Daparinent of Business and Prateastonel Mepuletlon Deputy Agency Clerk CLERK Brandon Nishols Bote 9/27/2009 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL PEGULATION BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2007-067308 DOMINIC F. ANDREOLI, D.V.M., Respondent. BDMINISTRATIVE COMPLAINT Petitioner, Department Of Business and Professional Regulation, files this Administrative Complaint before the Board of Veterinary Medicine, against Respondent, Dominic F. Andreoli, D.V.M., and alleges: 1. Petitioner is the state agency charged with regulating the practice of veterinary medicine pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 474, Florida Statutes. 2. At all times material to this complaint, Respondent was licensed to practice veterinary medicine in the State of Florida, having been issued licanse number VM 4945. 3. Respondent's address of record is 6857 Wellington Drive, Naples, Florida 34109. 4, Complainant and her dog “Buddy” have been e@lients at Respondent's elinic, All Animals Clinic, since July 23, 2003. GAOGC\ Professions Boards\velerinary medicine\ACW009\Andreoli, Dominic 07-C67309 (LY AC.dac l 2/19/2003 ET/é@ Jovd YOO sddd EP : OT:9T otToz as dy “apes TAROT BTBe SCE 5. On May 5, 2007, Complainant took “Buddy” to Respondent’s clinic for treatment of skin issues. G. Respondent performed serum allergy tests and provided a treatment of antibacterials, corticosteroids, and anti- histamines. Later, “Buddy” was also preseribed an antibacterial wash. 7. On May 15, 2007, the allergy test came back positive so Respondent gave Camplainant an anti-fungal shampoo and refilled the antibacterial and anti-histamine medications. 8. on August 17, 2007, Complainant took “Buddy” back to the clinic because he started te lose hair and began developing sore spots all over his body. Respondent performed an examination and administered an antibacterial injection and an anti-~histamine injection. Additionally, Respondent dispensed an oral antibacterial medication. 9. On October Ji, 2007, Complainant presented “Buddy” because he was net eating well, having accidents in the house, and was vomiting. Respondent performed lab work and administered symptomatic therapy. Tn addition, Respondent administered an anti-parasiticide and told Complainant not to give “Buddy” anything oval for 24 hours. 10. On October 12, 2007, Respondent had the blood work results and it reflected that “Buddy's” liver numbers were elevated. Respondent administered Denamarin. Complainant GAOGC\Professions Boards\weterinary medicine\AC 2009 Andreoli, Dominic 07-067209 (1)(rJAC.doc : 2 2/19/2008 ET/8a Fovd FOO add 6P49P Tress TS'a@T alae /be/Pa TE:9T oToz of dy inquired if the medication would have any impact upon the numbers on the test, to which Respondent claimed that it wouldn't. At. this time, Complainant informed Respondent that they would seek a second opinion. 112. on October 15, 2007, Complainant made an appointment with a Dr. Kaith Johnson of Eastside Animal Clinic for Octoher 24, 2Q07. Respondent eontacted Complainant and stated that he contacted a pharmacist for a second opinion and the pharmacist claimed that he believed that the GenGraf was not responsible for the test results. 12. Complainant did not take “Buddy” back toa Respondent's elinic after this. 13. On October 19, 2007, “Buddy” was 8¢en by Dr. Johnson before his scheduled appointment because “Buddy” got sick ‘the day before. 14. Dr. Johnson examined “Buddy” and determined that he was diabetic and very sick and needed to be taken to an emergency center. 15. “Buddy” had to be hospitalized over the weekend at Emergency Pet Hospital of Collier County. 16. On October 22, 2007, “Buddy” was transferred back ta Dr, Johnson, but his condition did not improve and he had to be transferred back to the emergency alinic on Octeber 25, 2007. 17. On October 26, 2007, “Buddy” passed away. GAOGC\Professions Bouds\eterinary medicinAACZ2009\ Andreoli, Dominic 07-067309 (1)7AC doc 3 2/19/2009 ET/6B Javd YOO sddd Bp29P Tress TS:@T @lad/be/Pa Th:a. otor of 4dy 18. Respondent claims that Complainants declined blood work from the May 5, 2007 visit, but the medical records do not support this claim. 19. Respondent claims that on the August 17, 2007 visit “no other physical findings were seen and there was no mention ef any other symptoms by the owners” without support in the medigal records for this claim. 20. Respondent claims that “a recommendation was made for a liver veducing supplement and repeat blood tests due to elevations of liver enzymes based on a partial lab report. The owner wag advised that blood work was still pending.” This claim is not supported by the medical record. 