acT-i2-sen9 1s:00 Act 12 2009 15:32 FL DEPT OF HEALTH 856 488 1855 P.@3 STATE OF FLORIDA DEPARTMENT OF Il EALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2007-09350 MELR BEN-NISSAN, O.D., RESPONDENT ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through ils undersigned counsel, lea this Administrative Complaint before the Board of Optometry against Respondent, Meir Ben-Nissan, O.D,, alleging as follows: 1. _ Petitioner is the state department charged with regulating the practice of optometry pursuant to Section 20.43, Florida Statutes: Chapter 456, Fionda Statutes: and Chapter 463, Florida Statutes. 2. At all times material to this Complaint, Respondent was 4 licensed _ optometrist (O.D.,) within the atate of Florida, pursuant to license number OP 2605, 3, Respondent’s address of record is 1674 Meridian Avenue, Suite 110, Miami Beach , Florida 33139. acT-i2-sene 1S:00 Act 12 2009 15:32 85H 488 1855 Pod FL DEPT OF HEALTH 4. Patient FO presentad to the Respondent for optometric caré On oF about the following dales: (a) Aucusi 21, 2006; (b) Sepiember 6, 2006; (c) October 24, 2006; and (d) February 26, 2007. 5 Respondent did not document F()’s family yeular or family medical history in FO’s optometric records. 6. Respondent did not perform any visual field testing or did not document that he performed any visual ficld testing (confrontation oF other) m FO's optometric records. 7, Respondent did not perform a dilated fandes examination or did not document that he performed a Gilated fundus examination in FO’s madical records. 8. On or about April 9, 2007, Patient FO completed an authorization for the release of her medical records. 9. On or about April 9, 2007, Patient FO’s cardiologist (Dr. GN) submitted to the Respondent Jatient £O's authorization to release FO’s optometric records. 10, Respondent failed to timely forward Patient FO's records as requested on or about April 9, 2007. 11, On or about April 30, 2007, Dr. GN submitted to the Respondent a follow up request and a copy of FO’s authorization to release her optometric records. DOH v. Meir Hen-Nigsan, O.D. 2 Case No. 2007-09350 acT-i2-sen9 1s:00 Oct 12 2009 13:33 a5 468 1855 P85 FL DEPT OF HEALTH 12. Respondent failed to timely forward Patient FO's records to Dr. GN as requested in Dr. GN'S follow up request. 13. On or about April 2007, Patient FO requested a copy of her optumetric records. 14. Respondent refoscd to timely provide Patient FO with a copy of her optometric records. COUNT ONE 15, Petitiuver realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 16. Section 463.016(1)(0), Florida Statutes (2005 & 2006), provides that violating any provision of this chapter or chapter 456, or any Tules adopted pursuant thereto constitutes an act for which disciplinary action may be taken. 17. Rule 64B13-3.007, Morida Administrative Code, Minimum Procedures for Comprehensive Eye Examination reads in pertinent part as follows: (1) A comprehensive eye examination is defined as a comprehensive assessment of (he patient’s visual status and shall include those procedures specified in subsection (2) below. Q) A comprehensive. eye examination shall include the following minimum procedures, which ghull be recorded on the pulient’s case record: DOH v. Meir Ben-Nissan, O.D. 4 Case No. 2007-09350 acT-i2-sen9 1s:00 Oct 12 2009 13:33 FL DEPT OF HEALTH 856 488 1855 P.@6 (a) Patient's Instory (personal and family medical history, personal and family ocular history, and chief complaint). 18, Nothing in Patient FO’s optametric records indicated that Respondent, in performing a comprehensive eye €xam on either (a) August 21, 2006; (b) September 6, 2006, (c) October 24, 2006; or (d) February 26, 2007, recorded FO's patient history, including personal and family medical history or personal and family ocular history, 19. Based on the foregoing, Respondent violated Section 463.01 6(1)(0), Florida Statutes (2005 or 2006), by violating Rule 64B13-3.007, Florida Administrative Coda, by fuiling to record FO's patient history, including personal and family medical history ot personal and family ocular history. COUNT TWO 20. Petitioner realloges and incorporates paragraphs onc (1) through fourteen (14) as if fully set forth herein. 31. Section 463.016(1)(t), Florida Statutes (2005 & 2006), provides that violating any provision of this chapter or chapter 436, or any rules adopted pursuant theroto constitutes an acl for which disciplinary action may be taken. 