May 28 2009 3:45 MAY-28-2889 Het1? FL DEPT OF HEALTH 856 488 1855 P.@6 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vv. CASE NO. 2008-02239 JEROME D. FRIEDMAN, 0.D., Respondent. ey f ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Optometry against Respondent, Jerome D. Friedman, ©.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of optometry pursuant to Section 20,43, Florida Statutes: Chapter 456, Florida Statutes: and Chapter 463, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed optometrist (O.D,) within the state of Florida, having been issued license number OP 1802. 3. Respondent’s address of record is 17019 Pines Boulevard, Albertson’s at — Pembroke Isles, Florida 33027, May 28 2009 3:45 MAY-28-2889 8:18 FL DEPT OF HEALTH 856 488 1855 Pa? 4, On or about June 28, 2004, WJ presented to Respondent for an eye examination. Respondent's optometric records indicated at that time a diagnosis and prescription as follows: OD +25, OS +25. Respondent suggested a near vision prescription; however, WJ's parents opted to wait on getting W1’s prescription glasses. 5. On or about August 11, 2006, WJ presented to Respondent for a second - eye examination. Respondent's optometric records indicated at that time a diagnosis and prescription as follows: OD +75; OS +75, and Respondent prescribed single vision _ polycarbonate lenses for near vision. . 6. On or about September 15, 2006, WJ presented to Respondent for a follow up exam, At that time, WJ indicated that he had difficulty adjusting to the new . glasses and could not see. 7. On or about September 18, 2007, WJ presented to Pines Vision Care. At that time, optometric records indicated that Wis prescription and diagnosis was as follos: OD -1.00; OS -1.00. 8. On or about January, 2008, father of WJ (RJ) arrived at Respondent's - office. At that time, RS informed Respondent that was seen by a different optometrist, and received a diagnosis and prescription which differed fram those provided by Respondent. 9. On or about January, 2008, RS requested a copy of WJ’s optometric records from Respondent, and Respondent complied. 10. On or about January 22, 2008, the mother of WJ (MJ) filed a Healthcare Practitioner Cornplaint Form which alleged the Respondent misdiagnosed and DOH v. Jerome D, Friedman, O.D. 2 Case No. 2008-02239 May 28 2009 3:45 MAY-28-2889 8:18 FL DEPT OF HEALTH 856 488 1855 P.@8 wrongfully prescribed glasses for WI. MS- attached a copy of the optornetric records Respondent provided to RS to the Healthcare Practitioner Complaint Form. 11. As part of the complaint investigation, on or about February 4, 2008, Respondent received a Subpoena Duces Tecum (subpoena) requiring production of all medical records for patient WJ by a time-certain. 12. In response to the subpoena, on or about February 14, 2008, Respondent identified nine (9) pages of optometric records belonging to WJ. 13. In response to the subpoena, on or about February 14, 2008, while acting in his capacity as a licensed practitioner, Respondent signed a Certification of Completeness of Records for the nine (9) pages of records Respondent identified as those belonging to W1. , 14. In response to the subpoena regarding W3's optometric records, on or about February 14, 2008, Respondent willfully certified to the following: (1) that the records submitted were true and correct copies of WJ's records; (2) that the records submitted were made at or near the time of the patient’s visit(s) by, or from | information transmitted by, a person with knowledge: and (3) that the records were kept in the course of Respondent's regularly conducted business. 15. The records Respondent provided to RS on or about January 2008, which MS submitted as an attachment to WJ's complaint, were not identical to the records certified to and submitted by Respondent on or about February 14, 2008, in response to the subpoena. DOH v. Jerome D. Friedman, OD. 3 Case No. 2008-02239 May 28 2009 3:45 MAY-28-2889 8:18 FL DEPT OF HEALTH 856 488 1855 P.@9 16. Subsequent to January 2008, and prior to February 14, 2008, Respondent falsified W's optornetric records by altering or reconfiguring the optometric records provided to RS. 17, On or about February 14, 2008, Respondent certified to and then submitted altered or reconfigured records in response to the subpoena. 