STATE OF FLORIDA ‘DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ‘Petitioner, v, , DOH CASE NO.: 2008-02311 CHRISTOPHER CONAVAY, M.D., : Respondent. ; ADMINISTRATIVE COMPLAIN COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Christopher Conavay, 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. J:\PSU\Medical\Robert Milne\Cases\CONAVAY 2008-0231 1\Gonovay AC 458 331(1)(t)(nm) (m) (Q) (F) FINAL.doc 1 90d éliel OlOe &b if 02:27 Ode ST Inc a ON 2. At all times material to this Complaint, Respondent was a licensed physician within the State of Florida, having been issued license number bi 42102. “3, _ Respondent's address of record is 2304, Aloma Avenue, Suite 201, Winter Park, Florida 33076. v4, On January 3, 2007, Respondent diagnosed Patient C.P, a thirty three year-old female with fibromyalgia and coccyxdynia (pain in the region of the coccyx), stemming from an old displaced coccyxgeal fracture. / 5, , Respondent's diagnosis of fibromyalgia and coccyxdynia assumed the truth and accuracy of Patient C.P’s verbal history without verifying her prior history of an old displaced coccygeal fracture which had supposedty been diagnosed by her previous treating physicians. / 6 Qn January 3, 2007, in support of the verbal patient history that she related to Respondent, Patient C.P. provided Respondent with copies of opoid prescriptions from her prior treating physicians, which had been filled by CVS pharmacy, 7, ‘on January 3, 2007, Respondent's diagnosis was without the benefit of Patient C.P’s prior medical records from Doctors M.J. and J.D. 8. Respondent's January 3, 2007, medical notes fail to show: J:APSU\Medicaf\Robert Milne\Cases\CONAVAY 2008-02311\Conovay AC 458 331(1)(t)(nn) (m) (Q) (PF) FINAL. doc 2 90 ‘d éltel Oboe &b if 02:27 Ode ST Inc a) A ‘physical examination of Patient C.P.; | b) Achistory: of present illness; : ¢) A listing of clinical impressions; d) A presence or absence of a personal or familial substance abuse history; e) An appropriate treatment plan; : f) Diagnostic studies. 9. on January 3, 2007, Respondent prescribed for Patient C.P 160 tablets of oxycadone 15 mg to be taken every 4 hours or as needed for breakthrough pain together with 60 OxyContin 80 mg tablets to be taken twice daily 10. Oxy¢odone and OxyContin (oxycodone with a time release coating designed to deliver analgesia over a 12 hour period) are powerful opioid analgesic Schedule II narcotic legend drugs controlled pursuant to Chapter 893, Florida Statute. They have a high potential for abuse and have a currently accepted but severely restricted medical use in treatment in the United States, Abuse of these substances may lead to severe psychological or!physical dependence. 2.\PSUMedical\Robert Milne\Cases\CONAVAY 2008-02311 \Conovay AC 458 331(1)(t)(nn) (im) (0) (f) FINAL.doc 3 é0‘d . éltel Oboe &b if Oe@:2T ode eT [nr 11. On January 3, 2007, Respondent gave Patient C.P. 50 sample Fentanyl patches, 12, A Fentanyl patch is a transdermal delivery system for a high concentration of potent Schedule Il narcotic legend drugs controlled pursuant t Chapter 893, Florida Statute. Fentanyl is:an opioid agonist, which includes fentanyl, hydromorphone, methadone, morphine, oxycodone, and oxymorphone. It has a high potential for abuse and associated isk a fatal overdose due to respiratory depression. 13. Respondent prescribed these controlled substances in. very high dosages to Patient C.P. despite the fact that he had never met her before and Respondent did so without: a) Reviewing her prior medical records and ‘checking with her previous Physicians whether her treatment was terminated for substance abuse/diversion; b) Ordering urine toxicology for illicit drug use/ diversion of opioids; c) Listing pertinent positives from Patient C.P’s physical examination as they pertained to the affected: areas of her hips, knees, lumbar and cervical spine; 1:\PSU\Medical\Robert Milne\Cases\CONAVAY 2008-0231 1\Conovay AC 458 331(1)(t)(nn) (m) (Q) (f) FINAL.doe ‘4 Bod éliel OlOe &b if Oe@:2T ode eT [nr 4) Annotating the range of motion, crepitus, tenderness, effusion erythema, nodules or stability; D Documenting in his diagnosis of fibromyalgia at least eleven ‘out of eighteen tender points as recommended by the American Collége of Rheumatology; : q) Ordering radiographs of the affected joints. 