Apr 4 2006 : @4/a4/ 2086 82:39 8584146749 DEPR OGA ° wee Ee r GE 83/15 STATE OF FLORIDA DEPARTMENT OF BUSINESS SND PROFESSIONAL REGULATION BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2004-019731 MICHAEL EDWARD REINHART, D.V.M., Respondent. / et ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner") files this Administrative Complaint before the Board of Veterinary Medicine against MICHAEL EDWARD REINHART, D.V.M. ("Respondent"), and alleges: 1. Petitioner is the state agency charged with regulating the practice of veterinary medicine, pursuant to section 20.165, Florida Statutes, and chapters 455 and 474, Florida Statutes. 2. At all times material hereto, Respondent was licensed in the State of Florida as a veterinarian, having been issued license number VM 3031. 3. Respondent's address of record is 725 Shamrock Boulevard, Venice, Florida 34293. 4, On or about January 13, 2004, Respondent was presented with a seven month old male flame point Himalayan caf, “Sebastian”, who was brought in for neuter and declaw procedure. Apr 4 2006 14:42 @4/a4/ 2086 82:39 8584146749 DEPR OGA PAGE @4/15 5. During the surgical procedure, Respondent observed that Sebastian had a retained left teste, 6. During the procedure, Respondent failed to locate the retained left teste. 7. During the procedure, Respondent left a surgical gauze sponge inside Sebastian. 8. On or about February 10, 2004, Respondent was again presented with Sebastion for treatment due to anorexia and pain. 9. During the visit, Respondent performed an enema on Sebastian, to relieve constipation, 10. At no time did Ms. Larson, Complainant owner, authorize respondent to administer an enema to Sebastian. li. On Febmary 10, 2004, Respondent conducted radiographs of Sebastian. 12. Based on radiographs, Respondent diagnosed Sebastian as constipated. 13. The radiograph submitted for examinations, taken by Respondent, does not demonstrate either constipation or obstruction necessitating the enema that was administered. 14. The radiograph taken by Respondent do not provide a visualization of the patient’s bladder. 15. Respondent’s medical records indicates “a normal size bladder.” 16. Respondent’s medical records for Sebastian do not contain adequate examination findings. 17. Respondent’s medical records for Sebastian do not contain adequate notes on surgical procedure. | 18, Respondent’s medical records for Sebastian contain no reference to the surgical declaw. Apr 4 2006 14:42 G4/G4/ 20686 82:39 B5e4146749 DEPR OGA PAGE 5/1 5 19. Rule 61G18-18,002(3), Florida Administrative Code, requires that “[m]edical records shall be contemporaneously written and include the date of each service performed. They should contain the following information: physical examination and provisional diagnosis.” 20. Respondent's medical records for Sebastain do not list doses of medications administered, 21. Respondent’s medical records for Sebastian do not list routes of administration for drugs used are not listed in the medical records. 22, Rule 61G18-18.002(4), Florida Administrative Code, states that “[mledical records shall contain the following information if these services are provided or occur during the examination or treatment of an animal or animals: Drugs prescribed, administered, or dispensed, treatment-medical, surgical and laboratory results. ) COUNT ONE 23. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through twenty-two (22) as though set forth herein. 24. Section 474.214(1)(r), Florida Statutes, states the following shall constitute grounds. for disciplinary action “[bJeing guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and treatment which is recogmized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances.” 25. Based on the foregoing, Respondent violated section 474.214 1)(1), Florida Statutes, by not providing adequate diagnosis or treatment to Sebastian. Respondent is therefore subject to discipline by the Board of Veterinary Medicine pursuant to section 47 4.214(2), Florida Statutes. Apr 4 2006 14:42 G4/G4/ 20686 82:39 B5e4146749 DEPR OGA PAGE @6/15 COUNT TWO 26. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through twenty-two (22) as though sét forth herein. 27. Section 474,214(1)(ee), Florida Statutes, states the following shall constitute grounds for disciplinary action “[ flailing to keep contemporaneously written medical records ag required by rule of the board.” 28. Based on the foregoing, Respondent violated section 474.214(1)(ee), Florida Statutes, by failing to keep adequate medical records during the treatment of Sebastian. Respondent is therefore subject to discipline by the Board of Veterinary Medicine pursuant to section 474.214(2), Florida Statutes. COUNT THREE 29. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through twenty-two (22) as though set forth herein. 30. Section 474.214(1)(), Florida Statutes, states the following shall constitute grounds for disciplinary action “[p]erforming or prescribing unnecessary or unauthorized treatment.” 31. Based om the foregoing, Respondent violated section 474.214(1)(), Florida Statutes, by performing an unauthorized enema on Sebastian, Respondent is therefore subject to discipline by the Board of Veterinary Medicine pursuant to section 474.214(2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Veterinary Medicine enter an order imposing one or more of the following penalties: revocation or suspension of the " Respondent's license, restriction of the Respondent's practice, imposition of an administrative Apr 4 2006 14:42 @4/a4/ 2086 82:39 8584146749 DEPR OGA PAGE a7 15 fine not to exceed $5,000 per violation, issuance of a reprimand, placement of the Respondent on probation, assessment of costs association with the investigation, imposition of any or all penalties delineated within section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to chapters 455 and/or 474, Florida Statutes, and/or the rules promulgated thereunder. Signed this Zueday of _4cussz—_ 2005. Pama Drew F. Winters Assistant General Counsel Case # 2004-019731 Counsel for the Department: Drew F, Winters Assistant General Counsel Florida Bar Number 0679941 Department of Business and Professional Regulation, Office of the General Counsel 1940 North Monroe Street Tallahassee, FL. 32399-2202 DFW/dag 02 June 2005 OCP dake - Z-\A-05

Docket for Case No: 06-001163PL