May 2 200° 12:17 May 2 2007 12:17 P. 06 ~ ~/ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2005-66621 NORMAN SCHATZ, M.D., RESPONDENT, 7 ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its NGI undersigned counsel, and files this Administrative Complaint: before the Board of Medicine against Respondent, Norman Schatz, 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 4 licensed physician within the State of Florida, having been issued license number ME 41735. May 2 200° 12:17 May 2 2007 12:17 P.O? uv / 3. Respondent's address of record is 801 Arthur Godfrey Road, Suite 402, Miami, FL 33140. The Respondent is Board certified by the American Board of Psychiatry & Neurology. 4. On or about June 3, 2002, Patient H.R. presented to Respondent complaining of blurring and clouding in his left eye. 5. On or about June 3, 2002, Respondent allegedly diagnosed Patient H.F. with Ischemic Optic Neuropathy. Respondent's handwritten notes regarding his examination of Patient H.F. is left blank in the field denoting “diagnostic considerations.” 6. Respondent's June 3, 2002, diagnosis, examination | and treatment plan subsequently became involved as part of a medical malpractice claim. 7. Onor about January 5, 2005, Respondent was deposed as part of the medical malpractice claim. At this deposition, Respondent referenced and provided handwritten notes regarding his examination of June 3, 2002, that added “Amiodorone optic neuropathy” in the field denoting “diagnostic considerations.” 8. On or about January 5, 2005, Respondent stated that this notation was placed “The day of his visit.” Upon being questioned as to 2 J;\PSU\Medical\WARREN PEARSON\AC's\Schata(h)(k)(mn.doc May 2 200° 12:18 May 2 2007 12:17 P. 08 why the records he referenced during the deposition did not match the allegedly identical records provided as part of an earlier subpoena request, Respondent changed his answer to “I have no idea when that was put in that note.” In response to a followup question regarding the timing of the “amiodorone optic neuropathy,” Respondent stated, *Not only don’t I know, but I don’t really care.” COUNT ONE 9. Petitioner realleges and incorporates paragraphs one (1) through eight (8), as if fully set forth herein this Count One. 10. Respondent made a _ deceptive, untrue _ oF fraudulent representation in or related to the practice of medicine or employed a trick or scheme in the practice of medicine when he altered medical records to reflect a notation of “Amiodorone optic neuropathy” when his examinations, diagnosis and medical plan was called into question as part of a medical malpractice claim. Respondent similarly made a deceptive, untrue or fraudulent representation in or related to the practice of medicine or scheme in the practice of medicine when he alleged that this notation was made June 3, 2002. J:\PSU\Medical\WARREN PEARSON\AC's\Schatz(h)(k)(m.doc May 2 200P 12:18 pan May 2 2007 12:18 P.09 ew’ ‘al 41. Based on the foregoing, Respondent has violated Section 458,331(1)(k), Florida Statutes (2004), by making deceptive, untrue, or fraudulent representations in or related to the practice of medicine or employing a trick or scheme in the practice of medicine. COUNT TWO 12. Petitioner realleges and incorporates paragraphs one (1) - through eight (8), as if fully set forth herein this Count Two. 13. Respondent failed to keep medical records that justify the course of treatment of the patients when he failed to note his alleged consideration of Amiodarone optic neuropathy. _ 14. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2001), by failing to keep legible, as defined by department rule in consultation with the board, 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 J:\PSU\Medical\WARREN PEARSON\AC's\Schatz(h)(k)(m.daoc May 2 200° 12:18 May 2 2007 12:18 P.10 results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. COUNT THREE 15. Petitioner realleges and incorporates paragraphs one (1) through eight (8), as if fully set forth herein this Count Three. 46. Section 458.331(1)(nn), Florida Statutes (2004), provides that a physician may be subject to discipline by the Board of Medicine for violating any provision of Chapter 458, or Chapter 456, or any rules adopted pursuant thereto. 17. Rule 64B8-9.003, Florida Administrative Code, states in pertinent part: (4) All entries made into the medical records shall be accurately dated and timed. Late entries are permitted, but must be clearly and accurately noted as late entries and dated and timed accurately when they are entered into the record. However, office records do not need to be timed, just dated. 18. Respondent failed to comply with Rule 64B8-9.003(4) Florida Administrative Code, when he failed to note the timing of his late entry of “Amiodorone optic neuropathy.” 19. Based on the foregoing, Respondent has violated Section 458.331(1)(nn), Florida Statutes (2004), by failing to accurately record the 5 3:\PSU\Medical\ WARREN PEARSON\AC’s\Schata(h)(k){m.doc May 2 200P 12:18 May 2 2007 12:18 P.11 Ne ‘ned timing of the entry of “Amiodorone optic neuropathy”, in violation of Rule 64B8-9,003(4), Florida Administrative Code. WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one of 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. , 2006. M, Rony Frangois, M.D., M.S.P.H., Ph.D Secretary, Department of Health PUT ee pate_OVOIt Warren James Pearson Assistant General Counsel Florida Bar. No, 0711578 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 (850) 245-4640 ext 8141 (850) 245-4681 FAX WIP/jbb PCP: September. 3.4, deol PCP Members: -Badae’, Davies J:\PSU\Medical\WARREN PEARSON\AC's\Schatz(h)(k)(m.dac May 2 200? 12:19 May 2 2007 12:18 P.12 Nana ‘wal 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. 3:\P5U\Medical\WARREN PEARSON\AC's\Schatz(h)(kXm.doc

Docket for Case No: 07-001916PL