May 10 2010 15:55 gs/ag/2ale 1e:3e 8584146749 DEPR OGA PAGE @3/a9 Deputy Agenay Clerk Brandon Nichols 8/24/2009 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2009-020057 ROBERT A. MCDONALD, D.V.M., Respondent . / ADMINISTRATIVE COMPLAINT Petitioner, Department Of Business and Professional Regulation, files this Administrative Complaint before the Board of Veterinary Medicine, against Respondent, Robert A. McDonald, 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 license number VM 2504. 3. Respondent's address of record ia P.O, Box 770179, Ocala, FL 34477. GAOGC Professions Bortds\veterinary medisine\ AC\Z009\ McDonald, Robert 09-020037 (1 )(2\AC. doe 1 af20/2009 May 10 2010 15:55 gs/ag/2ale 1e:3e 8584146749 DEPR OGA PAGE @4/ag 4. on April 15, 2009, DBPR Investigators Gene Kelley and Tim McGrath performed routine inspections of House Call veterinarians practicing at Tampa Bay Downs Horse Track. 5. Investigators investigated Respondent's pickup truck, golf cart, and utility trailer. 6. Respondent did net have a brug Enforcement Agency controlled substance license and did not have a drug log. 7. Respondent was questioned by investigators regarding the location of his patient records. Respondent claimed that he had a post office box as his permanent residence and he kept his records, from years past, in a mini storage unit at 13150 West Highway 40, Ocala, FL. Investigators questioned Respondent on how a patient may obtain records and he shrugged his shoulders and said he was easy to find. 8. Rule 61G618-15.002(3), Florida Administrative Code, states that “[vleterinarians must furnish a permanent address at which they can be reached by clients in order that clients may obtain veterinary medical records.” 9. Section 474.214(1) (f), Florida Statutes, states the following shall constitute grounds for disciplinary action: “[v]iolating any provision of this chapter or chapter 455, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing, or CH\OGC\Professiona Boards\weterinary medicine\AC\2008\McDonaled, Robert 09-020057 (LG)AC. dos 2 8/20/2009 May 10 2010 15:55 gs/ag/2ale 1e:3e 8584146749 DEPR OGA PAGE @5/ag failing to comply with a lawfully issued subpoena of the department.” 10. Based on the foregoing, Respondent violated Section 474.214 (1) (£)+ Florida Statutes, when he failed to furnish a permanent address at which patients can reach him to obtain medical records as requixed by the Rules of the Board. Respondent is therefore subject 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 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 Respondent on probation, assessment of costs, corrective action and/or any other relief that the Board deems appropriate. GAOGC\Profersions BoardaWeterinary medici nol AC\ZGNN\MeDonald, Robert 09-020057 (L)(D\C.doc 3 B/20/2009 May 10 2010 15:55 gs/ag/2ale 1e:3e 8584146749 DEPR OGA PAGE 86/a9 Signed this 18° day of August, 2009, CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation ay: Elizabeth Fletcher Duffy ELIZABETH FLETCHER DUFFY Assistant General Counsel Florida Bar No. 9980404 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (850) 487-9648 Facsimile: (€50) 414-6749 PCP Date:August 12, 2008 PCP Members; Jones and Lewis EFD/jim GAOGC Professions Roards\vetcrinary madicine\ AC\2009\MeLonald, Robert 09-020057 CLIC. doe 4 a/2U/2009 May 10 2010 15:57 gs/ag/2ale 1e:3e 8584146749 DEPR OGA PAGE @7/ag NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to he represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there ig no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. G\OGC\Professions Bonrda\eterinary medicine AC\Z009\MaDonald, Robert 09-020057 (1 PNAC. doc 5 8/20/2009

Docket for Case No: 10-002483PL