Apr 14 2006 9:02 APR-14-2686 8:37 FL DEPT OF HEALTH 858 498 1655 P.@2 m, ey "| STATEOF FLORIDA _| DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2004-21720 CHARLES A. SLATTERY, M.D., RESPONDENT, ADM P COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Charles A. Slattery, 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 number ME 51997. 3. Respondent's address of record is 4500 S. Hopkins Ave., Titusville, Florida 33311. 2E\PSU\Medical\Judith Law\Physicians\Administrative Complaints\slattery.doc Apr 14 2006 9:02 _ APR-14-2886 GIs? FL DEPT OF HEALTH 856 488 1855 P.@3 4. Onor abc__ May 10, 2004, Respondent c_gated inappropriate medical procedures to an employee in his office who is a medical assistant. 5. The medical assistant was diagnosing patients, making drug and intravenous fluid therapy plans, dispensing sample drugs without supervision, handling controlled substance samples, processing biological specimens and giving intravenous drugs to patients. 6. The medical assistant had no education, training, or prior experience other than attendance at an IV therapy course. 7. Onor about June 21, 2004, the Respondent admitted, via letter, that he permitted the medical assistant to start intravenous lines (IV's). 8. Section 458.331(1)(w), Florida Statutes (2003), provides that physicians are subject to discipline for delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them. 9. Respondent delegated responsibilities to a medical assistant to initiate intravenous lines, dispense drugs, process biological specimens, and/or other activities when he had reason to know that such person is not qualified by training, experience or licensure to perform them. 10. Based on the foregoing, Respondent has violated Section 458.331(1)(w), Florida Statutes (2003), by delegating professional J-APSU\Medical\Judith Law\Physicians\Administrative Complaints\slattery.doc 2 Apr 14 2006 9:03 APR-14-2666 8:37 FL DEPT OF HEALTH 656 466 1655 P.Ga =, —, responsibilities to _. | person when the license delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them. 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 Respondent'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. ye SIGNED this__7 day of UQuele __, 2005. John O, Agwunobi, M.0., M.B.A., M.RH. Secretary, Department of Health FILED , DEPARTMENT OF HEALTH DEPUTY CLERK Judith A. Law oxenx Nupcthes ColunaiA Assistant General Counsel pare__3|8/]05 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0881686 (850) 414-8126 (850) 414-1989 FAX J:\PSU\Medical\Judith Law\Physicians\Administrative Complaints\slattery.doc 3 Apr 14 2006 9:03 APR-14-2886 8:38 FL DEPT OF HEALTH 856 488 1855 P.@S ! mo Reviewed and approved by: by (initials) ie Fe (date) PCP! werch, 4, 2005 PCP Members: 2 iah, As Charles Slattery 2004-21720 - 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, 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. 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. Charles Slattery 2004-21720 J\PSU\Medical\Judith Law\Physiclans\Administrative Complaints\slattery.doc 4

Docket for Case No: 06-001291PL