are of Burivens midi Peotearionial Regulation AGENCY CLERK Evette L Proctor §/(26/2010 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2009-016575 ANDREW NEWMAN, 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, Andrew Newman, 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. 2s 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 4382, 3. Respondent's address of record is 164 NW 118 Drive, Coral Springs, FL 33071. G:\OGC\Professions Hoards\veterinary medicine\ACZOMANewman, Andrew 09-016575 (1 Xr) 1 BE/fER Fd FOO sda 6pé9oPTpags TS'86 aTlee/ST/sa ZI:tT otoz oT Bny 4. Christine Van Ingen (hereinafter, Ingen) alleged that Respondent gave expired Parvo vaccinations to her two tea cup Chihuahuas from Tyrone Morsello for $975 on February 21, 2009. 5. Ingen claimed the dogs became ill and took them to Respondent for examination where she alleges that Respondent diagnosed worms, but the dogs’ condition deteriorated further. 6. Ingen took the dogs to an emergency clinic, which diagnosed Parvo; the first dog died at approximately 2 am, but Ingen was able to bring the second deg to Respondent . Te According to Ingen, Respondent treated the second dag, but it died 4 days after. 8. Ingen stated that the dogs would have survived had Respondent accurately diagnosed the dogs and if the vaccinations had not been expired. 9, Ingen provided a Certificate of Veterinary Inspection for Intrastate Sale, which indicates the Canine Parvo vaccination as expiring on August 5, 2008 and the vaccination occurring on February 21, 2009 for the first examination. 10, The second examination indicated that the vaccination expired February 19, 2009 and the vaccination was conducted on February 21, 2009, 11. Respondent responded on May 18, 2003, stating that he initially performed a fecal float and saline smear which GAOGC\Profgssions Hoardy\vetorinary medicine\AC'20L0\Newman, Andrew 09-016575 (14) . 2 6a/Pa Fhd FOO sda 6pé9oPTpags TS'86 aTlee/ST/sa SLipl otoz at Bry indicated Giardia, which he treated. Symptoms persisted and he sent a fecal sample to the lah, which diagnosed Parvo. 12. Furthermore, Respondent believed the dogs, because of their small stature and the nature of fea cup dogs, were immunologically weakened. 13. Respondent alleged that the expired label for the vaccination was merely a record error and not proof of negligence, 14. Respondent stated that he orders 1000 doses of the vaccine every 7-10 days because of demand. 15. Respondent argued that this order volume indicated that he would have used vaccinations before they expired and that the only reason an expired label was used was because the technician who prepared the certificate used a label from an ampty, old vial that was saved for applying to health and travel certificates. 16. Respondent did admit to performing the physical examinations, lab tests, and issued a health or travel certificate for the dogs. 17. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through sixteen (16) as though set forth herein, 18. Section 474,214(1) (r), Florida Statutes, states: “Being guilty of incompetence or negligence by failing to G:\OGC Professions Boards\waterinnry medicing\ ACW2010\Newman, Andrew 094016575 (1)(r) 3 66/Se@ Fd FOO sda 6pé9oPTpags TS'86 aTlee/ST/sa Sl:tl otoz ot bny practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian 45 being acceptable under similar conditions and circumstances” is grounds for discipline. 19. Based upon the foregoing, Respondent violated Subsection 474.213(1) (r}, Florida Statutes, when he failed to accurately diagnose the dogs and provided expired vaccinations to the dogs, who subsequently died. 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 of 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. G:4OG0 \Prefewiona Roards\eterinary medicine \AC2010\Newman, Asdrow 09-016575 (1X1) 4 66/98 38d FOO sda 6pé9oPTpags TS'86 aTlee/ST/sa SLipl otoz at Bry Signed this 21°* day of May, 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation sy: Efzabeth Fletcher Duffy ELIZABETH FLETCHER DUFFY Assistant General Counsel Florida Bar No. 0980404 Department of Business and Professional Requlation office of the General Counsel 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (850) 487-8435 Facsimile: (850) 414-6749 PCP Found: April 21, 2010 PCP Found By: Jones and Lewis EFD/del GA\OGC\Professions BeardaWweterionry medicine\ACW010\Newman, Andrew 09016575 (1\(r) 5 6a/48 Fevd v0 Adad 6pe9pTpace TSi8a TAZ /oT/ea SLipl otoz at Bry NOTICE OF RIGHTS Respondent has the right to request a hearing to he conducted in accordance with Sections 120.569 and 120,57, Florida Statutes, to be xrepresented 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 is 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. GAOGC\Professions Boards\woterinnry medicins\AC\2010\Newman, Andrew 09-016575 (1})(r) 6 66/88 Fd FOO sda 6pé9oPTpags TS'86 aTlee/ST/sa Sl:tl otoz ot bny

Docket for Case No: 10-007589PL