a voy fF STATE OF FLORIDA 10 App 19 DEPARTMENT OF HEALTH '9 PH a5 Yop DEPARTMENT OF HEALTH, a 1O-ZIZHPL PETITIONER, v. CASE NO. 2009-06686 RICARDO JOSE SABATES, 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, Ricardo Jose Sabates, 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 33389. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 3. Respondent’s address of record is 2206 West Atlantic Avenue, Delray, Florida 33445. 4. — Respondent is not certified in any specialty. 5. Oxycodone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes, oxycodone is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of oxycodone may lead to severe psychological or physical dependence. 6. Roxicodone is commonly prescribed to treat pain and contains oxycodone hydrochloride. According to Section 893.03(2), Florida Statutes, oxycodone. hydrochloride is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of oxycodone may lead to severe psychological or physical dependence. 7. Percocet is the brand name for a drug that contains oxycodone and is prescribed to treat pain. According to Section 893.03(2), Florida Statutes, oxycodone is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of oxycodone may lead to severe psychological or physical dependence. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 2 8. Norco is a brand name _ for hydrocodone/ APAP. Hydrocodone/APAP contains hydrocodone and acetaminophen, or Tylenol and is prescribed to treat pain. According to Section 893.03(3), Florida Statutes, hydrocodone, in the dosages found in hydrocodone/APAP is a Schedule III controlled substance that has a potential for abuse less than the substances in Schedules I and II and has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. 9. | Methadone is prescribed to treat pain. According to Section 893.03(2), Florida Statutes, methadone is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of methadone may lead to severe psychological or physical dependence. 10. Oxycontin is a semi-synthetic opiate that contains oxycodone hydrochloride, a Schedule II controlled substance defined in Chapter 893, Florida Statutes, which is indicated for the relief of moderate to severe pain. Oxycontin has a high potential for abuse and has a currently accepted, but limited, medical use in treatment in the United States. Abuse of this substance may lead to severe physical and psychological dependence. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO0(m).doc 3 Facts Specific to Patient W.C. 11. From on or about February 12, 2007, through on or about July 16, 2009, Respondent prescribed, on a monthly basis, Roxicodone 30 milligrams, 150 pills, in conjunction with Roxicodone 15 milligrams, 120 pills, to Patient W.C. 12. Respondent did not keep medical records which record the justification for prescribing, Roxicodone 30 milligrams, 150 pills, in conjunction with Roxicodone 15 milligrams, 120 pills, on a monthly basis, from on or about February 12, 2007, through on or about July 16, 2009, for Patient W.C. Facts Specific to Patient D.M. 13. On or about January 8, 2007, Respondent prescribed both Roxicodone 30 milligram, 100 pills, and Oxycontin 40 milligram, 180 pills, for Patient D.M. 14. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 100 pills, and Oxycontin 40 milligram, 180 pills, for Patient D.M. on or about January 8, 2007. 15. On or about March 5, 2007, Respondent prescribed both Roxicodone 30 milligram, 100 pills, and Oxycontin 40 milligram, 180 pills, for Patient D.M. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 4 16. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 100 pills, and Oxycontin 40 milligram, 180 pills, for Patient D.M. on or about March 5, 2007. . 17. On or about April 2, 2007, Respondent prescribed both Roxicodone 30 milligram, 180 pills, and Oxycontin 40 milligram, 1890 pills, for Patient D.M. 18. Respondent did not keep medical records which record the justificaion for prescribing both Roxicodone 30 milligram, 180 pills, and Oxycontin 40 milligram, 180 pills, for Patient D.M. on or about April 2, 2007. Oo 19. On or about April 30, 2007, Respondent prescribed both Roxicodone 30 milligram, 200 pills, and Oxycontin 40 milligram, 180 pills, for Patient D.M. , 20. Respondent did not keep medical records which recore the justification for prescribing both Roxicodone 30 milligram, 200 pills, and Oxycontin 40 milligram, 180 pills, for Patient D.M. on or about April 30, 2007. 21. On or about May 24, 2007, Respondent prescribed Roxicodone 30 milligram, 200 pills, Roxicodone 30 milligram, 100 pills, and Oxycontin 40 milligram, 180 pills for Patient D.M. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 5 22. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram, 200 pills, Roxicodone 30 milligram, 100 pills, and Oxycontin 40 milligram, 180 pills for Patient D.M. on or about May 24, 2007. 23. On or about June 21, 2007, Respondent prescribed both Roxicodone 15 milligram, 200 pills, and Oxycontin 40 milligram, 180 pills, for Patient D.M. 24. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 15 milligram, 200 pills, and Oxycontin 40 milligram, 180 pills, for Patient D.M. on or about June 21, 2007. 25. On or about July 18, 2007, Respondent prescribed both Roxicodone 30 milligram, 100 pills, and Oxycontin 40 milligram, 180 pills, for Patient D.M. 26. Respondent did not keep medical records which record the justification for prescribing both, Roxicodone 30 milligram, 100 pills, and ' Oxycontin 40 milligram, 180 pills, for Patient D.M. on or about July 18, 2007. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 6 Facts Specific to Patient R.H. 27. On or about January 2, 2007, Respondent prescribed both Roxicodone 30 milligram, 60 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. 28. Respondent did not keep medical records which record the | justification for prescribing both Roxicodone 30 milligram, 60 pills, and Norco 10/325 milligram 240 pilis for Patient R.H. on or about January 2, 2007. 29. On or about January 29, 2007, Respondent prescribed both Roxicodone 30 milligram, 60 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. | 30. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 60 pills, and Norco 10/325 milligram 240 pills for Patient R.H. on or about January 29, 2007. 31. On or about March 2, 2007, Respondent prescribed both Roxicodone 30 milligram, 60 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. 32. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 60 pills, and J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 7 Norco 10/325 milligram 240 pills for Patient R.H. on or about March 2, 2007. 33. On or about March 27, 2007, Respondent prescribed both Roxicodone 30 milligram, 50 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. 34. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 60 pills, and Norco 10/325 milligram 240 pills for Patient R.H. on or about March 27, 2007. 35. On or about April 24, 2007, Respondent prescribed both Roxicodone 30 milligram, 50 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. 36. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 60 pills, and Norco 10/325 milligram 240 pills for Patient R.H. on or about April 24, 2007. 37. On or about May 22, 2007, Respondent prescribed both Roxicodone 30 milligram, 90 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. 38. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 90 pills, and J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 8 Norco 10/325 milligram 240 pills for Patient R.H. on or about May 22, 2007. 39. On or about June 20, 2007, Respondent prescribed both Roxicodone 30 milligram, 90 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. 40. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 90 pills, and Norco 10/325 milligram 240 pills for Patient R.H. on or about June 20, 2007. 41. On or about July 18, 2007, Respondent prescribed both Roxicodone 30 milligram, 90 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. 42. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 90 pills, and Norco 10/325 milligram 240 pills for Patient R.H. on or about July 18, 2007. 43. On or about August 2, 2007, Respondent prescribed both Roxicodone 30 milligram, 180 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. 44. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 180 pills, and J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 9 45. On or about August 31, 2007, Respondent prescribed both Roxicodone 30 milligram, 180 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. 46. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 180 pills, and Norco 10/325 milligram 240 pills for Patient R.H. on or about August 31, 2007. 47. On or about September 28, 2007, Respondent prescribed both Roxicodone 30 milligram, 240 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. 48. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 240 pills, and Norco 10/325 milligram 240 pills for Patient R.H. on or about September 28, 2007. 49. On or about October 2, 2007, Respondent prescribed both Roxicodone 30 milligram, 240 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. 50. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 240 pills, and Norco 10/325 milligram 240 pills for Patient R.H. on or about October 2, 2007. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 10 51, On or about November 30, 2007, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 52. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills for Patient R.H. on or about November 30, 2007. 53. On or about January 2, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 54. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills for Patient R.H. on or about January 2, 2008. 55. On or about January 30, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 56. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills for Patient R.H. on or about January 30, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 11 57. On or about February 28, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 58. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills for Patient R.H. on or about February 28, 2008. 59. On or about March 27, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 60. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills for Patient R.H. on or about March 27, 2008. 61. On or about April 23, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 62. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills for Patient R.H. on or about April 23, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 12 63. On or about May 19, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 64. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills for Patient R.H. on or about May 19, 2008. 65. On or about June 16, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 66. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills for Patient R.H. on or about June 16, 2008. 67. On or about July 14, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 68. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills for Patient R.H. on or about July 14, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 13 69. On or about August 11, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 70. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills for Patient R.H. on or about August 11, 2008. 71. On or about September 8, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 72, Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. on or about September 8, 2008. 73. On or about October 6, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 74. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. on or about October 6, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).dec 14 75. On or about October 29, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 76. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. on or about October 29, 2008. 77. On or about November 26, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 78. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient RH, on or about November 26, 2008. 79, On or about December 23, 2008, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 80. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300. pills, for Patient R.H. on or about December 23, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 15 81. On or about January 21, 2009, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. 82. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. on or about January 21, 2009. 83. On or about February 17, 2009, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. | 84. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 300 pills, for Patient R.H. on or about February 17, 2009. 85. On or about March 17, 2009, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 280 pills, for Patient R.H. 86. