Jul 30 2007 9:45 Jul 30 2007 9:44 P. Ot STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, 0 1: aU GO p L PETITIONER, oO , & oe Me ASE NO.: 2006-36946 < ISAAC I. MERENFELD, M.D., a . RESPONDENT. ‘AD TRA COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against the Respondent, Isaac I Merenfeld 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 license number ME 44017. Jul 30 200? 89:45 Jul 390 2007 9:44 P.02 | 3. Respondent's address of record is 723 NE 195" Street, Miami, FL 33179. | 4. Professionals Resource Network (PRN) is the impaired practitioners program for the Board of Medicine. PRN is an independent _.program..that. monitors. the. evaluation, care and treatment of impaired ‘healthcare’ professionals. | | 5. In October of 1995, Respondent was diagnosed with Opioid Related ‘Disorder for Fentanyl abuse. Fentanyl is a Schedule Two Controlled Substance as determined by. the Drug Enforcement Administration and is an opiold that is tightly restricted and available only via prescription due to the dangers of addiction and the possibility of death via overdose. Respondent entered into a contract with PRN and completed the terms of his Initial contract in March 1999. 6. In December of 2000, Respondent was reported to PRN by his employer for suspected opioid dependence. Respondent entered into a new contract with PRN on January 18, 2001. 7. Respondent provided a urine sample which tested positive for Ethanol on July 12, 2001. Jul 30 2007 9:46 Jul 30 2007 9:44 P.09 8. In April. 2002, Respondent was initially withdrawn from the practice of medicine by PRN due to a reported incident of impairment at work. Upon examination by Richard Seely, M.D., it was determined that he was Safe to return to the practice of medicine. os 9 On or about April.10, 2002, Respondent's initial urine drug was positive for Fentanyl, but confirmation could not be performed due to . laboratory error, . 10. On or about May 9, 2002, Respondent tested positive. for Fentanyl. . | ee | | 11. On or about May 20, 2002, Respondent tested positive for Fentanyl and Meperidine and his PRN contract was voided. 12. On or about August 5, 2002, Respondent entered into a new PRN contract. - 13. On or about September 30, 2002, Respondent tested positive for Fentanyl. | 14. Respondent signed a new contract with PRN on or about _ November 22, 2002. 15. On or about January 22, 2003, Respondent tested positive for Meperedine. Jul 30 2007 9:46 Jul 30 2007 9:44 P.04 “16. On or about September 19, 2003, Respondent tested positive for Fentanyl. oO ' 17. Onor about October 19, 2003, Respondent entered into a new contract with PRN. ~ - —— and OOF about. February 25, 2004,. Respondent tested positive for Morphine. . 19. On or about April 11, 2004, Respondent entered into a new contract-with PRN. . “20. On or about May 24, 2004, Respondent tested positive for Meperidine. 21, Respondent submitted urine samples on June 24, 2004, June 28, 2004 and July 13, 2004, however they contained a low creatinine and low specific gravity suggesting they had been altered, 22, On or about July 23, 2004, PRN voided Respondent's contract and requested an Emergency Suspension of his license. 23. On or about April 22, 2005 Respondent signed a Voluntary Agreement to Withdraw from Practice. The Respondent agreed to cease from the practice of medicine until the Board of Medicine or its probable cause panel, decided otherwise. Jul 30 2007 9:46 Jul 90 2007 9:44 P.05 24. On or about May 17, 2005 Respondent entered into a new five- _year ‘monitoring/advocacy contract and executed an agreement not to practice medicine. The PRN agreement also required, in part, that : Respondent participate In drug screening, participate in psychiatric _...- treatment, -attend_a self help.group.6. times per, week, to completely | | abstain from the use of medications, alcohol and other mood altering - substances including over the counter medications unless ordered by his : “primary physician, return messages from PRN within 24 hours and to notify PRN of changes to his employment and use of mood-altering substances. 25, On or about suly 28, 2005, Respondent tested positive for Fentanyl. | 26. On or about August 11, 2005, Respondent tested positive for Fentanyl. 