Aug 10 200? 14:08 AUG-18-2007 14:24 P.4t STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NUMBER 2001-13952 JOHN RUSSELL, D.O., RESPONDENT. i ADMINISTRATIVE COMPLAINT CQMES NOW, Petitioner, Department of Health, by and through its , undersigned counsel and files this Administrative Complaint before the ‘Board of Osteopathic Medicine against Respondent, John Russell, D.O., and in support thereof alleges: 1, Petitioner is the state department 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 2977. S002 97 ony AUIG-1-2007 14:24 Fug 10 2007 14:03 3, Respondent's address of record Is 8040 Courtleigh Drive, Orlando, Florida 32835. FACTS RELATED TO PATIENT C.F.(CF) 4. From on or about February 28, 2001 through on or about July 17, 2002, CF presented to Respondent approximately 37 times. 5. On or about February 20, 2001, CF was involved in a car accident and treated at Florida Hospital for injuries to her head, Chest, neck, and back. | 6. On or about February 28, 2001, CF initially presented to Respondent for treatment following car accident. 7. According to Respondent’s medical record’s for CF, during CF’s initial visit, CF noted the areas of her body that had pain or sensations, including numbness. 8. During CF’s initial visit, Respondent’s progress notes do not contain any past medical history for CF, no questions regarding allergies to medications, no vital signs, no mention of CF’s complaint of numbness in her upper extremities or sensations to other parts of her body and no definitive diagnosis. AUG-18-2087 14:25 Aug 10 2007 14:09 9. During Respondent's initial examination of CF on February 28, 2001, the only written notes indicating an examination was the notation spasm of the C/S & L/S with palpation. 40. According to Respondent's February 28, 2001 progress notes, there is no documentation in CF’s records that Respondent performed a complete initial examination of CF. 11. The progress notes for each of CF's office visit between February 28, 2001 to December 18, 2001, reflect a recitation of the patient’s subjective complaints, i.e. spasms, pain in neck, pain between shoulder blades, pain in lower back and hip,. 12. On or about December 18, 2001, Respondent diagnosed CF with: cervical spasm. D/S sprain, L/S sprain, neuritis, and neuralgia. 13. Subsequent to the diagnosis, Respondent continues to only document CF’s subjective complaints, ranges of motion and therapy administered, in his progress notes. 14. Although Respondent diagnosed CF with neuritis and neuralgia on December 18,2001, Respondent failed to order any diagnostic testing for CF or refer CF for any specialized consultations. AUG-1-2087 14:25 Aug 10 2007 14:03 15. Between February 28, 2001 and July 17, 2002, Respondent prescribed controlled substances to CF on a regular basis, including soma( carisoprodol), Lortab(hydrocodone),Lorcet{hydracodone) xanax(alpra zolam) and percocet(oxycodone). | 16. According to Respondent's progress notes, CF received the following controlled substance prescriptions from Respondent: e 2/28/01 Soma 350 mg, quantity 20, Lortab 10mg, quantity 20 : ® 3/5/01 Soma 350 mg, quantity 30, Lortab 10mg, quantity 40 ® 3/14/01 Lorcet 10mg, quanity 40 © 3/21/01 Soma 350 mg, quantity 40, Lorcet 10mq, quantity 50 e 3/27/01 Soma 350 mg, quantity 40, Lorcet 10mg, quantity 40 e 4/5/01 Soma 350 mg, quantity 40, Lorcet 10mg, quantity 40 © 4/24/01 Lorcet 10mg, quantity 40 » 5/1/01 Soma, no quantity listed, Lorcet 10mg © 5/17/01 Lorcet 10mg, quantity 40 e 6/19/01 two listings- 1) Soma 350 mg, quantity 40, Lorcet 10mg, quantity 40, 2) Soma 350 mg, quantity 20, Lorcet 10mg, quantity 20 AUG-18-2087? 14:25 Aug 10 200? 14:09 7/3/01 Soma no mg, quantity 30, Lorcet 10mg, quantity 30 7/17/01 Soma no mg, quantity 60, Lorcet 10mg, quantity 600 8/10/01 Xanax .Smg, no quantity, Soma 350 mg, quantity 40, Lorcet 10mg, quantity 40 12/18/01 Xanax .5mg, quantity 40, Soma 350 mg, quantity 40, Lorcet 10/650 mg, quantity 40 1/15/02 Xanax .5mg, quantity 40, Soma 350 mg, quantity 40, Lorcet 10/650 mg, quantity 40 2/27/02 Xanax .5mg, quantity 60, Soma 350 mg, quantity 60, Lorcet 10/650 mg, quantity 60 4/17/02 Xanax .5mg, quantity 30, Soma 350 mg, quantity 30, Lorcet 10/650 mg, quantity 30 4/24/02 Soma 350 mg, quantity 40, Loricet, no mg, quantity 40 5/22/02 Soma 350 mg, quantity 40, Lorcet, no mg quantity 40 7/3/02 Percocet 10/650 mg, quantity 30; Soma 350mg, quantity 30 7/10/02 Percocet 10/650 mg, ho quantity 7/17/02 Soma 350mg, quantity 40 AUG-18-2007 14125 Aug 10 200° 14:10 17, Throughout Respondent's progress notes for CF, Respondent prescribed multiple doses of narcotic drugs without adequately ascertaining or substantiating the cause of CF’s pain. 18. Cardisopol is a Schedule IV controlled substance pursuant to Chapter 893, Florida Statutes. Cardisopol is a muscle relaxant that is used, along with rest and physical therapy, to treat injuries and other painful muscular conditions. 