; STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, 0 7 OI 24 PL Petitioner, Vv. Case No. 2006-018626 RICHARD MARK JAFFE, D.V.M. Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner") files this Administrative Complaint before the Board of Veterinary Medicine against RICHARD MARK JAFFE, D.V.M. ("Respondent"), and alleges: 1. Petitioner is the state agency charged with regulating the practice of veterinary medicine, pursuant to section 20.165, Florida Statutes, and chapters 455 and 474, Florida Statutes. 2. At all times material hereto, Respondent was licensed in the State of Florida as a veterinarian, having been issued license number VM 6559. 3. Respondent's address of record is 7100 Fairway Drive, Suite 55, Palm Beach Gardens, Florida 33418. 4. On or about June 22, 2004, Respondent was presented with “Ivy,” a two year old female Maine Coon Cat owned by Linda Klein. 5. On or about June 22, 2004, Respondent performed an ovariohysterectomy on Ivy. 6. During the ovariohysterectomy procedure, Respondent failed to completely remove Ivy’s left ovary and oviduct. 7. Following the procedure, Ivy began displaying persistent signs of being in heat every three (3) to four (4) months. 8. On or about February 8, 2006, Ivy was presented to one James David Lutz, D.V.M. who performed a second ovariohysterectomy. 9. During the procedure, Dr. Lutz identified and removed remnants of the left ovary and oviduct. 10. Dr. Lutz sent the tissue for biopsy and a report from Antech Diagnostics dated February 11, 2006 confirmed that the sample was in fact remnant ovarian tissue with no signs of neoplasia. 11. Failing to remove an ovary and oviduct during an ovariohysterectomy falls below the standard of care for veterinary medicine. 12. Respondent failed to contemporaneously keep medical records for Ivy. The medical records from the Respondent were altered and contained additional medical notes from the June 22, 2004 surgery and a previous visit on January 17, 2004 that were not entered contemporaneously with the treatment. 13. The Respondent’s medical records failed to indicate that a physical examination was performed on the date of surgery. 14. The Respondent’s medical records contained incomplete notes regarding anesthesia. 15. | The Respondent’s medical records contained incomplete notes regarding the surgery. 16. The Respondent's medical records contain volumes of drug dosages but failed to indicate the corresponding concentrations. 17. The Respondent’s medical records contain no post operative notes. 18. Rule 61G18-18.002(1), Florida Administrative Code, states, “Tt]here must be an individual medical record maintained on every patient examined or administered to by the veterinarian. ..for a period of not less than three years after date of last entry. The medical record shall contain all clinical information pertaining to the patient with sufficient information to justify the diagnosis or determination of health status and warrant any treatment recommended or administered.” 19. Rule 61G18-18.002(3), Florida Administrative Code, requires that “[mledical records shall be contemporaneously written and include the date of each service performed. They should contain the following information: physical examination and history.” 20. Rule 61G18-18.002(4), Florida Administrative Code, states that “TmJedical records shall contain the following information if these services are provided or occur during the examination or treatment of an animal or animals: consultation, treatment—medical, surgical, drugs proscribed, administered, or dispensed.” COUNT ONE 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through twenty (20) as though set forth herein. 22. — Section 474.214(1)(x), Florida Statutes, states the following shall constitute grounds for disciplinary action “[bJeing guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances.” 23. Based on the foregoing, Respondent violated section 474.214(1)(x), Florida Statutes, by failing to “practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances”. Respondent is therefore subject to discipline by the Board of Veterinary Medicine pursuant to section 474.214(2), Florida Statutes. COUNT TWO 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through twenty (20) as though set forth herein. 25. Section 474.214(1)(ee), Florida Statutes, states the following shall constitute grounds for disciplinary action “[flailing to keep contemporaneously written medical records as required by rule of the board.” 26. Based on the foregoing, Respondent violated section 474.214(1)(ee), Florida Statutes when he failed to keep adequate notes on anesthesia and surgery, failed to indicate concentration of drugs administered, failed to indicate a physical examination, and did not record post operative notes in the treatment of Ivy. Respondent is therefore subject to discipline by the Board of Veterinary Medicine pursuant to section 474.214(2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Veterinary Medicine enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine not to exceed $5,000 per violation, issuance of a reprimand, placement of the Respondent on probation, assessment of costs association with the investigation, imposition of any or all penalties delineated within section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to chapters 455 and/or 474, Florida Statutes, and/or the rules promulgated thereunder. Signed this ie dayof_Dpdober _, 2006, -—~ Drew F. Winters Assistant General Counsel Case # 2006-018626 F | ; tation Counsel for the Department: Business and Professional Regu! Department of wAGENCY CLERK Drew F. Winters Assistant General Counsel Florida Bar Number 0679941 Department of Business and CLERK Soy mr k . Jouko “ Professional Regulation O-/ g - 200 bb Office of the General Counsel DATE : 1940 North Monroe Street Tallahassee, FL 32399-2202 DFW/ahs 16 August 2006 009 date - 17096 ga lis od eand = = Pa 3 Bvog oO

Docket for Case No: 07-002129PL