14, on or about January 3, 2007, May 14, 2007, June 11, 2007, and June 26, 2007, Respondent issued prescriptions to Patient C.P, for 160 tablets of oxycodone 15 mg to be taken every 4 hours or as needed for breakthrough pain together with 60 OxyContin 80 mg tablets to be taken twice daily, On January 3, 2007, in addition to the foregoing, Respondent gave C.P. a box of 50 Fentanyl patches. 15, : On or near the dates listed in paragraph fourteen above, Respondent prescribed oxycodone and OxyContin to C, P, in the quantities and dosages described therein, without conducting or documenting one or more of the following: complete medical histories or physical examinations, the nature and intensity of the patient’s pain, current and past treatments for pain, underlying or coexisting diseases or conditions, the effect of the pain on physical and psychological function, history of substance abuse, J:\PSU\Medical\Robert Milne\Cases\CONAVAY 2008-0231 1\Conovay AC 458 331(1)(t)(nn) (rm) (Q) (f) FINAL.doc § 60d Bleél OlOe 6b ir Oe@:2T ode eT [nr the presence of one or more recognized ‘medical indications for the use of a controlled substance and without documenting written treatment plans that state objectives that will be used to determine treatment success or indicate if any’ further diagnostic evaluations or other treatments are planned, ! 16. ‘on January 3, 2007, Respondent diagnosed Patient C.P. with psoriasis, 2 skin condition forming thick silvery scales and itchy, dry, red patches that aré sometimes painful. Respondent’s medical notes of that date fail to show the: presence or absence as well ‘as the location of psoriatic lesions or pitting of the nails which is a classic finding of this condition, : 17, On January 3, 2007, Respondent diagnosed Patient C.P. with psoriatic arthritis which is a systemic connective tissue disease, but Respondent's medical notes of that date did not rule out other systemic connective tissue diseases and Respondent failed to order laboratory studies including, but not limited to: a) Rheumatoid factor; b) Antinuclear bodies; c) Erythrocyte sedimentation rate; JAPSU\Medical\Robert Milne\Cases\CONAVAY 2008-0231 1\Conavay AC 458 331(1)(t)(nm) (m) (Q) (F) FINAL.doc 6 Ol‘d Ted Oloe 6b ir Tée:2T Ode ST 7c | d) Complete blood count; | e) Serum electrolytes; _f) Liver function tests; | g) Urinalysis. 18. | On January 3, 2007, Respondent prescribed Methotrexate for the treatment of Patient C.P’s psoriatic arthritis without documenting the fact that Patient CP had that disorder. Methotrexate is a toxic antimetabote that acts as a folic acid antagonist to interfere with cellular reproduction and is used in the treatment of psoriasis, certain cancers, and certain inflammatory diseases such as rheumatoid arthritis. 19. | Despite diagnosing psoriatic arthritis Respondent failed to refer Patient ce, to a rheumatologist for a comprehensive evaluation. 20. : Respondent failed to order periodic laboratory testing to monitor Patient C.P’s liver and kidney function for serious adverse side affects associated with, Methotrexate treatment. 21. | On May 14, 2007, Respondent prescribed Patient C.P. Xanax 2mg to be taken at bedtime. 22. Xanax (Alprazolam) i is a Schedule IV legend drug controlled pursuant to Chapter 893, Florida Statute. It is used as an anti-anxiety J:\PSU\Medical\Robert Milne\Cases\CONAVAY 2008-02311 \Conovay AC 458 331(1)(t)(nn) (m) (Q) {f) FINAL.dos 7 Lk *d . Bleél OlOe 6b ir Tée:2T Ode ST 7c i po | agent, has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to limited physical or psychological dependence. 23. : Respondent's medical notes of May 14, 2007, make no mention of a physical examination of Patient C.P, 24, On June 11, 2007, Respondent increased Patient C.P’s dosage of Xanax 2 mg to four times a day. His medical notes’ of that date fail to reflect CPs functional status or a physical examination, but reflect the fact that Respondent has made the diagnosis of addiction. The medical notes do not indicate the substance or substances in question. 25, | On June 11, 2007, Respondent increased C.P’s dosage of Xanax to four times a day, even though the addictive potential of this short acting benzodiazepine increased the risk of a fatal overdose in ‘conjunction with the high dosage opioid regimen she was already receiving. 26, On diagnosing Patient C.P. with addiction on June 11, 2007, Respondent failed to refer her to a substance abuse treatment center. Not only did Respondent fail to do so, he continued to issue prescriptions for © oxycodone/OxyContin and Xanax in June and July, 2007, 1:\PSU\Medical\Robert Mina\Cases\CONAVAY 2008-0231 1\Conovay AC 458 331(1)(t)(nn) (mm) (Q) (F) FINAL. doc 8 Zld Bleél OlOe 6b ir Tée:2T Ode ST 7c aa | ! 