19. Hydrocodone is a schedule II controlled substance listed in chapter 893, Florida statutes, and is indicated for the relief of moderate to moderately severe pain. The abuse of this substance can lead to physical and psychological dependence. 20. Xanax, which contains alprazolam, is a Schedule IV controlled substance pursuant to Chapter 893, Florida Statutes. Alprazolam is a benzodiazepine anxiolytic, and the abuse of alprazolam can lead to physical and psychological dependence. Xanax is indicated for the short- term relief of symptoms of anxiety. 21. Percocet 10/650-mg contains 10-mg_ of oxycodone hydrochloride, a semi-synthetic narcatic analgesic, which is a Schedule 1 controlled substance under Chapter 893, Florida Statutes, and 650-mg of AUG-18-2087 14:26 Pug 10 200° 14:10 acetaminophen, an over-the-counter analgesic. Percocet is indicated for relief of moderate to moderately severe pain. It has a high potential for abuse and has a currently accepted, but limited, medical use in treatment in the United States, and abuse of the substance may lead to severe physical and psychological dependence. 22. Oxycodone is a schedule Il controlled substance listed in Chapter 893, Florida Statutes, which Is indicated for the relief of moderate to severe pain. Oxycodone has a high potential for abuse and has a currently accepted but limited medical. use in treatment in the United States. Abuse of Oxycodone may lead to severe physical and psychological dependence. | FACTS RELATED TO PATIENT M.A..(MA) 23, From on or about December 14, 2001 through on or about July 10, 2002, MA presented to Respondent approximately 17 times for treatment from injuries sustained in a car accident. 24. On or about November 20, 2001, MA was involved in a car accident and treated at Florida Hospital, where x-rays were done. 25. MA‘s chief complaints were stiffness in neck, throbbing pain in lower back and numbness in thighs. AUG-18-2087? 14:26 Pug 10 200° 14:10 26. On or about December 14, 2001, MA initially presented to Respondent for treatment following her car accident. 27. During MA’s initial visit to Respondent, MA noted the areas of her body that had pain or sensations, including numbness. 28. During MA’s initial visit, Respondent's ordered an MRI of MA‘s C/S and L/S area. 29. According to MA’s medical records for December 14, 2001, Respondent took MA's complete history during the initial visit. 30. On or about December 18, 2001, Respondent diagnosed MA with: C/S sprain, D/S sprain, L/S/ sprain, neuralgia, neuritis and radiculitis of the extremities. 31. Subsequent to the visit on December 14, 2001, Respondent’s progress notes indicate mostly MA’‘s chief complaints and treatment of areas of complaints. 32. Subsequent to the visit on December 14, 2001, Respondent does not document any complete examinations or any other evaluations performed on MA including any record of MA’s vital signs. AUG-18-2087? 14:26 Aug 10 200? 14:11 33. The progress notes for each of MA's office visits to Respondent between February 28, 2001 to July 10, 2002, reflect a recitation of the patient’s subjective complaints, i.e. pain in C/S and pain in L/S. 34. There is no documentation in any of Respondent's progress notes that shows Respondent monitored MA’s vital signs. 35. Although Respondent diagnosed MA with neuritis and neuralgia on December 14,2001, Respondent failed to refer MA for any specialized consultations. 36. Although X-rays were done at Florida hospital immediately after MA's accident, there is no record of the findings of the X-ray studies in Respondent's medical records for MA. 37. Although Respondent ordered a MRI be performed on MA, there is no record of the findings of the MRI studies in MA’s medical records. 