Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: CECILIO TORRES-RUIZ, M.D.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Kissimmee, Florida
Filed: Aug. 20, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 2, 2009.
Latest Update: Dec. 24, 2024
Aug 20 2009 9:53
dug 20 2009 9:49 ; P.O2
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STATE OF FLORIDA |
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH, |
PETITIONER, |
v. CASE NO.: 2008-13384
CECILIO TORRES-RUIZ, M.D.
RESPONDENT,
DMINISTRATIVE CO
COMES NOW, Petitioner, Department of Health, by and through
its undersigned counsel, and files this Administrative Complaint
before the Board of Medicine against Respondent, Cecilio Torres:
Ruiz, 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 a
licensed physician. within. the. state of Florida, having been issued
license number ME 68851.
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3. Respondent’s address of record is 4545 Pleasant Hill
Road, Suite 112, Kissimmee, Florida 34759, |
4. On or about July 21, 1995, Respondent was issued an
initial license to. practice as a physician in the State of Florida. |
5. Onor about February 1, 2006, Respondent entered into a
contract to rent storage space from’ Personal Mini Storage Vine
(Personal Storage) at 608 West Vine Street, Kissimmee, Florida
34741, |
6. Respondent stated in the contract that office equipment
would be stored in the unit. , |
7. Additionally, one of the terms of the contract specify that
“IF RENT AND OTHER CHARGES ARE NOT PAID, OWNER MAY
ENFORCE ITS LIEN ON TENANT’S PROPERTY BY SELLING OR
OTHERWISE DISPOSING OF THE TENANT'S PERSONAL PROPERTY
STORED IN THE SPACE.”
8, The total monthly charge for the storage unit was
$195.81, |
9. AS of March 13, 2008, Respondent was. in default on his
storage unit rental charge in the amount of $918.06, According to
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the contract, the. property in the storage space would be advertised
for sale or other disposition, if payment was not made in full. |
10. On or about May 19, 2008, the items in the Respondent's
storage unit were sold at an auction. !
11. Kenny Stevens bid and was awarded the contents of the
Respondent's Personal Storage unit on or about May 19, 2008. The
contents of the unit were listed as “office furniture,” as per the
Respondent's statement in the contract. However, Kenny Stevens
and his wife, Melody, discovered several boxes in the unit filled with
medical records of numerous persons.
12. The Respondent was identified as the physician: in the
records. Mr and Mrs. Stevens contacted the Respondent's office to
advise him of the storage unit and to speak with the Respondent.
They were refused, at least three times, to speak with the
Respondent. :
13. Mr and Mrs. Stevens contacted WKMG-TV News (Local
6)’s “Problem Solvers” in an effort to have the Respondent recover
the records,
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14. After “Problem Solvers” made contact with the
Respondent, an unidentified man met Mr and Mrs. Stevens at the
Respondent's storage unit and paid them $1000.00 to buy back the
records Mr. and Mrs. Stevens purchased from the auction, |
15. Petitioner realleges and incorporates paragraphs one (1)
through fourteen (14) as if fully set herein. |
16. Section 458.331(1)(nn), Florida Statutes (2007),
provides that violating any provision of Chapter 458 or Chapter 456,
or any rules adopted pursuant thereto, constitutes grounds for
disciplinary action by the Board of Medicine.
17, The Respondent failed to comply with Rule 64B8-
10,002(2), Florida Administrative Code, by failing to maintain the full
and total responsibility for and control of all files and records relating
to his patients and his medical practice. ,
18. Based on the foregoing, Respondent has Violated Section
458.331(1)(nn), Florida Statutes (2007), by failing to adequately
comply with Rule 64B8-10,002(2), Florida Administrative Code.
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COUNT II
19. Petitioner realleges and incorporates paragraphs one (1)
through fourteen (14) as if fully set herein. |
20. Section 456.072(1)(k), Florida Statutes (2007), provides
that failing to perform any statutory or legal obligation placed upon a
-_ficensee is grounds for discipline by the Board of Medicine.
21. Section 456.057(8), Florida Statutes (2007), states that
“information disclosed to a health care practitioner by a patient in the
course of the care and treatment of such patient is confidential and
may be disclosed only to other health care practitioners and providers:
involved in the care or treatment of the patient, -or if permitted by
written authorization from the patient... i
22. Respondent has failed to perform a statutory obligation
by failing to conceal patients’ medical information, specifically their
medical records, as required by Section 456.057(8), Florida Statutes
(2007).
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23. Based on the foregoing, Respondent | has
violated Section 456.072(1)(k), Florida Statutes (2007), by failing to
conceal patients’ medical information, specifically their medical
records, as required by Section 456.057(8), Florida Statutes (2007).
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WHEREFORE, the 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 jicense, 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 this ve day of June | , 2009.
Ana M. Viamonti Ros, M, D.M. PH.
State Surgeon General
i
t
By: Edrene A. Johnso
unsel |
DEPARTMENT OF HEALTH Assistant General el
Rate eee DOH-Prosecution Services at
oe e048 ‘4052 Bald Cypress Way-Bin C-65
Tallahassee, Florida 32399-3265
Florida Bar #0010441
(850) 245-4640/(850)245-4681 f
“ 94
PCP: ae
“PCP Members: fr lilt Bebe
DOH v. Cecilio Torres-Ruiz, M.D., DOH case #2008-13384
APSUANMedical\Edrene\Cases\Torres-Ruiz.ac 2008-33384 7
Docket for Case No: 09-004594PL
Issue Date |
Proceedings |
Oct. 02, 2009 |
Order Closing File. CASE CLOSED.
|
Sep. 28, 2009 |
Motion to Relinquish Jurisdiction filed.
|
Sep. 04, 2009 |
Order of Pre-hearing Instructions.
|
Sep. 04, 2009 |
Notice of Hearing (hearing set for November 10, 2009; 9:00 a.m.; Kissimmee, FL).
|
Aug. 28, 2009 |
Notice of Appearance of Co-counsel (of E. Johnson) filed.
|
Aug. 27, 2009 |
Response to Initial Order filed.
|
Aug. 24, 2009 |
Petitioner's First Request for Production of Documents to Respondent filed.
|
Aug. 24, 2009 |
Petitioner's First Set of Interrogatories filed.
|
Aug. 24, 2009 |
Petitioner's First Request for Admissions to Respondent, Ceclio Torres-Ruiz, M.D. filed.
|
Aug. 24, 2009 |
Notice of Serving Petitioner's First Request for Production, First Request for Interrogatories and First Request for Admissions to Respondent filed.
|
Aug. 20, 2009 |
Initial Order.
|
Aug. 19, 2009 |
Election of Rights filed.
|
Aug. 19, 2009 |
Administrative Complaint filed.
|
Aug. 19, 2009 |
Agency referral filed.
|