29. Rule 64B13-3.007, Flonda Administrative Code, Minimum Procedures for Comprehensive Eye Examination reads in pertinent part as follows: DOH v. Meir Ben-Nissan, 0.D. 4 Case No, 2007-09350 OCT-12-2889 15:81 Oct 12 2009 15:33 856 488 1855 FL DEPT OF HEALTH (1) A comprehensive eye examination is defined as a comprelensive asscssment of the patient’s vigual status and shall include those provedurcs specified in subsection (2) below. QA comprchensive eye examination shall imclude the following minimum procedures, which shall be recorded on (he patient’s case record: (e) Visual filed testing (confrontation OF other). 23, Nuthing in Patient FO’s optometric records indicated that Respondent, in performing 4 comprehensive eye cxam on either (a) August 91, 2006; (b) September 6, 2006; (c) October 2A, 2006; or (d) February 26, 2007, performed visual filed testing. 24. Based on the foregoing, Respondent violated Section 463.016(1 X(t), Florida Statutes (2005 or 1006), by violating Rule 64B13-3.007, Florida Administrative Code, by failing to perform visual field testing on Patient FO. COUNT THREE 95 Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herem. 26, Section 463.016(1)(1), Vorida Statutes @005 & 2006), provides that violaling, any provision of this chapter or chapter 456, or any roles adopted pursuant thereto constitutes an act for which disciplinary action may be taken. DOH v. Meir Beu-Nissan, 0.D. 5 Case No. 2007-09350 Pa? acT-12-20n9 isto Act 12 2009 15:34 a5 468 1855 =P. FL DEPT OF HEALTH 27. Rule 641313-3.007, Florida Administrative Code, Minimum Procedures for Comprehensive Eye Examination reads in pertinent part as follows: (1) A comprehensive eye examination is defined as a comprehensive assessment of the patient's visual status and shall include those procedures specified in subsection (2) below. QA comprehensive cyée examination shall include the following minimum procedures, which shall be recorded on the patient's case record: (e) Visual filed testing ( confrontation or other). 28, Nothing in Patient FO’s optometric records indicated that Respondent, in performing a comprehensive eye exam on either (a) August 21, 2006; (b) September 6, 2006; (c) October 24, 2006; or (4) February 26, 2007, recorded Patient FO's visual tiled testing. 29, Based on the foregoing, Respondent violated Section 463.016(1)(), Florida Statutes (2005 or 2004), by violating Rule 64813-3.007, Florida Adrministrative Code, by failing to record visual field testing on Patient FO. C T FOUR 30, Section 463.016(1)(t), Florida Statutes (2005 & 2006), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant therely constitutes an act for which disciplinary action may be taken. DOH v. Meir Ben-Niasan, OD. 6 Case Nu. 2007-09350 acT-12-20n9 isto Act 12 2009 15:34 FL DEPT OF HEALTH 856 488 1855 P.@9 31. Rule 64B13-3.010 (7)(a), Florida Administrative Code, reads in pertinent part as follows: To be in compliance with paragraph 64B13-3 007(2)(f), FAC., certified optomelsists shall perform a dilated fudus examuuation during the. patient's initial presentation, and thereafter, whenever medically indicated. 32. Nothing in Patient FO’s optometric records indicated that Respondent performed a dilated fundus examination during FO’s initial presentation, oF anytime thereafter, whenever medically indicated. 33. Based on the foregoing, Respondent violated Section 463.016()(0), Florida Statutes (2005 or 2006), by violating Rule 64B13-3.007, Florida Administrative Code, by failing to perform a dilated fundus examination during FO’s initial presentation, or anytime (hereafter, whenever medically indicated. COUNT EL 34. Section 463.016(L)(t), Flonda Statutes (2005 & 2006), provides that violating auy provision of this chapter or chapter 456, ot any rules adupted pursuant thereto constitutes an act for which disciplinary action may be taken. 