38. Between February 14, 2001 and July 10, 2002, Respondent prescribed controlled substances to MA on a regular basis, including soma(carisoprodol), Lorcet(hydrocodone), and xanax(alprazolam) 39. According to Respondent’s progress notes, MA received the following controlled substance prescriptions from Respondent: AUG-18-28687 14:27 Aug 10 200? 14:11 12/31/01: Soma no mg listed, quantity 40, Xanax .5mg, no quantity, Lorcet 10/650mg, quantity 40 1/15/02: Soma 350mg, quantity 40, Xanax .5mg, quantity 40, Lorcet 10/650mg, quantity 40 1/18/02: Soma 350mg, quantity 40, Xanax .5mg, quantity 40 1/30/02: Soma 350mg, quantity 40, Xanax .5mqg, quantity 40, Lorcet 10/650mg, quantity 40 2/13/02: Soma 350mg, quantity 100, Xanax 55mg, quantity 100, Lorcet 10/650mg, quantity 100 4/10/02: Soma 350mq, quantity 40 5/1/02: Soma 350mg, quantity 40, Xanax .5mg, quantity 40, Lorcet 10/650mg, quantity 40 5/22/02: Lorcet 10/613mg, quantity 40 7/10/02: Lorcet no mg listed, quantity 30, xanax .5mg, quantity 30. 40. Respondent's medical records for MA contain some carbon copies of the prescriptions that Respondent wrote for MA. 41. MA‘s medical records contain a copy of a prescription for xanax .5mg, quantity 40, that was given to MA on June 5, 2002. 42. Respondent's June 5, 2002 progress notes do not reflect that a prescription was given to MA. 10 AUG-18-2087? 14:27 Aug 10 200? 14:11 43. MA‘’s medical records contain a copy of prescriptions dated April 17, 2002 prescribing xanax .5mg, quantity 40, Lorcet 10/650rmg, quantity 40,and Soma 350mg, quantity 40 to MA by Respondent. 44. Respondent's April 17, 2002 progress notes do not reflect that any prescriptions were given to MA. 45. MA’s medical records contain a copy of prescriptions dated May 16, 2002 prescribing xanax no mg listed, quantity 60, Lorcet 10/650mq, quantity 60,and Soma 350mg, quantity 60, to MA Respondent. 46. Respondent's May 16, 2002 progress notes do not reflect that any prescriptions were given to MA. 47, Throughout Respondent's progress notes for MA, Respondent prescribed multiple doses of narcotic drugs without adequately ascertaining and substantiating the cause of the patient LA’s pain. FACTS RELATED TO PATIENT K.T.(KT) 48. From on or about May 10, 2001 through on or about March 10, 2003, KT presented to Respondent approximately 48 times. 49. On or about May 10, 2001, KT initially presented to Respondent for treatment of pain and aching in C/S and back spasm following a car accident. 1i AUG-18-2087? 14:27 Aug 10 200? 14:11 50. KT has been involved in multiple accidents causing her to seek treatrnent from Respondent for pain. 51. According to Respondent’s May 15, 2001 progress notes for KT, Respondent diagnosed KT with neuralgia and ridiculitis of the lower extremities. 52. On December 14, 2001, Respondent made a notation in his progress notes ordering an x-ray and an MRI for KT. 53. According to Respondent's January 18, 2002 progress notes for KT, Respondent orders an MRI again. 54. According to Respondent’s February 20, 2002 progress notes, Respondent notes in KT’s records that “MRI’s done”. 55. Although Respondent notes that KT’s MRI was done, there is no record of the findings of the MRI studies in KT’s medical records. - 56. On January 14, 2003, KT is involved in another car accident. 57. On February 17, 2003, Respondent evaluates KT and diagnoses | her with L/S sprain, B/S sprain, C/S/ sprain, neuralgia, and radiculitis of the lower extremities. 58. On February 17, Respondent's progress notes for KT states “get MRI”. 12 AUG-18-2087? 14:27 Aug 10 200? 14:12 59, Although Respondent notes say “get MRI”, there is no documentation that an MRI was ever performed on KT nor are any records of the findings of the MRI studies in KT’s medical records. 60, Although KT’s medical records document that KT smokes 2 pack of cigarettes a day, has asthma and has a history of bronchitis, there is no documentation in KT’s medical records documenting that Respondent ever checked KT’s heart and lungs. 61. Respondent’s progress notes for each of KT's office visits | between May 10, 2001 and March 10, 2003, reflect a recitation of the patient's subjective complaints, i.e. aching in neck and back, pain and aching in C/S and back, and pain in L/S and C/S. 62. Although Respondent diagnosed KT with neuralgia and ridiculitis of the extremities in May 2001 and February 2002, Respondent failed to refer KT for any specialized consultations. COUNT ONE 63. Petitioner realleges and incorporates paragraphs one (1) through twenty-two (22) as if fully set forth herein. 