Sep 22 2008 15:03 Sep 22 2008 14:00 PL O5 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, : : V. Case No. 2005-70617 BERTIS B. JORDAN, M.D., Respondent. MI TIVE | COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Bertis B. Jordan, M.D., and in support thereof alleges: ! | 1. Petitioner is the state agency 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 hereto, Respondent was.a licensed medical doctor in the State of Florida, having been issued license number ME 14021. rent Sep 22 2008 15:03 Sep 22 2008 14:00 P. O06 3. Respondent's address of record is 101 Beach Drive, Gulf Breeze, Florida 32561. : 4, Respondent has a long history of alcoholism, treatment, and relapse. 5. The Professionals Resource Network (*PRN”) (formerly known |. as Physicians Recovery Network) is the impaired practitioners program for the Board of Medicine, pursuant to Section 456.076, Florida Statutes. PRN is an independent program that monitors the evaluation, care, and treatment of impaired healthcare professionals. PRN oversees random drug screens and provides for the exchange of information between the treatment providers, PRN, and the Department for the protection of the public. | 6. Raymond M. Pomm, M.D., a Board-certified psychiatrist and addictionologist, is the Medical Director of PRN. and is charged with responsibility for the oversight of the program and documentation of compliance and noncompliance with PRN monitoring contracts. 7. In or around February 1996, Respondent's family contacted PRN asking for help and treatment for Respondent. 8. In response, PRN referred Respondent to the Talbot Marsh Recovery Center/Anchor Hospital (‘Anchor’) in Atlanta, Georgia for - 2 Sep 22 2008 15:03 Sep 22 2008 14:00 P.O? evaluation and assessment. : 9, On or about February 16, 1996, Respondent's attending physician at Anchor indicated that the assessment committee at Anchor had diagnosed Respondent with alcohol dependence, with | increasing blackouts, memory lapses and daily excessive drinking, The committee recommended that Respondent abstain from alcohol, enter into treatment and that Respondent participate in an impaired professionals program. 10. In or about April 1996, Respondent entered into a contract with PRN agreeing to be monitored and to attend impaired professionals programs. 11. In or about December 1996, Respondent admitted himself to Jackson Recovery Center (“Jackson”) in Jackson, Mississippi, for residential treatment of alcoholism. Respondent was detoxified at Jackson and was treated for thirty days. : 12. On or about December 30, 1996, Respondent was discharged from Jackson with a diagnosis of alcohol dependency and major depressive disorder. The staff at Jackson recommended that Respondent obtain residential treatment and that he participate in an. impaired professionals program. 13. At that time, Respondent transferred from Jackson to COPAC, a 3 Sep 22 2008 15:04 Sep 22 2008 14:00 P. 08 residential extended care facility for the treatment of chemically dependent adults. Respondent left COPAC prior to completing the prescribed treatment, however, after leaving COPAC, Respondent entered into a 5-year PRN monitoring contract and remained compliant with his contract until its completion. | | 14. In or about December 2004, Respondent was reported to PRN after he was involved in an automobile accident. Immediately following the accident, Respondent was admitted to Sacred Heart Hospital with a blood alcohol level of .131. : 15. For several months following the automobile accident, Respondent did not drink. However, on or about june 3, 2005, Respondent's daughter contacted PRN and asked for help and treatment for Respondent. Respondent had fallen while drinking alcohol and broken several. ribs. . | 16. On or about June 8, 2005, Respondent was admitted to Shands in Gainesville, Florida for residential treatment for alcoholism. On admission, Respondent admitted that following the completion of his PRN contract, he began drinking regularly every day and consumed at least 1 V2 pints of vodka per day. Respondent reported an increase in blackouts. 17. On or about July 19, 2005, Respondent left the Shands 4 | Sep 22 2008 15:04 Sen 22 2008 14:01 P.09 treatment program without being discharged. Respondent had completed six weeks-of treatment and PRN agreed to enter into a monitoring contract with Respondent. 18. In or about November 2005, Respondent. relapsed again on alcohol. | 49. On or about November 17, 2005, Respondent was evaluated by a Board: -approved evaluator evaluator”). Based on: the results of this evaluation, PRN informed Respondent that he was to withdraw from | practice immediately and obtain either partial hospitalization or residential - treatment for alcoholism from one of three treatment facilities. | 20. On or about November 18, 2005, Respondent reported to PRN that he would not comply with the evaluator’s recommendation. 21. On or about November 29, 2005, PRN reported to Petitioner that Respondent had not complied with the recommendations of the evaluator and his alcoholism was not being monitored. , : , 22, Respondent has repeatedly abused alcohol, obtained treatment, and then relapsed. Currently, following his last relapse, Respondent has refused to obtain treatment or be monitored. Respondent is not safe to practice with reasonable skill and safety because of his impairment due to alcohol. Sep 22 2008 15:04 Sen 22 2008 14:01 P.10 23. As of June 19, 2006, although Respondent has entered into an agreement with Petitioner to voluntarily withdraw from practice, Respondent has not obtained adequate treatment for his alecholsm, . 24. Section 458.331(1)(s), Florida Statutes (2004, 2005), subjects a physician to discipline, including suspension, for béing unable to practice medicine with reasonable skill and safety to patients by reason of iliness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. — | 25. Respondent has a well documented and long term problem with alcohol use and abuse renders him unable to: practice medicine with reasonable skill and safety. 26. Respondent's alcohol use and abuse require | additional treatment and monitoring by PRN in order for Respondent to practice medicine with reasonable skill and safety. | 27. Respondent is not currently in treatment for alcoholism and is not being monitored by PRN, and is, therefore, unable to practice medicine with reasonable skill and safety to patients. | 28. Based on the foregoing, Respondent violated Section 458.331(1)(s), Florida Statutes (2004, 2005), by being unable to practice medicine with reasonable skill and safety because of his use and abuse of 6 Sep 22 2008 15:04 Sen 22 2008 14:01 P.11 alcohol. WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the flowing penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, isstiance of a reprimand, placement of Respondent on probation, corrective action and/or any other relief that the Board deems appropriate. Signed this OS day of Septndoes , 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D, Secretary, Department of Health DEPARTMENT OF HEALTH EPUTY CLERK carne Inia Ackeffud DAI Assistant Gene | Counsel Florida Bar No.: 0344140 DOH, Prosecution Services Unit _ 4052 Bald Cypress Way, Bin # C-65 Tallahassee, FL 32399-3265 850.245.4640 ext.8140 850.245.4681 Facsimile /JF PCP: September 22, 2006 PCP Members: Ashkar, Bearison & Beebe 7

Docket for Case No: 08-004745PL