STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, - ve CASE NO. 2002-29691 FARAMARZ MEMARY, M.D., RESPONDENT. ee 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, Faramarz Memari, 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 '77290. 90d éetll 9008 @ AON Of:0T 900¢ @ AN 3, Respondent's address of record is 588 Rio Casta Drive, North, Indialantic, Florida 32903. 4. On or about January 13, 2003, Respondent was charged in a Thirty-two (32) Count Information in case number 02-65189-CFA in the Circuit Court of the Eighteenth Judicial Circuit in and for Brevard County, Florida, with Unlawful Sexual Activity with a Minor, Child Abuse, Possession of Material Depicting Sexual Conduct by a Child and Contributing to the Delinquincy or Dependency of a Minor in violation of Section 794.05(1), Florida Statutes, Section 827.03(1), Florida Statutes, Section 827.071(2), Florida Statutes, and 827.04(1)(a), Florida Statutes, 5. The Information alleged that the Respondent engaged in sexual activity with a minor who was a patient in the Respondent’s medical practice. 6. On or about July 24, 2003, Respondent entered a plea of nolo contendre to Counts One (1) and Two (2) and Thirty-two (32) for violating Sections 794.05 (1) Florida Statutes and Section 827.04(1)(a), Florida Statutes, in case number 02-65189-CFA in the Circuit Court of the Eighteenth Judicial Circuit in and for Brevard County, 90 ‘d éetll 9008 6 “ON Te:07T 39002 ¢@ ACN on os 7% Onor about July 24, 2003, Respondent was sentenced to five (5) years supervised probation, ordered to undergo psychiatric treatment, and ordered to have no contact with minors under 18 years of age unless supervised by a parent including any adult bringing a new patient for treatment or other health care. . 8. The crimes for which the Respondent pled nolo contendre are crimes that occurred in the course of Respondent's practice of medicine. Therefore these crimes are directly related to the practice of medicine or to the ability to practice medicine, 9. The qualities that are essential to the practice of medicine include reliability, honesty, and good moral character. The crimes for which the Respondent pled nolo contendre demonstrate that the Respondent lacks these essential qualities. By demonstrating that the Respondent lacks these essential qualities, Respondent's crimes relate to the ability to practice. medicine by showing that he is not worthy to be entrusted with the privileges and authority vested in those who are licensed to practice medicine. é0‘d éetll 9008 @ AON TE:0T 9002 2 AON oo com 10, The Respondent failed to report in writing the aforementioned conviction to the Board of Medicine within 30 days of date of the conviction. COUNT ONE 11. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 12. Section 458.331(1)(c), Florida Statutes (2002), provides that being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to practice medicine, constitutes grounds for disciplinary action by the Board of Medicine. 13. Respondent's conviction of Aggravated Assault and Contributing to a Minor directly relates to his practice of medicine and to his ability to practice medicine. 14, Based on the foregoing, Respondent has violated Section 458.331(1)(c), Florida Statutes (2002), by being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to practice medicine. 80 ‘d éetll 9008 @ AON Te:07T 39002 ¢@ ACN COUNT TWO 15. Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth in this count. 16. 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. Specifically Section 456.072(1)(w), Florida Statutes (2003), provides that failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or. found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction, constitutes ground for disciplinary action. ) 17. Respondent failed to report to the Board of Medicine his conviction within 30 days of date of the conviction. 18. Based on the foregoing, Respondent has violated Section 458.331(1)(nn), Florida Statutes (2003), by violating Section 456.072(1)(w), by failing to report to the board, or the department if there is no board, in writing within 30 days after the Respondent has been 60d BetlLL 9008 6 AON Te:07T 39002 ¢@ ACN convicted of found guilty of, or entered a plea of nolo contendere to, regardiess of adjudication, a crime in any jurisdiction. 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 Wo! tay of VV ee , 2003. FILED DEPARTMENT OF HEALTH GEPUTY CLERK CLERK Ol‘d BetlLL 9008 6 AON TE:0T 9002 2 AON DATE 3129 | AC ebontan John ©. Agwunobi, M.D., M.B.A, Secretary, Department of Health wa eae Susan Salamy Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0648809 (850) 414-8126 (850) 414-1991 FAX SS/bfb . Reviewed and approved by: zsy~t- (initials) wes 0% (date) PCP: march 26, 2004 PCP Members: gl-pahri, vijayanagar, Dyches Faramarz Memari, M.D., Case No. 2002-29691 Lk *d BetlLL 9008 6 AON es:oT 900¢ @ AN 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. Faramarz Memari, M.D., Casé No. 2002-29691 él‘d BetlLL 9008 6 AON es:oT 900¢ @ AN

Docket for Case No: 06-004235PL