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 280 pills, for Patient R.H. on or about March 17, 2009. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 16 87. On or about April 13, 2009, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 280 pills, for Patient R.H. 88. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 280 pills, for Patient R.H. on or about April 13, 2009. 89. On or about May 11, 2009, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 280 pills, for Patient R.H. 90. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 280 pills, for Patient R.H. on or about May 11, 2009. 91. On or about June 9, 2009, Respondent prescribed both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 280 pills, for Patient R.H. 92. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 300 pills, and Norco 10/325 milligram 280 pills, for Patient R.H. on or about June 9, 2009. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 17 93. On or about July 7, 2009, Respondent prescribed both Roxicodone 30 milligram, 270 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. 94. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 270 pills, and Norco 10/325 milligram 240 pills, for Patient R.H. on or about July 7, 2009. Facts Specific to Patient K.L. 95. On or about March 15, 2007, Respondent prescribed Roxicodone 30 milligram 420 pills and Percocet 10/325 milligram 120 pills for Patient K.L. 96. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills and Percocet 10/325 milligram 120 pills for Patient K.L., on or about March 15, 2007. 97. On or about April 11, 2007, Respondent prescribed Roxicodone 30 milligram 420 pills and Percocet 10/325 milligram 120 pills for Patient K.L. 98. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills and Percocet 10/325 milligram 120 pills for Patient K.L., on or about April 11, 2007. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 18 99. On or about May 9, 2007, Respondent prescribed Roxicodone 30 milligram 420 pills and Percocet 10/325 milligram 120 pills for Patient K.L. 100. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills and Percocet 10/325 milligram 120 pills for Patient K.L., on or about May 9, 2007. 101. On or about June 6, 2007, Respondent prescribed Roxicodone 30 milligram 420 pills and Percocet 10/325 milligram 120 pills for Patient K.L. 102. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills and Percocet 10/325 milligram 120 pills for Patient K.L., on or about June 6, 2007. 103. On or about July 2, 2007, Respondent prescribed Roxicodone 30 milligram 420 pills for Patient K.L. . 104. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about July 2, 2007. 105. On or about July 31, 2007, Respondent prescribed Roxicodone 30 milligram 420 pills for Patient K.L. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 19 106. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills. for Patient K.L., on or about July 31, 2007. 107. On or about August 27, 2007, Respondent prescribed Roxicodone 30 milligram 420 pills for Patient K.L. 108. Respondent did not keep medical records which record. the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about August 27, 2007. 109. On or about September 21, 2007, Respondent prescribed Roxicodone 30 milligram 420 pills for Patient K.L. 110. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about September 21, 2007. . 111. On or about October 13, 2007, Respondent prescribed Roxicodone 30 milligram 420 pills for Patient K.L. 112. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about October 13, 2007. 113. On or about November 14, 2007, Respondent prescribed Roxicodone 30 milligram 420 pills for Patient K.L. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 20 114. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about November 14, 2007. 115..On or about December 12, 2007, Respondent prescribed, Roxicodone 30 milligram 420 pills, Roxicodone 30 milligram 400 pills, Percocet 10/325 milligram 60 pills, and Percocet 10/325 milligram 60 pills,for Patient K.L. 116. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills, Roxicodone 30 milligram 400 pills, Percocet 10/325 milligram 60 pills, and Percocet 10/325 milligram 60 pills, for Patient K.L., on or about December 12, 2007. 117. On or about January 8, 2008, Respondent prescribed, - Roxicodone 30 milligram 400 pills and Percocet 10/325 milligram 60 pills,for Patient K.L. 118. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 400 pills and Percocet 10/325 milligram 60 pills, for Patient K.L., on or about January 8, 2008. 119. On or about February 7, 2008, Respondent prescribed, Roxicodone 30 milligram 400 pills and Percocet 10/325 milligram 60 pills,for Patient K.L. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 21 120. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 400 pills and Percocet 10/325 milligram 60 pills, for Patient K.L., on or about February 7, 2008. 121. On or about February 13, 2008, Respondent prescribed, Roxicodone 30 milligram 400 pills for Patient K.L. 122. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 400 pills for Patient K.L., on or about February 13, 2008. 123. On or about March 5, 2008, Respondent prescribed, Roxicodone 30 milligram 420 pills for Patient K.L. 124. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about March 5, 2008. 125. On or about April 2, 2008, Respondent prescribed, Roxicodone 30 milligram 420 pills for Patient K.L. 126. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about April 2, 2008. 127. On or about April 30, 2008, Respondent prescribed, Roxicodone 30 milligram 420 pills for Patient K.L. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 22 128. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about April 30, 2008. 129. On or about June 2, 2008, Respondent prescribed, Roxicodone 30 milligram 420 pills for Patient K.L. 130. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about June 2, 2008. 131. On or about June 27, 2008, Respondent prescribed, Roxicodone 30 milligram 420 pills for Patient K.L. 132. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about June 27, 2008. 133. On or about July 24, 2008, Respondent prescribed, Roxicodone 30 milligram 420 pills for Patient K.L. 134. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about July 24, 2008. 135. On or about August 21, 2008, Respondent prescribed, Roxicodone 30 milligram 420 pills for Patient K.L. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 23 136. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about August 21, 2008. 137. On or about September 17, 2008, Respondent prescribed, Roxicodone 30 milligram 420 pills for Patient K.L. 138. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about September 17, 2008. 139. On or about October 13, 2008, Respondent prescribed, Roxicodone 30 milligram 420 pills for Patient K.L. 140. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about October 13, 2008. 141. On or about November 6, 2008, Respondent prescribed, Roxicodone 30 milligram 420 pills for Patient KL. 142. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about November 6, 2008. 143. On or about December 8, 2008, Respondent prescribed, Roxicodone 30 milligram 420 pills for Patient K.L. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 24 144. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about December 8, 2008. 145. On or about January 5, 2009, Respondent prescribed, Roxicodone 30 milligram 420 pills for Patient K.L. 146. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 420 pills for Patient K.L., on or about January 5, 2009. 147. On or about January 30, 2009, Respondent prescribed, Roxicodone 30 milligram 360 pills for Patient K.L. 148. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 360 pills for Patient K.L., on or about January 30, 2009, 149. On or about February 26, 2009, Respondent prescribed, Roxicodone 30 milligram 300 pills, Roxicodone 30 milligram 280 pills, and Roxicodone 15 milligram 200 pills, for Patient K.L. 150. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 300 pills, Roxicodone 30 milligram 280 pills, and Roxicodone 15 milligram 200 pills, for Patient K.L., on or about February 26, 2009. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 25 151. On or about March 5, 2009, Respondent prescribed, Percocet 10/325 milligram 30 pills and Oxycontin 80 milligram 65 pills, for Patient K.L. 152. Respondent did not keep medical records which record the justification for prescribing Percocet 10/325 milligram 30 pills and Oxycontin 80 milligram 65 pills,, for Patient K.L., on or about March 5, 2009. 153. On or about March 6, 2009, Respondent prescribed, Roxicodone 30 milligram 210 pills, Roxicodone 30 milligram 90 pills, and Oxycontin 80 milligram 20 pills, for Patient K.L. 154. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 210 pills, Roxicodone 30 milligram 90 pills, and Oxycontin 80 milligram 20 pills, for Patient K.L., on or about March 6, 2009. 155. On or about March 10, 2009, Respondent prescribed, Roxicodone 30 milligram 120 pills, for Patient K.L. 156. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 120 pills, for Patient K.L., on or about March 10, 2009. 157. On or about March 26, 2009, Respondent prescribed, Roxicodone 30 milligram 390 pills, for Patient K.L. 3:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 26 158. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 390 pills, for Patient K.L., on or about March 26, 2009. 159. On or about April 22, 2009, Respondent prescribed, Roxicodone 30 milligram 360 pills, for Patient K.L. 160. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 360 pills, for Patient K.L., on or about April 22, 2009. 161. On or about May 20, 2009, Respondent prescribed, Roxicodone 30 milligram 330 pills, for Patient K.L. 162. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 330 pills, for Patient K.L., on or about May 20, 2009. 163. On or about June 17, 2009, Respondent prescribed, Roxicodone 30 milligram 300 pills, for Patient K.L. 164. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 300 pills, for Patient K.L., on or about June 17, 2009. 165. On or about July 16, 2009, Respondent prescribed, Roxicodone 30 milligram 300 pills, for Patient KL. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 27 165. On or about July 16, 2009, Respondent prescribed, Roxicodone 30 milligram 300 pills, for Patient K.L. 166. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 300 pills, for Patient K.L., on or about July 16, 2009. Facts Specific to Patient J.K. 167. On or about May 22, 2007, Respondent prescribed, Roxicodone 30 milligram 120 pills and Roxicodone 30 milligram 120 pills, for Patient JK. 168. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 150 pills and Roxicodone 30 milligram 120 pills, for Patient J.K., on or about May 22, 2007. 169. On or about June 19, 2007, Respondent prescribed, Roxicodone 30 milligram 150 pills and Roxicodone 30 milligram 120 pills, for Patient J.K. 170. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 150 pills and Roxicodone 30 milligram 120 pills, for Patient J.K., on or about June 19, 2007. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 28 171. On or about July 16, 2007, Respondent prescribed, Roxicodone 30 milligram 150 pills, Roxicodone 30 milligram 120 pills, and Oxyfast, 1 bottle, for Patient J.K. 172. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 150 pills, Roxicodone 30 milligram 120 pills, and Oxyfast, 1 bottle, for Patient J.K., on or about July 16, 2007. 173. On or about August 13, 2007, Respondent prescribed, Roxicodone 30 milligram 300 pills, Roxicodone 30 milligram 5 pills, and Oxyfast, 2 bottles, for Patient J.K. 174. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 300 pills, Roxicodone 30 milligram 5 pills, and Oxyfast, 2 bottles, for Patient J.K., on or about August 13, 2007. 175. On or about September 10, 2007, Respondent prescribed, Roxicodone 30 milligram 295 pills, Roxicodone 30 milligram 5 pills, and Oxyfast, 1 bottle, for Patient J.K. 176. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 295 pills, Roxicodone 30 milligram 5 pills, and Oxyfast, 1 bottle, for Patient J.K., on or about September 10, 2007. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO(m).doc 29 177, On or about October 8, 2007, Respondent prescribed, Roxicodone 30 milligram 190 pills, Roxicodone 30 milligram 140 pills, Roxicodone 30 milligram 10 pills, and Oxyfast, 1 bottle, for Patient J.K. 178. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30: milligram 190 pills, Roxicodone 30 milligram 140 pills, Roxicodone 30 milligram 10 pills, and Oxyfast, 1 bottle, for Patient J.K., on or about October 8, 2007. 