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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs ALBERT R. CIOFFI, M.D., 08-006214PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-006214PL Visitors: 35
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: ALBERT R. CIOFFI, M.D.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Lauderdale Lakes, Florida
Filed: Dec. 12, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 30, 2009.

Latest Update: Dec. 23, 2024
Dec 12 2008 14:15 Dec 12 2008 14:16 P.O5 STATE OF FLORIDA | DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, _ . | v. CASE NO. 2008-05032 ALBERT R. CIOFFI, M.D., oy RESPONDENT. | AD T E COMPLAIN’ ! Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Albert R. Cioffi, 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, and Chapters 456 and 458, Florida Statutes: | 2. At ail times material to this Complaint, Responder was a licensed physician within the state of Florida, having been ssued license number ME 41820. . 3. All references herein to Florida Statutes shall mean and refer to Florida Statutes (2007). JAPSU\Medical\MarrGX\Cases\Cioffi, Albert 2008-05032\AC, doc 1 Dec 12 2008 14:16 Dec 12 2008 14:16 P. O06 4. Respondent’s address of record is 2549 Southeast 12" Street, Pompano Beach, FL 33062-7041. 5. On or about October 18, 2007, Respondent entered a plea of guilty, and on or about January 9, 2008, Respondent was adjudicated guilty, in the United States District Court for the Southern District of Florida, in Case 07-80132 CR, for Misbranding a Drug While Held For Sale, a violation of 21 U.S.C. §§ 331(k), 333(a)(1), and 352(i)(3). 6. Section 456.072(1)(c), Florida Statutes, subjects a ph | crime, in ysician to discipline for being convicted or found guilty of, or entering a plea of guilty or nolo contender to, regardless of adjudication, a crime in any jurisdiction | which relates to the practice of, or the ability to practice, a profession, 7, Respondent violated Section 456,072(1)(c), Florida St one or more of the following ways: licensee’s atutes, in a. On or about October 18, 2007, Respondent entered a plea of guilty, and on or about January 9, 2008, Respondent was adjudicated guilty, in the United States District Court for the Southern District of Florida, in Case 07-80132 CR, for Misbranding a Drug While Held For Sale in violation of 21 U.S.C. §§.331(k), 333(a)(1), and 352(i)(3). JAPSU\Medical\MarrGX\Cases\Cioffi, Albert 2008-05032\AC.doc a crime, Dec 12 2008 14:16 Dec 12 2008 14:16 P.O? b. Misbranding a Drug While Held For Sale is a crime which relates to Respondent's practice of, or his ability to practice, medicine. 8 Based on the foregoing, Respondent violated Section 456.072(1)\(c), Florida Statutes, by entering a plea of guilty and being adjudicated quilty for a crime which relates to his practice of or his ability to practice as a physician. : 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. SIGNED this7¢ hes * day off OCTOBER , 2008. Ana M. Viamonte Ros, M.D., M.P-H. State Surgeon General i spotng _ k ki ft reg i RES, LT bs Opry OU sis se u Assistant General ¢ounsel | CLER! DOH Prosecution Services Unit DATEL Yet... 4052 Bald Cypress Way, Bin C-65 Tallahassee, Fl. 32399-3265 Florida Bar No.: 131369 (850) 245-4640 Ext. 8136 JAPSU\Medical\MarrGX\Cases\Cioti, Albert 2008-05032\AC.doe 3 | Dec 12 2008 14:16 Dec 12 2008 14:16 P. 08 PCP: October 24, 2008 PCP Members: Dr. El-Bahri, Dr. Thomas, and Ms. Long JAPSU\Medical\MarrGX\Cases\Cioffi, Albert 2008-05032\AC.doc Dec 12 2008 14:16 Dec 12 2008 14:16 P.09 Case Name; Albert R. Cioffi,M.D. Case No, 2008-05032. 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. JAPSU\Medical\MarrGX\Cases\Cioffi, Albert 2008-05032\AC.doc

Docket for Case No: 08-006214PL
Issue Date Proceedings
Jan. 30, 2009 Order Closing File. CASE CLOSED.
Jan. 30, 2009 Motion to Relinquish Jurisdiction filed.
Jan. 28, 2009 Notice of Cancellation of Taking Deposition (of A. Cioffi) filed.
Jan. 28, 2009 Notice of Cancellation of Deposition in Lieu of Live Testimony at Formal Hearing filed.
Jan. 28, 2009 Dismissal of Request for Formal Hearing filed.
Jan. 26, 2009 First Revised Notice of Taking Deposition in Lieu of Live Testimony at Formal Hearing (revised as to place, date, and time) filed.
Jan. 26, 2009 Notice of Service of Answers to Petitioner`s First Set of Interrogatories filed.
Jan. 26, 2009 Respondent`s Response to Petitioner`s First Request for Production filed.
Jan. 21, 2009 Revised Notice of Taking Deposition (revised as to date and time) filed.
Jan. 15, 2009 Notice of Taking Deposition in Lieu of Lice Testimony at Formal Hearing (of M. Barnett) filed.
Jan. 15, 2009 Notice of Taking Deposition (of A. Cioffi) filed.
Jan. 13, 2009 Response to Request for Admissions filed.
Jan. 12, 2009 Order Granting Motion to Take Official Recognition.
Jan. 09, 2009 Motion to Take Official Recognition filed.
Jan. 06, 2009 Petitioner`s Notice of Method of Recording Testimony at Final Hearing filed.
Jan. 05, 2009 Order Directing Filing of Exhibits
Dec. 30, 2008 Order of Pre-hearing Instructions.
Dec. 30, 2008 Notice of Hearing by Video Teleconference (hearing set for February 18, 2009; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Dec. 22, 2008 Joint Response to Initial Order filed.
Dec. 17, 2008 Notice of Appearance of Co-counsel (filed by Greg Marr) filed.
Dec. 17, 2008 Petitioner`s Notice of Serving on Respondent Petitioner`s First Request for Production, Petitioner`s First Set of Interrogatories, and Petitioner`s First Request for Admissions filed.
Dec. 15, 2008 Initial Order.
Dec. 12, 2008 Notice of Appearance and Amended Election of Rights (filed by J. Gallagher).
Dec. 12, 2008 Administrative Complaint filed.
Dec. 12, 2008 Notice of Appearance (filed by A. Andrews).
Dec. 12, 2008 Agency referral filed.
Jan. 29, 2008 Motion to Relinquish Jurisdiction and Close File filed.
Source:  Florida - Division of Administrative Hearings

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