Now 14 2006 14:05 Nov 14 2006 15:01 PLO5 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2004-14621 SERGE VILVAR, 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 Medicine against Respondent, Serge Vilvar, 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 ME 78304. Department of Health v. Serge Vilvar Case # 2004-14621 =-|- M02 i £ AV Now 14 2006 14:05 Nov 14 2006 15:01 P. O06 3. Respondent's address of record is 1380 North Miami Gardens Drive, Suite 242, North Miami Beach, FL 33179. 4. Respondent is board certified in Psychiatry, Neurology, and Family Practice. | 5. On or about October 7, 2002, the Respondent began treating Patient A.M. for.an HIV infection. 6. The Respondent initially advised Patient A.M. to continue with his current medications and to return after he had received - diagnostic blood work, 7. The Respondent began Patient A.M, on IVIG infusion therapy on October 11, 2002. The therapy was recommended to help prevent opportunistic infections in Patient A.M, 8. After January 17, 2003, the Respondent stopped documenting Patient A.Ms physical examinations and complaints. After January 17, 2003, all medical records consist only of infusion therapy records, which provide no documented examinations or evaluations of Patient A.M’s condition or any mention of his diagnostic tests. Department of Health v. Serge Vilvar Case # 2004-14621 -?2- Now 14 2006 14:05 Nov 14 2006 15:01 P.O? 9. The Respondent also continued to perform the: IVIG treatment on Patient A.M. without any type of diagnostic blood: work to determine the effectiveness of or to determine any potential complications from Patient A.M/s IVIG treatment. 10. From on or about April 2, 2003 until on or about August 27, 2003 Patient A.M. continued receiving the IVIG therapy with no records documenting his physical examination nor evaluating his diagnostic tests, — 11. On or about January 17, 2003 the Respondent documented that Patient A.M. suffered from anemia yet never followed up with any treatment for that condition. The Respondent did not address any of Patient A.M.’s abnormal blood tests, which were completed on or about April 17, 2003; April 21, 2003; and August 13, 2003. | COUNT | 12. Petitioner re-alleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 13. Section 458,331(1)(t), Florida Statutes (2002), provides that gross and repeated malpractice or the failure to practice Department of Health v, Serge Vilvar Case # 2004-14621 -3- Now 14 2006 14:05 Nov 14 2006 15:01 P. 08 medicine with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, constitute grounds for disciplinary action by the Board of Medicine. 14. Respondent failed to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar circumstances, in one or more of the following ways: (a) By failing to document his evaluations: and observations regarding Patient A.M.’s HIV infection; (b) By not documenting that. Patient A.M. was not receiving any type of similar treatment elsewhere; (c) By failing to evaluate Patient A.M’s abnormal blood tests and offer an appropriate treatment or referral; (d) By failing to monitor and evaluate Patient A.M.’s anemia and provide an appropriate treatment or referral. 15, Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes (2003), by failing to practice medicine Department of Health v, Serge Vilvar Case # 2004-14621 4. Now 14 2006 14:05 Nov 14 2006 15:02 P.09 with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. COUNT II 16. Petitioner rée-alleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. , 17. Section 458.331(1)(m), Florida Statutes (2003), provides that failing to keep legible, medical records that identify the licensed physician or the physician extender and supervising physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and 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. 18. That Respondent failed to maintain medical records that documented the examinations of Patient A.M., failed to maintain any justification for the ongoing IVIG treatment, and to document and/or address the abnormal test results of Patient A.M. Department of Health v, Serge Vilvar Case # 2004-14621 -5- Now 14 2006 14:06 Nov 14 2006 15:02 P.10 19, Based upon the foregoing, 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 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 _J//- _ day of bie. ___, 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D, Secretary, Department of Health FILED a DEPARTMENT OF HEALTS = 3 Warren James Pearson D OLERK CLERK 3 Mek — Assistant General Counsel DATE 31-0 Florida Bar No. 0711578 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 (850) 245-4640 ext 8141 (850) 245-4681 FAX PCP; May db, Look PCP MEMBERS: E)-Bahan, Fae mer Department of Health v. Serge Vilvar Case # 2004-14621 -6- Now 14 2006 14:06 Nov 14 2006 15:02 P.11 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, TI RDI SSME 8] 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. Department of Health v, Serge Vilvar Case # 2004-14621 ~7-

Docket for Case No: 06-004564PL