179. On or about November 2, 2007, Respondent prescribed, Roxicodone 30 milligram 190 pills, Roxicodone 30 milligram 140 pills, and Oxyfast, 1 bottle, for Patient J.K. 180. Respondent did not keep medical records. which record the justification for prescribing Roxicodone 30 milligram 190 pills, Roxicodone 30 milligram 140 pills, and Oxyfast, 1 bottle, for Patient J.K., on or about | November 2, 2007. 181. On or about November 3, 2007, Respondent prescribed, Roxicodone 15 milligram 220 pills, Roxicodone 30 milligram 300 pills, and Roxicodone 30 milligram 15 pills, for Patient J.K. 182. Respondent did not keep medical records which record the justification for prescribing Roxicodone 15 milligram 220 pills, Roxicodone 30 milligram 300 pills, and Roxicodone 30 milligram 15 pills, for Patient J.K., on or about November 3, 2007. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 30 183. On or about November 5, 2007, Respondent prescribed, Roxicodone 30 milligram 10 pills, for Patient J.K. 184. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 10 pills, for Patient J.K., on or about November 5, 2007. 185. On or about December 3, 2007, Respondent prescribed, Roxicodone 30 milligram 410 pills, and Oxyfast, 2 bottles, for Patient J.K. 186. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 410 pills, and Oxyfast, 2 bottles, for Patient J.K., on or about December 3, 2007. 187. On or about January 4, 2008, Respondent prescribed, Roxicodone 30 milligram 330 pills, Roxicodone 30 milligram 10 pills, and Oxyfast, 2 bottles, for Patient J.K. 188. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 330 pills, Roxicodone 30 milligram 10 pills, and Oxyfast, 2 bottles, for Patient J.K., on or about January 4, 2008. 189. On or about February 1, 2008, Respondent prescribed, Roxicodone 30 milligram 330 pills for Patient J.K. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 31 190. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 330 pills, for Patient J.K., on or about February 1, 2008. 191. On or about February 28, 2008, Respondent prescribed, Roxicodone 30 milligram 380 pills for Patient J.K. 192. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 380 pills, for Patient J.K., on or about February 28, 2008. 193. On or about March 28, 2008, Respondent prescribed, Roxicodone 30 milligram 410 pills for Patient J.K. 194. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 410 pills, for Patient J.K., on or about March 28, 2008. 195. On or about April 25, 2008, Respondent prescribed, Roxicodone 30 milligram 300 pills for Patient J.K. 196. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 300 pills, for Patient J.K., on or about April 25, 2008. 197. On or about May 22, 2008, Respondent prescribed, Roxicodone 30 milligram 450 pills for Patient J.K. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(to(m).doc 32 198. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 450 pills, for Patient J.K., on or about May 22, 2008. 199. On or about June 19, 2008, Respondent prescribed, Roxicodone 30 milligram 450 pills for Patient J.K. 200. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 450 pills, for Patient J.K., on or about June 19, 2008. 201. On or about July 17, 2008, Respondent prescribed, Roxicodone 30 milligram 450 pills for Patient J.K. 202. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 450 pills, for Patient J.K., on or about July 17, 2008. 203. On or about August 13, 2008, Respondent prescribed, Roxicodone 30 milligram 450 pills for Patient J.K. 204. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 450 pills, for Patient J.K., on or about August 13, 2008. 205. On or about January 19, 2009, Respondent prescribed, Roxicodone 30 milligram 200 pills and Roxicodone 30 milligram 250 pills for Patient 3.K. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 33 206. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills and Roxicodone 30 milligram 250 pills, for Patient J.K., on or about January 19, 2009. 207. On or about February 13, 2009, Respondent prescribed, Roxicodone 30 milligram 450 pills for Patient J.K. 208. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 450 pills, for Patient J.K., on or about February 13, 2009. 209. On or about March 12, 2009, Respondent prescribed, Roxicodone 30 milligram 200 pills, Roxicodone 30 milligram 100 pills, Roxicodone 30 milligram 100 pills, Roxicodone 30 milligram 50 pills, and Roxicodone 30 milligram 70 pills, for Patient J.K. 210. Respondent did not keep medical records which record the justification for prescribing , Roxicodone 30 milligram 200 pills, Roxicodone 30 milligram 100 pills, Roxicodone 30 milligram 100 pills, Roxicodone 30 milligram 50 pills, and Roxicodone 30 milligram 70 pills, for Patient J.K., on or about March 12, 2009. 211. On or about March 18, 2009, Respondent prescribed, Roxicodone 30 milligram 30 pills for Patient J.K. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO(m).doc 34 212. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 30 pills, for Patient J.K., on or about March 18, 2009. 213. On or about April 7, 2009, Respondent prescribed, Roxicodone 30 milligram 200 pills, Roxicodone 30 milligram 100 pills, and Roxicodone 30 milligram 250 pills, for Patient J.K. 214. Respondent did not keep medical records which record the justification for prescribing , Roxicodone 30 milligram 200 pills, Roxicodone 30 milligram 100 pills, and Roxicodone 30 milligram 250 pills, for Patient J.K., on or about April 7, 2009. 215. On or about April 13, 2009, Respondent prescribed, Roxicodone 30 milligram 200 pills, Roxicodone 30 milligram 50 pills, and Roxicodone 30 milligram 250 pills, for Patient J.K. | 216. Respondent did not keep medical records which record the justification for prescribing , Roxicodone 30 milligram 200 pills, Roxicodone 30 milligram 50 pills, and Roxicodone 30 milligram 250 pills, for Patient J.K., on or about April 13, 2009. 217. On or about May 5, 2009, Respondent prescribed Roxicodone 30 milligram 250 pills, for Patient J.K. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 35 218. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 250 pills, for Patient J.K., on or about May 5, 2009. 219. On or about June 1, 2009, Respondent prescribed, Roxicodone 30 milligram 250 pills and Roxicodone 30 milligram 200 pills, for Patient J.K. 220. Respondent did not keep medical records which record the justification for prescribing , Roxicodone 30 milligram 250 pills and Roxicodone 30 milligram 200 pills, for Patient J.K., on or about June 1, 2009. 221. On or about June 29, 2009, Respondent prescribed Roxicodone 30 milligram 450 pills for Patient J.K. 222. Respondent did not keep medical records which record the justification for prescribing Roxicodone, 30 milligram, 450 pills for Patient J.K., on or about June 29, 2009. 223. On or about July 27, 2009, Respondent prescribed Roxicodone . 30 milligram 450 pills for Patient J.K. 224. Respondent did not keep medical records which record the justification for prescribing Roxicodone, 30 milligram, 450 pills for Patient J.K., on or about July 27, 2009. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 36 Facts Specific to Patient K.G. 225. On or about June 19, 2007, Respondent prescribed Roxicodone 30 milligram 300 pills for Patient K.G. 226. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 300 pills, for Patient K.G., on or about June 19, 2007. 227. On or about July 17, 2007, Respondent prescribed Roxicodone 30 milligram 300 pills for Patient K.G. 228. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 300 pills, for Patient K.G., on or about July 17, 2007. 229. On or about August 13, 2007, Respondent prescribed Roxicodone 30 milligram 300 pills for Patient K.G. . 230. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 300 pills, for Patient K.G., on or about August 13, 2007. 231. On or about September 25, 2007, Respondent prescribed Roxicodone 30 milligram 300 pills for Patient K.G. 232. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 300 pills, for Patient K.G., on or about September 25, 2007. J:\PSU\Medical\Bates Shiriey\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 37 233. On or about October 22, 2007, Respondent prescribed Roxicodone 30 milligram 280 pills for Patient K.G. 234. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 280 pills, for Patient K.G., on or about October 22, 2007. 235. On or about November 19, 2007, Respondent prescribed Roxicodone 30 milligram 280 pills for Patient K.G. 236. Respondent did not keep medical records which record the justification for prescribing Roxicadone 30 milligram 280 pills, for Patient K.G., on or about November 19, 2007. 237. On or about December 7, 2007, Respondent prescribed Roxicodone 30 milligram 280 pills for Patient K.G. 238. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 280 pills, for Patient K.G., on or about December 7, 2007. 239. On or about January 4, 2008, Respondent prescribed Roxicodone 30 milligram 280 pills for Patient K.G. 240. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 280 pills, for Patient K.G., on or about January 4, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 38 241. On or about November 21, 2008, Respondent prescribed Roxicodone 30 milligram 110 pills and Roxicodone 30 milligram 170 pills for Patient K.G. 242. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 110 pills and Roxicodone 30 milligram 170 pills, for Patient K.G., on or about November 21, 2008. 243. On or about December 19, 2008, Respondent prescribed Roxicodone 30 milligram 280 pills for Patient K.G. 244. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 280 pills for Patient K.G., on or about December 19, 2008. 245. On or about January 15, 2009, Respondent prescribed Roxicodone 30 milligram 280 pills for Patient K.G. 246. Respondent did not keep medical records which record the ' justification for prescribing Roxicodene 30 milligram 280 pills for Patient K.G., on or about January 15, 2009. 247. On or about February 12, 2009, Respondent prescribed Roxicodone 30 milligram 280 pills for Patient K.G. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 39 248. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 280 pills for Patient K.G., on or about February 12, 2009. 249. On or about April 6, 2009, Respondent prescribed Roxicodone 30 milligram 160 pills and Roxicodone 30 milligram 240 pills for Patient K.G. 250. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 160 pills and Roxicodone 30 milligram 240 pills, for Patient K.G., on or about April 6, 2009. 251. On or about April 30, 2009, Respondent prescribed Roxicodone 30 milligram 160 pills and Roxicodone 30 milligram 120 pills for Patient K.G. 252. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 160 pills and Roxicodone 30 milligram 120 pills, for Patient K.G., on or about April 30, 2009. 253. On or about May 26, 2009, Respondent prescribed Roxicodone 30 milligram 280 pills for Patient K.G. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 40 254. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 280 pills for Patient K.G., on or about May 26, 2009. 255. On or about June 24, 2009, Respondent prescribed Roxicodone 30 milligram 160 pills for Patient K.G. 256. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 160 pills for Patient K.G., on or about June 24, 2009. 257. On or about July 27, 2009, Respondent prescribed Roxicodone 30 milligram 160 pills for Patient K.G. 258. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 160 pills for Patient K.G., on or about July 27, 2009. Facts Specific to Patient D.D. 259. On or about June 30, 2008, Respondent prescribed both Roxicodone 30 milligram, 250 pills, and Roxicodone 15 milligram, 290 pills, for Patient D.D. 260. Respondent did not keep medical records which record the justification for prescribing both Roxicodone 30 milligram, 250 pills, and Roxicodone 30 milligram; 290 pills, for Patient D.D. on or about June 30, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 41 261. On or about July 28, 2008, Respondent prescribed Roxicodone 30 milligram, 290 pills, for Patient D.D. 262. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram, 290 pills, for Patient D.D. on or about July 18, 2008. 263. On or about August 25, 2008, Respondent prescribed Roxicodone 30 milligram, 290 pills, for Patient D.D. 264, Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram, 290 pills, for Patient D.D. on or about August 25, 2008. 265. On or about October 20, 2008, Respondent prescribed Roxicodone 30 milligram, 290 pills, for Patient D.D. 267. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram, 290 pills, for Patient D.D. on or about October 20, 2008. 268. On or about November 18, 2008, Respondent prescribed Roxicodone 30 milligram, 290 pills, for Patient D.D. 269. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram, 290 pills, for Patient D.D. on or about November 18, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 42 270. On or about December 16, 2008, Respondent prescribed Roxicodone 30 milligram, 290 pills, for Patient D.D. 271. