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
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
The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference.
There is competent substantial evidence to support the findings of fact.
CONCLUSIONS OF LAW
The Board has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 458, Florida Statutes.
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.
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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.
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Oct. 17, 2019 |
Agency Final Order filed.
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Oct. 17, 2019 |
Notice of Exceptions to Recommended Order filed.
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Jan. 11, 2008 |
Transmittal letter from Claudia Llado forwarding records to the agency.
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Jan. 04, 2007 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Jan. 04, 2007 |
Recommended Order (hearing held September 19 and 20, 2006). CASE CLOSED.
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Nov. 20, 2006 |
Respondent`s Memorandum of Law in Conjunction with their Recommended Order filed.
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Nov. 20, 2006 |
(Respondent`s) Proposed Recommended Order filed.
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Nov. 20, 2006 |
Petitioner`s Proposed Recommended Order filed.
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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.
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Sep. 19, 2006 |
CASE STATUS: Hearing Held. |
Sep. 11, 2006 |
Unilateral Pre-hearing Statement filed.
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Jul. 21, 2006 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for September 19 through 22, 2006; 9:00 a.m.; Orlando, FL).
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Jul. 21, 2006 |
Order Granting Motion to Withdraw as Legal Counsel (M. Rodriguez).
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Jul. 20, 2006 |
Motion to Withdraw as Legal Counsel filed.
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Jul. 20, 2006 |
Notice of Telephonic Motion Hearing (motion hearing set for July 21, 2006; 10:00 a.m.).
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Jul. 19, 2006 |
Evidence Deposition of Prema Medina filed.
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Jul. 19, 2006 |
Evidence Deposition of F. M. filed.
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Jul. 19, 2006 |
Deposition of S. C. filed.
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Jul. 19, 2006 |
Petitioner`s Notice of Filing of Depositions filed.
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Jul. 19, 2006 |
Motion to Seal Deposition Videos and Redact Names filed.
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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.
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Jul. 18, 2006 |
Letter to A. Skilling from A. Medina requesting a six week postponement of the July 25 - 27, 2006 Hearing filed.
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Jul. 18, 2006 |
Unilateral Pre-hearing Statement filed.
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Jul. 18, 2006 |
Notice of Substitution (filed by P. Willis).
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Jul. 17, 2006 |
Agency`s court reporter confirmation letter filed with the Judge.
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Jul. 17, 2006 |
Notice of Scrivener`s Error filed.
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Jul. 14, 2006 |
Order Denying Continuance of Final Hearing.
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Jul. 13, 2006 |
Motion to Continue filed.
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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.
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Jul. 10, 2006 |
Order Granting Motion to Withdraw as Counsel (S. DeVito).
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Jul. 07, 2006 |
Motion to Withdraw as Counsel filed.
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Jul. 05, 2006 |
Notice of Serving Respondent`s Response to Petitioner`s Second Set of Interrogatories filed.
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Jul. 05, 2006 |
Notice of Serving Respondent`s Response to Petitioner`s Second Set of Request for Production of Documents filed.
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Jun. 15, 2006 |
Notice of Serving Respondent`s First Set of Interrogatories filed.
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Jun. 15, 2006 |
Notice of Serving Respondent`s First Set of Request for Production of Documents filed.
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Jun. 01, 2006 |
Notice of Serving Petitioner`s Second Set of Request for Production of Documents filed.
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May 30, 2006 |
Notice of Serving Petitioner`s Second Set of Request Interrogatories filed.
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Apr. 24, 2006 |
Order Re-scheduling Hearing (hearing set for July 25 through 28, 2006; 9:00 a.m.; Orlando, FL).
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Apr. 14, 2006 |
Petitioner`s Unilateral Response to Order Granting Respondent`s Motion to Continue Final Hearing filed.
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Apr. 14, 2006 |
Notice of Appearance (filed by S. Devito).
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Apr. 12, 2006 |
Order Granting Continuance (parties to advise status by April 14, 2006).
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Apr. 12, 2006 |
Order Denying Motion for Sanctions.
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Apr. 07, 2006 |
Petitioner`s Third Motion for Sanctions filed.
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Apr. 06, 2006 |
Notice of Telephonic Motion Hearing (Motion hearing set for April 10, 2006; 4:00 p.m.).
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Apr. 05, 2006 |
Petitioner`s Objection to Respondent`s Motion for Continuance filed.
