Sep 14 2006 9:18 Sen 14 2006 9:15 PL Od "STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2006-15753 MARK D. SCHREIBER, M.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medlicine against the Respondent, Mark D. Schreiber, 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. Respondent's address of record is 101 SE 27" Avenue, Boynton Beach, FL 33435, 3. Respondent is board certified in Plastic Surgery. Mark D. Schrelber, MD, Case 2006-15753 1 Sep 14 2006 9:18 Sep 14 2006 9:16 P.O5 4. At all times materia! to this complaint, Respondent was a licensed physician within the State of Florida, having been issued license number 51335. 5. At all times material to this case, Respondent, alone or with one or more partners, Owned and operated the Plastic Surgery Art Center (“Center”). October 12, 2005 Emergency Order 6 Onor about October 12, 2005, the Secretary of the Department of Health issued an Order of Emergency Suspension of License (“ESO”), suspending Respondent's license to practice medicine. Concurrently with the ESO, the Department of Health issued an order compelling a mental and physical examination of the Respondent. 7. On or about October 17, 2006, the ESO was hand served on Respondent's counsel. Respondent notes in the patient medical records in this case stated that he received notification of the Suspension Order on or about October 18, 2005, at 4 P.M. 8. On or about October 28, 2005, the Department received the final, written evaluation. conducted pursuant to the Department's order. In Mark D. Schreiber, MD, Case 2006-15753 2 Sep 14 2006 9:18 Sep 14 2006 9:16 P. O06 that evaluation, the Evaluator opined that Respondent was not impaired and did not exhibit a drug abuse problem. 9. On or about November 2, 2005, Respondent entered into a voluntary restriction of his practice agreeing that he would not “carry out any form of patients’ evaluation unless another healthcare provider is present throughout the evaluation,” and that he would “not be alone with any patient that is present in his office or any location for any kind of medical evaluation, treatment, or examination.” 10. On or about November 10, 2005, in light of the voluntary restriction and the evaluation indicating that Respondent did not suffer from an ongoing impairment that rendered him unsafe to practice, the Secretary of the Department issued an order lifting the suspension, subject to the restriction stated in the voluntary agreement. Facts relating to Patient J.A. 11. On or about October 17, 2005, Patient J.A. presented to Respondent for plastic. surgery, including liposuction, revision of a scar contracture, lip enhancement, peri-oral sanding, and a breast lift and reduction. The surgery was performed that afternoon and the patient Mark D, Schreiber, MB, Case 2006-15753 3 Sep 14 2006 9:18 Sep 14 2006 9:16 P.O? remained overnight at the Center and was seen by Respondent at 7:30 A.M. on October 18, 2005. 12. Respondent’s medical records for Patient J.A. contained a hand written note dated and timed as October 18, 2005, 4 P.M., and initialed by Respondent. The note acknowledged notification of the Secretary's - Emergency Suspension Order and stated that he advised Patient J.A. that until the suspension was resolved, continuity of her care would need to be with another plastic surgeon and stated that he supplied her with names. 13. Respondent’s mecical records for Patient J.A. also contained hand written: notes dated as October 24, 2005, and November 3, 2005, and signed, “C. Albelo, MA”. These notes indicated suture removal by the medical assistant and stated the patient voiced a desire to continue to be treated by Respondent. There are no other progress notes in Patient J.A.‘s file until a visit on November 10, 2005, at which time the ESO had been lifted and the care was provided by Respondent. | 14. Patient J.A. advised the Department that from October 17, 2005 to November 11, 2005, she first had the surgery and then from five to seven post-operative care visits with Respondent. She stated that he, not the medical assistant, removed sutures and provided other medical care and Mark D. Schreiber, MD, Case 2006-15753 4 Sep 14 2006 9:18 Sep 14 2006 9:16 P. 08 treatment during that timeframe. She stated that he never advised her of the suspension or provided names of other physicians and on several dates between October 18 and November 11, 2005, he personally changed her surgical dressings. 15. Patient J.A.’s mother has advised the Department that she accompanied Patient 1A, to several of the post-operative visits, including those on October 20 and 21, 2005. Her mother stated that she was with Patient J.A. during the treatment and it was Respondent who removed stitches, removed fluids from a drain in Patient J.A.’s abdomen and provided other medical care. Patient J.A.’s mother stated that she accompanied her daughter to another visit with Respondent in late October 2005. 