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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs GOVINDAN NAIR, M.D., 08-005027PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-005027PL Visitors: 36
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: GOVINDAN NAIR, M.D.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: St. Petersburg, Florida
Filed: Oct. 09, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 21, 2009.

Latest Update: Dec. 24, 2024
Oct 9 2008 15:11 Oct 9 2008 14:07 P,02 ~~ a! : STATE OF FLORIDA | DEPARTMENT OF HEALTH : | Dw-S03 TP : DEPARTMENT OF HEALTH, | Petitioner, i v. Case No. 2006-13925 GOVINDAN NAIR, M.D., ! Respondent. | ADMINISTRATIVE COMPLAINT. : COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Govindan Nair, 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. Atall times material hereto, Respondent was a icenbed medical doctor in the State of Florida, having been issued license number ME 50422: Pn ne Sat r aa ; a ae 3. | Respondent's address of record is'4820 Fifth Avenue-Nerth,-St Petersbutg, Florida 33713. . | 4. | Respondent practices in the area of diabetic medicine and endocringlogy. 5. | Onor about April. 25, 2006, Patient JM, a 48 year old fernale, 1 was admitted to Edward White Hospital (‘EWH”") for a left foot fracture and Calf pain secondary to deep vein thrombosis. 6. During: Patient JM's stay at EWH, she was evaluated on several ccrasions by Respondent, her long term endocrinologist. 7. | On or: ‘about April 25, 2006, Respondent fondled Patient JM during Respondent's examination of Patient JM. 8. | On or about April 26, 2006, Respondent again fondled Patient JM and kissed Patient JM on the mouth during Respondent's examination of Patient\M. | 9. | Onor about April 27, 2006, Respondent exposed Patient JM’s breasts and fondled her during Respondent’s examination of Patient JM. 10.; On or about April 30, 2006, Respondent fondied Patient. JM while using a stethoscope during Respondent's examination of Patient JM. 60'd 60-pl 8002 6 390 ZT:ST 8002 6 490 Oct 9 2008 15:11 Oct 9 2008 14:08 P.04 \w/ \ue! ! 11. Section 456.072(1\(u), Horida Statutes (2005), sets forth grounds for disciplinary action for engaging or attempting to lengage in sexual misconduct as defined and prohibited by Section 456.063(1), Florida Statutes. | 12. Section 456.063(1), Florida Statutes (2005), provides that sexual misconduct in the practice of a health care profession means violation of the professional relationship through which the heat care practitioner uses such relationship to engage or attempt to engage the patient or client in, or to induce or attempt to’ Induce such, person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession. Sexual migconduct in the practice of'a health’ care’ profession is prohibited: mo -~-.-13,— Respondent-used- - his ~professional-relationship - to engage or “attempt to engage Patient JM, or to induce or attempt to induce Patient JM to engage in, verbal or physical sexual activity outside the scope of the .. professional practice of such health.care profession, in one or more of the following ways: ve ne NN RE HR Oct 9 2008 15:11 Oct 9 2008 14:08 P.05 Nw’ as a) By fondling Patient JM during Respondent's April 25, : | 2006, examination of Patient JM; ; b) By fondling and kissing Patient JM during Réspondent’s April 26, 2006, examination of Patient JM; | c) By exposing Patient JM’s breasts and fonding| Patent JM during Respondent's April 27, 2006, examination of Patient JM; d) By fondling and/or kissing Patient 3M during Réspondent’ April 30, 2006, examination of Patient JM. | 14. Based on the foregoing, Respondent Violated Section 456.072(1)(u), Florida Statutes (2005), by engaging or attempting to engage Patient JM in sexual misconduct. | WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action and/or any other relief that the Board deems appropriate excluding suspension or revocation. Oct 9 2008 15:12 Oct 9 2008 14:08 P.06 wv | Y | Signed this [| day of — Peau ___., nos i M. Rony Francois, M.D., M.S. H,, Ph.D, Secretary, Department of Heat Assistant General Counsel Horida Bar No.: 0344140 DOH, Prosecution Services Un C-65 DEPARTMENT OF HALT 4052 Bald Cypress Way, Bin cum URL. Tallahassee, FL 32399-3265 pare_{Z/jnjrp 850.245.4640 ext.8140 850.245.4681 Facsimile [JR ct | PCP: Decemmber-8,-2006— ~ — mn PCP Members: Ashkar, Bearison & Beebe Oct 9 2008 15:12 Oct 9 2008 14:08 P.07 ww od NOTICE OF RIGHTS Respondent has the right to request a heari g to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented nd counsel) or other qualified representative, to present evi ence 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 Respondent is placed on notice that Petitioner ha Incurred costs related to the investigation and cution 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, ; | |