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram, 290 pills, for Patient D.D. on or about December 16, 2008. 272. On or about January 13, 2009, Respondent prescribed Roxicodone 30 milligram, 290 pills, for Patient D.D. 273. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram, 290 pills, for Patient D.D. on or about January 13, 2009. 274. On or about February 10, 2009, Respondent prescribed Roxicodone 30 milligram, 290 pills, for Patient D.D. 275. Respondent did not keep medical records which record: the justification for prescribing Roxicodone 30 milligram, 290 pills, for Patient D.D. on or about February 10, 2009. 276. On or about March 10, 2009, Respondent prescribed Roxicodone 30 milligram, 290 pills, for Patient D.D. 277. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram, 290 pills, for Patient D.D. on or about March 10, 2009. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 43 278. On or about April 7, 2009, Respondent prescribed Roxicodone 30 milligram, 290 pills, for Patient D.D. 279. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram, 290 pills, for Patient D.D. on or about April 7, 2009. 280. On or about May 5, 2009, Respondent prescribed Roxicodone 30 milligram, 290 pills, for Patient D.D. 281. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram, 290 pills, for Patient D.D. on or about May 5, 2009. 282. On or about June 3, 2009, Respondent prescribed Roxicodone 30 milligram, 290 pills, for Patient D.D. 283. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram, 290 pills, for Patient D.D. on or about June 3, 2009. Facts Specific to Patient J.M. 284. On or about October 1, 2007, Respondent prescribed Roxicodone 30 milligram 240 pills and Oxyfast liquid, 1 bottle, for Patient J.M. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 44 285. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 240 pills and Oxyfast liquid, 1 bottle, for Patient J.M., on or about October 1, 2007. 286. On or about October 23, 2007, Respondent prescribed Roxicodone 30 milligram 240 pills and Oxyfast liquid, 2 bottles, for Patient J.M. 287. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 240 pills and Oxyfast liquid, 2 bottles, for Patient J.M., on or about October 23, 2007. 288. On or about November 21, 2007, Respondent prescribed Roxicodone 30 milligram 240 pills and Oxyfast liquid, 2 bottles, for Patient J.M. 289. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 240 pills and Oxyfast liquid, 2 bottles, for Patient J.M., on or about November 21, 2007. 290. On or about December 21, 2007, Respondent prescribed Roxicodone 30 milligram 105 pills, Roxicodone 30 milligram 273 pills and Oxyfast liquid, 2 bottles, for Patient J.M. 291. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 105 pills, Roxicodone J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 45 30 milligram 273 pills and Oxyfast liquid, 2 bottles, for Patient J.M., on or about December 21, 2007. 292. On or about January 7, 2008, Respondent prescribed Roxicodone 30 milligram 105 pills for Patient J.M. 293. Respondent did not keep medical records which record’ the justification for prescribing Roxicodone 30 milligram 105 pills for Patient J.M., on or about January 7, 2008. 294. On or about January 18, 2008, Respondent prescribed Roxicodone 30 milligram 70 pills, Roxicodone 30 milligram 340 pills, and Oxyfast liquid, 2 bottles, for Patient J.M. 295. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 70 pills, Roxicodone 30 milligram 340 pills, and Oxyfast liquid, 2 bottles, for Patient J.M., on or about January 18, 2008. 296. On or about January 22, 2008, Respondent prescribed Roxicodone 30 milligram 70 pills for Patient J.M. 297. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 70 pills for Patient J.M., on or about January 22, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 46 298. On or about February 18, 2008, Respondent prescribed Roxicodone 30 milligram 70 pills and Roxicodone 30 milligram 170 pills for Patient J.M. 299. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 70 pills and Roxicodone 30 milligram 170 pills for Patient J.M., on or about February 18, 2008. 300. On or about March 25, 2008, Respondent prescribed Roxicodone 30 milligram 110 pills, Roxicodone 30 milligram 130 pills, and Oxyfast liquid, 2 bottles, for Patient J.M. 301. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 110 pills, Roxicodone 30 milligram 130 pills, and Oxyfast liquid, 2 botties, for Patient J.M., on or about March 25, 2008. 302. On or about March 25, 2008, Respondent prescribed Roxicodone 30 milligram 110 pills, Roxicodone 30 milligram 1300 pills, and © Oxyfast liquid, 2 bottles; for Patient J.M. 303. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 110 pills, Roxicodone 30 milligram 130 pills, and Oxyfast liquid, 2 bottles, for Patient J.M., on or about March 25, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 47 304. On or about April 22, 2008, Respondent prescribed Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M. 305. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M., on or about April 22, 2008. 306. On or about May 19, 2008, Respondent prescribed Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M. 307. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M., on or about May 19, 2008. 308. On or about June 17, 2008, Respondent prescribed Roxicodone 30 milligram 140 pills, Roxicodone 30 milligram 140 pills, and Oxyfast liquid, 2 bottles, for Patient J.M. 309. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 140 pilis, Roxicodone 30 milligram 140 pills, and Oxyfast liquid, 2 bottles, for Patient J.M., on or about June 17, 2008. 310. On or about September 8, 2008, Respondent prescribed Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 48 311. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M., on or about September 8, 2008. 312. On or about October 6, 2008, Respondent prescribed Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M. 313. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M., on or about October 6, 2008. 314. On or about November 3, 2008, Respondent prescribed Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M. 315. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M., on or about November 3, 2008. 316. On or about December 1, 2008, Respondent prescribed Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M. 317. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M., on or about December 1, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q){t0(m).doc 49 318. On or about December 29, 2008, Respondent prescribed Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M. 319. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 280 pills and Oxyfast liquid, 2 bottles, for Patient J.M., on or about December 29, 2008. 320. On or about January 26, 2009, Respondent prescribed Roxicodone 30 milligram 300 pills and Oxyfast liquid, 2 bottles, for Patient J.M. 321. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 300 pills and Oxyfast liquid, 2 bottles, for Patient J.M., on or about January 26, 2009. 322. On or about February 24, 2009, Respondent prescribed Roxicodone 30 milligram 60 pills for Patient J.M. 323. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 60 pills for Patient 4.M., on or about February 24, 2009. 324. On or about March 23, 2009, Respondent _ prescribed Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 180 pills, and Oxyfast liquid, 2 bottles, for Patient J.M. J:\PSU\Medical\Bates Shirley\Sabates\2. AMENDED 2009-06686 AC(q)(t0(m).doc 50 325. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 180 pills, and Oxyfast liquid, 2 bottles, for Patient J.M., on or about March 23, 2009. 326. On or about April 17, 2009, Respondent prescribed Oxyfast liquid, 2 bottles, for Patient J.M. 327. Respondent did not keep medical records which record the justification for prescribing Oxyfast liquid, 2 bottles, for Patient J.M., on or about April 17, 2009. 328. On or about April 21, 2009, Respondent prescribed Roxicodone 30 milligram 120 pills and Roxicodone 30 milligram 50 pills, for Patient J.M. 329. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 120 pills and Roxicodone 30 milligram 50 pills, for Patient J.M., on or about April 21, 2009. 330. On or about April 23, 2009, Respondent prescribed Roxicodone 30 milligram 70 pills for Patient J.M. 331. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 70 pills, for Patient J.M., on or about Apri! 23, 2009. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(k0(m).doc 51 332. On or about May 15, 2009, Respondent prescribed Roxicodone 30 milligram 150 pills, Roxicodone 30 milligram 150 pills, and Oxyfast liquid, 2 bottles, for Patient J.M. 333. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 150 pills, Roxicodone 30 milligram 150 pills, and Oxyfast liquid, 2 bottles, for Patient J.M., on or about Mary 15, 2009. 334. On or about June 10, 2009, Respondent prescribed Roxicodone 30 milligram 150 pills, Roxicodone 30 milligram 150 pills, and Oxyfast liquid, 2 bottles, for Patient J.M. 335. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 150 pills, Roxicodone 30 milligram 150 pills, and Oxyfast liquid, 2 bottles, for Patient J.M., on or about June 10, 2009. ) 336. On or about June 10, 2009, Respondent prescribed Roxicodone 30 milligram 150 pilis, Roxicodone 30 milligram 150 pilis, and Oxyfast liquid, 2 bottles, for Patient J.M. 337. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 150 pills, Roxicodone 30 milligram 150 pills, and Oxyfast liquid, 2 bottles, for Patient J.M., on or about June 10, 2009. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO(m).dec 52 338. On or about July 3, 2009, Respondent prescribed Roxicodone 30 milligram 80 pills, Roxicodone 30 milligram 220 pills, and Oxyfast liquid, 2 bottles, for Patient J.M. 339. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 80 pills, Roxicodone 30 milligram 220 pills, and Oxyfast liquid, 2 bottles, for Patient J.M., on or about July 3, 2009. Facts Specific to Patient M.L. 340. On or about April 26, 2007, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 210 pills, for Patient MLL. 341. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 210 pills, for Patient M.L., on or about April 26, 2007. 342. On or about May 24, 2007, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L. 343. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pilis, and J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 53 Roxicodone 30 milligram 240 pills, for Patient M.L., on or about May 24, 2007. 344. On or about June 21, 2007, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient MLL. 345. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about June 21, 2007. 346. On or about July 18, 2007, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient MLL. , 347. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about July 18, 2007. 348. On or about August 14, 2007, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L. 349. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 54 Roxicodone 30 milligram 240 pills, for Patient M.L., on or about August 14, 2007. 350. On or about September 13, 2007, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L. | 351. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about September 13, 2007. 352. On or about October 11, 2007, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L. 353. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about October 11, 2007. | 354. On or about November 7, 2007, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L. 355. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).dac 55 Roxicodone 30 milligram 240 pills, for Patient M.L., on or about November 7, 2007. 356. On or about December 6, 2007, Respondent prescribed Roxicodone 30 milligram 250 pills, and Roxicodone 30 milligram 250 pills, for Patient M.L. 357. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 250 pills, and Roxicodone 30 milligram 250 pills, for Patient M.L., on or about December 6, 2007. 358. On or about January 8, 2008, “Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L. 359. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about January 8, 2008. 360. On or about February 5, 2008, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L. 361. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 56 Roxicodone 30 milligram 240 pills, for Patient M.L., on or about February 5, 2008. 362. On or about February 5, 2008, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L. 363. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about February 5, 2008. 364. On or about March 4, 2008, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient MLL. 365. