S6 AN STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, | ve CASE NO.: 2007-29027 - LEONARD ABRAHAM RUBINSTEIN, M.D., | RESPONDENT. — . : / ‘ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its . undersigned counsel, and files this Administrative Complaint before ‘the Board of Medicine against the Respondent, Leonard Abraham Rubinstein, 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 37720. e0"d PLIGL 6002 G2 deg BLS B00 Sz das $9-4A-Z 3. Respondent's address of record is 1805 Siesta Drive, Sarasota, Florida, 34239, 4, On or about September 18, 2007, Respondent placed an advertisement: in the Herald- Tribune, 5. In the advertisement, Respondent stated, “Selected as one of ‘America’s Best Plastic Surgeons’ 2006 Consumers’ Research Council of . America.” . 6. Rule 6488-11.001(2)(h),-Florida Administrative Code, provides that any advertisement. or advertising shall be deemed by the Board to be false, deceptive, or misleading if it conveys the impression that the physician disseminating the advertising or referred to therein possesses qualifications, skills, or other attributes, which are superior to other physicians, other than a simple listing of earned professional post-doctoral or other professional achievements recognized by the Board. 7 The Consumers’ Research Council.of America is not recognized by the State of Florida as.a qualified certifying board. 8. In the advertisement, Respondent stated he was a Fellow of the American Academy of. Cosmetic Surgery and the ‘President of the - American Society of Plastic Surgery. ro'd GLiGk 6002 Gz deg 6I:ST 600z Gz das %. The American Academy of Cosmetic Surgery i is not recoghized by the State of Florida as a qualified certifying board. 10. The American Society of Plastic Surgery is not recognized the State of Florida as a qualified certifying board. 11. Rule 6488-11.001(2)(f), Florida Administrative Code, provides that no physician’ shall disseminate or cause the dissemination of any . advertisement or advertising which is in any way false, deceptive, or misleading. Any advertisement or advertising shall be deemed by the Board ot to be false, deceptive, or misleading if it states or implies that the physician has received formal recognition as a specialist in any aspect of the practice , of medicine unless the physician has in fact received such recognition and ; such recognizing agency is approved by the Board. However, a physician may use on -letterhead or in advertising a reference to the physician’s . | specialty recognition received from a recognizing agency that has not been approved by the Board only if the letterhead or advertising also contains in the same print size or volume the statement that “The specialty recognition identified herein has been received from a private organization not affiliated with. or recognized by the Florida Board of Medicine.” god GLiGk 6002 Gz deg 0Z:ST 600z Gz das 12. Respondent did not include the statement, “{t}he specialty t recognition identified herein has been received from a private organization not affliated with or recognized by the Florida Board of Medicine,” aoe required by Rule 64B8-11.001(2)(f}, Florida Administrative Code, when he: . advertised recognition received from an agency not recognized by the Florida Board of Medicine. 13. Additionally, Respondent's advertisement stated: “Present this ad and- [receive $500 certificate towards {cosmetic [sJurgery. One coupon per customer. Cannot combine with other offer, Valld through Oct. 31, 2007. Call [tloday to reserve seat (space limited). For a free jnitial consultation and to receive a free no-obligation info packet.” 14, Section 456.062, Florida Statues (2007), states In any advertisement for a free, discounted fee, or reduced fee service, examination, or treatment by a health care practitioner licensed under : chapter 458,...the following statement shall appear in capital letters clearly distinguishable from the rest of the text: THE PATIENT AND ANY OT! HER PERSON RESPONSIBLE FOR PAYMENT HAS A RIGHT TO REFUSE TO PAY, . CANCEL PAYMENT, OR BE REIMBURSED FOR PAYMENT FOR ANY OTHER SERVICE, EXAMINATION, OR TREATMENT THAT IS PERFORMED AS A RESULT OF AND WITHIN 72 HOURS OF RESPONDING TO THE 90d GLiGk 6002 Gz deg 0Z:ST 600z Gz das ADVERTISEMENT FOR THE FREE, DISCOUNTED FEE, OR REDUCED FEE ~ SERVICE, EXAMINATION, OR TREATMENT. 15. Respondent did not capitalize the statement required by Section 456,062, Florida Statutes, for advertisements by health care practitioner for free or discounted services, ‘ , COUNT ONE | 16. Petitioner realleges and incorporates paragraphs: one. (1) through twelve (12) as if fully set forth herein, | 17. Section 458,331(1)(d), Florida Statutes (2007), provides that ‘the. Board of Medicine may impose discipline for false, deceptive, or misleading advertising. 18, Respondent stated in his advertisement that he was selected as one of “America’s Best Plastic Surgeons” 2006 - by the Consumers’ Research Council of America, conveying the impression that the physician disseminating the advertising or referred to therein possesses qualifications, skills, cr other attributes, which are superior to other physicians: . 19, Respondent stated in his advertisement that he was a Fellow of the American Academy of Cosmetic Surgery, a board/agency not éo'd GLigk 6002 Gz deg OZ:ST B00 Sz das recognized by the Florida Board of Medicine, and failed to include the disclaimer required when advertising recognition received from an agency not recognized by the Florida Board of Medicine. | a 20, Respondent stated in his advertisement that he was President of the “American Society of Cosmetic Surgery, a board/agency not recognized by the Florida Board of Medicine, and failed to’ include the disclaimer required when advertising recognition received from an agency not recognized by the Florida Board of Medicine. ; 21, Based on the foregoing, Respondent has violated Section . 458.331(1)(d), Florida Statutes (2007), by violating Rule 6488: 11, 001(2)(h), Florida Administrative Code, by conveying the impression that the physician disseminating the advertising or referred to, therein: 7 Pesci qualifications, skills, or other attributes, which are superior to, other physicians, and Rule 64B8-11.001(2}(F), Florida Administrative Code, by not Including in. his advertisement the statement, “The specialty recognition identified herein has been received from a private organization not affiliated with or recognized by the Florida Board of Medicine.” | i aod GLigk 6002 Gz des 0Z:ST 600z Gz das . COUNT TWO 22. Petitioner realleges and incorporates paragraphs one (4) through four (4) and thirteen (13) through fifteen (15) as if fully set with herein. . 7 23. Section 458,331(1)(g), Florida Statutes (20079, provides’ that 7 failing to perform any statutory or legal obligation placed upon a licensed physician is grounds for disciplinary action by the Board of Medicine, - 24, Respondent violated Section 456.062, Florida Statues (2007), by falling to capitalize the required statement and making the statement - clearly distinguishable from the rest of the text. 28, Based on the. foregoing, Respondent has violated Section 458. 331(1)(9), Florida Statutes (2007), by failing to perform a statutory/legal obligation. Specifically, failing to capitalize the statement . required by Section 456.062, Florida Statutes (2007), for free or discounted - services, : 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 license, restriction of practice, imposition of an administrative fine, issuance. of a reprimand, | 60"d GLigl 6002 Gz deg T2:S. 600% Gz das 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 0°" day of__fébnmauye 2008. Ana’M, Viamonte Ros, M.D., M.P.H. State Surgeon. General Stat? Braswe Assistant General Counse} DOH Prosecution Services Unit _ #052:Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0028845 (850) 245-4640 (850) 245-4681 Fax PCP: February 8, 2008 PCP Members: Ashkar, Lage, Beebe aob'd GLigl 6002 Gz deg T2:S. 600% Gz das 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 456.0172(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 any other discipline Imposed. Lk'd GLigk 6002 Gz des TZ:GT 600Z oz das

Docket for Case No: 09-005265PL