Aug 20 2010 15:09 fug 20 2010 15:06 P.O5 Nai STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, 1 | I { i 1 | | CASE NO. 2007-1 | v. MIGUEL A. CORTES, D.C., RESPONDENT, ee / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigneid counsel files this “Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Miguel A. Cortes, D.C., and in support thereof alleges: 1, Petitioner is the state department charged with regulating the practice bf Chiropractic Medicine pursuant to Section 20.43, Florida Statutes: Chapter 456, Feri Statutes; and Chapter 460, Florida Statutes, 2, At all times material to this Complaint, Respondent was a a chiropractic physician within the state of of Florida, having been issued Iicense rumber cH === S01 fon or aOUr january a 1505. = 3. Respondent's address of record is 11320 Southwest 131 Sree, Ma Florida 33176. . | 4, At all times materials to the complaint, Respondent: supervised naa Aguilera and Alba Romeo, both of whom are certified chiropractic assistants (CEPAs), 2;\PSU\Allled Health\Joanna Danfels\Cortes-Miguel200715320\Cortes.a.c.aupervision, DOC . 4 Aug 20 2010 15:09 dug 20 2010 15:05 P. 06 5. From a period of approximately October 2006 until April 2007, Mavs Aguilera and Alba Romeo provided iontophoresis to patients using Pevamethasone ond Lidocaine, 6. _lontophoresis is @ non-invasive method of propelling high concentratibns Of a charged substance, normally medication or bioactive agents, transtiermally iby repulsive electromotive force using a small electrical charge applied to an ontophorge ic chamber containing a similarly charged active agent and its vehicle, oo rz Dexamehtasone and Lidocaine are legend drugs. 8. Use of legend drugs is outside of the scope of CCPAs, 9. Mavis Augilera and Alba Romeo billed the administration of ontaphorts ‘with Dexamethasone and Lidocaine in their capacity as CCPAs. | 10. Section 460.413(1)(ff), Florida Statutes (2006), subjects a chiropractic physician to discipline violating any provision of Chapter 456, 460, or: any rites promulgated there under, = : 1i. Rule 6482-18.006(1)(b), Florida Administrative Cote (FAC), rove that the following acts shall constitute grounds for which disciplinary action’ against la chiropractic physician Specified i in Section 460.413, Florida Statutes, may be taken: ® airig to “slipervise acer a certified” chiropractic: physician's essistant as as provided ih subsection 64B2-18.001(7), F.A.C. 12. Rule 64B2-18.001(7), FAC, provides that the term “espns Supervision” means the ability of the supervising physician to responsibly’ exercise contro! and provide direction over the services of the certified chiropractic physcan’ assistant or registered chiropractic assistant. In determining whether supetvision 1s 2:\PSU\Alied HaalthVoanna Daniels\Cortes-Miguel200715320\Cortes.a.c.supervision, BOC : : 4 Aug 20 2010 15:09 fug 20 2010 15:06 P.O7 we OM responsible, the following factors should be considered: (a) the complexity of the task, (b) the risk to the patient, (c) the background, training, and skill of the assistant, (d) - the adequacy of the direction in terms of Its form, (e) the setting in which the tasks are performed, (f) the availability of the supervising physician, (g) the necessity for immediate attention, and (h) the number of other persons that the supenvting physician must supervise. | 13, Rules 64B2-18.001(7) and 6482-18,006(1\(b), F.A.C., rent Pursuant to Chapter 456 or Chapter 460, 14, Respondent failed to provide responsible supervision when: he failed to prevent CCPAs under his supervision from providing patients with lnotopherss us ) legend drugs and billing such services in their capacity as CCPAs, | 15. Based on the foregoing, Respondent has violated Section 460. a13cixh, Florida Statutes (2006), through a violation of Rules 6482-18, mu): and cA, 18.006(1)(b), F.A.C, WHEREFORE, the Petitioner respectfully: requests that: the Board of Oroprace Medicine enter an order imposing One or more of the following penalties: ; ‘Permanent revocation or suspension of Respondent's license, restriction of practice, Impostion bt aa sic ae Tie; esuanice OF a “reprimand, “placement ‘OF. Probation, corrective action, refund of fees billed or collected, remedial education "and/or any other relief that the Board deems appropriate, J:\PSU\Allied Health\Joanna Daniels\Cortes-Miguel2007L5320\Cortes.a, c supervision. OOC i / : Aug 20 2010 15:09 fug 20 2010 15:06 P. 08 et, od snot (OT ay of ; \F I , 2009, Ana M. Viamonte Ros, M.D, MP. H. State Surgeon General rite Tobey Schultz Assistant General Counse! 4 DEPARTMENT OF HEALTH DOH Prosecution Services Unit | 4052 Bald Cypress Way, Bln C-65 : DATE -|-OF Tallahassee, FL 32399-3265 Ce Florida Bar # 0542131 (850) 245-4640 ext. 8176 pep: MAN 1D, 2A0"% (850) 245-4682 FAX Wo esovonloves J:\PSU\Allied HealthYoanna Dariels\Cortes-Miguel200715320\Cortes.a.c supervision, DOC Aug 20 2010) 15:10 Aug 20 2010 15:06 Respondent has the right to request a hearing to be Conducta accordance with Section 120.569 and. 120.57, Florida Statutes, to represented by counsel or other qualified representative, to present evi and argument, to cail and cross-examine witnesses and to have sub and subpoena duces tecum issued on his-or her behalf if a hearin "| requested, NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred | related to the investigation and prosecution of this fatter. Pursuant! to P.09 ’ Section 456.072(4), Florida Statutes, the Board shall assess costs related tp the investigation and prosecution of a disciplinary matter, which May incl attorney hours and costs, on the Respondent in addition to any ¢ discipline imposed. o J:\PSU\Allied Nealth\Joanna Danieis\Cortes-Miguel200715320\Cortes,a.¢ supervision. DOC

Docket for Case No: 10-008094PL