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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs FRANK C. PIERRE, M.D., 11-002027PL (2011)

Court: Division of Administrative Hearings, Florida Number: 11-002027PL Visitors: 17
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: FRANK C. PIERRE, M.D.
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Health
Locations: Miami, Florida
Filed: Apr. 21, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 21, 2011.

Latest Update: Aug. 24, 2011
11002027AFO


STATE OF FLORIDA BOARD OF'MEDICIN

Final Order No. DOH-I i-1938- 5 -MQA

1i-\$

FILED DATE - ·'.20f\

Department o Health

By \;ro.                 

Deputy Agency Clerk


DEPARTMENT OF HEALTH,



vs.

Petitioner,


ti

_ Hi


'/ •, tl'-"

t

1. \/

,"- DOH CASE NO.: 2009-14118 LICENSE NO.: ME0039504


FRANK C. PIERRE, M.D.,


Respondent.

                                                          !


FINAL ORDER


THIS CAUSE came before the BOARD OF MEDICINE (Board) pursuant to Sections 120.569 and 120.57(4), Florida Statutes, on August 5, 2011, in Jacksonville, Florida, for the purpose of considering a Settlement Agreement (attached hereto as Exhibit A) entered into between the parties in this cause. Upon consideration of the Settlement Agreement, the documents submitted in support thereof, the arguments of the parties, and being otherwise full advised in the premises, the Board rejected the Settlement Agreement and offered a Counter Settlement Agreement which was accepted on the record by the parties. The Counter Settlement Agreement incorporates the original Settlement Agreement with the following amendments:

  1. The costs set forth in Paragraph 3 of the Stipulated Disposition shall be set at $6,697.92.


  2. The requirement for community service set forth in Paragraph 7 of the Stipulated Disposition shall be deleted.

  3. The requirement for the continuing medical education (CME) in Paragraph 8 of the Stipulated Disposition shall be deleted.

  4. Respondent's license is permanently restricted as follows: Respondent is prohibited from engaging in telemedicine to treat citizens of the United States.

IT IS HEREBY ORDERED AND ADJUDGED that the Settlement Agreement as submitted be and is hereby approved and adopted in toto and incorporated by reference with the amendments set forth above. Accordingly, the parties shall adhere to and abide by all the terms and conditions of the Settlement Agreement as amended.

This Final Order shall take effect upon being filed with the Clerk of the Department of Health.


2011.

DONE AND ORDERED this /] ---

dayof                            


BOARD OF MEDICINE


Joy A.

For GEO


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to FRANK C. PIERRE, M.D., 10175 Collins Avenue, Suite 808, Bal Harbour, Florida 33154; to Anthony C. Vitale, Esquire, Law Center at Brickell Bay, 2333 Brickell Avenue, Suite A-1, Miami, Florida 33129; to Allen R. Grossman, Esquire, Grossman, Furlow & Bayo, LLC, 2022-2 Raymond Diehl Road, Tallahassee, Florida 32308; and by interoffice delivery to Veronica Donnelly, Department of

j

Health, 4052 Bald Cypress Way, Bin #C-65, Tallahassee, Florida 32399-3253 this  l'b day of o &R± / 2011.




Deputy Agency Clark


Docket for Case No: 11-002027PL
Issue Date Proceedings
Aug. 24, 2011 Settlement Agreement filed.
Aug. 24, 2011 (Agency) Final Order filed.
Jun. 21, 2011 Order Closing File. CASE CLOSED.
Jun. 20, 2011 Motion to Relinquish Jurisdiction filed.
May 19, 2011 Notice of Hearing by Video Teleconference (hearing set for July 27 and 28, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
May 19, 2011 Order of Pre-hearing Instructions.
May 06, 2011 Notice of Serving Petitioner's First Request for Production, First Request for Interrogatories and First Request for Admissions to Respondent filed.
May 05, 2011 Order Permitting Additional Interrogatories and Requests for Admissions.
May 04, 2011 Joint Response to Initial Order filed.
Apr. 29, 2011 Petitioner's Motion for an Extension to Respond to Initial Order filed.
Apr. 27, 2011 Motion to Serve Additional Interrogatories and Requests for Admissions filed.
Apr. 22, 2011 Initial Order.
Apr. 21, 2011 Notice of Appearance (filed by S. Hibbert).
Apr. 21, 2011 Election of Rights filed.
Apr. 21, 2011 Administrative Complaint filed.
Apr. 21, 2011 Agency referral filed.

Orders for Case No: 11-002027PL
Issue Date Document Summary
Aug. 17, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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