Petitioner: DEPARTMENT OF HEALTH
Respondent: DANA LEVINSON, D.O.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Lauderdale Lakes, Florida
Filed: Jun. 14, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 2, 2007.
Latest Update: Dec. 23, 2024
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® sd
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH, : “ny . .
CV-AESF PE
PETITIONER,
Vv. CASE NO. 2004-23633
DANA LEVINSON, D.O.,
RESPONDENT.
_S
ADMINISTRATIVE COMPLAINT
COMES NOW the Petitioner, Department of Health, by and through its
undersigned counsel, and files this Administrative Complaint before the Board of
Osteopathic Medicine against Respondent, Dana Levinson, D.O., and in support thereof
alleges:
1. Petitioner is the state agency charged with regulating the practice of
osteopathic medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida
Statutes; and Chapter 459, Florida Statutes.
2. Respondent is and has been at all times material hereto a licensed
osteopathic physician in the state of Florida, having been issued license number OS
5734 on July 21, 1989.
3. Respondent's last known address of record is 17011 Pines Boulevard,
Pembroke Pines, Florida 33027.
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4. At all times material hereto, Respondent was the supervisor of an
Advanced Registered Nurse Practitioner (ARNP) who worked at Respondent's practice
location.
5. Section 465.025(7), Florida Statutes (2002) (2003), requires dispensing
practitioners to display in a prominent place that is in clear and unobstructed public
view, at or near the place where prescriptions are dispensed, a sign in block letters not
less than 1 inch in height which shall read: "CONSULT YOUR PHARMACIST
CONCERNING THE AVAILABILITY OF A LESS EXPENSIVE GENERICALLY EQUIVALENT
DRUG AND THE REQUIREMENTS OF FLORIDA LAW.”
6. Section 465.0276(2)(c), Florida Statutes (2002) (2003), requires
dispensing practitioners to, before dispensing any drug, give the patient a written
prescription and orally or in writing advise the patient that the prescription may be filled
in the practitioner's office or at any pharmacy.
?. Section 465.0276(2)(a), Florida Statutes (2002) (2003), requires
dispensing practitioners to register with her or his professional licensing board as a
dispensing practitioner and pay a fee not to exceed $100 at the time of such
registration and upon each renewal of her or his license before dispensing any
medications.
8. Section 893.05(1), Florida Statutes (2002) (2003), allows a practitioner, in
good faith and in the course of his or her professional practice only, to prescribe,
administer, dispense, mix, or otherwise prepare a controlled substance, or cause the
same to be administered by a licensed nurse or an intern practitioner under his or her
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direction and supervision only. Section 893.02(19), Florida Statutes (2002) (2003),
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defines a “practitioner” as a physician licensed pursuant to Chapter 458, a dentist
licensed pursuant to Chapter 466, a veterinarian licensed pursuant to Chapter 474, an
osteopathic physician licensed pursuant to Chapter 459, a naturopath licensed pursuant
to Chapter 462, or a podiatric physician licensed pursuant to Chapter 461, provided
such practitioner holds a valid federal controlled substance registry number.
9. Section 499.0121(5)(a)1., Florida Statutes (2002) (2003), provides that
Prescription drugs that are outdated, damaged, deteriorated, misbranded, or
adulterated must be quarantined and physically separated from other prescription drugs
until they are destroyed or returned to their supplier A quarantine section must be
separate and apart from other sections where prescription drugs are stored so that
Prescription drugs in this section are not confused with usable prescription drugs.
10. Section 893.07(1)(a), Florida Statutes (2002) (2003), requires every
person who engages in the manufacture, compounding, mixing, cultivating, growing, or
by any other process producing or preparing, or in the dispensing, importation, or, as a
wholesaler, distribution, of controlled substances to, on January 1, 1974, or as soon
thereafter as any person first engages in such activity, and every second year
thereafter, make a complete and accurate record of all stocks of controlled substances
on hand. The inventory may be prepared on the regular physical inventory date which
is nearest to, and does not vary by more than 6 months from, the biennial date that
would otherwise apply. As additional substances are designated for control under this
chapter, they shall be inventoried as provided for in this subsection,
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11. On or about June 20, 2003, an investigator for Petitioner presented to
Respondent’s practice office to conduct a routine dispensing practitioner annual
inspection of the ARNP who worked at Respondent's practice location, and who was
supervised by Respondent.
12. The inspection by the investigator revealed multiple violations, including,
but not limited to, the following:
a) There was no generic drug sign displayed in violation of Section
465.025(7), Florida Statutes (2002);
b) Respondent and the ARNP were not writing prescriptions for the
medications they dispensed in violation of Section 465.0276(2)(c), Florida
Statutes (2002);
c) At the time of the inspection, Respondent was dispensing
medications without being registered with the Board as a dispensing
Practitioner in violation of Section 465.0276(2)(a), Florida Statutes (2002);
d) The ARNP Respondent was supervising had been dispensing Fastin,
a Schedule IV controlled substance, since 1999 in violation of Section
893.05(1), Florida Statutes (2002);
e) There were multiple outdated medications kept in stock at
Respondent's practice location in violation of Section 499.0121(5)(a)1,,
Florida Statutes (2002); and
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f) There had been no controlled substance biennial inventory
conducted by Respondent or the ARNP in violation of Section
893.07(1)(a), Florida Statutes (2002).
13. On or about July 2, 2003, Respondent registered with the Board as a
dispensing practitioner.
14. On or about September 18, 2003, an investigator for Petitioner returned to
Respondent's practice location to conduct a follow-up dispensing practitioner inspection
of Respondent and the ARNP.