64. Section 459.015(1)(x), Florida Statutes (2000)(2001)(2002), provides that an osteopathic physician may be Subject to discipline by the 13 Aug 10 2007 : AUG-1B-2087 14:28 q 14:12 Board of Osteopathic Medicine for failing to practice osteopathic medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent. similar osteopathic physician as being acceptable under similar conditions and circumstances constitutes grounds for discipline. 65. During Respondent’s care of patients CF, Respondent failed to practice osteopathic medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar osteopathic physician as being acceptable under similar conditions and circumstances in one or more of the following ways: a. Respondent failed to perform an adequate history and physical on patient CF. b. Respondent failed to document CF’s vital signs of weight, blood pressure, pulse, temperature and respirations. c. Respondent failed to perform diagnostic testing on patient CF. d. Respondent failed to refer CF to a specialized consultant after diagnosing CF with neuritis and nueraigia. AUG-18-2087? 14:28 Aug 10 200? 14:12 e. Respondent inappropriately prescribed controlled substances to CF, without adequately ascertaining and substantiating the cause of the patient CF’s pain. 66. Based on the foregoing, Respondent violated Section 459.015(1)(x), Florida Statutes (2000-2002), by failing to practice osteopathic medicine with that level of care, skill, and treatment that is recognized by a reasonably prudent similar osteopathic physician as being acceptable under similar conditions and circumstances. COUNT TWO 67. Petitioner realleges and incorporates paragraphs one (1) through three (3), eighteen (18) through twenty (20), and twenty-three (23) through forty-seven(47) as if fully set forth herein. 68. Section 459.015(1)(x), Florida Statutes (2001)(2002), provides that an osteopathic physician may be Subject to discipline by the Board of Osteopathic Medicine for failing to practice osteopathic medicine with that level of care, skill, and treatment which ts recognized by a reasonably prudent similar osteopathic physician as being acceptable under similar conditions and circumstances constitutes grounds for discipline. Aug 10 200° 14:13 AUG-18-2087 14:28 69. During Respondent's care of patient MA, Respondent failed to practice osteopathic medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar osteopathic physician as being acceptable under similar conditions and circumstances in one or more of the following ways: a. Respondent failed to document any complete examinations or any other evaluations performed on MA including any record of MA’s vital signs of weight, blood pressure, pulse, temperature and respirations. b. Respondent failed to document or note the findings of any of the diagnostic testing performed on MA. c. Respondent failed to refer MA to a specialized consultant after diagnosing MA with neuritis, neuralgia and radiculitis of the extremities. qd, Respondent inappropriately prescribed controlled substances to MA, without adequately ascertaining and substantiating the cause of MA's pain. 70. Based on the foregoing, Respondent violated Section 459.015(1)(x), Florida Statutes (2001-2002), by failing to practice 16 Aug 10 200° 14:13 AUG-18-2087? 14:29 osteopathic medicine with that level of care, skill, and treatment that is recognized by a reasonably prudent similar osteopathic physician as being acceptable under similar conditions and circumstances. COUNT THREE 71. Petitioner realleges and incorporates paragraphs one (1) through three (3) and forty—eight(48) through sixty-two (62) as if fully set - forth herein. 72. Section 459.015(1)(x), Florida Statutes (2000)(2001)(2002), provides that an osteopathic physician may be Subject to discipline by the Board of Osteopathic Medicine for failing to practice osteopathic medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar osteopathic physician as being acceptable under similar conditions and circumstances constitutes grounds for discipline. | 73. During Respondent's care of patient KT, Respondent failed to practice osteopathic medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar osteopathic physician as being acceptable under similar conditions and circumstances in one or more of the following ways: Aug 10 200° 14:13 AUG-18-2087? 