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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs DOUGLAS PETERSON, M.D., 05-004108PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-004108PL Visitors: 4
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: DOUGLAS PETERSON, M.D.
Judges: CHARLES C. ADAMS
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Nov. 08, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 30, 2005.

Latest Update: Jul. 01, 2024
Nov 8 2005 9:33 NOU-@8-2885 49:31 AHCAZLEGAL MEDICAL ms 854 414 1989 P.@4 STATE OF FLORIDA = DEPARTMENT OF HEALTH © tt DEPARTMENT OF HEALTH, D5 108 3 PETITIONER, ve CASE NO. 2004-39566 DOUGLAS PETERSON, M.D, RESPONDENT. ey / ADMIN IVE LAINT COMES NOW, Pelitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine (Board) against Respondent, Douglas Peterson, 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, 2, At all times material to this Complaint, Respondent was a licensed physician within the state of Florida having been issued lIcense numher 67445. 1 JAPSU\Medical\Jugith Law\Physivians\adminisrative Complainte\petercan.doc Nov 8 2005 9:33 NOU-@8-2885 @9:31 AHCA/LEGAL MEDICAL 858 414 1989 P.@5 oy 3. Respondent's address of record is Harbor Family & Community Med., PA, 8429 E. Gulf lo Lake Highway, Inverness, Florida 34450-4755, 4. Respondent is board certified in family practice, 5. On or about July 1, 2002, the Board of Medicine filed a Final Order In case number 1999-63015, which required Respondent, among other things, to pay a $10,000.00 fine within sixty (60) days of the filing of the Order and to document completion of ten (10) hours of community service within one (1) year of the filing of the Order. 6. On or about August 17, 2004, the Board filed an Order in case number 2003-24778 granting to Respondent an extension of thirty (30) days In which to satisfy payment of the fine imposed by the previous Final Order and the fine imposed by this Final Order, 7. To date, Respondent has failed to pay the $5,000 fine and $343.80 in costs, as well as the unpaid portion ot the original fine of $10,000.00, in the amount of $6,500.00. 8. Section 458.331(1)(x), Florida Statutes (2004), provides that violating a lawful order of the board or department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department constitutes grounds for discipline by the Board of Medicina. 2 :\PSU\Medical\udith Law\Physicions\Administrative Cunaslalrits\peterson.dac. Nov 8 2005 9:34 NOU-@8-2485 99:31 AHCA/LEGAL MEDICAL ~ 854 414 1989 P.@6 9. Respondent failed to comply with the August 17, 2004, Final Order by failing to pay the $5,000.00 fine, $343.80 in costs, as well as $6,500.00, which is the unpaid portion of the $10,000.00 original fine from the Final Order dated July 1, 2002. 10. Based on the foregoing, Respondent has violated Section 458.331(1)(x), Florida Statutes (2004), by Violating a lawful order of the Board previously entered in a disciplinary hearing. 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 Respundent'’s license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate, 3 J\PEU\Medical\Judith Law\Physicias\Adrultitstrative Complainte\neterson.dee Nov 8 2005 9:34 _ 858 414 1989 Pa? ft . SIGNED this _/”_ day of Aus , 2005. NOU-G8-2485 @9:32 AHCA/LEGAL MEDICAL oN John ©, Agwunobi, M.D., M.B.A. FILED Secretary, Department of Health CEPA ENT OF HEALTH a . CLERK won. th Kamar pare___f-3-05 , Blake Hunter Assistant General Counsel DOH-Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar # 0570788 (850) 414-8126 (850) 414-1989 fax Reviewed and approved by; JA (initials) s[itfos (date) PCP: ‘suiy 29, 2005 PCP MemberSigs panei, Coto, Dyches Dr. Peterson, Case No: 2004-39566 4 J:\PSU\Madicat\udith tawyPnysinans\ Administrative Complalits\wetersuriln) cov Nov 8 2005 9:34 NOV-@8-2885 @9:32 , AHCACLEGAL MEDICAL 854 414 1989 P.@8 Pn 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, ta 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. 5 INPSU\Meadicaludith Law\Physicians\admimstranive Cormplaiils\peterson(x).doc

Docket for Case No: 05-004108PL
Issue Date Proceedings
Dec. 30, 2005 Order Closing File. CASE CLOSED.
Dec. 29, 2005 Motion to Relinquish Jurisdiction filed.
Dec. 29, 2005 Order (matters described in the Requests for Admissions are deemed admitted, on or before January 10, 2006, Respondent shall answer the interrogatories and identify documents for production, motion to prohibit Respondent and his witnesses from testifying at the hearing is denied, motion for other forms of sanctions is denied).
Dec. 15, 2005 Petitioner`s Motion to Compel Discovery: with Sanctions filed.
Dec. 13, 2005 Order (Petitioner`s Motion for Official Recognition of Section 458.331 (1), Florida Statutes (2004) are officially recognized).
Nov. 30, 2005 Petitioner`s Motion for Official Recognition filed.
Nov. 29, 2005 Letter to Judge Adams from D. Peterson responding to the Initial Order of November 2005 filed.
Nov. 21, 2005 Order of Pre-hearing Instructions.
Nov. 21, 2005 Notice of Hearing (hearing set for February 6, 2006; 9:30 a.m.; Tallahassee, FL).
Nov. 16, 2005 Letter to Judge Adams from D. Peterson responding to the Initial Order filed.
Nov. 16, 2005 Unilateral Response to the Initial Order filed.
Nov. 09, 2005 Initial Order.
Nov. 09, 2005 Notice of Filing Petitioner`s Requests for Interrogatories, Production and Admissions filed.
Nov. 08, 2005 Election of Rights filed.
Nov. 08, 2005 Administrative Complaint filed.
Nov. 08, 2005 Notice of Appearance (filed by J. Blake Hunter).
Nov. 08, 2005 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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