STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv _ DOH CASE NOs, 2002-06498 | 2002-18866 | 2002-22569 MIGUEL A. ARGUETA, D/O., RESPONDENT. AD IST TVE COMPLAINT COMES NOW, Petitigner, Department of Health, by and through its undersigned counsel and files this Administrative Complaint before the . Board of Osteopathic Metlicine against Respondent, Miguel A. Argueta, D.O., and in support thereof alleges: 1, _ Petitioner is the state department charged with regulating the practice of osteopathic medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Flotida Statutes; and Chapter 459, Florida Statutes. é0‘d 9l*6 66008 @ 490 0¢:6 600¢ € 450 i hd ON. ~ 2. Respondent is}and has been at all times material hereto, a licensed osteopathic physician in the State of Florida, having been issued license number OS 7512. 3 Respondent is not board certified. 4, “Respondent's address of record is P.O. Box 1557, Hallandale, Florida 33008, 5. Rule 64B15-14.008, Florida Administrative Code, outlines the Standards for Telemedicine Practice for Osteopathic Physicians: (1) Prescribing medications based solely on an electronic medical questionnaire constitutes the ‘failure to practice osteopathic medicine with that level of care, skill, and treatment which is “recognized by reasonably prudent osteopathic physicians as} being acceptable under similar ‘ conditions andj circumstances, as well as prescribing ‘tegend drugs| other than in the course of an osteopathic physician's professional practice. Such | practice shall | constitute grounds for disciplinary action pursuant to Sections 459.015(1)(x) and (t), RS. (2) Osteopathic Physicians shall not provide treatment recommendations, including issuing a | prescription, via electronic or other means, unless ' the following elements have been met: (a) A documented patient evaluation, including history . and physical examination, adequate to establish the diagnosig for which. any drug is prescribed. 60 ‘d 9l*6 66008 @ 490 02:6 600¢ 2 450 (b) Sufficient dialogue between the osteopathic physician and the patient regarding] treatment options and the risks and benefits of treatment. (c) ‘Maimtenance of contemporaneous medical | records meeting the requirements of Rule 64B15-15.004, PAC. 6. ‘Rule 64B15-15|004, Florida Administrative Code, outlines the minimum requirements for medical records maintained by an osteopathic physician: | (1) For the purpose of implementing the provisions of subsection| 459.015(1)(0), F.S., osteopathic physicians shall maintain written legible records on each patient. | Such records shall contain, at a minimum, the following information about the | patient: (a) Patient histories; -(b) Examination results; (c) Test results; -(d) Records of drugs prescribed, dispensed or administered; (@) Reports of consultations; and -(f) Reports of hospitalizations. (Emphasis added). FACTS RELATING TO PATIENT J.R. 7. | On or around February 20, 2002, Patient J.R., resident of Texas, completed a questionnaire through an Internet site. 8. Based on this| questionnaire, Respondent prescribed Viagra to Patient J.R. pOd 9l?6 66008 @ 490 T2:6 600¢ 2 450 hho Moo 9. Viagra, a legend drug containing Sildenafil citrate, is used for the treatment of erectile dysfunction. Viagra is used to treat impotence in men. Men who are currently using medicines that contain nitrates, such as nitroglycerin should not take Viagra because taken together they can lower the blood pressure too much. Viagra should not be used by women or children. . 10. Respondent did not conduct a physical examination of Patient IR. prior to prescribing Viagra. | 11, Respondent did not obtain a complete history “prior to prescribing Viagra for Patient J.R. 12. ! Respondent did not document a diagnosis of Patient J.R. prior to prescribing Viagra. | 13. | Respondent did not discuss with Patient J.R. treatment options and the risks and/or benefits of Viagra. 14. : On cor around February 20, 2002, Patient J.R. received an *Order Confirmation” confirming an order number #93392 for ten (10) Viagra 100 mg. tablets. 15. The prescription for ten (10) Viagra 100 mg. tablets was filled bya pharmacy located outside Fiorida. 90d 9l*6 66008 @ 490 Té:6 600¢ €@ 450 pb EES Do : 16, On or before A , February 25, 2002, Patient J.R. received the prescriptions of ten (10) Viagra 100 mg, tablets with Respondent's name as the prescribing physician. 