STATE OF FLORIDA DEPARTMENT OF HEALTH , DEPARTMENT OF HEALTH, ! i PETITIONER, v. | CASE NO.: 2006-01223 LEONARD ABRAHAM RUBINSTEIN, M.D., | RESPONDENT. NI TIVE COMPLAINT CONES 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: | 4. Petitioner is the state department charged with regulating the pr 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. - B0'd zZid, 6002 92 49g 9Z:ST 60nZ Sz das actice of medicine pursuant to Section 20.43, Florida Statutes; Chapter: Lo? 4-7 3. Respondent's address of record is 4921 Heigl Avenue, Sarasota, Florida 34202. 1 . 4, In or about January of 2006, Respondent placed an advertisement in the Sarasota Downtown and Beyond Magazine. 5. In the advertisement, Respondent stated he was a Diplomat i and the newly. elected President of the International Board of Plastic, Aesthetic ond Reconstructive Surgery. 6. on or about January 7, 2004, the Florida Board of Medicine filed fina order number DOH-04-0020-S-MQA, permanently restricting Respondent's license jn such a manner as to prohibit him: from advertising himself as a Certified. Diplomat of the International Board of Plastic, aesthetic and Reconstructive Surgery. 7. ! The International Board of Plastic, Aesthetic and Reconstructive | Surgery, is not recognized by the State of Florida as a qualified certifying board. | 8. Rule 64B8-11.001(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 Od ze'Sk 6002 G2 dag er 9Z:ST 600Z Gz das 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 renghzng agency is approved by the Board. However, a physician may use an 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 oF: 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.” | 9. Respondent did not include the statement required by Rule 64B8-11. 0O1(2)(P), Florida Administrative Code, when he advertised recogntion received from an agency not recognized by the Florida Board of Medicine, 10. on or about February 21, 2006, Respondent's practitioner profile sated that he was board certified by the American Board of Internal Medicine. 41, On or about April 14, 2006, a Departmental Investigator searched the American Board of Medical Specialties website for ‘ 4 50°d zZig. 6002 92 49g 2Z:ST 600Z Sz das Respondent's board certification(s) and was unable to find Respondent certified. | 12. on or about October 2, 2006, the Department contacted directly the American Board of Medical Specialties, and received a statement that Respondent is not Board Certified by any of the twenty-four (24) recognized boards. i | COUNT ONE 13.) | Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 14, Section 458,331(1)(d), Florida Statutes (2005), provides that the Boar of Medicine may impose discipline for false, deceptive, or misleading advertising. 15. Respondent stated in his advertisement that he was a Diplomat and the newly elected President of the International Board of Plastic, : Aesthetic and Reconstructive Surgery, 4 board not recognized by the Florida foard of Medicine. 16, Respondent failed to comply with Rule 64B8-11.001(2)(f), Florida Administrative Code, by failing to include the disclaimer required 30°d zZig. 6002 92 49g 2Z:ST 600Z Sz das when advertising recognition received from an agency not recognized by the Florida Board of Medicine. 17. Based on the foregoing, Respondent has violated Section 458. 331(1X¢), Florida Statutes (2005), 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,” in violation of Rule 64B8- 11,001(2)(f), Florida Administrative Code. | COUNT TWO 18. Petitioner: realleges and incorporates paragraphs one (1) through rine (9) as if fully set forth herein. 19. Section 458.331(1)(x), Florida Statutes (2005), provides that the Board of Medicine may impose discipline for violating any provision of this chapter, 4 rule of the board or department, or a lawful order of the board or department: previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department. | 20. Respondent violated a final order number DOH-04-0020-S of the Boatd of Medicine dated January 7, 2004. Said final order permanently | cod ZE:SL Bonz 9Z das a ee J2:51 6002 Sz das restricts Respondent from advertising himself as a Certified Diplomat of the International Board of Plastic, Aesthetic and Reconstructive Surgery. 21. ‘Based on the foregoing, Respondent has violated Section 458,331(1)(X), Florida Statutes (2005), by violating a final order of the Board of Medicine, through his advertisement, holding himself out as a Diplomat and the newly elected President of the International Board of Plastic, Aesthetic and Reconstructive Surgery. | COUNT THREE 22. Petitioner realleges and incorporates paragraphs one (1) through three (3) and ten (10) through twelve (12) as if fully set forth herein. 23. Section 456.072(1)(v), Florida Statutes (2005), provides. for disciplinary actions for failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing . to timely provide updated information, Or making mislead 0, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application. 24, Respondent stated in his practitioner profile that he was board certified by the Board of Internal Medicine. 80 “d Beg. BoO0e Gz das 22:57 600Z Sz das 25. Respondent is not board certified by the Board of Internal i | Medicine. 26. Based on the foregoing, Respondent has violated Section j : 456, o72(1)(v), Florida: Statutes (2005), by making a misleading,’ untrue, deceptive or fraudulent ‘representation on his practitioner profile. 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, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the a Board deems appropriate. i 4 60 ‘d Be: bone 42 dag SFIS B00 Se das i in 2007. Signed this , day of __ “Ue | Ana M. Viamonte Ros, M.D., M.P.H. | Secretary, Department of Health wn { S Braswell Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0028845 (850) 245-4640 (850) 245-4681 Fax SNB PCP: June 8, 2007 PCP Members: ' Dr. Leon, Dr. Barrau, Mr. Beebe | | | { i | j i Old ezigl Bone 92 das 8Z:ST 600z Sz das i 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 d to have subpoena and subpoena cross-examine witnesses an duces tecum issued on his or her behalf if a hearing is requested. | 4 | i | 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. | { | | | i | ! Lk “d e229. 6002 92 das 8Z:ST 600% Sz das

Docket for Case No: 09-005268PL