18. In either the original records submitted to RS upon request or the reconfigured or altered records submitted to the Department in response to its subpoena, the Respondent failed to perform or document performing a dilation on WJ or indicate, If not performed, the reason thereto, 19. In either the original records submitted to RS upon request or the reconfigured or altered records submitted to the Department in response to its subpoena, the Respondent failed to document WJ's family medical or ocular history. 20. In either the original records submitted to RS upon request or the reconfigured or altered records submitted to the ‘Department in response to its subpoena, the Respondent prescribed glasses for W, but failed to indicate any examination findings or finding of WJ's complaint, COUNT 1 21. The Department re-alleges and incorporates paragraphs one (1) through “twenty (20), as if fully set forth in this count. . 22. Section 463.015(2)(d), Florida Statutes (2008), provides that willfully making any false oath or affirmation when required to make an oath or affirmation DOH v. Jerome D. Friedman, O.D. 4 Cage No, 2008-02239 May 28 2009 3:45 MAY-28-2889 He:19 FL DEPT OF HEALTH 856 488 1855 P.1a pursuant to this chapter constitutes a misdemeanor of the second degree, punishable as provided in Sections 775.082 and 775.083. | 23. Subsequent to January 2008, and prior to February 14, 2008, Respondent falsified WJ's optometric records by altering or reconfiguring the optometric records provided to RS. 24, On or about February 4, 2008, Respondent received a Subpoena Duces Tecum (subpoena) requiring production of all medical records for patient WJ by a time- certain. 25. In response to the subpoena, on or about February 14, 2008, Respondent identified nine (9) pages of aptometric records belonging to WI. | 26. In response to the subpoena, on or about February 14, 2008, Respondent Signed and had witnessed a Certification of Completeness of Records for the nine (9) pages of records Respondent identified as those belonging to W). 27, In response ta the subpoena regarding W3‘s optometric records, on or about February 14, 2008, Respondent willfully certified to the following: (1) that the records submitted were true and correct copies of WJ’s records; (2) that the records submitted were made at or near the time of the patient’s visit(s) by, or from information transmitted by, a person with knowledge; and (3) that the records were kept in the course of Respondent's regularly conducted business. 28. On or about | February 14, 2008; Respondent made a’ false oath or. affirmation when he willfully certified that the altered or reconfigured records were true DOH v. Jerome D. Friedman, O.D, F) Case No. 2008-02739. : May 28 2009 3:47 MAY-28-2889 He:19 FL DEPT OF HEALTH 856 488 1855 P.ii and correct coples; that were made at or near the time of the patlent’s visit; that were kept in the course of Respondent’s regularly conducted business. 29. Based on the foregoing, Respondent violated Section 463.015(2)(d), Florida Statutes.(2008), by willfully making any false oath or affirmation when required fo make an oath or affirmation pursuant to this chapter when he falsified WJ's Optometric records by altering or reconfiguring the optometric records provided to RS, and then certified the altered or reconfigured records in response to the subpoena. COUNT 2 30. The Department re-alleges and incorporates paragraphs one (1) through twenty (20) as if fully set forth in this count. | 31. Pursuant to Section 463.016(1)(q), Florida Statutes (2008), a licensee is subject to discipline for violating any provision of Section 463.014 or Section 463.015, Florida Statutes (2008). 32, Section 463.015(2)(d), Florida Statutes, provides that willfully making any false oath or affirmation when required to maké an oath or affirmation pursuant to this — chapter constitutes a misdemeanor of the second degree, punishable as provided in Sections 775.082 and 775.083, Florida Statutes (2008), 33. Subsequent to January 2008, and prior to February 14, 2008, Respondent falsified WJ's optometric records by altering or reconfiguring the optometric records provided to RS, - 34. On or about February 14, 2008, Respondent made a false oath or affirmation when he willfully certified that the altered or reconfigured records were true DOH v. Jerome D. Friedman, O.D, 6 Case No, 2008-02239 May 28 2009 3:47 MAY-28-2889 8:19 FL DEPT OF HEALTH 856 488 1855 P.12 and correct copies; that were made at or near the time of the patient's visit; that were kept in the course of Respondent's regularly conducted business. 