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about March 4, 2008. 366. On or about April 1, 2008, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient MLL. 367. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 57 Roxicodone 30 milligram 240 pills, for Patient M.L., on or about April 1, 2008. 368. On or about April 29, 2008, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient MLL. 369. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and — Roxicodone 30 milligram 240 pills, for Patient M.L., on or about April 29, 2008. . 370. On or about May 27, 2008, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient MLL. 371. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about May 27, 2008. 372. On or about June 24, 2008, Respondent prescribed Roxicodone 30 milligram 240 pills for Patient MLL. 373. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 240 pills, for Patient M.L., on or about June 24, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 58 374. On or about July 22, 2008, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient | MLL. 375. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about July 22, 2008. _ 376. On or about July 23, 2008, Respondent prescribed Roxicodone 30 milligram 240 pills, for Patient M.L. 377. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 240 pills, for Patient M.L., on or about July 23, 2008. 378. On or about August 20, 2008, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L. 379, Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about August 20, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO(m).doc 59 380. On or about September 16, 2008, Respondent prescribed Roxicodone 30 milligram 100 pills, Roxicodone 30 milligram 100 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L. 381. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 100 pills, Roxicodone 30 milligram 100 pills and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about September 16, 2008. 382. On or about October 14, 2008, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient MLL. 383. Respondent did not keep medical records which record the justification for. prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about October 14, 2008. 384. On or about November 11, 2008, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L. | 385. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about November 11, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO(m).doc 60 386. On or about December 9, 2008, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L. 387. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L., on or about December 9, 2008. 388. On or about January 6, 2009, Respondent prescribed Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 240 pills, for Patient M.L. 389. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, and. Roxicodone 30 milligram 240 pills, for Patient M.L., on or about January 6, 2009. | 390. On or about February 2, 2009, Respondent prescribed Roxicodone 30 milligram 180 pills, Roxicodone 30 milligram 240 pills, and Roxicodone 15 milligram 40 pills, for Patient M.L. 391. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 200 pills, Roxicodone 30 milligr93am 240 pills, and Roxicodone 15 milligram 40 pills, for Patient M.L., on or about February 2, 2009. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 61 392. On or about March 3, 2009, Respondent prescribed Roxicodone 30 milligram 150 pills, Oxycodone 5 milligram 210 pills, and Percocet 10/325 milligram 210 pills, for Patient M.L. 393. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 150 pills, Oxycodone 5 milligram 210 pills, and Percocet 10/325 milligram 210 pills, for Patient M.L., on or about March 3, 2009. 394. On or about March 6, 2009, Respondent prescribed Roxicodone 30 milligram 100 pills and Percocet 10/325 milligram 210 pills, for Patient M.L. 395. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 100 pills and Percocet 10/325 milligram 210 pills, for Patient M.L., on or about March 6, 2009. Facts Specific to Patient M.P. 396. On or about February 12, 2007, Respondent prescribed Methadone 10 milligram, 180 pills, Oxycontin 80 milligram 30 pills, and Oxycontin 80 milligram 150 pills for Patient M.P. 397. Respondent did not keep medical records which record the justificati970n for prescribing Methadone 10 milligram, 180 pills, Oxycontin 80 milligram 30 pills, and Oxycontin 80 milligram 150 pills, for Patient M.P., on or about February 12, 2007. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q){t0(m).doc 62 398. On or about March 1i5, 2007, Respondent prescribed Methadone 10 milligram, 180 pills, Oxycontin 80 milligram 100 pills, and Oxycontin 80 milligram 80 pills for Patient M.P. 399. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, Oxycontin 80 milligram 100 pills, and Oxycontin 80 milligram 80 pills, for Patient M.P., on or about March 15, 2007. 400. On or about May 9, 2007, Respondent prescribed Methadone 10 milligram, 180 pills, Oxycontin 80 milligram 140 pills, and Oxycontin 80 milligram 40 pills for Patient M.P., 401. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, Oxycontin 80 milligram 140 pills, and Oxycontin 80 milligram 40 pills, for Patient M.P., on or about May 9, 2007. 402. On or about June 6, 2007, Respondent prescribed Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 240 pilis, and Roxicodone 30 milligram 240 pills for Patient M.P. 403. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 240 pills, and Roxicodone 30 milligram 240 pills, for Patient M.P., on or about June 6, 2007. J.\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 63 404. On or about july 3, 2007, Respondent prescribed Methadone 10 milligram, 180 pills, Oxycontin 40 milligram 120 pills, Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 120 pills for Patient M.P. 405. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, Oxycontin 40 milligram 120 pills, Roxicodone 30 milligram 200 pills, and Roxicodone 30 milligram 120 pills, for Patient M.P., on or about July 3, 2007. 406. On or about July 31, 2007, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 407. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about July 31, 2007. 408. On or about August 28, 2007, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 409. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about August 28, 2007. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 64 410. On or about September 25, 2007, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 411. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about September 25, 2007. 412. On or about October 23, 2007, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 413. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about October 23, 2007. 414, On or about November 19, 2007, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 415. Respondent did not keep medical records which record the justification for prescribing Methadone i0 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about November 19, 2007. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 65 416. On or about December 17, 2007, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 417. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 bills, and Roxicodone 30 milligram 489 pills, for Patient M.P., on or about December 17, 2007. 418. On or about January 15, 2008, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 419. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about January 15, 2008. 420. On or about February 12, 2008, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 421. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about February 12, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 66 422. On or about March 11, 2008, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 423. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about March 11, 2008. 424. On or about April 9, 2008, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 425. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about April 9, 2008. 426. On or about May 6, 2008, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. . 427. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about May 6, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 67 428. On or about June 3, 2008, Respondent prescribed Methadone 10 milligram, 180 pilis, and Roxicodone 30 milligram 480 pills for Patient M.P. 429. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about June 3, 2008. 430. On or about July 1, 2008, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 431. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about July 1, 2008. 432. On or about July 29, 2008, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 433. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about July 29, 2008. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 68 434. On or about August 25, 2008, Respondent prescribed Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 120 pills and Roxicodone 30 milligram 360 pills for Patient M.P. 435. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 120 pills and Roxicodone 30 milligram 360 pills, for Patient M.P., on or about August 25, 2008. 436. On or about October 2, 2008, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 437. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about October 2, 2008. 438. On or about October 30, 2008, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. 439. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 69 Roxicodone 30 milligram 480 pills, for Patient M.P., on or about October 30, 2008. 440. On or about November 25, 2008, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills for Patient M.P. . 441. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about November 25, 2008. 442. On or about December 23, 2008, Respondent prescribed Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 330 pills, and Roxicodone 30 milligram 150 pills, for Patient M.P. 443. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 330 pills, and Roxicodone 30 milligram 150 pills, for Patient M.P., on or about December 23, 2008. 444. On or about January 20, 2009, Respondent prescribed Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 380 pills, and Roxicodone 30 milligram 100 pills, for Patient M.P. 445. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, Roxicodone J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 70 30 milligram 380 pills, and Roxicodone 30 milligram 100 pills, for M.P., on or about January 20, 2009. 446. On or about February 17, 2009, Respondent prescribed Methadone 10 milligram, 180 pills, Roxicodone 30 miiligram 300 pills, Roxicodone 30 milligram 180 pills and Roxicodone 30 milligram 180 pills for Patient M.P. 447. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 300 pills, Roxicodone 30 milligram 180 pills and Roxicodone 30 milligram 180 pills, for Patient M.P., on or about February 17, 2009. 448. On or about March 17, 2009, Respondent prescribed Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 120 pills and Roxicodone 30 milligram 120 pills, for Patient M.P. 449. Respondent did not keep medical records which record the _ justification for prescribing Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 120 pills and Roxicodone 30 milligram 120 pills, for Patient M.P., on or about March 17, 2009. 450. On or about March 17, 2009, Respondent prescribed Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 120 pills, J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO(m).doc 71 Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 120 pills and Roxicodone 30 milligram 120 pills, for Patient M.P. 451. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 120 pills and Roxicodone 30 milligram 120 pills, ‘for Patient M.P., on or about March 17, 2009. 452. On or about March 23, 2009, Respondent prescribed Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 60 pills, and Roxicodone 30 milligram 60 pills, for Patient M.P. 453. Respondent did not keep medical records which record the justification for prescribing Roxicodone 30 milligram 120 pilis, Roxicodone 30 milligram 60 pills, and Roxicodone 30 milligram 60 pills, for Patient M.P., on or about March 23, 2009. 454. On or about April 13, 2009, Respondent prescribed Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 135 pills, Roxicodone 30 ‘milligram 60 pills, Roxicodone 30 milligram 60 pills, Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 105 pills, and Roxicodone 30 milligram 105 pills, for Patient M.P. 455. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, Roxicodone J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc : 72 30 milligram 135 pills, Roxicodone 30 milligram 60 pills, Roxicodone 30 milligram 60 pills, Roxicodone 30 milligram 120 pills, Roxicodone 30 milligram 105 pills, and Roxicodone 30 milligram 105 pills, for Patient M.P., on or about April 13, 2009. 