27, Patient C.P. expired on August 2, 2007, from myxoid heart disease. Other significant findings from Patient C.P’s autopsy of August 3, 2007, reflected a finding of chronic drug abuse. : | Count One 28. : Petitioner reincorporates and realleges paragraphs one through twenty-seven as if fully set forth herein. . 29, ‘Section 458.331(1)(nn), Florida Statutes (2007), provides that violating any provision of Chapters 456 or 458, Florida Statutes (2007), or any rules adopted pursuant thereto, is grounds for discipline by the Board of Medicine. | 30. ! Rule 64B8-9.013(3), Florida Administrative Code (2007), provides as follows: , The Board has adopted the following standards for the use of controlled substances for pain control: : (a) Evaluation of the Patient. A complete medical history and physical examination must be conducted and documented in the medical record. The medical record should document the nature and intensity of the pain, current and past treatments . for pain, junderlying or coexisting diseases or conditions, the effect of fre pain on physical and psychological function, and history of substance abuse. The medical record also should document the presence of one or more recognized medical: indications for the use of a controlled substance. | : . | J:\PSU\Medical\Robert Milne\Cases\CONAVAY 2008-02311\Conovay AC 458 331(1)(t)(nn) (m) (Q) (f) FINAL.doe 9 Bld . Glee Ole 6b IP Tée:2T Ode ST 7c (b) Treatment Plan. The written treatment plan should state objectives. that will be used to determine treatment success, such as pain relief and improved physical and psychosocial function, -and should indicate if any further diagnostic evaluations or other treatments are planned. After treatment begins, the physician should adjust drug therapy to the Patient medical needs of each patient. Other treatment modalities or a rehabilitation program may be necessary depending on. the _ etiology of the pain and the extent to which the pain is associated with physical and psychosocial impairment. 31. On or near the dates listed in paragraph fourteen, above, Respondent viglated Rule 64B8-9.013(3), Florida Administrative Code (2007), by prescribing oxycodone, OxyContin and by giving Patient C.P. a box of 50 Fentanyl patches in the quantities described therein, without conducting Or documenting complete medical histories or physical examinations on Patient C.P. and without documenting one or more of the following: the nature and intensity of the patients’ pain, current and past treatments for pain, underlying or coexisting diseases or conditions, the effect of the pain on physical and psychological function or history of ! \ substance abuse, the: presence of one or more recognized medical indications for the use of a controlled substance and without documenting | . . written treatment plans that state objectives that will-be used to determine J:\PSU\Medical\Robert Milne\Cases\CONAVAY 2008-02311\Conovay AC 458 331(1)t)(nn) (m) (Q) (F) FINAL.doc 10 tl od Glee Ole 6b IP ee:e. Of0e &T [nc treatment success or indicate if any further diagnostic evaluations or other treatments are:planned. 32. : Based on: the foregoing, Respondent has violated Section 458. 331(1)(on, Florida Statutes (2007), by violating Rule 64B8-9.013(3), Florida Adminitrative Code (2007). | | Count Two 33. | Petitioner reincorporates and realleges paragraphs one through twenty seven as if fully set forth herein. 34. ~ Chapter 64B8-9.013(3), Florida Administrative Code (2007), as more patcualy set: forth in paragraph 30 herein ‘of is adopted and realleged. . 35. Section 458,331(1)(t), Florida Statutes (2007), provides that committing medical malpractice constitutes grounds for disciplinary action by the Board of Medicine. Medical Malpractice is defined in Section 456. 50, Florida Statutes (2007), as the failure to practice medicine in accordance with the level af care, skill, and treatment recognized in general law related to health care. Jicensure, For purposes of Section 458. 331(1)(t), Florida Statutes 2007, the. Board shall give great weight to the provisions of Section 766 102, Florida Statutes (2007), which provide that the prevailing J:\PSU\Medical\Robert Milhe\Cases\CONAVAY 2008-02311\Conovay AC 458 331(1)(t)(nn) (m) (Q):(f) FINAL.doc YU Gl ‘d Glee Ole 6b IP ee:e. Of0e &T [nc oe i Do i 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, ig recognized as acceptable and appropriate by reasonably prudent similar health care providers. 