STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, | v. "ASE NO, 2008-05350 ARNOLD CARTER, M.D., RESPONDENT. I ADMINIS TRATIVE COMPLAINT Pttiones Department. of Health, by and through undersigned counsel, files this Administrative Complaint before: the Board of Medicine against Respondent, Arnold Carter, 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 498, 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 24997, 3, Respondent's address of record is 2925 Aventura Boulevard, Suite 203, Aventura, Florida 33180. 4, — Respondent is not board certified. snner nadedicaltfaates Shisley\Carter\ac(t) 2008-05350.dec e0‘d 99:9. 602 8 aq 8G:GT 600Z 8 Jaq 5. On or about December 19, 2007, Patient A.C., a then thirty-four (34) year-old male, presented to Respondent for an evaluation; thereby becoming a patient of Respondent. 6. Sometime between December 24, 2007 and January 28, 2008, Respondent discussed communications between himself and Patient A.C, with Patient G,, another patient of Respondent. 7. Section 456.059 Florida Statutes (2007) states, in part: “Communications between a patient and a psychiatrist, as defined in 5. 394. 455, shall be held confidential and shall not be disclosed except upon the request of the patient or the patient's legal representative.” 8. Section 458.331(1)(nn), Florida Statutes (2007), states that a physician may be subjected to discipline for violating any provision of Chapter 458 or Chapter 456, or any rules adopted pursuant thereto. 9. The Respondent failed to comply with Section 456.059 Florida Statutes when he discussed Patient A.C.'s confidential communications with the Respondent with Patient J.G. 10. Based on the foregoing, Respondent has violated Section 458.331(1)(nn), Florida statutes (2007), by violating a provision of Chapter JA\PSU\Medical\Bates Shirley\Carter\ac(1) 2008-05350.dec 2 PO ‘d f$:9, 6002 8 aq 8G:GT 600Z 8 Jaq 456 by discussing Patient A.C’s confidential communications with the Respondent with Patient J.G. 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, nlacement 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 28 day of August, 2009. Ana M Viamonte Ros, M.D,,-M.P.H. State Surgeon General ILED DEPARTMENT OF HEALTH | DEPUTY CLER CLERK DATE §73) MOF Shirley L, Bates Assistart General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, BIN C-65 Tallahassee, FL 32399-3265 Florida Bar #946311 (850) 245-4640 VOICE : (850) 245-4681 FAX SB PCP: August 28, 2009 PCP Members: El-Bahri, Espinola, Mullins ‘DOH v. Arnold Carter, M.D. Case No. 2008-05350 JAPSU\Madical\Bates Shirley\Carter\ac(t) 2008-053 50.dac 0d £S'9. 6002 8 28g ee BS:957 600¢ 8 Jay 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 456.072(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. i ‘DOH v. Arnold Carter, M.D. Case No. 2008-05350 JAPSU\Medical\Bates Shirley\Carter\ac(nn) 2008-05350- filed.doc 40 °d $'9. 600¢ 8 38d oo BS:957 600¢ 8 Jay

Docket for Case No: 09-006674PL