35. Based on the foregoing, Respondent violated Section 463.016(1)(q), Florida Statutes (2008) when he violated Section 463.015(2)(d), Florida Statutes (2008), by willfully making any false oath or affirmation when required to make an oath or affirmation pursuant to this chapter when he falsified WI's optometric records by altering or recorifiguring the optometric records provided to RS and then certified the altered or reconfigured records in response to the subpoena, | COUNT 3 ) 36. The Department re-alleges and incorporates paragraphs one (1) through twenty (20) as If fully set forth in this count. 37. Pursuant to Section 463.016(1)(e), Florida Statutes (2008), a licensee is Subject to discipline for making or filing @ report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to do so. Such reports or records shall include only those which are Signed by the licensee in her or his capacity as a licensed practitioner. 38 On or about June 28, 2004 and on or about August 11, 2006, WJ presented to Respondent for an eye examination. While acting in his capacity as a licensed practitioner, Respondent generated and signed optometric records indicating W3's diagnosis and prescription of +25 OD; +25 OS in 2004, and +75 OD; +75 OS in 2006. . DOH v. Jerome D. Friedman, O.D, 7 Case ‘No, 2008-02239 May 28 2009 3:47 MAY-28-2889 HS: FL DEPT OF HEALTH 856 488 1855 P.13 39. On or about January, 2008, RS asked Respondent for a copy of W1‘s optometric records, and Respondent complied. 40. The records Respondent provided to RS on or about January 2008, which ; MS submitted as an attachment to WJ's complaint, were not identical to the records certified to and submitted by Respondent on or about February 14, 2008, in response to the subpoena. 41. Subsequent to January 2008, and prior to February 14, 2008, Respondent falsified WI’s optometric records by altering or ‘reconfiguring the optometric records provided to RS. 42, Based on the foregoing, Respondent violeted Section 463.016(1}(e), Florida Statutes (2008), by making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to do so. COUNT 4 43. The Department ré-alleges and incorporates paragraphs one (1) through twenty (20) as if fully set forth in this count. 44. Pursuant to Section 463.016(1)(g), Florida Statutes (2008), a licensee is subject to discipline for fraud or deceit, negligence oF incompetency, or misconduct in the practice of optometry. 45. On or about January, 2008, RS asked Respondent for a copy of W's optometric records, and Respondent complied, DOH v. Jerome D. Friedman, O.D. 8 Case No. 2008-02239 May 28 2009 3:48 MAY-28-2889 HE! FL DEPT OF HEALTH 856 488 1855 P.14 46, In response to the subpoena, on or about February 14, 2008, Respondent identified nine (9) pages of optometric records belonging to Wi. 47, The records Respondent provided to RS on or about January 2008, which MS submitted as an attachment to WJ's complaint, were not identical to the records certified to and submitted by Respondent on or about February 14, 2008, in response to the subpoena. 48. Subsequent to January 2008, and prior to February 14, 2008, Respondent falsified WJ’s optometric records by altering or reconfiguring the optometric records provided to RS. . 49, Based on the foregoing, Respondent violated Section 463.016(1)(g), Florida Statutes (2008), by fraudulently or deceitfully altering or reconfiguring W's optometric records. ) COUNTS 50. The Department re-alleges and incorporates paragraphs one (1) through twenty (20) as if fully set forth in this count. | 51. Pursuant to Section 463.016(1)(t), Florida Statutes (2008), a licensee is subject to discipline for violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto. 52. Rule 64B13-3.010(3), Florida Administrative Code, states in pertinent part that an Optometrist shall provide that degree of care which is full and complete, consistent with the patient concerns presented, the professional competency of an optometrist, and the scope of practice of optometry. DOH v. Jerome D. Friedman, 0.D, 9 Case No. 2008-02239 May 28 2009 3:48 MAY-28-2889 HE! FL DEPT OF HEALTH 856 488 1855 P.is 53. Rule 64B13-3.010(7)(@), Florida Administrative Code, requires that in order to be in compliance with 64B13-3.007(2)(f). F.A.C., certified optometrists shall perform-a dilated fundus examination during the patients initial presentation, and thereafter, whenever medically indicated. If, in the certified optometrist's sound professional judgment, dilation is not performed because of the patient's age, physical limitations, or conditions, the reason(s) shall noted in the patient’s medical records. 