36. On ar near one or more of the -dates listed in paragraph fourteen, above, Respondent failed to practice with the 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 by violating Rule 64B8-9.013(3), Florida Administrative Code (2007), in one or more of the following ways: by prescribing oxycodone, OxyContin to Patient C.P. in the quantities described herein, and by giving C.P. a box of 50 Fentanyl patches without conducting or documenting complete medical histories or physical examinations on. Patient C. P. and without documenting o one or more of the fotlowing: the nature and intensity of the patient’s pain, current and past treatments for pain, underlying or coexisting diseases or conditions, the effect of the pain on. physical and psychological function or history of substance abuse, the: presence of one or more recognized medical | 7 . indications for the use of a controlled substance and without documenting J:\PSU\Medical\Robert Milne\Cases\CONAVAY 2008-0231 1\Conovay AC 458 331¢1)¢t)(nn) (mn) (Q) (F) FINAL.doc 12 gL ‘d ozizl olog gt ine ee:e. Of0e &T [nc written treatment plans that state objectives that will be used to determine treatment success or indicate if any further diagnostic evaluations or other treatments are planned. ” 37, ! Respondent failed to practice medicine with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions. and circumstances by failing to establish a reasonable doctor-patient relationship with Patient C.P. prior to prescribing the amounts of oxycodone and OxyContin and by ‘giving Patient CP, a box of 50 Fentanyl patches on the dates alleged herein. | | 38. , Respondent failed to practice medicine with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions! and circumstances when diagnosing Patient CP, with psoriasis on January 3, 2007, in one or more of the follewing ways! a) By failing to show in Respondent's medical notes of that date the presence or absence as well as the location of psoriatic lesions or pitting of the nails which is a classic finding of this condition; 7:\PSU\Medieal\Robert Milné\Cases\CONAVAY 2008-02311\Conovay AC 458 331(1)(t)(nn) {m) (Q) (f} FINAL.doc 13 él‘d . Qetel Ole 6b ir Sere. Ode eT [nc ee i | b) By fang to order periodic laboratory tests to monitor Patient — C. Pe S kidney and liver functions while treating Patient C. P. with Methotrexate in order to guard against khown adverse side effects associated with such treatment. 39, | Respondent failed to practice medicine wit that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances when diagnosing Patient C.P. with psoriatic arthritis in one or more of the following ways: | a) ) by failing to rule out other “systemic connective tissue disease in his medical notes; . | 6) By failing to order laboratory studies for: ) Rheumatoid factor i Antinuclear bodies i Erythrocyte sedimentation rate | iv) Complete blood count v) Serum electrolytes vi) Liver function tests Vil) Urinalysis 1:\PSU\Medical\Robert Milnie\Cages\CONAVAY 2008-0231 1\Conovay AC 458 331{1)(t}(nin) (rm) (2) (f) PINAL.doc i4 ald = sO2FZL OlOz SL Ine Sere. Ode eT [nc | ¢) By failing to refer Patient C.P. to a rheumatologist for a comprehensive evaluation. 40, Respondent failed to practice medicine with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances by failing t mention a physical examination of Patient C.P. in his medical notes of May 14, 2007, when prescribing Xanax 2mg for Patient C.P. 41. Respondent failed to practice medicine with that level of care, skill and rear which is recognized by a reasonably prudent similar . physician 2s being acceptable under similar conditions’ and circumstances on June 11, 2007, when diagnosing Patient C.P with addiction by failing to refer Patient CR to a substance abuse treatment center. 42. “Respondent failed to practice medicine with’ that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances _ when, having diagnosed C.P. with addiction on June 11, 2007, Respondent increased Patent C.P’s dosage of Xanax 2mg to four times a day despite the adcictve potenti of a short acting benzodiazepine: increased the risk | E . J\PSU\Mecical\Robert MilnelCases\CONAVAY 2008-023111\Conovay AC 458 331(1)(t}(nn) (m) (Q) (F) FINAL.doc 15 Bld . Qetel Ole 6b ir Sere. Ode eT [nc of a fatal overdose in conjunction with the high dosage opioid regimen she was already receiving. 