17. Respondent did not maintain written legible records on Patient LR. including, but not limited to; a) — Results.af a physical examination on Patient J.R. prior to prescribing Viagra; -b) A complete history on Patient J.R. prior to prescribing Viagra; ¢) A diagnasis or treatment plan for Patient J.R. prior to prescribi d) Records hg Viagra; of prescribing, dispensing, or administering Viagra to Patient J.R.; and e) Evidence of consultation with Patient J.R. regarding treatment options and the risks and/or benefits of Viagra. 90 ‘d 9L?6 066008 @ 420 T2:6 6002 2 COUNT ONE 18. Petitioner realleges and incorporates by reference paragraphs one (1) through seventee One. n (17) as if fully incorporated herein this Count 19. Section 459.015(1)(x), Florida Statutes (2001), provides that gross or repeated malpractice or the failure to practice osteopathic medicine with that level of/care, skill, and treatment which is recognized by a reasonably prudent similar osteopathic physician as being acceptable under similar conditions| and circumstances constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. 20. Respondent failed to practice osteopathic medicine with that level of care, skill, and treatment which is recognized by reasonably prudent osteopathic physicians as being acceptable under similar conditions and circumstances in one or more of the following ways: _a, By issuing aj prescription to J.R. for Viagra based solely on an internet: questionnaire; é0‘d él'6 6008 @ Té:6 600 2 420 oan “ ‘b. By failing to} conduct a patient evaluation, including history and physical] examination, adequate to establish a diagnosis _ for J.R. for which Viagra was prescribed; ¢, By failing ta engage in any dialogue with J.R. regarding treatment options and the risks and benefits of treatment with Viagra; 21. ‘Based on the foregoing, Respondent violated Section 459.015(1)(%), Florida Statutes (2001), by gross or repeated malpractice or the failure to practice osteopathic medicine with that level of care, skill, and treatment that is fecognized by a reasonably prudent similar osteopathic physician as being acceptable under similar conditions and circumstances. | COUNT TWO 22, | Petitioner realleges and incorporates by reference paragraphs one (1) through seventeen (17) as if fully incorporated herein this Count Two. 23. | Section 459.015(1)(t), Florida Statutes (2001), provides that prescribing, dispensing, administering, supplying, selling, giving, mixing, or otherwise preparing a legend drug, including all controlled substances, 80 ‘d él'6 600@ @ +90 ée:6 600¢ 2 450 other than in the course of/the osteopathic physician's professional practice constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. | 24. Respondent prescribed Viagra, a legend drug requiring a prescription, based solely|on an internet questionnaire and in so doing prescribed a legend drug other than in the course of .an osteopathic physician's professional practice. 25, ‘Based on the foregoing, Respondent violated’ Section 459.015(1)(), Florida Statutes (2001), by prescribing, dispensing, administering, supplying, selling, giving, mixing, or otherwise preparing a legend drug, including all ¢ontrolled substances, other than in the course of an osteopathic physician’s|/professional practice. COUNT THREE 26, : Petitioner realleges and incorporates by reference paragraphs one (1) through seventeen (17) as fully incorporated herein this Count Three, , 27. Section 459.0115(1)(0), Florida Statutes (2001), provides that failing to keep legible, as defined by department rule in consultation with 60d élt6 6008 6 +90 ée:6 600¢ 2 450 the board, medical records|that identify the licensed osteopathic physician or the osteopathic physician extender and supervising osteopathic physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not innited to, patiemt histories: examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. 28, Respondent failed to keep medical records that included the minimum required information outlined in Rule 64B15-15.004, Florida Administrative Code, including but not limited to, failure to document physical examination results for Patient J.R. 29. ‘Based on the foregoing, Respondent violated Section 459,015(1)(0), Florida ‘Statutes (2001), failing to keep legible, as defined by department tule in consultation with the board, medical records that identify the licensed osteopathic physician or the osteopathic physician extender and ‘supervising josteopathic physician by name and professional title who is or are responsible for rendering, ordering, supervising or billing Ol‘d él'6 600@ @ +90 ée:6 600¢ 2 450 for each diagnostic or treatment procedure and that justify the course of treatment of the patient, |including, but not limited to, patient. histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. ! COUNT FOUR 30. Petitioner realleges and incorporates