Petitioner: DEPARTMENT OF HEALTH
Respondent: VENU GOPAL MENON, M.D.
Judges: CHARLES C. ADAMS
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Dec. 08, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 28, 2007.
Latest Update: Dec. 22, 2024
Ne —_?)
STATE OF FLORIDA
Division of Administrative Heatings
DEPARTMENT OF HEALT an
DEPARTMENT OF HEALTH, F | [ | FE L
PETITIONER, pate_|'C-8-OY
v. CASE NO, 2005-52525
VENU GOPAL MENON, M.D.,
RESPONDENT.
/
eee
ADMINISTRATIVE COMPLAINT
COMES NOW, Petitioner, Department of Health, by and through its
undersigned counsel, and files this Administrative Compiaint before the
Board of Medicine against Respondent, Venu Gopal Menon,-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 Jicense
number ME 32166.
WY ro)
3. The Respondent is board certified in Anesthesiology and Pain
Management.
4. Respondent's address of record Is 610 Boxwood Court, Toy, OH
45373.
5. The Nebraska Department of Health and Human Services
Regulation and Licensure (hereinafter “Nebraska Department”) is the
licensing authority regulating the practice of medicine in the State of -
Nebraska. ) :
6. On or about April 6, 2005, the Nebraska Department issued an
Order -on’ Agreed Settlement adopting a settlement which ‘required the
‘Respandent to voluntarily surrender his license to practice medicine in the
State of Nebraska for a minimum period of two (2) years in lieu of
disciplinary proceedings. As part of the agreed settlement, the Respondent
also.acknowledged that reinstatement of his medical license ‘after the two .
(2) year minimum is at the discretion of the Nebraska Department and
subject to the approval of the Board of Medicine and Surgery.
7. The voluntary surrender of the Respondent's license in lieu of
disciplinary proceedings by the Nebraska Department constitutes action
against Respondent's license to practice medicine in the State of Nebraska.
J:\PSU\Medical\Matthew Casey\Cases\Menon 05-52525\(b) & (kk) other state ac.doc Po
ge 2
~
8. Respondent failed to report, in writing, to the Florida Board of
Medicine within thirty (30) days of the Order on Agreed Settlement
adopting the settlement which required the voluntary surrender: of his
medical licensure for a minimum of two (2) years on or about April 6, 2005,
by the Nebraska Department.
COUNT ONE
9.. Petitioner realleges and incorporates paragraphs one (1)
‘through eight (8) as if fully set forth herein.
10, Section 458.331(1)(b), Florida ‘Statutes (2004), provides that
- having a license or the authority to. practice medicine revoked, suspended,
‘or otherwise acted against, including the denial of iictensure, by the .
licensing authority of any jurisdiction constitutes grounds for disciplinary
action by the Board of Medicine. The licensing authority's acceptance of a
physician’s relinquishment of a license, stipulation, consent order, or other
Settlement, offered in response to or in anticipation of the filing of
administrative charges against the physician’s license, shall be construed as
action against the physician's license.
J:\PSU\Medical\Matthew Casey\Cases\Menon 05-52525\(b) & (kk) other state ac.doc pane 3
Page
e/
11. The voluntary surrender of the Respondent's license in lieu of
disciplinary proceedings by the Nebraska Department constitutes action
against Respondent's Ilcense to practice medicine in the State of Nebraska,
/12. Based on the foregoing, Respondent has violated Section
458.331(1)(b), Florida Statutes (2004), by having a license or the authority
. to practice medicine revoked, suspended, or otherwise acted against,
including the denial of licensure, by the licensing authority of any
jurisdiction,
‘COUNT TWO
13. Petitioner realleges and incorporates Paragraphs one (1)
through eight (8) as if fully set forth herein.
14. Section 458.331(1)(kk), Florida Statutes (2004), provides that
falling to report to the board, in writing, within thirty (30) days if attion as
defined in Section 458.331(1)(b), Florida Statutes, has been taken ‘against
one’s license to practice medicine in another state, territory or country
constitutes grounds for disciplinary action by the Board of Medicine,
15. Respondent failed to report, in writing, to the Florida Board of
Medicine within thirty (30) days of the Order on Agreed Settlement
adopting the settlement which required the voluntary surrender: of his
J:\PSU\Medical\Matthew Casey\Cases\Menon 05-52525\(b) & (kk) other state ac.doc :
, Page.4
~ )
i medical licensure for a minimum of two (2) years on or about Apri 6,
2005, by the Nebraska Department.
16. Based on the foregoing, Respondent has violated Section
458.331(1)(kk), Florida Statutes (2004), by failing to report to the board, in
writing, within thirty (30) days if any action as defined in Section
458.331(1)(b), Florida Statutes, has been taken against one’s license to
practice medicine in another state, territory or country.
"WHEREFORE, Petitioner respectfully requests that the Board of
Medicine enter an order imposing one or more of the following penalties:
permanentt.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.
J:\PSU\Medical\Matthew Casey\Cases\Menon 05-52525\(b) & (kk) other state ac.doc
Page S
VW io)
SIGNED this__/3 day of Legitinmdan ___, 2008.
M. Rony Francois, M.D., M.S.P.H., Ph.D.
Secretary, Department of Health ~
Tatham /”
Matthew Casey
Assistant General Counsel
Fi E D DOH Prosecution Services Unit
DEPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin C-65:
CLERK: Ria K -°. . Tallahassee, FL 32399-3265 ;
DA oun Florida Bar # 0115320 :
ME_OMG-Np | (850) 245-4640 ext. 8173 — phone
(850) 245-4681 — fax
PCP: qjisjot
PCP Members: Ashkar, Avil + Beebe
J:\PSU\Medical\Matthew Casey\Cases\Menon 05-52525\(by & (kk) other state ac.doc :
Page 6
w wo
DOH v, Venu Gopal Menon, Case #2005-52525
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.
J:\PSU\Medical\Matthew Casey\Cases\Menon 05-52525\(b) & (kk) other state ac.doc :
Page 7
Docket for Case No: 06-004944PL
Issue Date |
Proceedings |
Feb. 28, 2007 |
Order Closing Files. CASE CLOSED.
|
Feb. 26, 2007 |
Motion to Relinquish Jurisdiction filed.
|
Feb. 14, 2007 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by February 26, 2007).
|
Feb. 14, 2007 |
Joint Motion for Continuance filed.
|
Feb. 06, 2007 |
Petitioner`s Witness List filed.
|
Dec. 29, 2006 |
Order of Pre-hearing Instructions.
|
Dec. 29, 2006 |
Notice of Hearing (hearing set for February 15, 2007; 9:00 a.m.; Tallahassee, FL).
|
Dec. 29, 2006 |
Order of Consolidation for Hearing (DOAH Case Nos. 06-4944PL and 06-4945PL).
|
Dec. 21, 2006 |
Notice of Serving Petitioner`s First Request for Admissons, Interrogatorie, and Request for Production of Documents filed.
|
Dec. 15, 2006 |
Response to Initial Order filed.
|
Dec. 12, 2006 |
Motion to Consolidate (DOAH Case No. 06-4944PL and 06-4945PL) filed.
|
Dec. 08, 2006 |
Notice of Appearance (filed by M. Casey).
|
Dec. 08, 2006 |
Election of Rights filed.
|
Dec. 08, 2006 |
Administrative Complaint filed.
|
Dec. 08, 2006 |
Agency referral filed.
|
Dec. 08, 2006 |
Initial Order.
|