‘STATE ‘OF FLORIDA ~~ DEPARTMENT OF HEALTH "DEPARTMENT oF HEALTH, . a OYosdyPle — ' PETITIONER, ven a _° , CASE NO.: 2007-13073 GREG T. TROTTA, D.c., RESPONDENT . ADMINISTRATIVE COMPLAINT: ; Petitioner, ‘Department of | Health, by and’ chrough its | undersigned counsel, files - this Administrative Complaint before. the Board. ‘of chiropractic Medicine against Respondent, Greg Te Trotta, . ‘D.C., and in support alleges: . -1.- Petitioner is the- state department "charged with, regulating the practice of chiropractic: medicine pursuant. to Section 20.43, Florida - Statutes; Chapter 456, Florida Statutes; and Chapter 460, Florida Statutes. ) 2. At -all times material to this Complaint, Respondent was a licensed chiropractic. physician within ‘the State of Florida, having been issued license number CH 6914 on or ‘about. January 24, 1995, | 3... “Respondent's address of record is 3435 Belmont Terrace, Davie, Florida 33328. 7APSU\Medical\Tobey\__C A SE S\Trotta, areg\2007-13073\Trota-a.c.-460.413(1)(c-acDOC 1 — The District Attorney | for _ Albany ‘County, New ¥ York, chargea Respondent with one count of criminal” diversion of "prescription medications and d prescriptions “in. the third, degree . in violation ‘of Section 178. 15 of New York ‘State’ Penal Law. Specifically, © the. charges stem from “allegations | that from: vanvary 1° through December 1st, 2006, Respondent _ transferred prescriptions ‘for money to patients with. knowledge | or xeasonable grounds to know the recipient of "that prescription had no medical need for the prescription. . +5. Section 178. 15 of the New Penal Law provides: A person is guilty of criminal, diversion of prescription medications - and prescriptions in the third degree when he or she: : 1. Commits | a criminal . diversion act, and the value of the benefit exchanged is in excess of one thousand dollars; or . 2. commits the crime of: criminal. diversion of prescription medications. and prescriptions .in the fourth degree, and has previously been convicted of the crime of criminal ~ diversion of prescription medications and prescriptions . in the fourth. degree. . . Criminal diversion of prescription medications - and prescriptions. in the. third degree. is a class E felony. 6. Section 178.00 of the New York Penal Law provides the following definitions relevant to Section 178.15: 1. "Prescription medication or. device" means any article for which a prescription is required in order to be lawfully. sold, delivered or ‘distributed by any person J:\PSU\Medical\Tobey\__ CAS E S\Trotta, greg\2007-13073\Trota-a.c.-460.413(1)(c)-ac.DOC 2 “ guthorized by law “to engage in “the practice, , of the profession of. Pharmacy.” . 2. "Prescription" means a direction or authorization by. means of a written prescription form or an oral prescription - . which permits a person to. ‘lawfully obtain -- a prescription medication or dévice from. any © “person authorized’ to ‘dispense: such ‘prescription medication .or device. | . : 3. "Criminal diversion act" means an act or acts in which a -person.. ‘knowingly: (a) transfers-.-or delivers, in exchange for. anything of pecuniary value, as prescription medication or device with knowledge or reasonable grounds to know. that the recipient. has no medical need for: ‘dt; or . : (b) .. receives, in exchange for ‘anything: of pecuniary value, a prescription medication or device with knowledgé. or reasonable grounds to know _ that the: seller or transferor is not authorized by law’to sell. or transfer such prescription. medication or device; or ; : “,-(¢) transfers or delivers ‘a prescription | in exchange for anything, of pecuniary value; or (d) .receives | a prescription: in 7 exchange, for anything of pecuniary value. 7, on of apoithoet 25, 2007, Respondent pled guilty to ome count of criminal diversion of prescription ‘medications and prescriptions in the Third Degree, in violation of ‘Section 178.15 (of New York State Penal Law. A A violation of Section 178.15 of New York State Penal Law - is. a ‘felony. The. Court accepted Respondent ' s guilty plea. | 8 . During. the. course of the plea proceedings, ‘the Court. _ described the charges as “follows: J:\PSU\Medical\Tobey\__C AS E S\Trotta, greg\2007-13073\Trota-a.c,-460.413(1)(c)-aé.DOC 3 io ya I draw your attention to the one-count Superior Court Information charging you with-’: _ Criminal . Diversion of ¢ Prescription Medications: and. Prescriptions in the Third ‘Degree in violation of: Section 178.15 of the ‘Penal Law of this State. ‘This is a Class = felony. : The . allegation is that “you, during the year 2006, January 1°* through December. 