by reference paragraphs one (1) through seventeen (17) as if fully incorporated herein this Count Four. | 31. | Section 459.015(1)(pp), Florida Statutes (2001) provides that violating any provision of this’ chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for disciplinary action by the Board of Osteopathic Medicine, 32, | Respondent failed to meet the elements required by Rule 64B15-14.008, Florida Administrative Code, for providing treatment recommendations, including issuing a prescription, via electronic or other means when: | a) Respondent did not conduct and document a patient evaluation,| including history and physical examination, Lk *d Blt6 6008 6@ +40 ée:6 600¢ 2 450 adequate to] establish the diagnosis for which Viagra was | prescribed for Patient 1R.} ‘b) Respondent did not engage in any dialogue with Patient J.R. | regarding treatment options and the risks and benefits of Viagra treatinent; 9 Respondent] did not maintain contemporaneous osteopathic : medical records for Patient J.R. that meet the requirements — of Rule 64B15-15.004, Florida Administrative Code; 33. | Based on. the foregoing, Respondent violated Section 459.015(1)(0p), Florida Statutes (2001), violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto, to wit: Rule 64B15-14,008, Florida Administrative Code. FACTS RELATING TO PATIENT W.B. (a/k/a T.G,) 34. i On or around! February 11 2002, Patient W.B. (a/k/a T.G.), a resident of Missouri, completed a questionnaire through an Internet site. 35. Zyban is a legend drug containing bupropion —_ hydrochloride, and is used in the treatment to aid in the cessation of smoking. Zyban should not be used by people who: 1) are alreacly taking other medication él‘d Blt6 6008 6 +90 S26 600¢ 2 450 ie | ~ that contain bupropion; 2) Nave seizures or a medical condition that makes them prone to seizures, are taking monoamine oxidase inhibitors (MAOT), phenelzine, or tranylcypromine; 3) have an eating disorder; or 4) have an alcohol use problem. , 36. Over the Internet, Patient W.B. completed an online questionnaire and was prescribed Zyban by Respondent. 37, Respondent did not conduct a physical examination of Patient W.B. prior to prescribing Zyban. 38. Respondent did not obtain a complete history prior to prescribing Zyban for Patient W.B, 39. Respondent dic not document a diagnosis of Patient W.B. prior to prescribing Zyban. 40. Respondent did not discuss with Patient T.B. treatment options and the risks and/or benefits of Zyban. , 41, ‘The prescription for thirty (30) Zyban 150 mg. tablets was filled by a pharmacy located outside Florida. 42, on or before [February 14, 2002, Patient W.B. received the prescriptions of thirty (30)} Zyban 150 mg, tablets with Respondent's name as the prescribing physician. | Bld Blt6 6008 6@ +40 S26 600¢ 2 450 | i.e a 43. ‘Respondent did not maintain written legible records on Patient W.B. including, but not limited to; a) Results of a physical examination on Patient W.B. prior to | prescribing Zyban; 6b) A complete history on Patient W.B. prior to prescribing Zyban; -¢) A diagnasis or treatment plan for Patient W.B. prior. to prescribing Zyban; d) Records | of prescribing, dispensing, or administering Zyban to|Patinet W.B.; and e) ~. Evidence} of consultation with Patient W.B. regarding treatment options and the risks and/or benefits of Zyban. COUNT FIVE 44, | Petitioner realleges and incorporates by reference paragraphs one (1) through six (6), and thirty-four (34) through forty-three (43) as if fully incorporated herein this Count Five. 45. “Section 459,045(1)(x), Florida Statutes (2001), provides that gross or repeated malpractice or the failure to practice osteopathic tl od Blt6 6008 6@ +40 S26 600¢ 2 450 medicine with that level of |care, skill, and treatment which is recognized by a reasonably prudent ‘similar osteopathic physician as being acceptable under similar conditions and circumstances constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. . 46. ‘Respondent failed to practice osteopathic medicine with that level of care, skill, and |treatment which is recognized by reasonably prudent osteopathic physicians as being acceptable under similar conditions and circumstances in one or more of the following ways: a. By issuing 4 prescription to W.B. for Zyban based solely on | an internet questionnaire; i b. By failing to conduct a patient evaluation, including history | and physical examination, adequate to establish a diagnosis for W.B.:for|which Zyban was prescribed; or | c. By failing to engage in any dialogue with W.B. regarding treatment.aptions and the risks and benefits of treatment | with Zyban, 47. | Based on the foregoing, Respondent violated Section 459. 