Jul 28 2008 14:42 a7rf2e/28ee 16:39 8584146749 DEPR OGA PAGE 13/28 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2006-058471 JAMES E. HICKS, D.V.M., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department of Business And Professional Regulation, ("Petitioner"), files this Administrative Complaint before the Board of Veterinary Medicine, against James E. Hicks, D.V.M., ("Respondent"), and alleges: 1. ‘Petitioner is the state agency charged with regulating the practice of veterinary medicine pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 474, Florida Statutes. 2. Respondent is and has. been, at all times material hereto, a licensed veterinarian in the State of Florida, having peen issued license number VM 1644. 3. Respondent's last known address of record was 1470 §&. gt? street, Fernandina Beach, Florida, 32034-3248. GAOGCAProfessions Boards\veterinary medicine\AC\2008\Hicks, James 06-058471 (1yr(ee\AC doc i Jul 28 2008 14:43 a7rf2e/28ee 16:39 8584146749 DEPR OGA PAGE 14/28 4. On June 19, 2006, Complainant took her 7 year old dachshunds named Elvis to Respondent for his annual examination and vaccinations. 5. Complainant informed Respondent’s technician that the dog had frequently vomited in the past when vaccinated due to an allergic reaction. 6. Medical records for Complainant’s dog from Elvis’ previous treating veterinarian confirmed Elvis should be given Benadryl before any vaccinations. 7. Complainant requested that Elvis be given Benadryl prior to any vaccinations were administered. 8. Respondent’s physical examination of Elvis revealed that he “needs teeth cleaned” and that he had a “significant murmur.” 9. There is no indication in Respondent's medical notes for Elvis of the lecation, strength, or character of the cardiac murmur . 10. There is no indication in Respondent’s medical notes for Elvis as to whether or not there were femoral pulse deficits associated with the cardiac murmur. ll. There were no notes in Respondent’s medical record for Elvis regarding the diagnostic work up, diet considerations, exercise, medications, or possible treatment for Elvis’ cardiac marmur . GAQGC\Professions Boards\eterinary medicine\AC\2008\Hicks, James 06-058471 (1)(Fy(ee)\AC.doe 2 Jul 28 2008 14:43 a7rf2e/28ee 16:39 8584146749 DEPR OGA PAGE 15/28 12. Respondent inoculated Complainant’s dog with Rabies and DA2PPV vaccines. 13. Respondent did not administer Benadryl to Elvis prior to giving the Rabies and DA2PPV vaccinations. 14. Respondent should have administered Benadryl to Elvis per owners request and prior medical indications before administering vaccinations to Elvis. 15. Elvis had an allergic reaction to the vaccinations administered by Respondent and began vomiting after the injections. 16. Respondent’s medical records indicate that Elvis was having an allergic reaction to the vaccines. 17. Five minutes after Blvis began vomiting, Respondent administered an injection of Acepromazine, Atropine Sulfate, and Centrine. 18. The injection was given without any indication in the medical notes of the patient being evaluated prior to adminiatration. ) 19. Centrine is contraindicated in patients with cardiac disease. 20. Respondent administered an injection of Benadryl approximately 10-15 minutes after the deg began vomiting. GAOGC Professions Boards\weterinary medi¢ine\AC\2008\Hicks, James 06-058471 (1)(rMeeNAC.doc 3 Jul 28 2008 14:43 7/28/2688 15:39 8584146749 DEPR OGA PAGE 16/28 21. Administration of Benadryl should have been accomplished immediately upon realization that Elvis was having an allergic reaction. 22. Later in the day on June 19, 2006, Complainant presented Elvis back to Respondent because Elvis was lethargic, had cold limbs, and pale gums. 23. Respondent reexamined Elvis. 24. Respondent’s examinations revealed that Elvis’ heart rate was lower than it had previously been. 25. Respondent diagnosed Elvis as lethargic due to administration of Benadryl, Centrine, Acepromazine, and Atropine Sulfate. 26. Respondent performed no other diagnostic testing and recommended no additional treatment. 27. There is no indication in Respondent's medical records for Elvis of the dog’s heart rate at the dnitial physical examination. 28. There are no contemporaneously written medical notes in Respondent’s medical record for Elvis regarding the second physical examination or recommendationa that occurred on June 19, 2006. 29. Elvis died on June 19, 2006. 