Jun 13 2006 11:40 Jun 13 2006 11:39 P.03 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, , PETITIONER, Vv. CASE NO. 2004-28185 MARK DRESNER, M.D., RESPONDENT. a ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Mark Dresner, 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. >, At all times material to this Complaint, Respondent was a licensed physician within the state of Florida, having been issued license number ME 55925. Jun 13 2006 11:41 Jun 13 2006 11:39 P. O04 3. Respondent's address of record is 719 East New Haven Avenue, Melbourne, Florida 32901. 4, Respondent is board certified in Ophthalmology according to the American Board of Medical Specialties. | 5. Patient G.P. had been referred to the Respondent for phacoemulsification and implantation of an intraocular lens adjusted to for near visual correction. 6. Phacoemulsification is a procedure in which the lens of the eye that has been clouded by a cataract is broken up by ultrasound, irrigated, and suctioned out. 7. On or about May 17, 2004, the Respondent noted into the medical records that the treatment plan for Patient G.P. intended to correct the refraction for the right eye for near distance. 8. The physician order signed by the Respondent indicates that the lens to be implanted is to be set for near visual correction. 9. On or about June 14, 2004, Patient GP, presented to the Ambulatory Surgical Center of Brevard for phacoemulsification with posterior chamber intraocular lens implantation of the right eye set for near. Mark Dresner, M.D. DOH Case No. 2004-78185 ; 2 2:\PSU\Medical\William Miller\Cases\Dresner 9004-28185\Dresner.Administrative Complaint.doc Jun 13 2006 11:41 Jun 13 2006 11:40 P.O5 10. On or about June 14, 2004, the Respondent performed a phacoemulsification procedure and implanted a posterior chamber intraocular lens that was set for distance visual correction, instead of near visual correction as planned, into the right eye of Patient G.P. Prior to performing the surgical procedure, the Respondent did not obtain Patient's G.P's consent to implant an intraocular lens that was set for distance visual correction in the right eye. ti. On or about June 25, 2004, the Respondent noted in the medical records that he had a conversation with the referring optometrist wherein it was conveyed to the Respondent that Patient G.P, complained that she was unable to read at near distance. The Respondent noted that upon reviewing the chart, it was apparent that the lens selected and implanted by the Respondent on june 14, 2004 for the right eye was set for distance correction, instead of the intended near distance correction. 12.-"Fhereafter, the Respondent contacted Patient GP, and explained that the lens inserted was set for distance and not near as was intended, The Respondent explained to Patient G.P. that an option was to exchange the lens implanted for the correct lens, to use a contact lens to correct her vision deficiencies, or to utilize corrective lenses. 13. Rule 64B8-9.007(2)(b), Florida Administrative Code states that: Mark Drasner, M.D, DOH Case No, 2004-28185 3 }:\PSU\Medical\William Miller\Cases\Dresner 2004-28:185\Dresner. Administrative Complaint.dac Jun 13 2006 11:41 Jun 13 2006 11:40 P. O06 Except in life-threatening emergencies requiring immediate resuscitative measures, once the patient has been prepared for the elective surgery or procedure and the surgical team has been gathered in the operating room and immediately prior to the initiation of any surgical procedure, the surgical team will pause and the operating physician will verbally confirm the patient’s identification, the intended procedure and the correct surgical/procedure site. The operating physician shall not make any incision or perform any surgery — or procedure prior to performing this required confirmation. The notes of the procedure shall specifically reflect when this confirmation procedure was completed and which personnel on the surgical team confirmed each item. This requirement for confirmation applies to physicians performing procedures either in office settings or facilities licensed pursuant to Chapter 395, Florida Statutes, and shall be in addition to any other requirements that may be required by the office or facility, 14. On or about June 14, 2004, the Respondent did not pause prior to performing Patient G.P’s surgery, and failed to verbally confirm the intended procedure as contemplated in the aforementioned rule. COUNT ONE 15. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 16. Section 456.072(1)(aa), Florida Statutes (2003), provides that performing or attempting to perform health care services on the wrong Mark Dresner, M.D. DOH Case Na. 2004-28185 4 2:\PSU\Madical\ William Miller\Cases\Dresner 2004-28185\Dresner. Administrative Complaint.dec Jun 13 2006 11:41 Jun 13 2006 11:40 P.O7 patient, wrong-site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient's diagnosis or medical condition constitutes grounds for disciplinary action by the Board of Medicine. 17. The Respondent performed a wrong procedure on Patient GP, when he implanted a posterior chamber intraocular lens set for distant visual correction, instead of the intended, planned and ordered intraocular lens set for near visual correction. 18. Based on the foregoing, Respondent has violated Section 456,072(1)(aa), Florida Statutes (2003), by performing a wrong procedure, which constitutes grounds for disciplinary action by the Board of Medicine. COUNT TWO 19, - Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 20. ~Section 458.331(1)(p); “Florida Statutes (2003), provides that performing professional services which have not been duly authorized by the patient or client, or his or her legal representative constitutes grounds for disciplinary action by the Board of Medicine. 21. Respondent failed to obtain Patient G.P’s consent prior to implanting a posterior chamber intraocular lens set for distant visual Mark Drasner, M.D. DOH Case No. 2004-28185 5 2:\PSU\Medical\William Miller\Cases\Dresner 2004-28185\DresnerAdministrative Complaint.doc Jun 13 2006 11:42 Jun 13 2006 11:40 P. 08 correction, instead of the intended, planned and ordered intraocular Jens set for near visual correction, 22. Based on the foregoing, Respondent has violated Section 458.331(1)(p), Florida Statutes (2003), by implanting a posterior chamber intraocular lens set for distant visual correction without prior patient consent. COUNT THREE 23, Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 24. Section 458.331(1)(nn), Florida Statutes (2003), provides that violating any provision of Chapter 458 or Chapter 456, or any ‘rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board of Medicine. 25. The Respondent failed to comply with Rule 6488-9.007(2)(b), Florida Administrative Code, by failing to ensure that the “Pause Rule” was implemented and followed prior to performing the operative procedure in this matter, 26. Basad on the foregoing, Respondent has violated Section 458.331(1)(nn), Florida Statutes (2003), by failing to comply with Rule 64B8-9.007(2)(b), Florida Administrative Code, as set forth above. Mark Drasnet, M.D. DOH Case No, 2004-28185 2;\PSU\Medical\William Miller\Cases\Dresner 2N04-28185\Presner. Administrative Complaint.doc Jun 13 2006 11:42 Jun 13 2006 11:41 P.09 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. SIGNED this__/3___ day of Fic / , 2005. John ©. Agwunobi, M.D., M.B.A., M.P.H, » Secretary, Department of Health William F Miller Assistant General Counsel Florida Bar # 0421080 ERLED DOH, Prosecution Services Unit DEPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin C-65 Prieke aK, -- “Tallahassee, FL'32399-3265 CLERK (850) 414-8126 pare AJ IN OS (850) 414-1989 FAX Reviewed and approved by: < (initials) 4 | 4 | oy (date) PCP: April 8, 2005 | PCP Members: Fuad Ashker; MD. (Chairpersm), RaghmendraViiayanagar, MD, ond Coha Beebe Mark Dresner, M.D, DOH Case No. 2004-28185 7 :A\PSU\Medical\William Miller\Cases\Dresner 2004-28185\Dresner. Administrative Complaint.doc Jun 13 2006 11:42 Jun 13 2006 11:41 P.10 Mark Dresner, M.D. DOH Case No. 2004-28185 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. Mark Dresnet, M.D, DOH Case No. 2004-28185 8 }:\P5U\Medical\William Miller\Cases\Dresner 2004-28185\DresnerAdministrative Complaint.doc

Docket for Case No: 06-002041PL