015(1)(x), Florida Statutes (2001), by gross or repeated malpractice or the failure to practice osteopathic medicine with that level of. care, skill, Ghd Blt6 6008 6@ +40 Se:6 600¢ € 450 | ; co oN and treatment that is tlecognized by a reasonably prudent. similar osteopathic physician as being acceptable under similar conditions and circumstances. COUNT SIX 48, ‘Petitioner realleges and incorporates by reference paragraphs one (1) through six (6), and thirty-four (34) through forty-three (43) as if fully incorporated herein this Count Six. 49, ‘Section 459.015(1)(t), Florida Statutes (2001), provides that prescribing, dispensing, administering, supplying, selling, giving, mixing, or otherwise preparing a legend drug, inciuding all controlled substances, other than in the course of the osteopathic physician's professional! practice constitutes grounds for disciplinary action by the Board of Osteopathic 1 | Medicine. — 50. _ Respondent prescribed Zyban, a legend drug. requiring a prescription, based solely| on an internet questionnaire and in so doing prescribed a legend drug other than in the course of an osteopathic physician’ professional practice. 51. Based on the foregoing, Respondent violated Section 459.015(1)(t), Florida $tatutes (2001), by prescribing, dispensing, gL ‘d . Glt6 6008 @ +90 Se:6 600¢ € 450 administering, supplying, gelling, giving, mixing, or otherwise preparing a legend drug, including all controlled substances, other than in the cotirse of an osteopathic physician's professional practice. , : COUNT SEVEN 52. Petitioner realleges and incorporates by reference paragraphs one (1) through six (6), and thirty-four (34) through forty-three (43) as fully incorporated herein this Count Seven. 53. “Section 459.015(1)(0), Florida Statutes (2001), provides that failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed osteopathic physician or the osteopathic physician extender and supervising osteopathic physician by ‘name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. él‘d Glt6 6008 @ +90 fe:6 8 6600¢ 2 450 ‘ | 54, Respondent failed to keep medical records that included the . i i 1 minimum required information outlined in Rule 64B15-15.004, Florida Administrative Code, including but not limited to, failure to document physical extmination results for Patient W.B. , 55. Based on the foregoing, Respondent violated Section 459.015(4)(0) Florida Statutes (2001), failing to keep legible, as defined _ by department rule in consultation with the board, medical records that identify the licensed osteopathic physician or the osteopathic physician extender and supervising osteopathic physician by name and professional title who is or are responsible for rendering, ordering, supervising or billing for each diagnostic or. treatment procedure and that justify the course of treatment of the patient, jincluding, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. | COUNT EIGHT 56. Petitioner reallege and incorporates by reference paragraphs one (1) through six (6), and thirty-four (34) through forty-three (43) as if fully incorporated herein this Count Eight. 1 Bld Glt6 6008 @ +90 fe:6 8 6600¢ 2 450 om, 57. Section 459.015(1)(pp), Florida Statutes (2001) provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for disciplinary action by the Board of Osteopathic Medicine.. 58. Respondent failed to meet the elements required by Rule 64B15-14,008, ‘Florida Administrative Code, for providing treatment recommendations, including issuing a prescription, via electronic or other | means when: Bld Bl'6 6008 @ Fe:6 6O0e € prescribed for Patient W.B.; benefits of Zyban treatment; and ¢) Respondent osteopat Administ a) Respondent: did not conduct and document a patient evaluation, including history and physical examination, adequate to establish the diagnosis for which Zyban was ‘b) Respondent did not.engage in any dialogue with Patient W.B. regarding treatment options and the risks and maintain contemporaneous hic medical records for Patient W.B. that meet the requirements of Rule 64B15-15.004, Florida bot ais ae | a 59, 4 | Based on the foregoing, Respondent violated Section 459.015(1)(pp), Florida Statutes (2001), violating any provision of this chapter or chapter 456, dr any rules adopted pursuant thereto, to wit: Rule 64B15-14.008, Florida 60. On or around i i i 3 resident of 61. ‘Propecia is a Administrative Code. FACTS RELATING TO PATIENT T.B. (a/k/a T.G.) May 14, 2002, Patient T.B. (a/k/a T.G.), a Missouri, completed a questionnaire through an Internet site. egend drug containing Finasteride, a