Oct 16 2006 16:32 1a/16/28686 16:26 8584146749 DEPR OGA PAGE 83/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF VETERINARY MEDICINE . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case No. 2005-05913 1 RICHARD RUBINSTEIN, D.V.M., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner") files this Administrative Complaint before the Board of Veterinary Medicine against RICHARD RUBINSTEIN, 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 veterinatian, having been issued license number VM 6153. 3, Respondent's address of record is 1490 Tuscawilla Road, Oviedo, Florida 32765. 4. On or about September 9, 2005, Respondent was presented with an eleven year male toy poodle, “Rusty,” which was to be boarded for approximately ten days while the owner, Mr, Bill M. Harrison, was on vacation. Oct 16 2006 16:32 1a/16/28686 16:26 8584146749 DEPR OGA PAGE @4/ae 5. While “Rusty” was boarded with the Respondent, an unidentified staff member noticed blood in the animal’s urine. 6. While being boarded, Respondent diagnosed “Rusty” as having a bladdet infection. Respondent treated “Rusty” with antibiotics, without obtaining prior consent from Mr. Harrison. 7. Medical records fail to make any mention of any physical examination of the animal prior to the diagnosis of the bladder infection. 8. Medical records fail to make any mention of any laboratory tests which wete performed on the patient. 9. While under the Respondent's care, “Rusty” was x-tayed revealing a calcified tumor in the animal’s bladder. 10. Based on the diagnosis and cost of treatment, Rusty’s owners elected to euthanize Rusty. | 11, Onor about September 22, 2005, Complainant returned with “Rusty” to have him euthanized by Respondent. 12. On September 22, 2006, Respondent ignored the requests of the Complainant, and preformed a ceiliotomy and a cystomy on “Rusty” to remove the calcified tumor from the animal’s bladder. 13. Atno time material hereto did Rusty’s owners authorize Respondent to perform a ceiliotomy and/or a cystomy on Rusty. 14. Post-operatively, Respondent failed to have the mass identified by histopathology. 15. Post-operatively, Respondent disposed of the mass without first offering Rusty’s owners the ability to test the mass. Oct 16 2006 16:32 1a/16/28686 16:26 8584146749 DEPR OGA PAGE @5/@8 16. Rule 61G18-18.002(1), Florida Administrative Code, states that “there must be an individual medical record maintained on every patient examined or administered to by the veterinarian except as provided in (2) below, for a period of not less than three years after date of last entry. The medical records shall contain all clinical information pertaining to the patient with sufficient information to justify the diagnosis or determination of health status and warrant any treatment recommended ot administered. 17. Rule 61G18-18.002(3), Florida Administrative Code, requires that “[m]edical records shal] be contemporaneously written and include the date of each service performed. They should contain the following information: name of owner or agent, patient identification, record of any vaccinations, complaint or reason for provision of services, bistory, physical examination, any present illness or injury noted, provisional diagnosis or health status determination.” 18. Rule 61G18-18.002(4), Florida Administrative Code, states that “(medical records shall contain the following information if these services are provided or occur during the examination or treatment of an animal or animals: Radiographs and their interpretation, Consultation, Treatment — medical, surgical, Hospitalization, Drugs prescribed, administered, or dispensed, Tissue examination report. COUNT ONE 19. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through eighteen (18) as though set forth herein. 20. Section 474.214(1)(ee), Florida Statutes, states the following shall constitute grounds for disciplinary action “(flailing to keep contemporaneously wiitten medical records as required by rule of the beard.” Oct 16 2006 16:33 1a/16/28686 16:26 8584146749 DEPR OGA PAGE 86/88 21, Based on the foregoing, Respondent violated section 474.214(1)(ee), Florida Statutes, by failing to keep adequate medical records during the treatment of “Rusty.” Respondent is therefore subject to discipline by the Board of Veterinary Medicine pursuant to section 474.214(2), Florida Statutes. COUNT TWO 22. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through eighteen (18) as though set forth herein. 9% Section 474.214(1)(), Florida Statutes, states the following shall constitute grounds for disciplinary action “[p]erforming or prescribing unnecessary or unatthorized treatment.” 24. Based on the foregoing, Respondent violated section 474.214(1)(), Florida Statutes, by performing an unauthorized enema on “Rusty,” Respondent is therefore subject to discipline by the Board of Vetermary 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: revoeation ot suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine not to exceed $5,000 per violation, issuance of a reprimand, placement of ihe 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. Oct 16 2006 16:33 1a/16/28686 16:26 8584146749 DEPR OGA PAGE @7/ae Signed this SbF day of Cuts ot , 2006. Assistant General Counsel Case # 2005-059131 "he Counsel for the Department: . F | of Business and Professto AGENCY CLERK hatin Drew F. Winters Department nal Rea Assistant General Counsel Flotida Bar Number 0679941 Department of Business and Professional Regulation curk Saqndn ft . W ae orn, Office of the General Counsel . | u . Z 1940 North Monroe Street DATE Tallahassee, FL 32399-2202 DFW /jip 7 June 2006 pe date TM -bte

Docket for Case No: 06-004031PL