Se. 7 STATE OF FLORIDA | : . DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. | CASE NO. 2008-08102 RICHARD GARDNER, M.D., RESPONDENT. ne ADMINISTRATIVE COMPLAINT - Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Richard Gardner, M.D., and in support thereof alleges: 1. Petitioner ig the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes, and Chapters 456 and 458, Florida Statutes. 2. at all times materiat to’ this Complaint, Respondent was” a licensed medical doctor within the state of Florida, having been issued license number ME 13623. 3, All references herein to Florida Statutes shall mean and refer to Florida Statutes (2007). i DOH v. Richard Gardner 1 Case Number 2008-08102 J:\PSU\Medical\MarrGX\Cases\Gardner, Richard 2008-08102\AC.doc 60 ‘d BO*S_ 8008 8. *ON SO:9T 800¢ ST Ao 4. Respondent's address of record is 5785 Riverside Drive, Cape Coral, Florida 33904. . | 5, On or about January 30, 2008, Respondent's license to practice medicine in the State of New York was revoked by the State of New York, Department of Health, State Board for Professional Medical Conduct (Board), for mental impairment and violation of a prior Order of the Board. 6. As of February 29, 2008, Respondent had not notified the Florida Department of Health and/or the Board of Medicine of his medical doctor license being revoked by the State of New York, Department of Health, State Board for Professiona! Medical Conduct. | COUNT ONE 7, Petitioner realleges paragraphs one (1) through six (6), above, and incorporates them as if set out herein. B. Section 458,331(1)(b), Florida Statutes, 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. DOH v. Richard Gardner 2 FApaUM al erase Gardner, Richard 2008-08102\AC.doc pO‘d BO*S_ 8008 8. *ON SO:9T 800¢ 8T AON 9. Respondent's license or the authority to practice medicine was revoked, suspended, or otherwise acted against by the licensing authority of any jurisdiction, including its agencies or subdivisions, in one or more of the following ways: . Respondent's license to practice medicine in the State of New York wes revoked by the State of New York, Department of Health, State Board for Professional Medical Conduct, on or about January 30, 2008. -—10. Based _gn-—the---foregeing,-—-Respendent-—vielated —Seetion 458.331(1), Florida Statutes, 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, including ts agencies or subdivisions. | UNT TWO 11. Petitioner realleges paragraphs one (1) through six (6), above, and incorporates them as if set out herein. ) 12. Section 458.331(1)(kk), Florida Statutes, 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 | DOH v. Richard Gardner 3 Case Number 2008-08102 a \PSLAMedical\ ManrGx \Casas\ Gardner, Richard 2008-08102\AC.doc 90d BO*S_ 8008 8. *ON SO:9T 800¢ ST Ao against one’ 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 1 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 foliowing ways: Respondent failed to report in writing, within thirty (30) days, to the Florida Board of Medicine, the revocation of his medical _ticense-by-the State.of New-York,-Department-of-Health, State— Board for Professional Medical Conduct, on or about January 30, 2008, 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 po tesa Case Number 2008-0816; 4 i \PaiNectcaly x\cases\ Gardner, Richard 2008-08102\AC.doc 90 ‘d BO*S_ 8008 8. *ON FO:ST 800¢ 8T AON 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, PCP: September 26, 2008 | a th SIGNED this4& day of September, 2008. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General Marr S Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No.: 131369 (850) 245-4640 Ext. 8144 (850) 245-4681 Facsimile PCP Members: Dr, El Bahri, Dr, Espinola, and Ms. Long | DOH v, Richard Gardner Cage Number 2008-08102 J:\P5U\Medical\ larrGXx\Cases\Gardner, Richard 2008-08102\AC.dac é0‘d OS. 8008 BL *ON FO:ST 800¢ 8T AON } Case Name: Richard Gardner Case No. 2008-08102 | 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. DOH v. Richard Gardner 6 Case Nurnber 2008-08102 : Hpsueckaler X<\Cases\Gardner, Richard 2008-08102\AC.doc 80 ‘d OS. 8008 BL *ON POST 8002 ST AON

Docket for Case No: 08-005797PL