Docket for Case No: 08-005027PL
Issue Date Proceedings
Sep. 21, 2009 Order Closing File. CASE CLOSED.
Sep. 16, 2009 Motion to Relinquish Jurisdiction filed.
Sep. 04, 2009 Notice of Taking Deposition filed.
Aug. 07, 2009 Order Re-scheduling Hearing (hearing set for September 29, 2009; 9:00 a.m.; St. Petersburg, FL).
Aug. 07, 2009 Order Granting Leave to Amend Administrative Complaint.
Aug. 06, 2009 CASE STATUS: Motion Hearing Held.
Aug. 06, 2009 Response to Motion for Leave to Amend Administrative Complaint filed.
Aug. 04, 2009 Amended Administrative Complaint filed.
Aug. 04, 2009 Motion for Leave to Amend Administrative Complaint filed.
Jun. 23, 2009 Notice of Appearance of Co-counsel (filed by W. Furlow) filed.
May 07, 2009 Order Re-scheduling Hearing (hearing set for August 25 through 27, 2009; 9:00 a.m.; St. Petersburg, FL).
May 04, 2009 Joint Case Status Report filed.
May 04, 2009 Notice of Appearance of Co-counsel (of D. Kiesling) filed.
May 01, 2009 Notice of Withdrawal filed.
Apr. 21, 2009 Order Granting Continuance (parties to advise status by May 4, 2009).
Apr. 21, 2009 CASE STATUS: Motion Hearing Held.
Apr. 20, 2009 Respondent`s Motion to Strike Petitioner`s Untimely Disclosed Expert Witness filed.
Apr. 20, 2009 Joint Prehearing Stipulation filed.
Apr. 20, 2009 Motion for Continuance filed.
Apr. 17, 2009 Notice of Cancelling Deposition filed.
Apr. 16, 2009 Notice of Taking Deposition in Lieu of Testimony at Hearing filed.
Apr. 09, 2009 Notice of Taking Telephonic Deposition of Witness filed.
Apr. 09, 2009 Notice of Cancelling Deposition filed.
Apr. 07, 2009 Order Denying Motion in Limine and Motion to Strike.
Apr. 07, 2009 CASE STATUS: Motion Hearing Held.
Apr. 07, 2009 Respondent`s Reply to Petitioner`s Motion in Limine, or in the Alternative, Motion to Strike filed.
Apr. 02, 2009 Notice of Taking Deposition in Lieu of Testimony at Hearing filed.
Apr. 01, 2009 Motion in Limine, or in the Alternative, Motion to Strike filed.
Jan. 28, 2009 Order Re-scheduling Hearing (hearing set for April 28 through 30, 2009; 9:00 a.m.; St. Petersburg, FL).
Jan. 22, 2009 Joint Case Status Report filed.
Jan. 15, 2009 Order Granting Continuance (parties to advise status by January 22, 2009).
Jan. 15, 2009 Motion for Continuance filed.
Jan. 05, 2009 Notice of Taking Deposition Subpoena Duces Tecum (Govindan Nair) filed.
Dec. 29, 2008 Amended Notice of Taking Deposition (of K. Crittenden) filed.
Dec. 29, 2008 Amended Notice of Taking Depositon (of T. Grinde) filed.
Dec. 23, 2008 Notice of Taking Deposition, J.M. filed.
Dec. 23, 2008 Notice of Taking Deposition (of D. Berry) filed.
Dec. 23, 2008 Notice of Taking Deposition (of S. Mims) filed.
Dec. 22, 2008 Amended Notice of Taking Deposition (of T. Grinde) filed.
Dec. 22, 2008 Amended Notice of Taking Deposition (of K. Crittenden) filed.
Dec. 16, 2008 Response to Motion for Protective Order filed.
Dec. 15, 2008 Motion for Protective Order filed.
Dec. 12, 2008 Notice of Appearance of Co-counsel (filed by Ephraim Livingston) filed.
Dec. 10, 2008 Notice of Taking Deposition (of K. Crittenden) filed.
Dec. 10, 2008 Notice of Taking Deposition (of L. Grinde) filed.
Dec. 10, 2008 Notice of Taking Deposition (of S. Milas) filed.
Dec. 08, 2008 Respondent`s Notice of Serving Responses to Petitioner`s First Request for Production, First Request for Admissions and First Request for Interrogatories filed.
Nov. 12, 2008 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 27 through 29, 2009; 9:00 a.m.; St. Petersburg, FL).
Oct. 31, 2008 Joint Motion for Initial Continuance filed.
Oct. 22, 2008 Order of Pre-hearing Instructions.
Oct. 22, 2008 Notice of Hearing (hearing set for December 9 through 11, 2008; 9:00 a.m.; St. Petersburg, FL).
Oct. 16, 2008 Notice of Serving Petitioner`s First Request for Interrogatories and First Request for Production filed.
Oct. 15, 2008 Joint Response to Initial Order filed.
Oct. 10, 2008 Initial Order.
Oct. 10, 2008 Petitioner`s First Request for Admissions filed.
Oct. 10, 2008 Notice of Serving Petitioner`s First Request for Admissions filed.
Oct. 09, 2008 Election of Rights filed.
Oct. 09, 2008 Administrative Complaint filed.
Oct. 09, 2008 Notice of Appearance (filed by J. Powell-Williams).
Oct. 09, 2008 Agency referral filed.
CASE STATUS: Motion Hearing Held.
CASE STATUS: Motion Hearing Held.
Source:  Florida - Division of Administrative Hearings

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