14:29 a. Respondent failed to document or note the findings of any of the diagnostic testing performed on KT. b. Respondent failed to refer KT to a specialized consultant after diagnosing KT with neuralgia and radiculitis of the lower extremities. c. Respondent failed to document that he checked KT’s heart and lungs, although KT was a smoker who suffered from asthma and bronchitis. d. Respondent failed to document KT’s vital signs of weight, blood pressure, pulse, temperature and respirations. 74, Based on the foregoing, Respondent violated Section 459.015(1)(x), Florida Statutes (2000-2002), by failing to practice osteopathic medicine with that level of care, skill, and treatment that is recognized by a reasonably prudent similar osteopathic physician as being acceptable under similar conditions and circumstances. COUNT FOUR 75. Petitioner realleges and incorporates paragraphs one (1) through twenty-two (22) as if fully set forth herein. 76. Section 459.015(1)(t), Florida Statutes (2000)(2001)(2002), provides that prescribing, dispensing, administering, supplying, selling, 16 AUG-18-2087? 14:29 Aug 10 200° 14:13 giving, mixing, or otherwise preparing a legend drug, including all controlled substances, other than in the course of the osteopathic physician's professional practice constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. For the purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, supplying, selling, giving, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the osteopathic physician's professional practice, without regard to his or her intent. 77. Respondent violated Section 459.015(1)(t), Florida Statutes (2000-2002), by inappropriately prescribing controlled substances to CF, without adequately ascertaining and substantiating the cause of patient CF’s pain. 78. Based on the foregoing, Respondent violated Section 459.015(1)(t), Florida Statutes (2000-2002), by prescribing, dispensing, administering, supplying, selling, giving, mixing,-or otherwise preparing a legend drug, including all controlled substances, other than in the course of the osteopathic physician's professional practice. 19 AUG-16-26e7 14929 Fug 20 2000 Mis COUNT FIVE 79, Petitioner realleges and incorporates paragraphs one (1) through three (3), eighteen (18) through twenty (20), and twenty-three (23) through forty-seven(47) as if fully set forth herein. 80. Section 459.015(1)(t), Florida Statutes (2001)(2002), provides that prescribing, dispensing, administering, supplying, selling, giving, mixing, or otherwise preparing a legend drug, including all controlled substances, other than in the course of the osteopathic ‘physician's professional practice constitutes grounds for disciplinary action by the Board of Osteopathic Medicine, For the purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, supplying, selling, giving, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the osteopathic physician's professional practice, without regard to his or her intent. 81. Respondent violated Section 459.015(1)(t), Florida Statutes (2001-2002), by inappropriately prescribing controlled substances to MA, 20 AUG-18-2087? 14:38 Aug 10 200? 14:14 without adequately ascertaining and substantiating the cause of the patient MA’s pain. 82, Based on the foregoing, Respondent violated Section 459.015(1)(t), Florida Statutes(2001-2002), by prescribing, dispensing, administering, supplying, selling, giving, mixing, or otherwise preparing a legend drug, including all controlled substances, other than in the course of the osteopathic physician's professional practice. COUNT SIX 83. Petitioner realleges and incorporates ‘paragraphs one (1) through twenty-two (22) as if fully set forth herein. 84. Section 459.015(1)(0), Florida Statutes (2000)(2001)(2002), provides that failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed osteopathic physician extender and supervising osteopathic 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 results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations él AUG-18-2687 14:38 Aug 10 2000 Jara and hospitalizations constitutes grounds for disciplinary action by the Board of Osteopathic medicine. 