1%, . -2006, ‘in the County. of Albany, State of New York, did commit a criminal diversion act in that you transferred for United States currency a prescription ‘with knowledge or 7 reasonable ~ grounds to know that the recipient of. that - prescription had no medical need for it and that he value of the -benefit exchanged exceeded $1; 000. Specifically between those dates in Albany County, that’ you transferred prescriptions for drugs ‘totaling ‘in. excess of $1,000 signed by Dr. Gary Brandwein and filled by Signature. Pharmacy, and that you. knew or. had reason to know that .the recipient, I assume here in Albany County, had no medical need for the prescription. 9.. when asked by the Court during the plea hearing if the above: mentioned ‘description of. the events were ‘a. true : and accurate statement,’ the Respondent replied,. “Yes, your Honor." 10... The crime ‘to which the Respondent pled: guilty is a crime that is: directly related to the practice of chiropractic medicine or to ‘nis ability to practice chiropractic medicine. . Count One 11. Petitioner re- alleges and ‘incorporates ‘paragraphs one. (1) through ‘ten (10) as if fully set forth within this Count:. 12: Section. 456.072(1)(c), Florida Statutes . (2006) = ' (2007), subjects a licensee to discipline for “[bleing convicted J:\PSU\Medical\Tobey\__C AS E’S\Trotia, greg\2007-13073\Trota-a.c.-460.413(1)(c)-ac.DOC ° | 4) Mo n or found ‘guilty of,. or entering a plea of guilty or ‘nolo. contendere | to, regardless of adjudication; a _érime in. arly jurisdiction which relates to the practice of, or the ability to practice, ‘a licensee's’ profession.” 13. Respondent ’s April 25, 2007, guilty plea in New york to criminal diversion of prescription medications relates to the practice. of chiropractic medicine or the ‘ability to. practice chiropractic medicine. . 14 Based | on “the foregoing; ’ has violated Section’ 456.072 (1) (c), Florida Statutes (2006)-(2007), by “{bleing convicted or found: guilty of, or entering a plea of guilty or. ‘nolo’ contendere to, regardless of adjudication, a crime in any jurisdiction’ which relates to the practice of, or the ability to. ‘practice, a licensee's profession.”: . Count Two is. Petitioner re-alleges and incorporates _ paragraphs one (1) through ten (10) as if fully set forth within this Count . 16. Section 460.413 (1) (c), Florida Statutes (2006) =(2007), subjects a ‘chiropractic physician to discipline ‘for “{bleing convicted or found guilty, . regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of chiropractic medicine or to the ability to practice ‘chiropractic medicine.” _ J:\PSU\Medical\Tobey\_ CASE S\Trotta, greg\2007-13073\Trota-a.c.-460.413(1)(c}-ac.DOC 5 47. Respondent’s april 25, 2007, guilty’ plea in, New York to’ criminal. diversion of prescription medications relates ‘to, the ‘practice of chiropractic’ medicine or’ the ability to. practice chiropractic medicine. . oe 1s. Based: on: the ‘foregding, Respondent has’ violated Section 460.413 (1) (c), Florida Statutes (2006)~(2007), ‘by being convicted or found guilty; regardless ‘of | adjudication, ofa crime in any jurisdiction’ which directly relates to the practice of chiropractic ‘medicine or to the ability to practice- chiropractic medicine.” a . . WHEREFORE, Petitioner: respectfully requests. that the Board. of Chiropractic 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 billea or collected, ‘remedial education and/or any other relief that the Board’ deems appropriate. 3:\PSU\Medical\Tobey\_C AS E S\Trotta, greg\2007-13073\Trota-a.c.-460.413(1)(c)ac.DOC «GS SIGNED this G day of Mamubee _, 2007. Ana M. Viamonte Ros, M.D.,-M.PLH. State Surgeon General — : Z S Z Tobey S ultz Assistant General Counsel DOH Prosecution Services Unit ... | 4052 Bald Cypress Way, Bin C-65_ Tallahassee, FL 32399-3265 Florida Bar # 0542131 (850) 245-4640 ext. 8176 (850) 245-4682 FAX tobey_schultz@doh.state.fl:us’ "PCP: kichy tUoyel Afa}or J:\PSU\Medical\Tobey\__C A S E S\Trotta, greg\2007-13073\Trota-a.c.-460.413(1)(c)-ac.DOC "NOTICE OF RIGHTS Respondent has ‘the: right to request: a: hearing -to be ‘conductéd 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 a 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,. onthe Respondent in addition to any. other - discipline imposed: ° + , an - J:\PSU\Medical\Fobey\__C’A S E S\Trotta, greg\2007-13073\Trota-a.c.-460.413(1)(C)-ac.DOC 8

Docket for Case No: 08-000344PL