Freie) Capartment of Burivess anc #rofegrional dagulation Deputy Agensy Clerk CLERK Brandon Nichols Bate 4/25/2010 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2009-037565 ARTHUR W. MALERNER, 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, Arthur W. Malernee, 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 1820. 3. Respondent's address of record is 1950 West Atlantic Avenue, Delray Beach, FL 33444. 4. On January 15, 2009, the Florida Board of Veterinary Medicine sent Respondent 4 continuing education audit. GACGC\Frofissions Bourds\wetorinury medicna\AC\2Q'\Malernes, Arthur 9-037565 (LX LL} AC. dor 1 1/20/2010 Ba/SA Fad YOO sddd 6pé9oPTpags {P3388 GTee/ST B0:?T oToz at Bry oe 5. Respondent failed to respond to the continuing education audit provided by the Florida Board of Veterinary Medicine. 6. Respondent does not have the required continuing education hours for the 2006-2008 renewal period. vm Rule 61G618-16.002(2), Florida Administrative Code, states that: “[llicensed veterinarians shall complete a minimum of thirty (30) hours of continuing professional education in veterinary medicine every biennium, two of which shall be in the area of dispensing legend drugs.” 8. Section 474.214(1) (GL), Florida Statutes, states “[flailing to respond within 60 days after receipt of a request to provide satisfactory proof of having participated in approved continuing education programs” constitutes grounds for disciplinary action. 9. Based on the foregoing, Respondent violated Section 474.214(1) (LL), Florida Statutes, when he failed to respond to provide satisfactory proof of having participated in approved continuing education programs within 60 days. 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 GAQGC\Profiiuions Boacda weterinary madicine\AC2000\Matemes, Arthur 09-037365 CUXLL)AC. doe 2 Lf20/2010 Ba/98 Fpvd YOO sddd Bp.9b TPaSs épisa glaz i 60:tT otoz oT Bny eee 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 14°° day of January, 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation py: Efzabeth Fletcher Duffy 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) 487-8435 Facsimile: (850) 414-6749 PCP Date: January 13, 2010 PCP Members: Jones & Lewis EFD/jim GAOGC\Profiasions Bowrda\wetarinary madicing\ ACWZ000\Mulemen, Arthur 09-037565 (1)(LL\AC.doc 4720/2010 Se/48 Fad FOO sda Ol:t— otoz oT Bny Bp29P Tress {poe Tae /ST/oe NOTICE OF RIGHTS Respondent has the right to request a hearing to be eonducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be 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 4 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. GA0GC\Profigaions Boards\veterinury madicing\AC\2009\Malemee, Arthur 09-03 7565 (TLL AC.doc 4 1/20/2010 a0/8G Jove 790 xdaC BPeapTpass == APiBa AT Ol:t— otoz oT Bny Mes

Docket for Case No: 10-007590PL