54. In either the original records submitted to RS upon request or the reconfigured or altered records submitted to the Department in response to its subpoena, the Respondent failed to perform a dilation on WJ or indicate, if not ‘ performed, the reason thereto. 55. Based on the foregoing, Respondent violated Section 463,.016(1)(t), Florida Statutes (2008), by violating Rule 64B13-3.010(3) and Rule 64B13-3.010(7)(a), Florida Administrative Code. COUNT 6 56. The Department re-alleges and incorporates paragraphs one (1) through twenty (20) as if fully set forth in this count. 57. Pursuant to Section 463.016(1)(t), Florida Statutes (2008), a licensee is subject to discipline for violating any provision of this chapter or chapter 456,-or any rules adopted pursuant thereto. 58. Rule 64B13-3.007(1), Florida Administrative Code, states in pertinent part that a comprehensive eye examination is defined as a comprehensive assessment of the DOH v, Jerome D. Friedman, O.D. 10 Case No. 2008-02239 May 28 2009 3:48 MAY-28-2889 HS: FL DEPT OF HEALTH 856 488 1855 P.16 patient's visual status and shall include those procedures specified in subsection (2) below. 59. Rule 64B13-3.007(2), Florida Administrative Code, requires the following: (a) Patient’s history (personal and family medical history, personal and family ocular history, and chief complaint); sox (c) External examination; 7k 60. In either the original records submitted to RS upon request or the reconfigured or altered records submitted to the Department in response to its subpoena, the Respondent failed to document W's family medical or ocular history. 61, In either the original records submitted to RS upon request or the . reconfigured or altered records submitted to the Department in response to its subpoena, the Respondent prescribed glasses for WJ, but failed to indicate any examination findings or finding of WJ’s complaint. | ) 62. Based on the foregoing, Respondent violated Section 463.016(1)(t), Florida Statutes (2008), by violating Rule 64613-3.007(1) and (2), Florida Adininistrative Code. COUNT 7 63. The Department re-alleges and incorporates paragraphs one (1) through twenty (20) as if fully set forth in this count. DOH v. Jerome D. Friedman, O.D. 11 Case No. 2008-02239 May 28 2009 3:48 MAY-28-2889 Het2t FL DEPT OF HEALTH 856 488 1855 P.1? 64. Pursuant to Section 463,016(1)(k), Florida Statutes (2008), a licensee fs subject to discipline for failing to keep optometric records about the examinations, treatments and prescriptions for patients. 65, In either the original records submitted to RS upon request or the reconfigured or altered records submitted to the Department in response to its subpoena, the Respondent failed to perform or document performing a dilation on WJ or indicate, if not performed, the reason thereto. 66, In either the original records submitted to RS upon request or the reconfigured or altered records submitted to the Department in. response to its subpoena, the Respondent failed to. document W1’s family medical or ocular history. 67. In either the original records submitted to RS upon request or the - reconfigured or altered records submitted to the Department in response to its subpoena, the Respondent prescribed glasses for WJ, but failed to indicate any examination findings or finding of WI‘s complaint. 68. Based on the foregoing, Respondent violated Section 463.016(1)(k), Florida Statutes (2008), in one or more of the following ways: by failing to keep’ optometric records about (a) WI’s examinations; or (b) WI’'s treatments; or (c) W's prescriptions. WHEREFORE, Petitioner requests that the Board of Optometry 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, ‘DOR v. Jerome D. Friedman, O.D. . 12 Case No. 2008-02239 May 28 2009 3:49 MAY-28-2889 Het2t FL DEPT OF HEALTH 856 488 1855 P.18 refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate, SIGNED this _/(0 day of NAvch 2009. Ana M, Viamonte Ross, M.D., M.P.H. State Surgeon Ge wo NEPUTY CLERK Khai Patterson, Assistant General Counsel LERK RaghelB DOH Prosecution Services Unit DATE “1-0 ; 4052 Bald Cypress Way, Bin C-65. Tallahassee, Florida 32399-3265 , Florida Bar No.: 0023221 (850) 922-2268 Telephone (850) 922-2382 Facsimile PCP Panel Members: WV Clane ond O\cs PCP Date: Mercy lo Qooy FLED _ DEPARTMENT OF HEALTH DOH v. Jerome D, Friedman, O.D. B Case No. 2008-02239 May 28 2009 3:49 MAY-28-2889 Het2t FL DEPT OF HEALTH 856 488 1855 P.1i9 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 vy, Jerome D. Friedman, ©.D. 14 Case No. 2008-02239 TOTAL F.1d

Docket for Case No: 09-002909PL