456. On or about May 11, 2009, Respondent prescribed Methadone 10 milligram, 180 pills, Roxicodone 30 milligram 240 pills, and Roxicodone 30 milligram 240 pills, for Patient M.P. 457. Respondent did not keep medical records which record the justification for prescribing Methadone 10 ‘milligram, 180 pills, Roxicodone 30 milligram 240 pills, and Roxicodone 30 milligram 240 pills, for Patient M.P., on or about May 11, 2009. 458. On or about July 7, 2009, Respondent prescribed Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P, 459. Respondent did not keep medical records which record the justification for prescribing Methadone 10 milligram, 180 pills, and Roxicodone 30 milligram 480 pills, for Patient M.P., on or about July 7, 2009. COUNT ONE 460. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 73 461. Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008 2009), subjects a licensee to discipline, including suspension, for prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician's professional practice. For purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician's professional practice, without regard to his intent. 462. Respondent prescribed, dispensed, administered, mixed, or otherwise prepared a legend drug, other than in the course of his professional practice, from on or around February 12, 2007, through on or about July 16, 2009, by inappropriately and excessively prescribing a controlled substance, Roxicodone, without justification, to Patient W.C., as outlined in paragraphs eleven (11) and twelve (12). 463. Based on the . forgoing, Respondent violated Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008, 2009) when he prescribed, any controlled substance, other than in the course of his professional practice, from on or around February 12, 2007, through on or about July 16, 2009, by inappropriately and excessively prescribing a J:\PSU\Medical\Bates Shirley\Sabates\? AMENDED 2009-06686 AC(q)(tO(m).doc 74 controlled substance, Roxicodone, without justification, to Patient W.C., as outlined in paragraphs eleven (11) and twelve (12). COUNT TWO 464. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 465. Section 458.331(1)(m), Florida Statutes (2005, 2006, 2007), provides that failing to keep legible medical records 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 Medicine. 466. Respondent failed to keep legible medical records justifying the course of treatment for Patient W.C., by failing to record the justification for prescribing a controlled substance, Roxicodone, to Patient W.C., as outlined in paragraphs eleven (11) and twelve (12). 467. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2006, 2007, 2008, 2009), by failing to keep legible medical records that justify the course of treatment for Patient W.C., including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc : 75 COUNT THREE 468. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. } 469. Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes (2007), defines medical malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. 470. Level of care, skill, and treatment recognized in general law related to health care licensure means the standard of care specified in Section 766.102. Section 766.102(1), Florida Statutes, defines the standard of care to mean". . . The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. . . .” 471. Respondent failed to meet the required standard of care By inappropriately and excessively prescribing a controlled substance, Roxicodone, without justification, to Patient W.C., as outlined in paragraphs eleven (11) and twelve (12). J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 76 472. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), by inappropriately and excessively prescribing a controlled substance, Roxicodone, without justification, to Patient W.C., as outlined in paragraphs eleven (11) and twelve (12). COUNT FOUR 473. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and thirteen (13). through twenty six (26) as if fully set forth herein. 474. Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008 2009), subjects a licensee to discipline, including suspension, for prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician’s professional practice. For purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician’s professional practice, without regard to his intent. 475. Respondent prescribed, dispensed, administered, mixed, or otherwise prepared a legend drug, other than in the course of his J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 77 professional practice, by inappropriately and excessively prescribing a controlled substance, Roxicodone and Oxycontin, without justification, to Patient D.M. as outlined in paragraphs thirteen (13) through twenty six (26). 476. Based on the forgoing, Respondent violated Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008, 2009) when he prescribed, any controlled substance, other than in the course of his professional practice by inappropriately and excessively prescribing controlled substances, without justification, Patient D.M. , COUNT FIVE 477. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and thirteen (13) through twenty six (26) as if fully set forth herein. 478. Section 458.331(1)(m), Florida Statutes (2005, 2006, 2007), provides that failing to keep legible medical records 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 Medicine. 479. Respondent failed to keep legible medical records justifying the course of treatment for Patient D.M., by failing to record the justification J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 78 for prescribing the controlled substances, Roxicodone and Oxycontin, to Patient D.M., as outlined in paragraphs thirteen (13) through twenty six (26). 480. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2006, 2007, 2008, 2009), by failing to keep legible medical records that justify the course of treatment for, Patient D.M., 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 SIX 481. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and thirteen (13) through twenty six (26) as if fully set forth herein. 482. Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes (2007), defines medical malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. 483. Level of care, skill, and treatment recognized in general law related to health care licensure means the standard of care specified in J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO(m).doc 79 Section 766.102. Section 766.102(1), Florida Statutes, defines the standard of care to mean. . . The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar . health care providers. . . .” 484. Respondent failed to meet the required standard of care By inappropriately and excessively prescribing the controlled substances, Roxicodone and Oxycontin, without justification, to Patient D.M., as outlined in paragraphs thirteen (13) through twenty six (26). 485. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), by inappropriately and excessively prescribing controlled substances, without justification, for Patient D.M. COUNT SEVEN 486. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and fifty one (51) through ninety four (94) as if fully set forth herein. 487. Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008 2009), subjects a licensee to discipline, including suspension, for prescribing, dispensing, administering, mixing, or otherwise preparing a J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 80 legend drug, including any controlled substance, other than in the course of the physician's professional practice. For purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician’s professional practice, without regard to his intent. 488. Respondent prescribed, dispensed, administered, mixed, or otherwise prepared a legend drug, other than in the course of his professional practice by inappropriately and excessively prescribing the controlled substance, Roxicodone, in conjunction with the controlled substance, Norco, without justification, to Patient R.H., as outlined in paragraphs fifty one (51) through ninety four (94). 489. Based on the forgoing, Respondent violated Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008, 2009) when he prescribed, any controlled substance, other than in the course of his professional practice by inappropriately and excessively prescribing the — controlled substance, Roxicodone, in conjunction with the controlled substance, Norco, without justification, to Patient R.H., as outlined in paragraphs fifty one (51) through ninety four (94). J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 81 COUNT EIGHT 490. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and fifty one (51) through ninety four (94) as if fully set forth herein. 491. Section 458.331(1)(m), Florida Statutes (2005, 2006, 2007), provides that failing to keep legible medical records 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 Medicine. 492. Respondent failed to keep legible medical records justifying the course of treatment for Patient R.H., by failing to record the justification for inappropriately and excessively prescribing the controlled substance, Roxicodone, in conjunction with the controlled substance, Norco, to Patient R.H., as outlined in paragraphs fifty one (51) through ninety four (94). 493. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2006, 2007, 2008, 2009), by failing to keep legible medical records that justify the course of treatment for, Patient R.H., including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO(m).doc 82 COUNT NINE 494, Petitioner realleges and incorporates paragraphs one (1) through ten (10) and fifty one (51) through ninety four (94) as if fully set forth herein. 495. Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes (2007), defines medical malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. ) 496. Level of care, skill, and treatment recognized in general law related to health care licensure means the standard of care specified in Section 766.102. Section 766.102(1), Florida Statutes, defines the standard of care to mean“. . . The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. .. .” 497, Respondent failed to meet the required standard of care by inappropriately and excessively prescribing the controlled substance, Roxicodone, in conjunction with the controlled substance, Norco, without J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 83 justification, to Patient R.H., as outlined in paragraphs fifty one (51) through ninety four (94). 498. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), by inappropriately and excessively prescribing the controlled substance, Roxicodone, in conjunction with the controlled substance, Norco, without justification, to Patient R.H., as outlined in paragraphs fifty one (51) through ninety four (94). COUNT TEN 499. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and ninety five (95) through one hundred sixty six (166), as if fully set forth herein. 500. Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008 2009), subjects a licensee to discipline, including suspension, for prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician’s professional practice. For purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 84 not in the best interest of the patient and is not in the course of the _ Physician's professional practice, without regard to his intent. 501. Respondent prescribed, dispensed, administered, mixed, or otherwise prepared a legend drug, other than in the course of his professional practice, by inappropriately and excessively prescribing the controlled substances, Roxicodone, Percocet, and Oxycontin, without justification, to Patient K.L., as outlined in paragraphs ninety five (95) through one hundred sixty six (166). 502. Based on the forgoing, Respondent violated Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008, 2009) when he prescribed, any controlled substance, other than in the course of his professional practice by inappropriately and excessively prescribing the controlled substances, Roxicodone, Percocet, and Oxycontin, without justification, to Patient K.L., as outlined in paragraphs ninety five (95) through one hundred sixty six (166). COUNT ELEVEN 503. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and ninety five (95) through one hundred sixty six (166), as if fully set forth herein. 504. Section 458.331(1)(m), Florida Statutes (2005, 2006, 2007), provides that failing to keep legible medical records that justify the course J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc ‘ 85 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 Medicine. 