Oct 23 2006 10:45 OCT-23-2086 18:55 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO, 2006-10191 JOSEPH DELUCA, D.O., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Osteopathic Medicine against Respondent, Joseph Deluca, D.O., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of osteopathic medicine pursuant ‘to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 459, Florida Statutes. 2. At all times material to this Complaint, Respondent was a ‘licensed osteopathic physician within the State of Florida, having been issued license number OS 6712. gooz 9 T ONW OCT-23-20 1s Oct 23 2005 10:46 3. Respondent’s address of record is 7522 Wiles Road, Suite 106B, Coral Springs, Florida 33067. 4. On or about April 11, 2006, Department of Health investigators Shuman Lucas (“Lucas”) and Alan Miller, R. Ph. (Miller”), presented to The Doctor’s Office, in Coral Springs, Florida, to conduct a routine inspection of the facility. 5. Respondent is a Dispensing Practitioner at The Doctor’s Office. 6. | When Lucas and Miller met with the Respondent, they notified the Respondent that they were conducting a routine inspection of Respondent's Dispensing Practitioner practice. 7. Lucas and Miller then requested Respondent to show them his osteopathic physician's license. Respondent left and went into another room to try and find his license. Shortly thereafter, Respondent returned and told Lucas and Miller that he could not find his license. However, Respondent had his wallet card license that had expired on March 31, 2006. , 8. Miller and Lucas mentioned to Respondent that his wallet card license had expired and requested Respondent to show them his renewal registration certificate license. Respondent went into another room to try ge 2 JAPSU\Medical\bleke\Osteo\ACs\Deluca-J.2006-1019} (mad inspection).doc Oct 23 200 : OCT-23-2086 18:55 e font to locate it, returned and stated to Miller and Lucas that he could not find it. 9, Respondent's demeanor then changed dramatically from friendly to confrontational. Respondent yelled “Why are you looking at me like that,” to Miller and Lucas. 10. Respondent began to shout profanities at Lucas and Miller. Respondent also became aggressive and clenched his fists. Respondent put one of his fists into his mouth as if to bite it. 41. Miller and Lucas then stated to Respondent that the state inspection was over. Miller and Lucas walked out of The Doctor’s Office and as they were walking out, Respondent continued to shout at Lucas and Miller. 12. Miller and Lucas were unable to finish the inspection before being forced to leave by the Respondent's actions. COUNT ONE 13. Petitioner re-alleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 14. Section 456.072(1)(r), Florida Statutes (2005), provides that improperly interfering with an investigation or inspection authorized by Page 3 JAPSU\Medical\plake\Osteo\A Cs\Deluca.J.2006-10191 (mad inspeetion).doc Oct 23 2006 10:47 OCT-23-2886 18:56 statute, or with any disciplinary proceeding is grounds for disciplinary action by the Board of Osteopathic Medicine. 15. Section 456.069, Florida Statutes (2005), states that duly authorized agents and employees of the department shall have the power to inspect in a lawful manner at all reasonable hours any establishment at which the services of a licensee authorized to prescribe controlled substances specified in chapter 893 are offered. 16. Respondent improperly interfered with the Department’s inspection on or about April 11, 2006, by becoming confrontational, by becoming aggressive, by yelling or by shouting obscenities at the Department's investigators, which caused them to terminate the inspection before it was completed. 17. Based upon the foregoing, Respondent violated Section 456.072(1)(r), Florida Statutes (2005), by improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. COUNT TWO 18. Petitioner re-alleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. Page 4 JAPSU\MedicaNblake\Osteo\ACs\Deluca.J.2006-10191 (med inspection).doc OCT-23-2686 16°56 Het 29 2006, 10:4 19. Section 459.015(1)(pp), Florida Statutes (2005), provides that violating any provision of this chapter, Chapter 456, or any rules adopted pursuant thereto constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. 20. Section 456.036(1), Florida Statutes (2005), states that a licensee may practice a profession only if the licensee has an active status license. A licensee who practices a profession with an inactive status license, a retired status license, or a delinquent license is in violation of this section and s. 456.072, and the board, or the department if there is no board, may impose discipline on the licensee. 21. Between on or about April 1, 2006, when Respondent's license was placed into a delinquent status, through on or about April 11, 2006, when the Department's investigators attempted to perform a routine inspection, Respondent was practicing osteopathic medicine with a delinquent status license. Respondent's license was not reinstated from delinquent status to a clear status by the Board of Osteopathic Medicine until on or about May 3, 2006. 22. Based upon the foregoing, Respondent violated Section 459.015(1)(pp), Florida Statutes (2005), for violating any provision of this Page 5 J:\PSU\Medical\blake\Osteo\ACs\Deluca.J,.2006-1019 1] (rad inspection).doc OCT-23-2886 18:56 Oct 23 2006 10:47 chapter, Chapter 456, or any rules adopted pursuant thereto through a violation of Section 456.036(1), Florida Statutes (2005), for practicing osteopathic medicine with a delinquent license. WHEREFORE, Petitioner respectfully requests that the Board of Osteopathic 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 [6 day of hat , 2006. DEPARTMENT or EHEALTH ole GI whcteli. n DATE A MLC iC y pcp: 8/1) 10 M. Rony Francojs, M.D., M.S.P.H., Ph.D Hy De il ment ‘of Health j,/ Blake Hunter Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 0570788 (850) 245-4640 (850) 245-4683 FAX PCP Members: Kautinan + Anorole Page 6 J:\PSU\Medical\blake\Osteo\A Ca\Deluca.J.2006-10191 (mad inspection).doc Oct 23 2006 10:48 OCT-23-2686 18:57 P.1a Reviewed and approved by: (initials) 08 l6-Uo (date) 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. Page 7 JAPSU\Medicalblake\Osteo\A Cs\Deluca.J.2006-101 91 (mad inspection).doc

Docket for Case No: 06-004128PL