43. "Respondent failed to practice medicine with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances by prescribing the opioid regime of oxycodone and OxyContin. 44. Respondent failed to practice medicine with that level of care, Skill. and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances when ciagnosing Patient C.P. with fibromyalgia by failing to note in his medical records one or more of the following: a) The range of motion, crepitus, tenderness, effusion | erythema, nodules or stability; | | b) at least eleven out of eighteen tender points as | recommended by the American College of Rheumatology; | c) An order for radiographs of the affected joints; : d) A listing of pertinent positives from Patient C.P’s physical : examination as they pertained to the affected areas of her hips, | it _ knees, lumbar and cervical spine. 3:\PSU\Medical\Robert Milne\Cases\CONAVAY 2008-02311\Conovay AC 458 331(1)(t)(nin) (mm) (Q) (F) FINAL.doc 16 oz'd sd BL aLOZ Ek Ine S2:Z1 oloz ¢T inc 45. | Based on the foregoing, Respondent has violated Section 458,331(1)(t), Florida Statutes (2007). , | Count Three 46, | Petitioner reincorporates and realleges paragraphs one through twenty seven as if fully set forth herein. | 47, : Section 458.331(1)(m), Florida Statutes (2007), provides that failing to ket legible | medical records justifying 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 is grounds for ascii by the Board of Medicine. On or near the dates listed in paragraphs fourteen, twenty- three and ‘twenty-four above, Respondent failed to keep legible medical records justying the: course of treatment of Patient C.P. by falling ta document. one or more of the following: a: ‘complete medical history ora physical examination ‘of Patient C.P.; the nature and intensity of the patient's pain; current. and past treatments for pain; underlying or coexisting diseases or conditions; the effect of the pain on physical and psychological fynction; history of substance abuse; the ‘presence of one or ; J:\PSU\Meciicat Robert Milne\Cases\CONAVAY 2008-02311 \Conovay AC 458 331(1)(t)(nn) (m) (Q) {f) FINAL.doc 17 lévd letel Olde eb ifr Fe:eT Ode ¢T [nc more recognized medical indications for the use of a controlled substance or written treatment plans that state objectives that will be used to. determine. treatment success or indicate if any ‘further diagnostic evaluations or ther treatments are planned. : ‘49. Based on the foregoing, Respondent has violated Section 458.331(1(m), Florida Statutes (2007). | Count Four 50. Peutoner reinicorporates and realleges Paragraphs one through twenty- seven ard thirty as if fully set forth herein. 51. ‘Section 458. 331(1)(q), Florida Statutes (2007, provides as follows: prescribing, dispensing, administering, mixing, or otherwise preparing a legénd drug, including any controlled substance, other than in the course of the physicians professional practice is grounds for discipline by the Board of Medicine. For purposes of this paragraph, it shall be legally presume that: prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in thé best interest of the patient and is not in the course of the physician’s _ - aL _ professional practice, without regard to his intent. 4 JPSU Medical Robert Milne\Cases\CONAVAY 2008-02311 \Conevay AG 458 331(1)(t)(nin) (m) (Q) (A) FINAL.doc 18 aed letel Olde eb ifr Pe:2T Olde ST Inc 52, | On’ or near one or more of the dates listed in paragraph fourteen, above, Respondent prescribed oxycodone and Oxycontin: and gave Patient c P. Fentanyl patches in the quantities listed therein inappropriately or in excessive or inappropriate quantities and outside the course of ‘his professional practice by doing so in one or more of the following ways: (a) | ‘By prescribing these controlled substances inappropriately and in excessive amounts; (b) | | By prescribing these controlled substances inappropriately and in excessive amounts in violation of rule: 64B8- 9.013, Florida Administrative Code. | 53, Bas on the foregoing, Respondent has violated Section 458, 331(4)6), Florida Statutes (2007). ! Count Five 54, mesh reincorporates and realleges paragraphs one through twenty- seven asf fully set forth herein. 55. Section 456. 