Aug 31 2009 13:27 ge/3e/ 2889 88:18 8584146749 DEPR OGA PAGE @2/a7 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2003-089036 AUSBERTO BUZA TAGUINOD, DVM, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Board of Veterinary Medicine against AUSBERTO BUZA TAGUINOD, DVM , ("Respondent"), and alleges: 1. Petitioner is the state agency charged with regulating the practice of veterinary medicine, pursuant to section 20.164, Florida Statutes, and chapters 455 and 474, Florida Statutes. 2. At all times material hereto, Respondent was licensed in the State of Florida as 4 veterinarian, having been issued license number VM 5159. 3. Respondent's address of record is 4932 Maybank way, Jacksonville, Florida 32225, 4. On or about August 29, 2003, Pamela Lynn Kleinsasser took her 15 year old cat “Frito” to Clay County Humane Society, Inc., because her appetite was declining and she had become lethargic. ge/3e/ 2889 88:18 8584146749 DEPR OGA Aug 31 2009 13:28 PAGE 5. Priot to Frito’s August 29,2003, visit, Respondent Jast performed a blood chemistry panel on July 24, 2003. 6. On or about August 29, 2003, after examination “Frito” received medication for her thyroid. 7. On or about October 2, 2003, Pamela Lynn Kleinsasser retumed to Clay County Humane Society, Inc., because “Frito’s” condition continued to decline. “Frito” stopped eating, was lethargic, had bad breath and walked wobbly. 8. The Respondent was the attending veterinarian and performed the exarnination. 9. The Respondent diagnosed “Frito” as suffering with severe periodontal disease. 10. The Respondent’s examination of “Frito” found no problems that wers not consistent with periodontal disease. 11. The Respondent recommended dental prophylaxis and prescribed oral antibiotics. 12. On or about October 7, 2003, Respondent performed the dental prophylaxis on “Frito” under anesthesia. | 13. Respondent did not perform a blood chemistry panel prior to administering anesthesia to Complainant’s cat. 14. Qn or ahout October 7, 2003, “Frito” was still lethargic, not eating and was having diarrhea. 15. On or about October 9, 2003, Pamela Lynn Kleinsasser retumed to Clay County Humane Society, Inc., because “Frito’s” condition continued to decline. 16. On October 9, 2003, Frito was examined by Dr. Jennifer B. Jordan. 17. Dr. Jordan observed “Frito” as lethargic, ataxic, dehydrated and in respiratory distress. a3/ay Aug 31 2009 13:28 98/38/2889 88:18 85 a4146749 DEPR OGA PAGE 84/87 18. Dr. Jordan took radiographs and ordered complete blood count and blood chemistry panel. 19, Dr, Jordan diagnosed “Frito” with acute renal crisis and thrombocytopenia. 20. Complainant agreed to euthanize “Frito” after recommendation by Dr. Jordan. 21. Frito was euthanized on October 9, 2003, by Dr. Jordan, © 32. Section 474.214(1)(), Florida Statutes, states that being guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances shall constitute grounds for which the disciplinary action. 23, Based on the foregoing, Respondent violated section 474,214(1)(@), Florida Statutes, by failing to perform a complete blood chemistry pavel prior to performing dental surgery. Respondent is therefore subject to discipline by the Board of Veterinary Medicine pursuant to section 474.214(2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Veterinary Medicine enter an order imposing one or more of the following penalties: revocation ot suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine not to exceed $5,000 per violation, issuance of a reprimand, placement of the Respondent on probation, assessment of costs association with the investigation, imposition of any or all penalties delineated within section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to chapters 455 and/or 474, Florida Statutes, and/or the rules promulgated thereunder. Aug 31 2009 13:28 ge/3e/ 2889 88:18 8584146749 DEPR OGA PAGE 85/87 the Signed this HW day of __~ Lak doy , 2005. y Trew F. Winters Assistant General Counsel Case # 2003-089036 Counsel for the Department: Drew F. Winters F | L F D Assistant General Counsel Department of Business and Professional Regulation Florida Bar Number 0679941 AGENCY CLERK Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street CLERK Se mo 4 * Wed any Tallahassee, FL 32399-2202 DAT 2A2ZO DFWiwab - 11 April 2005 Pap Ath’ Ww-od ‘02

Docket for Case No: 09-004739PL