16. Respondent made or caused to be made, misleading, deceptive, fraudulent or false statements in Patient J.A.’s medical records, 17, On one or more occasion from October 18, 2005 to November 9, 2005, Respondent was practicing medicine in violation of the Emergency Suspension Order. COUNT I 18. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. Mark D. Schreiber, MD, Case 2006-15753 5 Sep 14 2006 «99:19 Sep 14 2006 9:16 P.09 19. Section 456,072(1)(a), Florida Statutes (2005), provides that making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee's profession, constitutes grounds for disciplinary action by the Board of Medicine. 20. Respondent made misleading, — deceptive, or fraudulent representations in or related to the practice of the licensee's profession by personally writing on October 18, 2005, or directing his medical assistant to write on October 24, 2008, and November 3, 2005, and signed by “C, Albelo, MA," misleading, deceptive, or fraudulent statements into Patient J.A's medical file, 21. Based on the foregoing, Respondent’ has violated Section 456.072(1)(a), Florida Statutes (2005), by making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee's profession. COUNT II 22. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein, 23. Sections 456,072(1)(k) and Section 458,331(1)(g), Florida Statutes (2005), provides that failing to perform any statutory or legal Mark D, Schreiber, MD, Case 2006-15753 6 Sep 14 2006 «99:19 Sep 14 2006 9:16 P.10 obligation placed upon a licensee constitutes grounds for disciplinary action by the Board of Medicine. | 24. Respondent failed to perform a statutory or legal obligation placed upon a licensee by performing medical services for Patient J.A. between October 18, 2005, and November 9, 2005, during the time when his Florida medical license was suspended. 25. Based on the foregoing, Respondent has violated Sections 456.072(1)(k) and Section 458.331(1)(g), Florida Statutes (2005), by failing to perform any statutory or legal obligation placed upon a licensee, COUNT III 26. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 27. Section 456.072(1)(0), Florida Statutes (2005), provides that practicing or offering ‘to practice beyond the scope permitted by law constitutes grounds for disciplinary action by the Board of Medicine. 28. Respondent: was practicing or offering. to practice beyond the scope permitted by law by performing medical services for Patient J.A. between October 18, 2005 and November 9, 2005, during the time when his Florida medical license was suspended, Mark D, Schrelber, MD, Case 2006-15753 7 Sep 14 2006 «99:19 Sep 14 2006 9:16 P.11 29. Based on the foregoing, Respondent has violated Section 456.072(1)(0), Florida Statutes (2005), by practicing or offering to practice beyond the scope permitted by law. , COUNT Iv 30. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein, 31. Sections 456.072(1)(q) and 458,.331(1)(x), Florida Statutes (2005), provides that violating a lawful order of the department or the board constitutes grounds for disciplinary action by the Board of Medicine. 32, Respondent violated a lawful order of the department or the board by performing medical services for Patient J.A. between October 18, 2005 and November 9, 2005, during the time when his Florida ‘medical license was suspended. 33. Based on the foregoing, Respondent has violated Sections 456, $.072(1)(q) and 458, 331(1)(x), Florida Statutes (2005), by violating a lawful order of the department or the board. COUNT V 34. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. Mark D. Schreiber, MD, Case 2006-15753 8 Sep 14 2006 «99:19 Sep 14 2006 9:17 P.12 35. Section 456.072(1)(n), Florida Statutes (2005), provides that improperly interfering with an investigation or with any disciplinary proceeding, constitutes: grounds for disciplinary action by the Board of Medicine. 36. Section 458.331(1)(gg), Florida Statutes (2005), provides that misrepresenting or concealing a material fact at any time during any phase of disciplinary process or procedure, constitutes grounds for disciplinary action by the Board of Medicine, 37. Respondent improperly interfered with an investigation or with any disciplinary proceeding, or misrepresented or concealed a material fact during any phase of disciplinary process or procedure by personally writing on October 18, 2005, or. directing his medical assistant to write on October 24, 2005, and November 3, 2005, and signed by “C. Albelo, MA,” misleading, deceptive, fraudulent or false statements into Patient J.A.s medical file. 38. Based on the foregoing, Respondent has violated Sections 456.072(1)(r) and/or 458,331(1)(9g), Florida Statutes (2005), by improperly interfering with an investigation or with any disciplinary proceeding and/or misrepresented or concealed a material fact during any phase of disciplinary process or procedure. Mark D. Schreiber, MD, Case 2006-15753 9 Sep 14 2006 9:20 Sep 14 2006 