072(1)(FF), Florida Statutes (2007), provides that the following is grounds for discipline by the Board-of Medicine: J:\PSU\Medical\Robert Milne\Cases\CONAVAY 2008-0231.1\Conovay AC 458 331(1}{t)(nn) (m) (Q) (A) FINAL. doc 19 86 “d letel Olde eb ifr Fe:eT Ode ¢T [nc Engaging ina pattern of practice when Prescribing medicinal drugs or controle substances which demonstrates a lack of reasonable skill or safety to patients, a violation of any provision of this chapter a violation of the applicable practice act, or a violation of any rules adopted pursuant to this chapter ot the applicable practice act of the prescribing practitioner. Nobwithstendng Section 456.073(13), the department may initiate an investigation and establish such a4 pattern from billing records, data, or any other information obtained by the department. 56. Between the dates listed in paragraphs fourteen, twenty-one and twenty- four above, Respondent engaged in a pattern of practice when prescribing medicinal drugs or controlled substances to the Patient C.P. herein that demonstrated one or more of the following: a lack of reasonable si or safety to patients, a violation of any provision of | chapters 456 o 458, Florida Statues (2007), or any rules adopted pursuant thereto, by issuing the prescriptions listed in paragraph fourteen above: (a) : “Without conducting or documenting complete medical history of physical examination on Patients C.P., and without docuenig one or more of the following: the nature and intensity f the patient's pain; current and past treatments for I \esuiMedealRober Mind\cases\coNAvay 2008-0231 1\Conovay AC 458 334(1)(t)(nn) {m)} (Q) (A) FINAL.doc 20 po"d «BEETLE OLOZ EL Ine PZiZL OOZ ¢T Inc pain; underiying or coexisting diseases or conditions; the effect of the pain on physical and psychological function or history of substance abuse; the presence of one or more recognized medical incications for the use of a controlled substance; and without documenting written treatment - plans that state objectives that will be used to determine treatment success Or indicate if any further diagnostic evaluations or other - treatments are planned; (b) “Without keeping legible medical records that justify the course of treatment of Patient C.P., by failing to document one or more of the following: complete medical history or physical examinations on’ Patient C.P.; the nature and intensity of the patient's pain; current and past treatments for pain; underlying or coexisting diseases or conditions; the effect of the pain on physica and psychological function; history of substance abuse; the Presence of one or more recognized medical indications for the “ise of a controlled substance; or written treatment plans that state objectives that will be used to determine treatment 2:\PSU\Medicsi\Robert Milne\Cases\Conavay 2008-0231 1\Conovay AC 458 331(1)(t)(nn) (m) (Q) (fF) FINAL.doc gt‘d = 224ZL LOZ GL inp GZ:Z1 OlOzZ ¢T imc 21 success OF indicate if any further diagnostic evaluations or other treatments are planned, 57. Based on the foregoing, Respondent has violated Section 456.072( iN, Florida Statutes (2007). WHEREFORE, the Petitioner respectfully requests that the Board of Medlin 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 iprobation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board : deems appropriate, J:\PSU\Medical\Robert Milne\Cases\CONAVAY. 2008-02311\Conovay AC 458 331(1)(t\(nn) (m) (Q) (F} FINAL,doc qZ"d zeiZk Olue BL Ine Gz:ZL Ol0Z ¢T Inc =a —— Se ai day of ALORS , 2008. Assistant General Counsel Florida Bar # 622338 DOH Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 (850), 245-4640 Office (850) 245-4681 Facsimile PCP Members: i Leon, Rosenberg PCP: October 1¢ ), 2008 | i ; i | | Christopher Conavay, M. id Case No. 2008-02311 \ - , i :\PSU\Medical\Robert Milne \Cases\CONAVAY 2008-0231 1\Conovay AC 458 331(1)(t)(nn) (rm) (Q) (A FINAL. doc fo‘d . 2etZL Oloe 6b ir Se:2T Ode ¢T [nc } Christopher Conavay, M.D., Case No. 2008-02311 i i ' | NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in| accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and | witnesses and to have subpoena and subpoena - cross-examin duces tecum issued:on his or her behalf if a hearing is requested. _ NOTICE REGARDING ASSESSMENT OF COSTS i \ Thy Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter, Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs telated to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. | 1 i ! j | i i H | : | ' * i 4 : JAPSU\Medical\Robert Milne\Gases\CONAVAY 2008-02311 \Conovay AC 458 331(1)(t)(nm) (m) (Q) (A) FINAL.doc 24 . i i t 82d Bete OlOe 6b if Sé:2T Ode ST Inc

Docket for Case No: 10-005304PL