30. Seetion 474.214(1)(r), Florida Statutes, states that “[bleing guilty of incompetence or negligence by failing to GAOGC\Professions Boards\Weterinary medicine\AC\2008\Hicks, James 06-058471 (1 )(r)(ee\AC doc 4 Jul 28 2008 14:43 a7rf2e/28ee 16:39 8584146749 DEPR OGA PAGE 17/28 practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances. 31, Section 474.214(1) (ee), Florida Statutes, states that [fJailing to keep contemporaneously written medical recorda as required by rule of the board is grounds for disciplinary action. . 32. Rule 61G18-18.002(1), Plorida Administrative Code, states, “[t]here must be an individual medical record maintained on every patient examined or administered to by the veterinarian..fer a period of not less than three years after date of last entry. The medical record shall contain all clinical information pertaining to the patient with sufficient information to justify the diagnosis or determination of health status and warrant any treatment recommended or administered.” 33. Rule 61618-18.002(3), Florida Administrative Code, requires that “[mledical records shall be contemporaneously written and include the date of each service performed. They should contain the following information: complaint or reason for provision of services, history, physical examination, any present iliness or injury noted and provisional diagnosis or health status determination.” 34. Rule 61G18-18.002(4), Florida Administrative Code, states that “[m)edical records shall contain the following GAOGC\Professions Boards\eterinary medicine\AC\2008\Hicks, James 06-058471 (1)(r(ee)\AC.doe 5 Jul 28 2008 14:44 a7rf2e/28ee 16:39 8584146749 DEPR OGA PAGE 18/28 information if these services are provided or occur during the examination or treatment of an animal or animals: consultation, treatment - medical, surgical, drugs prescribed, administered, er dispensed.” COUNT ONE 35. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through thirty-six (36) as though set forth herein. 36. Section 474,.214(1) (r), Florida Statutes, states the following shall constitute grounds for disciplinary action: “Being guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and treatment which ig recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances.” 37, Based on the foregoing, Respondent violated Section 474.214{1) (vr), Florida Statutes, by failing to adequately monitor the patient or address hia cardiac condition. Respondent further violated this section by using poor treatment protocol. Respondent is therefore subject to discipline by the Board of Veterinary Medicine pursuant to Sections 474.214 (1) (r) and (2), Florida Statutes. GAOGC\ Professions Boards\eterinary medicine AC\2008\Hicks, James 06-05847) (Lycee VAC. doc 6 Jul 28 2008 14:44 7/28/2688 15:39 8584146749 DEPR OGA PAGE 19/28 COUNT TWO 38. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through thirty-six (36) as though set forth herein. 39. Section 474.214(1}) (ee), Florida Statutes, states the following shall constitute grounds for disciplinary action: “Failing to keep contemporaneously written medical records as required by rule of the board.” 40. Based on the foregoing, Respondent viclated Section 474.214(1) (ee), Florida Statutes by failing to record exam findings or notes on monitering. Respondent is therefore subject to discipline by the Board of Veterinary Medicine pursuant to Sections 474.214(1) (ee) and (2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Veterinary Medicine enter an Order imposing one or more of the following penalties: revocation or suspension of Respondent's license, restriction of Respondent’ s practice, imposition of an administrative fine not to exceed $5,000 per violation, issuance of a reprimand, placement of Respondent on probation, assessment of costs association with the investigation, imposition of any or all penalties delineated within section 455,227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to chapters 455 and/or 474, Florida Statutes, and/or the rules promulgated thereunder. GAOGC\Professions Boardsweterinary medicine\AC\2008\Hicks, James 06-058471 ( Iyry(eeAC. doe 7 Jul 28 2008 14:44 a7rf2e/28ee 16:39 8584146749 DEPR OGA PAGE 28/28 Signed this _ /*%w day of frac , 2008. EEE in Winters eee, . Assistant General Counsel Florida Bar No. 679941 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Taliahassee, FL 32399-2202 (850) 499-0062 Telephone (B50) 414-6749 Facsimile DFW/rmw | LED PEP B[212¥ omnes GAQGC\Professions Boards\eterinary medicinc\AC\2008\Hicks, James 06-058471 (1)(r)(ee\AC.doe g

Docket for Case No: 08-003692PL