specific inhibitor of Type II 5x (alpha) reductose, an intracellular enzyme that converts the androgen testosterone into 5 x dihydrotestertone (DHT). Propecia is for men only. Women who are or may potentially be pregnant must not use Propecia because of the risk that the active ingredient may { cause a specific kind of | birth defect. Likewise, women should avoid handling tablets that are ctushed or broken. Propecia tablets are coated to prevent contact: with the | addition, some ‘men may active ingredient during normal handling. In have breast enlargement and/or tenderness. Warnings from the manufacturer urge patients to promptly report any 1 changes in breasts such as Qed Oe76 6008 @ lumps, pain, or nipple discharge to a physician. 420 Fe:6 6O0e € * as ~ 62. Over the Internet, Patient 1.B. completed an online questionnaire and was prescribed Propecia by Respondent. 63. Respondent did not conduct a physical examination of Patient T.B. prior to prescribing Propecia. 64. “Respondent did not obtain a complete history prior to prescrioing Propecia for Patient 1.B. 65. | Respondent did not document a diagnosis of Patient T.B.. prior 1 to prescribing Propecia. 66. | Respondent did not discuss with Patient T.B. treatment option and the risks and/or benefits of Propecia. 67. | The prescription for thirty (30) pills with three refills of Propecia i : : 1 mg. tablets was filled by a pharmacy located outside Florida. 1 68. | On. or before May 22, 2002, Patient T.B. received the prescriptions of thirty (30) Propecia 1 mg. tablets with Respondent’s name as the prescribing physician. 69. Respondent did not maintain written legible records on Patient T.B. including, ‘but not limited to; | a) . Results of a physical examination on Patient T.B. prior to | prescribing Propecia; lévd O¢*6 600¢ ¢@ +90 S2:6 600¢ 2 450 | b) A complete history on Patient T.B, prior to prescribing ’ Propecia} c) A diagnosis or treatment plan for. Patient T.B. prior to prescribing Propecia; d) — Records | of prescribing, dispensing, or administering Propécia|to Patient T.B.; and @) § Evidence) of consultation with Patient T.B. regarding | treatment options and the risks and/or benefits of | Propecia, | COUNT NINE 70, Petitioner realleges and incorporates by reference paragraphs one (1) through six (6), and sixty (60) through sixty nine (69) as if fully incorporated herein this Count Nine. 71. ‘Section 459.015(1)(x), Florida Statutes (2001), provides that gross or repeated malpractice or the failure to practice osteopathic medicine with that level of|care, skill, and treatment which is recognized by a reasonably prudent ‘sinjilar osteopathic physician as being acceptable under similar conditions} and circumstances constitutes grounds for disciplinary action by the Board of Osteopathic Medicine, : 21 Bed O¢*6 600¢ ¢@ +90 S¢:6 600¢ € 450 72, ! Respondent fal level of care, ‘skill, and A led to practice osteopathic medicine with that treatment which is recognized by reasonably prudent osteopathic physicians as being acceptable under similar conditions and circumstan¢es in one or more of the following ways: | a) By issuing a | 1 | 1 with Propecia, prescription to T.B. for Propecia based solely on an internet questionnaire; | b) By failing to conduct a patient evaluation, including history | and physical examination, adequate to establish a diagnosis for T.B. for which Propecia was prescribed: | ¢) By failing tq engage in any dialogue with T.B. regarding treatment options and the risks and benefits of treatment 73, ‘Based on the foregoing, Respondent violated Section | 459.015(1}(x), Florida Statutes (2001), by gross or repeated malpractice or the failure to practice ost { . and treatment. that is osteopathi¢ physician as circumstances, | i i i 86 “d Oe76 6008 @ eopathic medicine with that level of care, skill, recognized by a reasonably prudent. similar being acceptable under similar conditions and 22 420 G¢:6 6O00¢ € 20 COUNT TEN . 74. ‘Petitioner realleges and incorporates by reference paragraphs one (1) through six (6), and sixty (60) through sixty nine (69) as if fully incorporated herein this Count Ten. 75. | Section 459.015(1)(t), Florida Statutes (2001), provides that 1 i prescribing, dispensing, administering, supplying, selling, giving, mixing, or otherwise preparing @ legend drug, including all controlled substances, other than in the course of the osteopathic physician's professional practice constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. | , 76. Respondent prescribed Propecia, a legend drug requiring a prescription, based solely on an internet questionnaire and in so doing | prescribed a legend drud other than in the course of an osteopathic physician's professional, practice, i 77, Based on. the foregoing, Respondent violated Section 459.015(1)(t), ‘Florida Statutes (2001), by prescribing, dispensing, administering, supplying, selling, giving, mixing, or otherwise preparing a legend drug, including all controlled substances, other than in the course of an osteopathic physician's professional practice, | 2B ted . lé‘6 600@ @ +50 S¢:6 600¢ € 450 mw | COUNT ELEVEN 78. Petitioner realleges and incorporates by reference paragraphs one (1) through six (6), and sixty (60) through sixty nine (69) as fully incorporated herein this Cqunt Eleven. 