Jul 29 2008 11:11 Jul 29 2008 10:09 P. O04 er ye? STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, DOH Case Number: 2007-22341 CARLOS MANUEL-GARRIDO, M.D, RESPONDENT. AD I TIVE COM IN | COMES NOW the Petitioner, Department-.of Health, hereinafter referred to as “Petitioner,” and fies this Administrative Complaint before the Board of Medicine against Carlos Manuel Garrido, MD., hereinafter referred to as “Respondent,” and alleges: | 1. Petitioner is the state agency charged with regulating the prattive Of medicine pursuant to Section 20.43, Florida Statutes, and Chapters 456 and 458, Piorida Statutes. : 2. Respondent is and has been at all times material hereto a jicetsed physician in the state of Florida, having been issued tcense nurmber ME 34557, | 3. Respondent's last known address is 7821 Coral Way, Suite 132] Miami, Florida 33155. | Jul 29 2008 11:11 Jul 29 2008 10:09 P.O5 Swe’ Xe 4. On or about May 26, 1999, Respondent was | arrested pursuant to a Miami-Dade Police Department warrant and charged in @ friminal case in the Circuit Court in and for Dade County, Florida, Case Number 99-17765G, for the offense of Grand Theft, a felony, in Vidlation of Florida Statute 812.014. | >. On or about May 8, 2000, Respondent enterad into a Plea Agreement with the Dade County States Attorney’s office and pled nolo contendere to the offense of Grand Theft, | §. . The affidavit in support of the arrest warrant reveals that as part of a Racketeering investigation, a confidential source with the Miami-Dade Police Department presented to an attorney for a fabticated trip and fall injury. 7, The attorney directed the confidential source to Respondent's office for medical treatment. : 8. On or about July 2, 1998, Respondent briefly questioned the] confidential source about her trip and fall accident, however, Respondent never physically examined the patient, ! 9. The confidential source presented to Respondent’ vffice five) (5) times from July 2, 1998 to September 1, 1998, and signed Jul 29 2008 11:11 Jul 29 2008 10:09 P. 06 ad wv) patient visit logs at each visit at the direction. of Respondent's assistant that indicated the confidential source visited Respondent twenty-two (22) times. ; 10. Respondent never physically examined the patient at any of the five (5) visits, | 1], In September 1998, Respondent submitted to the confidential source’s attorney for presentation to Miami-Dade County, billing statements totaling three thousand one hundred and seventy- fi ve dollars ($3,175.00), for treatment allegedly performed on the confidential source at the twenty-two (22) visits. Each of the billing iu Staternents bears Respondent's signature. | 12, Additionally, Respondent submitted a written patient evaluation for the confidential source that never occurred, and assigned the patient a five (5) to six (6) percent partial permanent disability. --—- | 13. On or about May 8, 2000, a judgment was entered against Respondent in the Circuit Court in and for Dade County Florida Case Number 99-17765G for the offense of Grand Theft. Pursuant to the terms of the judgment, adjudication of quilt was withheld and | Jul 29 2008 11:12 Jul 29 2008 10:09 POF ~ 7 Respondent was placed on probation for one (1) year; Respondent was ordered to pay restitution of one thousand dollars ($1,000.00), and court costs in the amount of four hundred and thirty-one collars ($431.00), : COUNTI 14, Petitioner realleges and incorporates Paragraphs one (1) through thirteen (13), as if fully set forth herein. 15. Section 458,331(1)(c), Florida Statutes (1998), provides that being convicted or found guilty of, or entering a plea of roto contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to practice medicine constitutes grounds for which disciplinary actions may be taken, i 16. The crime of Grand Theft of submitting billing statements for | medical treatment never performed, directly relates to the practice of medicine in that Respondent submitted bills for services rendered as a physician licensed to practice medicine in Florida, 17, Characteristics important to a physician's ability to Pradtice medicine include reliability and honesty. Respondent's arrest Jul 29 2008 11:12 Jul 29 2008 10:09 P. 08 ‘we’ New! and plea’ of nolo contendere to the charge of Grand Theft relates to Respondent's ability to practice medicine in that the act demonstrates a lack of reliability and honesty. | 18, By entering a plea of nolo contendere to Grand Theft, Respondent has violated Section 458.331(1)(c), Florida Statutes (1998), by being convicted or found guity of, or entering a plea of nolo contendere to, regardless of adjudication, a crime ‘in any jurisdiction which directly relates to the practice of medicine or the ability to practice medicine, ! COUNT II 19. Petitioner realleges and incorporates paragraphs one (1) through thirteen (13), as if fully set forth herein, 20. Section 456.072(1)(w), Florida Statutes (2000), provides that failing to report to the board, or the department if there is no boakd, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. Convictions, findings, adjudications, and pleas entered into prior to the enactment of this Jul 29 2008 11:12 Jul 29 2008 10:10 P.09 ‘we’ ‘oo! Paragraph must be reported in writing to the board, or department if there is no board, on or before October 1, 1999, | 21, On or about May 8, 2000, Respondent entered into 2 Plea Agreement with the Dade County States Attorney's office and pled nolo contendere to the offense of Grand Theft. : 22, Respondent failed to report to the board in writing within 30|days after the licensee entered a plea of nolo contendere to, regardless of adjudication, the crime of Grand Thett, : 23. Based on the forgoing, Respondent violated - ‘Section 454, 072(1)(w), Florida Statutes (2000), by failing to por to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guitty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.. WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the follawing penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Jul 29 2008 11:12 Jul 29 2008 10:10 P.10 Nee? ‘wos! 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 _/6 day of __|[Voven Qa » 2007, Ana M, Viamonte Ros, M.D., M Pa, State Surgeon General DOH Prosecution Services Unit 4052 Baid Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 | Florida Sar # 0702129 (850) 245-4640 (850) 245-4680 FAX KGN/ PCB: November 1G A007 PCF Members: €l Sahri and Chizner Jul 29 2008 11:12 Jul 29 2008 10:10 P.11 Nw ue! 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 to call and cross-examine witnesses and to have s bpoena qualified representative, to present evidence and pene and subpoena duces tecum issued on his or her behatf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related te 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 disciptine imposed. |

Docket for Case No: 08-003715PL