May 3 200? 15:19 May 3 2007 15:19 P.O? e Nal STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. DOH CASE NO, 2001-02142 Emilio Bernardo Rives, el RESPONDENT. | COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Emilio Bernardo Rives, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20,43, Florida Statutes; Chapter 456, Florida Statutes, and Chapter 458, Florida Statutes. 2. On or about March 14, 2002, Respondent became licensed as a Physician Assistant, holding license number 9100839. Prior to March 2002, Respondent held a temporary Physician Assistant license, license number 91261. 3. On or about July 20, 2000, Respondent provided patient MH, with a prescription for Neupogen, 300 mcg per 1 mL vials. Neupogen Is a sterile, clear, colorless, preservative-free liquid for parenteral administration. 4. Respondent used a prescription script that had been pre-signed by his supervising physician, Delfina Johnson, M.D. 5. Rule 64B8-30.008, Florida Administrative Code, states: 3Jnnt oF He May 3 200? 15:19 May 3 2007 15:19 P. 08 te ~ THE APPROVED FORMULARY FOR THE WRITING OF PRESCRIPTIONS BY PHYSICIAN ASSISTANTS APPROVED TO PRESCRIBE MEDICINAL DRUGS UNDER THE PROVISIONS OF SECTION 458.347(4)(e) AND 459,022(4)(e), FLORIDA STATUTES: (1) Purpose. Pursuant to Section 458.347(4)(f), F.S., the Physician Assistant Formulary Committee establishes a formulary of specific medicinal drugs from which a Supervising Physician who meets the requirements of Section 458.347(4)(e) or 459.022(4)(e), F.S., may delegate to a Physician Assistant the authority to prescribe, provided, however, that any such medicinal drug is used in the Supervising Physician's practice and further provided that the Physician Assistant is fully licensed under and complies with the provisions of Sections 458.347(4)(e) or 459.022(4)(e), F.S., and the rules promulgated thereunder. (3) — Formulary. (a) Medicinal drugs within the following categories of drugs, in pure form or combination, MAY NOT BE PRESCRIBED: (7) Any parenteral preparation except insulin and epinephrine. Parenteral includes: Intravenous, subcutaneous, intramuscular, and any route other than the alimentary canal; however, it does not include topical or mucosal application. Nothing in this formulary prohibits a physician assistant from administering a parenteral drug under the direction or supervision of the supervising physician. 6. Rule 64B8-30.001(7), Florida Administrative Code defines the term "Fully Licensed Physician Assistant" as "those physician assistants who have successfully passed the NCCPA examination or other examination approved by the Board and have been issued a license other than a temporary license authorized under 458,247(7)(b)2. or 458.347(7)(f), or 459,022(7), F.S." 7. Neupogen was not a drug that was regularly used in the practice of the Respondent's Supervising Physician. In a sworn affidavit, the Supervising Physician stated that she did not "know what Neupogen is prescribed for.” 8. Respondent did not administer the Neupogen to patient MH. 9. As a temporary physician assistant licensee, the Respondent was 2 May 3 200? 15:19 May 3 2007 15:19 P.09 prohibited from prescribing any drugs to a patient because he was not a "fully licensed physician assistant.” AS @ parenteral drug, physician assistants cannot prescribe Neupogen even if the physician assistant is fully licensed. 10.. Based on the foregoing, Respondent has violated Section 458.331(1)(¥), Florida Statutes (2000), by practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform. May 3 200? 15:20 May 3 2007 15:19 P.10 - al Administrative Code, by failing to submit a renewal fee to the Department of Health. WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties, in addition to the assessment of the costs related to the investigation and prosecution of this case as provided for in Section 456.072(4), Florida Statutes (2000): a) Revocation of Respondent's license; b) Suspension of Respondent's license for an appropriate period of time; c) Restriction of the Respondent's practice; ¢) —_ Imposition of an administrative fine; e) Issuance of a reprimand; f) Placement of the Respondent on probation; g) Administrative costs, and/or any other relief that the Board deems appropriate. SIGNED this _p)in day of 2002. John O. Agwunobi, M.D., M.B.A. Secretary Department of Health DEPARTMENT OF HEALTH Nancy M. Snurkowski DEPUTY enon Chief Attorney — Practitioner Regulation clerk Heh R Ki pars |S SP Deborah B. Loucks, Senior Attorney Florida Attorney Number 0169889 Agency for Health Care Administration Post Office Box 14229 Tallahassee, Florida 32317-4229 Telephone (850) 487-9694 Facsimile (850) 488-7723 PCP: August 16, 2002 PCP Members: EL-Bahri, Tucker & Long May 3 200P 15:20 May 39 2007 16:19 Ww

Docket for Case No: 07-001940PL