27. On or about October 3, 2006, Dr. Merenfeld’s PRN group facilitator reported to PRN that Dr. Merenfeld had failed to report to his ~ self-help group for several months. -28, On or about October 18, 2006, a hair sample from Dr. 7 Merenfeld was collected and later tested positive for fentanyl and meperidine. Jul 30 2007 9:46 Jul 30 2007 9:45 P.06 29, On or about October 19, 2006, PRN received an anonymous call stating that the caller believed Dr. Merenfeld had been working as an anesthesiologist in violation of his PRN contract and his agreement with - the Department to voluntarily withdraw from practice. PRN attempted to __. contact. him. about. the. ihfarmation,_but. Dr. Merenfeld_ didnot return. the call. . 30. PRN subsequently discovered that Dr Merenfeld had begun employment on June 17, 2005, as an “M.D. Anesthesiology.” 31. On or about November 2, 2006, upon receiving notification of the positive drug test on the hair sample collected on or about October 18, 2006, Dr. Merenfeld’s contract was terminated by PRN for failure to progress. On or about November 6, 2006, PRN sent a letter to Dr. Merenfeld notifying him that his case was being referred to the Department far possible license discipline. | 32. On or about November 7, 2006, PRN filed a complaint with the Department stating that Dr. Merenfeld is “a danger to the public welfare” due to his “continued use of illicit substances” and “non-compliance with his PRN contract” and requested an emergency suspension of his license. Jul 30 2007 9:47 Juf 90 2007 9:45 P.07 - COUNT ONE 33, Petitioner realleges and incorporates paragraphs one (1) through thirty two (32) as if fully set forth herein. 34. Section 456.072(1)(hh), Florida Statutes (2006), subjects a .... physician to.discipline for. being terminated from.a,.treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, for failure to comply, without good cause, with the terms of the monitoring or treatment contract “entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program. 35. As set forth above, Respondent violated his May 17, 2005, PRN contract, in one or more of the following ways: A. By his continued abuse of opioids and/or other mood- altering substances; B. By practicing medicine in violation of his PRN agreement, C. | By failing to completely abstain from the use of medications, alcohol and other mood altering substances without a valid order by his primary physician; D. _ By failing to attend a self help group 6 times per week F. By failing to notify PRN of changes to his employment status and/or use of mood-aitering substances. Jul 30 200? 9:47 Jul 30 2007 9:45 P.08 ‘36. Based on the foregoing, Respondent violated Section 456.072(1)(hh), Florida Statutes (2006), by failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into ‘by the licensee, and/or for not successfully completing any drug treatment COUNT TWO or alcohol treatment program. - 37. Petitioner realleges and ‘incorporates paragraphs one. (1) through thirty two (32) as if fully set forth herein. ' ' - 38. “Section 458.331(1)(s), Florida Statutes (2006), subjects a me ‘licensee to discipline, including suspension, for being unable to practice medicine with reasonable skill and safety to patients by reason of illness or ‘use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. 39. ‘Respondent has repeated positive drug screens for meperedine, fentanyl, morphine ‘and/or other drugs, narcotics and . chemicals and his submitted urine samples on June 24, 2004, June 28, - 2004 and July 13, 2004, contained a low creatinine and low specific gravity suggesting they had been altered. Jut 30 2007 = =69:4? dul 30 2007 9:45 P.09 we . 40. Based on the foregoing, Respondent violated Section 458.331(1)(s), Florida Statutes (2006), by being unable to practice | medicine with reasonable skill and safety to patients by reason of illness or , use of alcohol, drugs, narcotics, chemicals, or any other type of material or ~ as-a.resul.of any mental or physical.condition. ae - WHEREFORE, the Petitioner respectfully requests that the Board of . 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. Jul 30 2007 9:47 dul 90 2007 9:45 P.10 sicnep this _//Z _ day of June. | 2007. Ana M Viamonte Ros, M.D., M.B.A. Secretary, Department of Health Warren James Pearson Assistant General Counsel DOH Prosecution Services Unit HEALTH in C- DEPARTMENT oF Hu 4052 Bald Cypress Way, Bin C-65 ouenk Paces So eNe, Tallahassee, FL 32399-3265 pate Le 27 Florida Bar No, 0711578 (850) 245-4640 (850) 245-4681 FAX PCP: ul #/p007 PCP Members: Jeon, Baceex, Seede 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 any other discipline imposed.

Docket for Case No: 07-003496PL