35. Rule 64B13-3.010 (7)la). Florida Administrative Code, reads in pertinent part as follows: To be in compliance with paragraph 64B13-3.007(2)(f), F-A.C., certified optometrists shall perform a dilated fudus examination during ihe paticnt’s initial presentation, and thereafter, whenever medically indicated. DOH v. Meir Ben-Missan, 0.D. 7 Case No, 2007-09350 acT-i2-sem9 1S100 Act 12 2009 15:34 a5 468 1955 =P. 18 FL DEPT OF HEALTH 36, Rule @41313-3.007, Flonda Administrative Code, Minimum Procedures for Comprehensive Eye Examination reads in pertinent part 4s folluws: (1) A comprehensive eye exarminalion is defined as a comprehensive assessment of the palient’s visual status and shall include those procedures specified in subsection (2) below. (2) A comprehensive eye examination shall include the following minimum procedures, which shall be recorded on the palient’s case record: (f) Internal ex amination. 37. Nothing in Patient FO's oplometric records indicated that Respondent recorded performing a dilated fandus examination during FO’s initial presentation, or anytime thereafter, whenever medically indicated. 38. Thased on the foregoing, Respondent violated Section 463.01 6(1Kt), Florida Statutes (2005 or 2006), by violating Rule 64B13-3.007, Florida Administrative Code, by failing to record performing a dilated fundus examination during FO’s initial presentation, or anylime. thereafter, whenever medically indicated. COUNT SIX 39, Section 463.016(1)(t) Florida Statutes (2006), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes an act for which disciplinary action may be taken. DOH v. Meir Bon-Nisean, O.D. & Case No. 2007-09330 acT-iz-sene 1S:00 Act 12 2009 15:34 FL DEPT OF HEALTH 856 488 1855 Pidi AO, Section 456.057(6), Florida Statutes (2006), provides that any health care praclitioner licensed by the department or 4 board within the department who makes a physical or mental exumination of, or administers treatment or dispenses legend diugs-to, any person shall, upon request of such person OF the person's legal, representative, furnish, in a timely manner, without delays for Jegal revicw, copies of all reports and records relating to such examination of treatment, including X rays and msurance information. 41. On or about April 9, 2007, Patient '}O completed an ‘authorization for the release of her medical records. 42, On or about April 9, 2007, Patient FO’s cardiologist (Dr. GN) submitted to the Respondent Patient FO's authorization to release FO’s optometmc records. 43. Respondent failed to timely forward Patient FO’s records as requested on or about April 9, 2007. 44. On or about Apnil 30, 2007, Dr, GN submitted to the Respondent a follow wp request and a copy of FO’s authorization to release ber optometric records. 45. Respondent failed to timely forward Patient FO"s uptametric records to Dr. GN as requested in Dr. GN’s follow up request, DOH v. Meir Ren-Nissan, 0.D. 9 Case No. 2007-09350 Oct 12 2009 15:35 854 488 1855 P12 OCT-12-2089 15:82 FL DEPT OF HEALTH 1 46. On or about April 2007, Patient FO requested a copy of her gptomeiric records. 47, Respondent refused to timely provide Patient FO with a copy of her optometric records. 4%. Based on the foregoing, Respondent violated Scction 463.016(1}t) Morida Statutes (2006), by violating Section 456,07(6), Florida Statutes, by failing to timely provide a copy of Patient FO's optometric records. WHERELORE, the Petitoner respectfully requests that the Board of Optometry enter an order imposing on€ oF more of the following penalties: 4 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, comective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. DOH v. Mei Ben-Nissan, 0.D. WwW Case No. 2007-09330 acT-i2-sem9 1S100 Oct 12 2009 13:35 FL DEPT OF HEALTH 856 488 1855 P.13 SIGNED this oJ 7 aay of JOLM 2009. Ana M, Viainente Ross, MLD., M.P.H. State Surgéoi ng FILED PARTMENT OF, HEALTH C. Khai Patterson * BeroTy Ct Agsistant General Counsel CLERK: "Yaka — DOI. Prosecution Services Unit DATE 4052 Bald Cypress Way, Bin C-65 ; Tallahassee, Florida 32399-3265 : Florida Bar No.: 0023221 (850) 922-2268 Telephone (850) 922-2832 Facsimile CKP/ckp PCP Members: Presnell, Underhill, MeClane PCP Date: July 22, 2009 DOH v. Meir Ben-Nissan, O.D. u Case No. 2007-09350 acT-i2-2en9 1S108 Oct 12 2009 13:35 854 488 1655 P14 FL DEPT OF HEALTH NOTICE OF RIGHTS Respondent has the right to request & 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 issucd on his or her pehalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COsTs Respondent is placed on notice that Petitioner has incurred costs related io the investigation and prosecution of this watter. 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. DOH v. Meir Ben-Nissan, 0.D. 2 Case Nu. 200709350

Docket for Case No: 09-005544PL