85. Respondent failed to keep medical records that included the minimum required information outlined in Rule 64B15-15.004, Florida Administrative Code, including but not limited, failing to document an adequate history and physical on patient CF; failing to document CF’s vital signs of weight, blood pressure, pulse, temperature and respirations; and failing to adequately document records of drugs prescribed. | 86. Based on the foregoing, Respondent violated Section 459.015(1)(0), Florida Statutes (2000-2002), by failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed osteopathic physician extender and supervising osteopathic 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 results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. 22 AUG-18-2087 14:38 Pug 10 200° 14:14 COUNT SEVEN 87. Petitioner realleges and incorporates paragraphs one (1) through three (3), eighteen (18) through twenty (20), and twenty-three (23) through forty-seven(47) as if fully set forth herein. 88. Section 459.015(1)(0), Florida Statutes (2001)(2002), provides that failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed osteopathic physician extender and supervising osteopathic 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 results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations constitutes grounds for disciplinary action by the Board of Osteopathic medicine. 89. Respondent failed to keep medical records that included the minimum required information outlined in Rule 64B15-15.004, Florida Administrative Code, including but not limited, failing to document any complete examinations or any other evaluations performed on MA; failing 23 AUG-18-2087 14:41 Aug 10 200? 14:15 to document MA’s vital signs of weight, blood pressure, pulse, temperature and respirations; and failing to adequately document records of drugs prescribed. 90. Based on the foregoing, Respondent violated Section 459.015(1)(0), Florida Statutes (2001-2002), by failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed osteopathic physician extender and supervising osteopathic 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 results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. COUNT EIGHT 91. Petitioner realleges and incorporates paragraphs one (1) through three (3) and forty-eight(48) through sixty-two (62) as if fully set forth herein. 92. Section 459.015(1)(0), Florida Statutes (2000)(2001)(2002), provides that failing to keep legible, as defined by department rule in 24 Aug 10 200? 14:15 AUG-18-2087 14:41 consultation with the board, medical records that identify the licensed osteopathic physician extender and supervising osteopathic 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 results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations constitutes grounds for disciplinary action by the Board of Osteopathic medicine. 93. Respondent failed to keep medical records that included the minimum required information outlined in Rule 64B15-15.004, Florida Administrative Code, including but not limited, failing to document KT’s vital signs of weight, blood pressure, pulse, temperature and respirations; failing to document that Respondent checked KT’s heart and lungs, since KT was a smoker who suffered from asthma and bronchitis, and failing to adequately document records of drugs prescribed. 94. Based on the foregoing, Respondent violated Section 459.015(1)(0), Florida Statutes (2000-2002), by failing to keep legible, as defined by department rule in consultation with the board, medical records 25 Aug 10 2007 : AUG-1B-2087 14:31 q 14315 that identify the licensed osteopathic physician extender and supervising osteopathic 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 results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. WHEREFORE, 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. 26 Aug 10 200? 14:16 AUG-18-2087 14:41 P.a? SIGNED this (i day of Ay vith , 2006. sistant General Counsel Florida Bar # 0570788 DEPARTMENT OF HE Department of Health CLERK. DEPUTY CLERKS Prosecution Services Unit bo 4052 Bald Cypress Way, Bin C-65 DATE_Z2) Io] oxo | Tallahassee, FL 32399-3265 (850) 245-4640 (850) 245-4682 PCP: 8/11/06 PCP Members: Kaufman and Andriole 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.

Docket for Case No: 07-003624PL