Sep 1? 2007 16:42 Sep 17 2007 16:40 P. O04 e g STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2002-12544 “WALKER WHALEY, M.D., RESPONDENT. _ ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Medicine against ‘Respondent, Walker Whaley, M.D., and in support thereof alleges: 1 Petitioner is the state department charged with regulating the 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 ficensed physician within the state of Florida, having been issued license number ME-25950. Page 1 of 7 Sep 1? 2007 16:42 Sep 17 2007 16:40 P.O5 6 e 3. Respondent's address of record is 3599 University Boulevard, South, #1103, Jacksonville, Florida 32216. 4, Respondent is board certified in Obstetrics and Gynecology. 5. At all time material to this administrative complaint Respondent owned, and performed surgeries at, a surgery center which was registered for surgeries at levels 1, II and III. 6, As provided in Rule 64B8-9.0091(1), Florida Administrative Code (F.A.C.), a physician who performs Level IT or Level ITI office surgery is responsible for ensuring that every office in which the physician practices that surgery is registered and is In compliance with the requirements of Rule 64B8-9.009, FA.C. 7 On or about April 11, 2002, the Florida Department of Health (DOH) Board of Medicine (BOM) conducted an on-site inspection of Respondent's surgical facility. 8. The aforementioned inspection revealed deficiencies which included but were not limited to: (a) Out-of-date resuscitative emergency medications; (b) Failure to have an oximeter; Page 2 of 7 Sep 1? 2007 16:43 Sep 17 2007 16:40 P. O06 (c) Failure to have appropriate equipment including Advanced cardiac life support system(ACLS); (d) Failure to keep appropriate medical records including surgical logs; (e) Failure to maintain policy and procedures manuals; (f) Failure to have a risk management program, (g) Failure to maintain files on medical staff including physicians and nurses; and (h) Failure to maintain related protocols. 9, At the time of the inspection, the aforesaid deficiencies created an immediate danger to the safety of patients. 40. Section 458.331(1) (nn), Florida Statutes (2001), provides that violating any provision of Chapter 458 or Chapter 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board of Medicine. ii. Related to requirements for Level IT surgery facilities, Rule 6488-9.009, FA.C, requires certain standards of care for office surgery, including the requirements that the surgeon or at least one assistant be certified in Advanced Cardiac Life Support (ACLS) or have Page 3 of 7 Sep 1? 2007 16:43 Sep 17 2007 16:40 P.O? a qualified anesthesia provider practicing within the scope of the provider's license manage the anesthesia; that a full and current crash cart be available at the location the anesthetizing is being carried out; that the crash cart include, at a minimum, listed resuscitative medications; that the surgeon be assisted by a qualified anesthesia provider; that equipment meet current performance standards; that complete records of each surgical procedure be maintained and logs of such procedures be provided to Department of Health investigators on request; that during all anesthetics, a quantitative method of assessing oxygenation such as a pulse oximeter be employed; that a policy and. procedure manual be maintained in the office, updated annually, and implemented; and that the surgeon establish a risk management program, 13. Rule 64B8-9.0091, F.A.C., requires that a physician registering an office for surgical procedures maintain a list of physicians and other medical staff performing or assisting in performing surgeries and that there be protocols relating to supervision of staff such as nurses. 14. Respondent violated Rules 64B8-9.009 and 64B8-9.0091, F.A.C., by one or more of the following: Page 4 of7 Sep 1? 2007 16:43 Sep 17 2007 16:40 P. 08 6 e (a) Having out-of-date resuscitative emergency medications; (b) Failing to have an oximeter; (c) Failing to have appropriate equipment including advanced cardiac life support system(ACLS); (d) Falling to keep appropriate medical records including surgical logs; (e) Failing to maintain policy and procedures manuals; (f) Failing to have a risk management program, (gq). . Failing to maintain files on medical staff including physicians and nurses; and (hn) Failing to maintain related protocols, 145, Based on the foregoing, Respondent violated Section 458.331(1) (nn), Florida Statutes (2001) by violating Rules 64.B8-9.009 and 64B8-9.0091, F.A.C. 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, Page 3 of 7 Sep 1? 2007 16:43 Sep 17 2007 16:41 P.09 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. SIGNED this ."H4s_ day of Auaust ____ 200.4. John O, Agwunobi, M.D., M.B.A. Secretary, Department of Health William F, Miller Assistant General Counsel FILED. DOH Prosecution Services Unit ° DEPUTY CLERK 4052 Bald Cypress Way, Bin C-65 susan hensdaes Cohn Tallahassee, FL 32399-3265 oxre_ FL Florida Bar # 0421080 (850) 414-8126 (850) 414-1991 FAX WFM Reviewed and approves by! Ve PCP: August 12, AOOY+ PCP Mertbers: Find Aghkag M.D. , Manu ef Coto, M.D, and Sohn Beebe (Chairperson) We (initials) _b \4 lox. (date) DOH vs. Walker Whaley, M.D. DOH Case No. 2002-12544 Page 6 of7 Sep 1? 2007 16:43 Sep 17 2007 16:41 P.10 DOH vs, Walker Whaley, M.D, DOH Case No. 2002-12544 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. Page 7 of 7

Docket for Case No: 07-004189PL