15. When the investigator presented to Respondent's practice location on or
about September 18, 2003, the investigator was told the ARNP was on a leave of
absence and that all dispensing was being done by Respondent. The investigator then
proceeded to conduct a dispensing practitioner inspection of Respondent.
16. The dispensing practitioner inspection the investigator for Petitioner
conducted on Respondent at his practice location on or about September 18, 2003,
revealed multiple violations, including, but not limited to, the following:
a) Respondent was not providing written prescriptions for the
medications he dispensed in violation of Section 465.0276(2)(c), Florida
Statutes (2003); and
b) There had been no controlled substance biennial inventory
conducted by Respondent in violation of Section 893.07(1)(a), Florida
Statutes (2003).
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NT ONE
“17. Petitioner realleges and incorporates paragraphs one (1) through sixteen
(16) as if fully set forth herein.
18. Section 459.015(1)(g), Florida Statutes (2002) (2003), provides that
failing to perform any statutory or legal obligation placed upon a licensed osteopathic
physician constitutes grounds for disciplinary action by the Board of Osteopathic
Medicine.
19. As revealed by the June 20, 2003 dispensing practitioner inspection,
Respondent failed to perform a statutory or legal obligation placed upon a licensed
osteopathic physician in that Respondent was dispensing medications without being
registered with the Board as a dispensing practitioner in violation of Section
465.0276(2)(a), Florida Statutes (2002).
20. As revealed by the September 18, 2003 dispensing practitioner Inspection,
Respondent failed to perform a statutory or legal obligation placed upon a licensed
osteopathic physician in one or more of the following ways:
a) Respondent was not providing written prescriptions for the
medications as required by Section 465.0276(2)(c), Florida Statutes
(2003); and
b) Respondent did not conduct a controlled substance biennial
inventory as required by Section 893.07(1)(a), Florida Statutes (2003).
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21. Based on the foregoing, Respondent has violated Section 459.015(1)(g),
Florida Statutes (2002) (2003), by failing to perform any statutory or legal obligation
placed upon a licensed osteopathic physician.
COUNT TWO
22. Petitioner realleges and incorporates paragraphs one (1) through sixteen
(16) as if fully set forth herein.
23. Section 459.015(1)(hh), Florida Statutes (2002), provides that failing to
supervise adequately the activities of those physician assistants, paramedics
emergency medical technicians, advanced registered nurse practitioners, or other
persons acting under the supervision of the osteopathic physician constitutes grounds
for disciplinary action by the Board of Osteopathic Medicine.
24, As revealed by the June 20, 2003 dispensing practitioner inspection,
Respondent failed to supervise adequately the activities of the ARNP in one or more of
the following ways:
a) Respondent allowed the ARNP to dispense medications without
having a generic drug sign displayed in violation of Section 465.025(7),
Florida Statutes (2002);
b) Respondent allowed the ARNP to dispense medications without
writing prescriptions for the medications she dispensed in violation of
Section 465.0276(2)(c), Florida Statutes (2002);
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c) Respondent allowed the ARNP to dispense Fastin, a Schedule IV
controlled substance, since 1999 in violation of Section 893.05(1), Florida
Statutes (2002);
d) Respondent allowed the ARNP to keep multiple outdated
medications in stock at Respondent’s practice location in violation of
Section 499.0121(5)(a)1., Florida Statutes (2002); and
e) Respondent allowed the ARNP to dispense medications without
conducting a contrailed substance biennial inventory in violation of Section
-12
25.
893.07(1)(a), Florida Statutes (2002).
Based on the foregoing, Respondent has violated Section 459.015(1)(hh),
Florida Statutes (2002), by failing to supervise adequately the activities of those
physician assistants, paramedics, emergency medical technicians, advanced registered
nurse practitioners, or other persons acting under the supervision of the osteopathic
physician
WHEREFORE, the Petitioner respectfully requests that the Board of Osteopathic
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 the Respondent on
probation, corrective action, refund of fees billed or collected, remedial education and/or
any other relief that the Board deems appropriate.
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SIGNED this Hh day of MMA _, 200)
John O. Agwunobi, M.D., M.B.A., M.P.H.
Secretary, Department of Health
RICHARD SHOOP— Kathryn &. Price
Assistant General Counsel!
FiLes Florida Bar # 6369234 £50 S60
ivi . . .
DEPARTMENT OF DOH, Prosecution Services Unit
DEPUTY cusme 4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
cue Ninth, Colman ‘er. (850) 414-8126
Fax: (850) 488-1855 .
RUS/rs
Reviewed and approved by: ME (initials) o/2 7 £Y (date)
PCP Date: 12 -25-0S”
PCP Members: ##p-h + Kaw fers
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.
OANA LEVINSON, 0.0,, DOH CASE NO. 2004-23633
Docket for Case No: 07-002659PL
Issue Date |
Proceedings |
Jul. 02, 2007 |
Order Closing File. CASE CLOSED.
|
Jun. 29, 2007 |
Withdrawal of Request for Formal Hearing filed.
|
Jun. 26, 2007 |
Order of Pre-hearing Instructions.
|
Jun. 26, 2007 |
Notice of Hearing by Video Teleconference (hearing set for August 28 and 29, 2007; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Jun. 19, 2007 |
Joint Response to Initial Order.
|
Jun. 15, 2007 |
Notice of Filing Petitner`s Requests for Interrogatories, Production, and Admissions filed.
|
Jun. 14, 2007 |
Initial Order.
|
Jun. 14, 2007 |
Notice of Appearance (filed by J. Blake Hunter).
|
Jun. 14, 2007 |
Administrative Complaint filed.
|
Jun. 14, 2007 |
Petition for Hearing Involving Disputed Facts filed.
|
Jun. 14, 2007 |
Agency referral filed.
|