79. ‘Section 459.095(1)(0), Florida Statutes (2001), provides that failing to keep legible, las defined by department rule in consultation with the board, medical records that identify the licensed osteopathic physician or the osteopathic physician extender and supervising osteopathic physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but’ not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations constitutes grounds for disciplinary action by the Board of Osteopathic Medicine, 80. “Respondent failed to keep medical records that included the minimum required information outlined in Rule 64B15-15.004, Florida Administrative Code, including but not limited to, failure to document physical examination results for Patient T.B, . 24 ged . lé‘6 600@ @ +50 97:6 6002 € 450 oA al PoE 81, ‘Based on. the foregoing, Respondent violated Section 459.015(1)(o), Florida Statutes (2001), failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed osteopathic physician or the osteopathic physician extender and supervising josteopathic physician by name and professional title who is or are respons ble for rendering, ordering, supervising or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, | including, but not limited to, patient histories; examination results: test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations, : Cc T TWELVE 82. | Petitioner realleges and incorporates by reference paragraphs one (1) through six (6), and sixty (60) through sixty nine (69) as if fully incorporated herein this Count Twelve. | i 83. Section 459. 0145(1)(pp), Florida Statutes (2001) provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. i | | 1 | | 96d lé‘6 600@ @ +50 97:6 6002 € 450 aA A | 84, Respondent failed to meet the elements required by. Rule e4b15-14.08, Florida Administrative Code, for providing treatment recommendations, including issuing a prescription, via electronic or other means when: _ a) Respondent did not conduct and document. a patient | evaluation, including history and physical examination, atlequate tq establish the diagnosis for which Propecia was prescribed for Patient T.B.; by Respondent did not engage in any dialogue with Patient T.B. ! i 1 ' | ! regarding theatment options and the risks. and benefits of Propecia treatment; and | : { { _c) Respondent] did not maintain contemporaneous osteopathic medical records for Patient T.B. that meet the requirements of Rule 64B15-15,004, Florida Administrative Code. 85. Based on: the foregoing, Respondent violated Section 459.015(1)(pp),: Florida Statutes (2001), violating any provision of this { chapter or Chapter 456, or any rules adopted pursuant thereto, to wit: Rule.64B15-14.008, Florida Administrative Code. j 26 éé‘d lé‘6 600@ @ +50 92:6 600¢ 2 450 Poo en ant 1 " uty _ WHEREFORE, Petitioner respectfully requests that. the Board of Osteopathic Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, | 7 restriction of practice, imposition of an administrative fine, issuance of a 1 reprimand, placement: of} 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 _)7.4__ day of _A/jvenzs6 , 2004. i { 1 i | } _ PILED OF HEALTHA Assistant General Counsel , Florida Bar # 0567027 cunrnh uecthen Gal Wa An Department of Health oreo Prdéecutorial Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 | (850) 414-8126 (850) 414-1991 REF Reviewed 2 and approved by: A. (initials) ul rwlow (date) PCP: “VY, 220 4 PCP: Memb TS nd amd) Wa a7 86 “d ée*6 6008 @ +40 97:6 6002 € 450 “eS | i Miguel A, i ! | { | i Respondent has conducted in accorda Florida Statutes, to be lan Argueta, D:O., CASE NO, 2002-06498, 2002-18866, 2002-22569 NOTICE OF RIGHTS the right to request a hearing to be nee with Section 120.569 and 120,57, represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examin witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. t { a 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. 6008 @ BOOe € fé“d ée*6 #90 2e:6

Docket for Case No: 09-005366PL