STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, ve | CASE NO.: 2007-35895 RICHARD GARDNER, 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, Richard Gardner, 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 4 licensed physician within the State of Florida, having been issued license number ME 13623. | 1 J APSU\Medical\MarrGX\Cases\Gardner, Richard 2007-35895\AC.doc £0 ‘d OO Sk 8o0@ ab 4oN oo:ST 800¢ ST Ao RO-R-e2-L | 3. Respondent's address of record is 5785 Riverside Drive, Cape Coral, Florida 33904, 4. in Adjudicatory Case No. 2007-043, by the Massachusetts Board of © Registration in Medicine, Respondent was charged with raudlenty procuring the renewal of his certification of registration. 5. On or about August 16, 2007, Respondent agreed to a Consent Order by te Massachusetts Board of Registration in Medicine, which was accepted on September 19, 2007, resolving the heretofore referenced Case, and imposing disciplinary sanctions against Respondent, including a Reprimand and a Two thousand five hundred dollar ($2,500.00) fine. This constitutes action against Respondent's license by the State of Massachusetts. , 6. | Respondent failed to report to the Florida Board of Medicine the disciplinary action taken by the State of Massachusetts, on or about September 19, 2007, against Respondent's license to practice medicine in the State of Massachusetts. | i | 2 DOH v. Richard Gardner, M.D. Case Number 2007-35895 4 APSUAMedlical MarrGX\Casea\Gardret, Richard 2007-35895\AC. doc fod OO Sk 8o0@ ab Aon 0o:97T 800¢ 8T Ao | COUNT ONE 7. Petitioner realleges and incorporates paragraphs one (1) through six (6), above, as if fully set forth herein. 8. Section 458.331(1)(b), Florida Statutes (2007), subjects a licensee to discipline for 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, including its agencies or subdivisions. 9. | Respondent's license or the authority to practice medicine was revoked, suspended, or otherwise acted against by the licensing authority of any justin, including its agencies or subdivisions, in one or more of the following ways: Respondent's license to practice medicine in the State of Massachusetts was acted against on or about September 19, 2007. 10. | Based on the foregoing, Respondent violated Section 458. 331(4), Florida’ Statutes (2007), by having a license or the authority to practice medicine revoked, suspended, or otherwise acted against, | 3 DOH v. a M.D. Case Number 2007-3589: J\PSU\Medical\MarrCix\Cases\Gardner, Richard 2007-35895\AC doe 90d OO-S_ 800¢ 8. *ON oo:ST 800¢ ST Ao including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions. , | COUNT TWO 11, ‘Petitioner realleges and incorporates paragraphs one (1) through six (6), above, as if fully set forth herein. 12. | Section 458.331(1)(kk), Florida Statutes (2007), provides that failing to report to the Florida Board of Medicine, in writing, within thirty (30) days, if action as defined in Section 458,331(1)(b), Florida Statutes, has been taken against one’s license to practice medicine in another state, territory or country constitutes grounds for disciplinary action by the Board of Medicine. 13. Respondent failed to report to the board, in writing, within thirty (30) days, that action as defined in Section 458.331(1)(b), Florida Statutes, had been taken against his license to practice medicine in another state, territory or country, in one or more of the following ways: Respondent failed to report in writing, within thirty (30) days, to the Florida Board of Medicine, the disciplinary action taken on or about September 19, 2007, by the State of | 4 DOK v. oe MO. Case Number 2007-35895 JAPSU\MedicallMannGX\Cases\Gardner, Richard 2007- 35895\AC. doe 40 °d OOS sod@ ab Aon TO:ST 8002 87 ACN Massachusetts against Respondent's license to practice medicine in Massachusetts. 14. Based on the foregoing, Respondent has violated Section 458.331(1)(kk), Florida Statutes, by failing to report to the board, in writing, within thirty (30) days, that action as defined in Section 458,331(1)(b), Florida Statutes, was taken against his license to practice medicine in another state, territory or country. WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an.order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective. action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. Lae — SIGNED this? > day of J M , 2008. “Ana M, Viamonte Ros, M.D., M.P.H. State Surgeon General Case Number 2007-35895 DOH v, Richard Gardner, M.D. 4APSU\Medical\ ansaX\Cases\Gardner, Richard 2007-35895\AC doc é0‘d LO‘St 800@ BL AON TO:ST 8002 87 ACN i} Greg 4 Marr, st Gén, Counsel . DOH Prosecution Services Unit pera ILEL | 4052 Bald Cypress Way, Bin C-65 BBL OP MEATY Tallahassee, FL 32399-3265 CLERK: "a t. Florida Bar No.: 131369 DATE. “DF OK (850) 245-4640 Ext. 8165 GSM/gm bn PCP: July 25, 2008 PCP Members: Dr. El Bahri, Dr. Winchester, and Ms. Long Case Number 2007-33895 JAPSU\Medical\MarvtGX\Cages\Gardner, Richard 2007-35893\AC.doc DOH v. ea M.D, 80 ‘d LO‘St = 800@ BL AON TO: ST 8002 8T AON Case Name: Richard Gardner, M.D. Case No. 2007-35895 | 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 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 requested. NOTICE: REGARDING ASSESSMENT OF COSTS 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. I DOH v. Richard Gardner, M.D. Case Number 2007-35895 J\PSU\MedicaliManGX\Cases\Gardner, Richard 2007-35895\AC.doe 0d LO‘St 800@ BL AON TO:ST 8002 87 ACN

Docket for Case No: 08-005796PL