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Apr. 04, 2006 |
Respondent`s Witness and Exhibit List filed.
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Apr. 04, 2006 |
Respondent`s Motion for Continuance filed.
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Apr. 04, 2006 |
Notice of Appearance (filed by S. Devito for limited purpose).
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Mar. 24, 2006 |
Notice of Appearance (filed by S. Devito for Deposition).
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Mar. 17, 2006 |
Order Granting Motion for Protective Order.
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Mar. 17, 2006 |
Notice of Appearance (filed by S. Devito for Hearing).
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Mar. 13, 2006 |
Amended Notice of Taking Video Deposition filed.
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Mar. 10, 2006 |
Petitioner`s Motion for Protective Order filed.
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Feb. 27, 2006 |
Order (Motion to Take Video Deposition of Witness in Lieu of Personal Testimony at Hearing is granted).
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Feb. 24, 2006 |
Motion to take Video Deposition of Witness in Lieu of Personal Testimony at Hearing filed.
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Feb. 24, 2006 |
Notice of Taking Video Deposition filed.
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Feb. 06, 2006 |
Order Re-scheduling Hearing (hearing set for April 19 through 21, 2006; 9:00 a.m.; Orlando, FL).
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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).
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Feb. 03, 2006 |
Respondent`s Response to Petitioner`s Request for Production filed.
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Feb. 03, 2006 |
Respondent`s Response to Petitioner`s Interrogatories filed.
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Feb. 01, 2006 |
Motion for Continuance filed.
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Jan. 27, 2006 |
Petitioner`s Motion for Sanctions filed.
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Jan. 23, 2006 |
Respondent`s Response to Petitioner`s First Set of Request for Admissions filed.
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Jan. 23, 2006 |
Order Granting Extension of Time (time for responding to the request for production and interrogatories is extended to January 26, 2006) .
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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).
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Jan. 18, 2006 |
Motion for Extension of Time to Respond to Petitioner`s Request for Production and Interrogatories filed.
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Jan. 17, 2006 |
Notice of Appearance (filed by S. Devito, for the limited purpose of taking depositions).
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Jan. 11, 2006 |
Petitioner`s Motion to Compel Discovery: with Sanctions filed.
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Jan. 04, 2006 |
Notice of Taking Deposition filed.
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Dec. 28, 2005 |
Order Re-scheduling Hearing (hearing set for February 21 through 23, 2006, 2006; 9:00 a.m.; Orlando, FL).
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Dec. 23, 2005 |
Petitioner`s Response to Order Granting Motion to Withdraw and Continuing Final Hearing filed.
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Dec. 13, 2005 |
Order Granting Motion to Withdraw and Continuing Final Hearing (parties to advise status by December 23, 2005).
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Dec. 12, 2005 |
Notice of Telephonic Hearing filed.
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Dec. 12, 2005 |
Petitioner`s Response to Respondent`s Motion to Withdraw and Respondent`s Motion for Continuance of Deposition filed.
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Dec. 12, 2005 |
Motion to Withdraw as Counsel and Motion for Continuance of Deposition filed.
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Dec. 02, 2005 |
Notice of Serving Petitioner`s First Set of Request for Admissions, Interrogatories, and Request for Production of Documents filed.
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Nov. 29, 2005 |
Notice of Taking Deposition filed.
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Nov. 14, 2005 |
Order of Pre-hearing Instructions.
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Nov. 14, 2005 |
Notice of Hearing (hearing set for January 10 through 12, 2006; 9:00 a.m.; Orlando, FL).
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Nov. 10, 2005 |
Respondent`s Response to Initial Order filed.
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Nov. 10, 2005 |
Petitioner`s Response to Initial Order filed.
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Nov. 03, 2005 |
Initial Order.
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Nov. 02, 2005 |
Notice of Appearance (filed by D. Kiesling).
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Nov. 02, 2005 |
Notice of Appearance (filed by A. Dawn Skilling).
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Nov. 02, 2005 |
Election of Rights filed.
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Nov. 02, 2005 |
Administrative Complaint filed.
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Nov. 02, 2005 |
Agency referral filed.
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Orders for Case No: 05-004042PL
Issue Date |
Document |
Summary |
Feb. 16, 2007 |
Agency Final Order
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Jan. 04, 2007 |
Recommended Order
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Respondent is guilty of sexual misconduct, and pled guilty to having sex with a 16 or 17-year-old.
|