21. Respondent claims that the Complainant declined x-rays and hospitalization for “Buddy.” This was not supported by the medical records. 22, Respondent made no reference in the medical records te the elevated blood glucose and depressed thyroid levels. 23. Respondent failed document the quantity of fluids administered on the October 11, 2007 visit in the medical records. COUNT ONE 24, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through twenty-three (23) as though set forth herein. GAOGC\Professions Boards\veterinary medicine\AC\2009\Andreoli, Dominic 07-067309 (1)(f\AC.doc 4 2/19/2009 ET/@T aid FOO add 6P49P Tress TS'a@T alae /be/Pa Th:a. otor of 4dy 25. Section 474.214(1) (r), Florida Statutes, states the following shall constitute grounds for disciplinary action: “[bleing guilty of incompetence or negligence by failing to practice medicine with that level of care, skili, and treatment which is yrecognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances.” 26. Based on the foregoing, Respondent violated Section 474.214(1)(r), Florida Statutes, when he failed to perform additional diagnostics and testing after receiving the laboratory results. Respondent’s use of corticosteroids on a patient already on immunosuppressive drugs is not an acceptable practice. Respondent ig therefore subject to discipline by the Board of Veterinary Medicine pursuant to Section 474,214(2), Florida Statutes. COUNT TWO 27. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through twenty-three (23) as though set forth herein. 28, Section 474.214(1) (y) (3), Florida Statutes, states the following shall constitute grounds for disciplinary. action: “Tujsing the privilege. of ordering, prescribing, or making available medicinal drugs of drugs as defined in chapter 465, or controlled substances as defined in chapter 893, for use other than for the specific treatment of animal patients for which GAOGC Professions Boards\weterinary medicine ACWO0NAndreoli, Dominic 07-067309 (1)(r)\AC dose 5 2/19/2009 ET/TT i Fad FOO sda 6pé9oPTpags TS'ST alae /be/Pa Th:a. otor of 4dy there is a documented veterinarian/client/patient relationship. Pursuant thereto, the yeterinarian shall: maintain records which document patient visits, diagnosis, treatment, and other relevant information required under this chapter.” 29, Rule 61G18-18.002(1), Florida Administrative Code, states that “there must be an individual medical record maintained on every patient examined or administered to by the veterinarian except as provided in (?) below, for a period of not less than three years after date of last entry. The medical records shall contain all clinical information pertaining to the patient with sufficient information to justify the diagnosis or determination of health status and warrant any treatment recommended or administered. 30. Bule 61G18-18.002(3), Florida Administrative Code, requires that “imjedical records shall be contemporaneously written and include the date of each service performed. They shall contain the following information: Name of owner or agent, patient identification, record of any vaccinations administered, complaint or reason for provision of services, history, physical examination, any present illness of injury noted, provisional diagnosis or health status determination.” 31. Based on the foregoing, Respondent violated Section 474.214(1) (y) (3), Florida Statutes, when he failed to properly complete the medical records. Respondent is therefore subject GAOGC\Professions Boards\veterinary medicine\AC2009\ Andreoli, Dominic 07-067309 (1)(\4C.doc 6 gf19/20d8 ET/2T Sed YOO Ada Br29P Trace TS‘GT GTa2/62/Pa TE:9T oToz of dy to discipline by the Board of Veterinary Medicine pursuant to Section 474-.214(2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Veterinary Medicine enter an order imposing oné 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 Respondent on probation, assessment of costs, corrective action and/or any other relief that the Board deems appropriate. Signed this L0 day of Vbach , 2009, CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: ELIZABETH FLETCHER DUFFY Assistant General Counsel Florida Bar No. 0980404 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (850) 487-9648 Facsimile: (850) 414-6749 pep pate: 3 -1¥-04 PCP Members: bg wt ~ Sere EFD/j1lm GAOGC\Professions Boards\veterinary medicine\ACW2009\Andreoli, Dominic 07-067309 (1) NAC. doc 7 2/19/2009 ETfET aid Yo0 addad 6P29PTPaos TS‘GT GTaé/62/ra ZE:9T oOToz as dy

Docket for Case No: 10-002387PL