9:17 P.13 COUNT VI 39, Petitioner realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 40. Section 458.331(1)(h), Florida Statutes (2005), provides that making or filing a report which the licensee knows to be false constitutes grounds for disciplinary action by the Board of Medicine, 41, Respondent made or filed a report which the licensee knows to be false by personally writing on October 18, 2005, or directing his medical assistant to write on October 24, 2005, and November 3, 2005, and signed by “C. Albelo, MA,” false statements into Patient J.A.'s medical file. 42. Based on the foregoing, Respondent has violated Section 458.331(1)(h), Florida Statutes (2005), by making or filing a report which ‘the licensee knows to be false, : COUNT VII 43. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 44.. Section 458.331(1)(t1, Florida Statutes, provides that committing medical malpractice constitutes grounds for disciplinary action by the Board of Medicine. Medical Malpractice is defined in Section 456.50, Mark D. Schreiber, MD, Case 2006-15753 10 Sep 14 2006 9:20 Sep 14 2006 9:17 P14 Florida Statutes, to mean the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. For purposes of Section 458.331(1)(H)1, Florida Statutes, the Board shall give great weight to the provisions of Section 766.102, Florida Statutes, which provide that the prevailing professional | standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. 45. Respondent failed to practice medicine within the prevailing professional standard of care in one or more of the following ways: a. — By performing post-operative care for Patient JA. between October 19, 2005 and November 9, 2005, when his license was suspended; b. By failing to maintain medical records that adequately justify the course of treatment for Patient J.A, by making or causing to be made by the medical assistant, false entries in the medical records. 46. Based on the foregoing, Respondent has violated Section 458.331(1)(t)1, Florida Statutes (2005), by committing medical malpractice by failing to practice medicine in accordance with the level of care, skill, and Mark D, Schreiber, MD, Case 2006-15753 i Sep 14 2006 9:20 Sep 14 2006 9:17 P.15 treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. | COUNT VIIT 47. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 48. Section 458,331(1)(m), Florida Statutes (2005), provides that failing to keep legible medical records that justify the course of treatment of the patient, including, but not limited to, patient histories: examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations, constitutes grounds for disciplinary action by the Board of Medicine, 49. Respondent failed to keep legible medical records justifying the course of treatment in one or more of the following ways: a. By making or causing to be made by the medical assistant, misleading, deceptive, fraudulent or false entries in the medical records; b. By failing to accurately document Patient J.A, several post- operative visits and treatment. Mark D. Schreiber, MD, Case 2006-15753 12 Sep 14 2006 9:20 Sep 14 2006 9:17 P.16 90. Based oni the foregoing, Respondent violated Section 458.331(1})(m), Florida Statutes (2005), by failing to keep legible medical records that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. : NTI 51. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein, 52. Section 458.331(1)(nn), Florida Statutes (2005), 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. Section 458.327(1)(b), Florida Statutes (2005), provides that the use or attempted use of a license which is suspended or revoked to practice medicine is a felony of the third degree. 53. Respondent | violated a provision of Chapter 458 by violating Section 458.327(1)(b), Florida Statutes, by using or attempting to use a suspended license when he practiced medicine by treating Patient JA. between October 18 and November 9, 2005. Mark D. Schretber, MD, Case 2006-15753 13 Sep 14 2006 9:21 Sep 14 2006 9:18 PL? 54, Based on : the foregoing, Respondent violated Section 458.331(1)(nn), Florida Statutes (2005), by Violating any provision of Chapter 458 or Chapter 456, or any rules adopted pursuant thereto. 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, remectal education and/or any other relief that the Board deems appropriate. SIGNED this _/ 7 x day of Hg be. J , 2006, M. Rony Francois, M.D., M.S.P. H., Ph.D, Secretary, Department of Health - ILED TH DerePUTY Genk . CLERK; ' By: Irving Leviffe DATE “fe iten Assistant General Counsel DOH-Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 Fiorida Bar # 0822957 (850) 245-4640 X8128 (850) 245-4680 fax PCP; Aone st va s 2666 PCP Members: 5 {-Bahei ond Vi is yaa age!) Mark D, Schreiber, MD, Case 2006-15754 L D yune $. mp Sep 14 2006 9:21 Sep 14 2006 9:18 P.18 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 D. Schreiber, MD, Case 2006-15753 15

Docket for Case No: 06-003477PL