Sep 12 2008 10:54 Sen 12 2008 9:57 . P. 06 S28 Aol STATE OF FLORIDA | DEPARTMENT OF HEALTH | , DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2007-17527 AUGUSTO LOAIZA, M.D., : RESPONDENT. , : / : IVE | | COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Augusto Loaiza, M.D,, and in support thereof alleges: | 1. Petitioner is the state department charged with regulating 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 a | licensed physician within the State of Florida, having been issued license number ME 21815, JAPSU\Medical\Bates Shirley\Loaiza (b) AC\2007-17527 AC (b).doc 20-11) Sep 12 2008 10:54 Sep 12 2008 9:51 P.O? 3. Respondent's address of record is 10662 Sunset Ridge Drive, San Diego, California 92131. , : 4. Respondent is not board certified. | 4. The Division of Medical Quality for the Medical ‘Board of California (hereinafter “California Board”) is the licensing : authority regulating the practice of medicine in the State of California. : ' 5. On or about November 21, 2000, the California Board signed a Decision that revoked the Respondent's Physician’s and Surgeon's Certificate Number C41739 and Physician Assistant Supervisor Approval Number SA 28677, At that time, the California board stayed the revocation and placed Respondent on probation for seven (7) years with terms and ¢ conditions as set forth in the Stipulation in Settlement and Order attached to the Decision of the California Board. 6. As a term of the Stipulation in Settlement and Order, Respondent was given the option of voluntarily tendering his certificate to the California Board if Respondent were to cease practicing medicine due to retirement, health reasons, or otherwise unable to satisfy the terms and conditions of probation. The California Board reserved the right to evaluate JAPSU\Medical\Bates Shirley\Loaiza {b) AC\2007-17527 AC (b).doc | 2 Sep 12 2008 10:54 Sep 12 2008 9:51 P. 08 the Respondent's request and to exercise its discretion whether to grant the request or to take any other action deemed appropriate and reasonable under the circumstances. | 7. By letter, dated on or about April 29, 2007, and received on or about May 4, 2007, the Respondent notified the State of Florida that he voluntarily relinquished his license to the California Board. : 8. On or about May 23, 2007, the California Board issued a Decision and Order accepting and adopting the Stipulated Surrender of License and Order signed by Respondent as the Decision and Order by the Division of Medical Quality of the Medical Board of California, Department of Consumer Affairs, State of California. | 9. The California Board’s Decision and Order accepting and adopting the Stipulated Surrender of License and Order, constitutes action against Respondent's license by a licensing authority. : : 10. Section 458.331(1)(b), Florida Statutes (2006), provides that having a license or the authority to practice medicine revoked, suspended, or otherwise acted against, including the denial of censure, by the licensing authority of any jurisdiction constitutes grounds for disciplinary action by the Board of Medicine. J:\PSU\Medical\Bates Shirley\Loaiza (b) AC\2007-17527 AC (b).doc i : 3 Sep 12 2008 10:54 Sep 12 2008 9:51 P.09 11. The voluntary relinquishment of the Respondent's California license and the subsequent acceptance of the voluntary relinquishment by the California Board constitute disciplinary action against the Respondent's license to practice medicine. | 12. Based on the foregoing, Respondent has violated Section 458,331(1)(b), Florida Statutes (2006), by having a license or the authority to practice medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction. ! WHEREFORE, Petitioner respectfully requests that the Board: of Medicine enter an order imposing the following penalties: permanent revocation or suspension of Respondent's license and/or any other relief that the Board deems appropriate. J:\PSU\Medical\Bates Shirley\Loaiza (b) AC\2007-17527 AC (b).doc : 4 Signed this__//@_ day of Vi gam TMENT OF HEALTH DEPARTMENT OF H cane POcoO RL, pare (2) ta Os SB/tgc PCP: June 13, 2008 PCP Members: Ashkar, Chizner, & Beebe DOH v. AUGUSTO LOAIZA, M.D. J:\PSU\Medical\Bates Shirley\Loaiza (b) AC\2007-17527 AC (b).doc Sep 12 2008 10:55 Sep 12 2008 9:52 P.10 , 2008, Ana M Viamonte Ros, M.D., M.P.H. State Surgeon General i | | Assistagt General Couns Florida Bar #946311 DOH Prosecution Services Unit 4052 Bald Cypress Way, BIN C-65 Tallahassee, FL 32399-3265 (850) 245-4640 VOICE — (850) 245-4681 FAX | CASE NUMBER 2007-17527 Sep 12 2008 10:55 Sep 12 2008 9:52 P.11 DOH v. AUGUSTO LOAIZA, M.D. CASE NUMBER 2007-17527 , NOTICE OF RI | i 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 reat ested. 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. J:\PSU\Medical\Bates Shirley\Loaiza (b) AC\2007-17527 AC (b).doc | 6

Docket for Case No: 08-004441PL