. 19, 2006 Motion to Seal Deposition Videos and Redact Names filed.
Jul. 19, 2006 Letter to A. Skilling from A. Medina requesting a six week postponement of the July 25 - 27, 2006 Hearing filed with attachments.
Jul. 18, 2006 Letter to A. Skilling from A. Medina requesting a six week postponement of the July 25 - 27, 2006 Hearing filed.
Jul. 18, 2006 Unilateral Pre-hearing Statement filed.
Jul. 18, 2006 Notice of Substitution (filed by P. Willis).
Jul. 17, 2006 Agency`s court reporter confirmation letter filed with the Judge.
Jul. 17, 2006 Notice of Scrivener`s Error filed.
Jul. 14, 2006 Order Denying Continuance of Final Hearing.
Jul. 13, 2006 Motion to Continue filed.
Jul. 12, 2006 Notice of Serving Petitioner`s Response to Respondent`s First Set of Request for Production of Documents and Respondent`s First Set of Interrogatories filed.
Jul. 10, 2006 Order Granting Motion to Withdraw as Counsel (S. DeVito).
Jul. 07, 2006 Motion to Withdraw as Counsel filed.
Jul. 05, 2006 Notice of Serving Respondent`s Response to Petitioner`s Second Set of Interrogatories filed.
Jul. 05, 2006 Notice of Serving Respondent`s Response to Petitioner`s Second Set of Request for Production of Documents filed.
Jun. 15, 2006 Notice of Serving Respondent`s First Set of Interrogatories filed.
Jun. 15, 2006 Notice of Serving Respondent`s First Set of Request for Production of Documents filed.
Jun. 01, 2006 Notice of Serving Petitioner`s Second Set of Request for Production of Documents filed.
May 30, 2006 Notice of Serving Petitioner`s Second Set of Request Interrogatories filed.
Apr. 24, 2006 Order Re-scheduling Hearing (hearing set for July 25 through 28, 2006; 9:00 a.m.; Orlando, FL).
Apr. 14, 2006 Petitioner`s Unilateral Response to Order Granting Respondent`s Motion to Continue Final Hearing filed.
Apr. 14, 2006 Notice of Appearance (filed by S. Devito).
Apr. 12, 2006 Order Granting Continuance (parties to advise status by April 14, 2006).
Apr. 12, 2006 Order Denying Motion for Sanctions.
Apr. 07, 2006 Petitioner`s Third Motion for Sanctions filed.
Apr. 06, 2006 Notice of Telephonic Motion Hearing (Motion hearing set for April 10, 2006; 4:00 p.m.).
Apr. 05, 2006 Petitioner`s Objection to Respondent`s Motion for Continuance filed.
Apr. 04, 2006 Respondent`s Witness and Exhibit List filed.
Apr. 04, 2006 Respondent`s Motion for Continuance filed.
Apr. 04, 2006 Notice of Appearance (filed by S. Devito for limited purpose).
Mar. 24, 2006 Notice of Appearance (filed by S. Devito for Deposition).
Mar. 17, 2006 Order Granting Motion for Protective Order.
Mar. 17, 2006 Notice of Appearance (filed by S. Devito for Hearing).
Mar. 13, 2006 Amended Notice of Taking Video Deposition filed.
Mar. 10, 2006 Petitioner`s Motion for Protective Order filed.
Feb. 27, 2006 Order (Motion to Take Video Deposition of Witness in Lieu of Personal Testimony at Hearing is granted).
Feb. 24, 2006 Motion to take Video Deposition of Witness in Lieu of Personal Testimony at Hearing filed.
Feb. 24, 2006 Notice of Taking Video Deposition filed.
Feb. 06, 2006 Order Re-scheduling Hearing (hearing set for April 19 through 21, 2006; 9:00 a.m.; Orlando, FL).
Feb. 06, 2006 Order on Motion for Sanctions, Motion for Continuance, and Motion to Appoint Counsel for Respondent (Motion for Sanctions is denied; Motion for Continuance is granted and the final hearing scheduled for February 21-23 is cancelled; the Motion to Appoint Counsel is denied).
Feb. 03, 2006 Respondent`s Response to Petitioner`s Request for Production filed.
Feb. 03, 2006 Respondent`s Response to Petitioner`s Interrogatories filed.
Feb. 01, 2006 Motion for Continuance filed.
Jan. 27, 2006 Petitioner`s Motion for Sanctions filed.
Jan. 23, 2006 Respondent`s Response to Petitioner`s First Set of Request for Admissions filed.
Jan. 23, 2006 Order Granting Extension of Time (time for responding to the request for production and interrogatories is extended to January 26, 2006) .
Jan. 19, 2006 Order on Motion to Compel (on or before January 23, 2006, Respondent shall furnish all the information requested in Petitioner`s discovery by facsimile or overnight delivery).
Jan. 18, 2006 Motion for Extension of Time to Respond to Petitioner`s Request for Production and Interrogatories filed.
Jan. 17, 2006 Notice of Appearance (filed by S. Devito, for the limited purpose of taking depositions).
Jan. 11, 2006 Petitioner`s Motion to Compel Discovery: with Sanctions filed.
Jan. 04, 2006 Notice of Taking Deposition filed.
Dec. 28, 2005 Order Re-scheduling Hearing (hearing set for February 21 through 23, 2006, 2006; 9:00 a.m.; Orlando, FL).
Dec. 23, 2005 Petitioner`s Response to Order Granting Motion to Withdraw and Continuing Final Hearing filed.
Dec. 13, 2005 Order Granting Motion to Withdraw and Continuing Final Hearing (parties to advise status by December 23, 2005).
Dec. 12, 2005 Notice of Telephonic Hearing filed.
Dec. 12, 2005 Petitioner`s Response to Respondent`s Motion to Withdraw and Respondent`s Motion for Continuance of Deposition filed.
Dec. 12, 2005 Motion to Withdraw as Counsel and Motion for Continuance of Deposition filed.
Dec. 02, 2005 Notice of Serving Petitioner`s First Set of Request for Admissions, Interrogatories, and Request for Production of Documents filed.
Nov. 29, 2005 Notice of Taking Deposition filed.
Nov. 14, 2005 Order of Pre-hearing Instructions.
Nov. 14, 2005 Notice of Hearing (hearing set for January 10 through 12, 2006; 9:00 a.m.; Orlando, FL).
Nov. 10, 2005 Respondent`s Response to Initial Order filed.
Nov. 10, 2005 Petitioner`s Response to Initial Order filed.
Nov. 03, 2005 Initial Order.
Nov. 02, 2005 Notice of Appearance (filed by D. Kiesling).
Nov. 02, 2005 Notice of Appearance (filed by A. Dawn Skilling).
Nov. 02, 2005 Election of Rights filed.
Nov. 02, 2005 Administrative Complaint filed.
Nov. 02, 2005 Agency referral filed.

Orders for Case No: 05-004042PL
Issue Date Document Summary
Feb. 16, 2007 Agency Final Order
Jan. 04, 2007 Recommended Order Respondent is guilty of sexual misconduct, and pled guilty to having sex with a 16 or 17-year-old.
Source:  Florida - Division of Administrative Hearings

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