505. Respondent failed to keep legible medical records justifying the course of treatment for Patient K.L., by failing to record the justification for inappropriately and excessively prescribing the controlled substances, Roxicodone, Percocet, and Oxycontin, to Patient K.L., as outlined in paragraphs ninety five (95) through one hundred sixty six (166). 506. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2006, 2007, 2008, 2009), by failing to keep legible medical records that justify the course of treatment for, Patient K.L.,, 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 TWELVE 507. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and ninety five (95) through one hundred sixty six (166), as if fully set forth herein. 208. Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), subjects a doctor to discipiine for committing medical malpractice as J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO0(m).doc 86 defined in Section 456.50. Section 456.50, Florida Statutes (2007), defines medical malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. 509. Level of care, skill, and treatment recognized in general law related to health care licensure means the standard of care specified in Section 766.102. Section 766.102(1), Florida Statutes, defines the standard of care to mean“. . . The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all ‘relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. . . .” 510. Respondent. failed to meet the required standard of care by inappropriately and excessively prescribing the controlled substances, Roxicodone, Percocet, and Oxycontin, without justification, to Patient K.L., as outlined in paragraphs ninety five (95) through one hundred sixty six (166). 511. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), by inappropriately and excessively prescribing the controlled substances, Roxicodone, Percocet, and Oxycontin, without justification, to Patient K.L., J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 87 as outlined in paragraphs ninety five (95) through one hundred sixty six (166). COUNT THIRTEEN 512. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and one hundred sixty seven (167) through two hundred twenty four (224), as if fully set forth herein. 513. Section 458.331(1})(q), Florida Statutes (2006, 2007, 2008 2009), subjects a licensee to discipline, including suspension, for prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician's professional practice. For purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician's professional practice, without regard to his intent. . 514. Respondent prescribed, dispensed, administered, mixed, or otherwise prepared a legend drug, other than in the course of his professional practice, by inappropriately and excessively prescribing the controlled substances, Roxicodone and Oxyfast, without justification, to J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 88 Patient J.K., as outlined in paragraphs one hundred sixty seven (167) through two hundred twenty four (224). 515. Based on the forgoing, Respondent violated Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008, 2009) when he prescribed, any controlled substance, other than in the course of his professional practice by inappropriately and excessively prescribing the controlled substances, Roxicodone and Oxyfast, without justification, to Patient J.K., as outlined in paragraphs one hundred sixty seven (167) through two hundred twenty four (224). COUNT FOURTEEN 516. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and one hundred sixty seven (167) through two hundred twenty four (224), as if fully set forth herein. . 517. Section 458.331(1)(m), Florida Statutes (2005, 2006, 2007), provides that failing to keep fegible medical records 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 Medicine. 518. Respondent failed to keep legible medical records justifying the course of treatment for Patient J.K., by failing to record the justification for J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 89 inappropriately and excessively prescribing the controlled substances, Roxicodone and Oxyfast, to Patient J.K., as outlined in paragraphs one hundred sixty seven (167) through two hundred twenty four (224). 519. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2006, 2007, 2008, 2009), by failing to keep legible medical records that justify the course of treatment for, Patient J.K., 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 FIFTEEN 520. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and one hundred sixty seven (167) through two hundred twenty four (224), as if fully set forth herein. 521. Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes, defines medical malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. 522. Level of care, skill, and treatment recognized in general law related to health care licensure means the standard of care specified in J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO(m).doc 90 Section 766.102. Section 766.102(1), Florida Statutes, defines the standard of care to mean™. . . The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers... .” 523. Respondent failed to meet the required standard of care by inappropriately and excessively prescribing the controlled substances, Roxicodone and Oxyfast, without justification, to Patient J.K., as outlined in Paragraphs one hundred sixty seven (167) through two hundred twenty four (224). 524. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), by inappropriately and excessively prescribing the controlled substances, Roxicodone and Oxyfast, without justification, to Patient J.K., as outlined in paragraphs one hundred sixty seven (167) through two hundred twenty four (224). COUNT SIXTEEN 525. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and two hundred twenty five (225) through two hundred fifty eight (258), as if fully. set forth herein. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 91 526. Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008 2009), subjects a licensee to discipline, including suspension, for prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician's professional practice, For purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician’s professional practice, without regard to his intent. 527. Respondent prescribed, dispensed, administered, mixed, or otherwise prepared a legend drug, other than in the course of his professional practice, by inappropriately and excessively prescribing a controlled substance, Roxicodone, without justification, to Patient K.G., as outlined in paragraphs two hundred twenty five (225) through two hundred fifty eight (258). 528. Based on the forgoing, Respondent violated Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008, 2009) when he prescribed, any controlled substance, other than in the course of his professional practice by inappropriately and excessively prescribing the J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO(m).doc 92 controlled substance Roxicodone, without justification, to Patient K.G., as outlined in paragraphs two hundred twenty five (225) through two hundred fifty eight (258). COUNT SEVENTEEN 529. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and two hundred twenty five (225) through two hundred fifty eight (258), as if fully set forth herein. 530. Section 458.331(1)(m), Florida Statutes (2005, 2006, 2007), provides that failing to keep legibie medical records 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 Medicine. 531. Respondent failed to keep legible medical records justifying the course of treatment for Patient K.G., by failing to record the justification for inappropriately and excessively prescribing the controlled substance Roxicodone, to Patient K.G., as outlined in paragraphs two hundred twenty five (225) through two hundred fifty eight (258). 532. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2006, 2007, 2008, 2009), by failing to keep legible medical records that justify the course of treatment for, Patient J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 93 K.G., 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 EIGHTEEN 533. Petitioner realleges and incorporates paragraphs one (i) through ten (10) and two hundred twenty five (225) through two hundred fifty eight (258), as if fully set forth herein. 534. Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes, defines medical malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. 535. Level of care, skill, and treatment recognized in general law related to health care licensure means the standard of care specified in — Section 766.102. Section 766.102(1), Florida Statutes, defines the standard of care to mean". . . The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent simiiar health care providers. . . .” J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 94 536. Respondent failed to meet the required standard of care by inappropriately and excessively prescribing the controlled substance Roxicodone, without justification, to Patient KG, as outlined in paragraphs two hundred twenty five (225) through two hundred fifty eight (258). 537. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), by inappropriately and excessively prescribing the controlled substance Roxicodone, without justification, to Patient K.G., as outlined in paragraphs two hundred twenty five (225) through two hundred fifty eight (258). COUNT NINETEEN 538. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and two hundred fifty nine (259) through two hundred eighty three (283), as if fully set forth herein. 539. Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008 2009), subjects a licensee to discipline, including suspension, for prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician’s professional practice. For purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 95 not in the best interest of the patient and is not in the course of the physician's professional practice, without regard to his intent. 540. Respondent prescribed, dispensed, administered, mixed, or otherwise prepared a legend drug, other than in the course of his professional practice by inappropriately and excessively prescribing, the controlled substance, Roxicodone, without justification, to Patient D.D., as outlined in paragraphs two hundred fifty nine (259) through two hundred eighty three (283), 541. Based on the forgoing, Respondent violated Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008, 2009) when he prescribed, any controlled substance, other than in the course of his professional practice by inappropriately and excessively prescribing, a controlled substance, Roxicodone, without justification, to Patient D.D., as outlined in paragraphs two hundred fifty nine (259) through two hundred eighty three (283). COUNT TWENTY 242. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and two hundred fifty nine (259) through two hundred eighty three (283), as if fully set forth herein. 543. Section 458.331(1)(m), Florida Statutes (2005, 2006, 2007), provides that failing to keep legible medical records that justify the course 4:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO(m).doc 96 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 Medicine. 544. Respondent failed to keep legible medical records justifying the course of treatment for Patient D.D., by failing to record the justification for prescribing a controlled substance, Roxicodone, to Patient D.D., as outlined in paragraphs two hundred fifty nine (259) through two hundred eighty three (283). 545. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2006, 2007, 2008, 2009), by failing to keep legible medical records that justify the course of treatment for, Patient D.D., 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 TWENTY ONE 546. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and two hundred fifty nine (259) through two hundred eighty three (283), as if fully set forth herein. 547. Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), subjects a doctor to discipline for committing medical malpractice as J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 97 defined in Section 456.50. Section 456.50, Florida Statutes, defines medical malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to heaith care licensure. 548. Level of care, skill, and treatment recognized in general law related to health care licensure means the standard of care specified in Section 766.102. Section 766.102(1), Florida Statutes, defines the standard of care to mean”... The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. . . .” 549. Respondent failed to meet the required standard of care by inappropriately and excessively prescribing, the controlled substance, Roxicodone, without justification, to Patient D.D., as outlined in paragraphs two hundred fifty nine (259) through two hundred eighty three (283). 550. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), by inappropriately and excessively prescribing, the controlled substance, Roxicodone, without justification, to Patient D.D., as outlined in paragraphs two hundred fifty nine (259) through two hundred eighty three (283). J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 98 COUNT TWENTY TWO 551. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and two hundred eighty four (284) through three hundred thirty nine (339), as if fully set forth herein. 552. Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008 2009), subjects a licensee to discipline, including suspension, for prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician’s professional practice. For purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled - substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician's professional practice, without regard to his intent. 553. Respondent prescribed, dispensed, administered, mixed, or otherwise prepared a legend drug, other than in the course of his professional practice, by inappropriately and excessively prescribing the controlled substances, Roxicodone and Oxyfast, without justification, to Patient J.M., as outlined in paragraphs two hundred eighty four (284) through three hundred thirty nine (339). J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 99 554. Based on the forgoing, Respondent violated Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008, 2009) when he prescribed, any controlled substance, other than in the course of his professional practice by inappropriately and excessively prescribing the controlled substances, Roxicodone and Oxyfast, without justification, to Patient J.M., as outlined in paragraphs two hundred eighty four (284) through three hundred thirty nine (339). COUNT TWENTY THREE 555. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and two hundred eighty four (284) through three hundred thirty nine (339), as if fully set forth herein. 556. Section 458.331(1)(m), Florida Statutes (2005, 2006, 2007), provides that failing to keep legible medical records 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 Medicine. 557. Respondent failed to keep legible medical records justifying the course of treatment for Patient J.M., by failing to record the justification for inappropriately and excessively prescribing the controlled substances, J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 100 Roxicodone and Oxyfast, to Patient J.M., as outlined in paragraphs two hundred eighty four (284) through three hundred thirty nine (339). 558. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2006, 2007, 2008, 2009), by failing to keep legible medical records that justify the course of treatment for, Patient J.M., 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 TWENTY FOUR 959. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and two hundred eighty four (284) through three hundred thirty nine (339), as if fully set forth herein. 960. Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes, defines medical malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. 561. Level of care, skill, and treatment recognized in general law related to health care licensure means the standard of care specified in Section 766.102. Section 766.102(1), Florida Statutes, defines the J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 101 standard of care to mean“. . . The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. . . .” 562. Respondent failed to meet the required standard of care by inappropriately and excessively prescribing the controlled substances, Roxicodone and Oxyfast, without justification, to Patient J.M., as outlined in paragraphs two hundred eighty four (284) through three hundred thirty nine (339). 563. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), by inappropriately and excessively prescribing the controlled substances, Roxicodone and Oxyfast, without justification, to Patient J.M., as outlined in paragraphs two hundred eighty four (284) through three hundred thirty nine (339). COUNT TWENTY FIVE 564. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and three hundred forty (340) through three hundred ninety five (395), as if fully set forth herein. J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 102 565. Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008 2009), subjects a licensee to discipline, including suspension, for prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician's professional practice. For purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician's professional practice, without regard to his intent. 566. Respondent prescribed, dispensed, administered, mixed, or otherwise prepared a legend drug, other than in the course of his professional practice, by inappropriately and excessively prescribing the controlled substances, Roxicodone, Oxycodone, and Percocet, without justification, to Patient M.L., as outlined in paragraphs three hundred forty (340) through three hundred ninety five (395). 567. Based on the forgoing, Respondent violated Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008, 2009) when he prescribed, any controlled substance, other than in the course of his professional practice by inappropriately and excessively prescribing the controlled substances, Roxicodone, Oxycodone, and Percocet, without J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 103 justification, to Patient M.L., as outlined in paragraphs three hundred forty (340) through three hundred ninety five (395). COUNT TWENTY SIX 368. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and three hundred forty (340) through three hundred ninety five (395), as if fully set forth herein. , 569. Section 458.331(1)(m), Florida Statutes (2005, 2006, 2007), provides that failing to keep legible medical records 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 Medicine. 570. Respondent failed to keep legible medical records justifying the course of treatment for Patient M.L., by failing to record the justification for inappropriately and excessively prescribing the controlled substances, Roxicodone, Oxycodone, and Percocet, to Patient M.L., as outlined in paragraphs three hundred forty (340) through three hundred ninety five (395). 971. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2006, 2007, 2008, 2009), by failing to keep legible medical records that justify the course of treatment for, Patient J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 104 M.L., 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 TWENTY SEVEN 572. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and three hundred forty (340) through three hundred ninety five (395), as if fully set forth herein, | 973. Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes (2007), defines medical malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. - 974. Level of care, skill, and treatment recognized in general law related to health care licensure means the standard of care specified in Section 766.102. Section 766.102(1), Florida Statutes, defines the standard of care to mean. . . The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers, .. .” J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(tO0(m).doc 105 575. Respondent failed to meet the required standard of care by inappropriately and excessively prescribing the controlled substances, Roxicodone, Oxycodone, and Percocet, without justification, to Patient M.L., as outlined in paragraphs three hundred forty (340) through three hundred ninety five (395). 576. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), by inappropriately and excessively prescribing the controlled substances, Roxicodone, Oxycodone, and Percocet, without justification n, to Patient M.L., as outlined in paragraphs three hundred forty (340) through three hundred ninety five (395). COUNT TWENTY EIGHT 577. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and three hundred ninety six (396) through four hundred fifty nine (459), as if fully set forth herein. 978. Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008 2009), subjects a licensee to discipline, including suspension, for prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician's professional practice. For purposes of this paragraph, it J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(g)(tO(Mn}.dac 106 shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician’s professional practice, without regard to his intent. 579. Respondent prescribed, dispensed, administered, mixed, or otherwise prepared a legend drug, other than in the course of his professional practice, by inappropriately and excessively prescribing the controlled substance Roxicodone in conjunction with the controlled substance Methadone, and/or the controlled substance Oxycontin, without justification, to Patient M.P., as outlined in paragraphs three hundred: ninety Six (396) through four hundred fifty nine (459). 980. Based on the forgoing, Respondent violated Section 458.331(1)(q), Florida Statutes (2006, 2007, 2008, 2009) when he prescribed, any controlled substance, other than in the course of his professional practice by inappropriately and excessively prescribing the controlled substance Roxicodone in conjunction with the controlled substance Methadone, and/or the controlled substance Oxycontin, without J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 107 justification, to Patient M.P., as outlined in paragraphs three hundred ninety six (396) through four hundred fifty nine (459). COUNT TWENTY NINE 581. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and three hundred ninety six (396) through four hundred fifty nine (459), as if fully set forth herein. 582. Section 458.331(1)(m), Florida Statutes (2005, 2006, 2007), provides that failing to keep legible medical records 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 Medicine. 583. Respondent failed to keep legible medical records justifying the course of treatment for Patient M.P., by failing to record the justification for by inappropriately and excessively prescribing the controlled substance Roxicodone in conjunction with the controlled substance Methadone, and/or the controlled substance Oxycontin, to Patient M.P, as outlined in paragraphs three hundred ninety six (396) through four hundred fifty nine (459). 584. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2006, 2007, 2008, 2009), by failing to J:\PSU\Medical\Bates Shirtey\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 108 keep legible medical records that justify the course of treatment for, Patient M.P., 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 THIRTY 585. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and three hundred ninety six (396) through four hundred fifty nine (459), as if fully set forth herein. 586. Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes, defines medical malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. | 587. Level of care, skill, and treatment recognized in general law related to health care licensure means the standard of care specified in Section 766.102. Section 766.102(1), Florida Statutes, defines the standard of care to mean“... The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 109 recognized as acceptable and appropriate by reasonably prudent similar health care providers. . . .” 588. Respondent failed to meet the required standard of care by inappropriately and excessively prescribing the controlled substance Roxicodone in conjunction with the controlled substance Methadone, and/or the controlled substance Oxycontin, without justification, to Patient M.P., as Outlined in paragraphs three hundred ninety six (396) through four hundred fifty nine (459). 589. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2006, 2007, 2008, 2009), by inappropriately and excessively prescribing the controlled substance Roxicodone in conjunction with the controlled substance Methadone, and/or the controlled substance Oxycontin, without justification, to Patient M.P., as outlined in paragraphs three hundred ninety six (396) through four hundred fifty nine (459). 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 J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc . 110 fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this -7/7 day of _(CZiebe— , 2009. Ana M Viamonte Ros, M.D., M.P.H. State Surgeon General DEPARTMENT OF HEALTH . CLERK: Lingete Bolton - 70 129105 Shirley L. Bates RTE ln Assistant@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 SLB/ PCP: Och 23, 2009 PCP Members: : El- Babe | D, fasenb ey, Mullins DOH v. RICARDO JOSE SABATES, M.D. Case No. 2009-06686 J:\PSU\Medical\Bates Shirley\Sabates\2 AMENDED 2009-06686 AC(q)(t0(m).doc 111

Docket for Case No: 10-002124PL