FILED Uspartment of Business and Professional Regulation Deputy Agency Clerk CLERK Evette Lawson-Proctor Date 2/16/2011 Fite # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2009-035911 LISA CIUCCI, D.V.M., Respondent. ADMINISTRATIVE COMPLAINT The Department Of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Board of Veterinary Medicine against Lisa Ciucci, D.V.M., (Respondent), 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 10756. 3. Respondent's address of record is 8365 Belize Pl., Wellington, FL 33414. 4. Jeff Murphy (hereinafter, Murphy) took his cat, “Katrina,” to Respondent on November 14, 2009, for grooming. GAOGC\Professions Boards\veterinary medicine\AC\2010\Lawrence, Jerry 09-061183 (1)¢hh) 1 Filed August 17, 2011 9:43 AM Division of Administrative Hearings 5. Murphy recommended “light sedation” to facilitate grooming “Katrina.” 6. Respondent sedated with 05 cc Dexdomitor/.05 Ketamine/.05 Butorphanol IM for tranquilization. 7. Respondent repeated the same injection thirty (30) minutes after the initial injection. 8. “Katrina” was noted to have cyanotic mucous membranes, which were blue due to oxygen deprivation during the procedure. 9. According to her response, Respondent administered -lcc Antisedan IM (to counteract the sedation), intubated and assessed ECG and saturated 02 concentrations. 10. Respondent was unable to place a catheter. 11. According to her response, Respondent administered .8 ml Atropine IM, .5cc Epinephrine through an endotracheal tube, and 1.0 cc Dexamethasone all to treat an allergic reaction. 12. “Katrina” died, despite efforts to resuscitate. 13. Respondent submitted medical records which are written in both past and present tenses. 14. Respondent submitted medical records which note that “Katrina” had a heart rate of 220 beats/minute. 15. Respondent did not record the concentration of the epinephrine in the medical records. G:A\OGC\Professions Boards\veterinary medicine\AC\2010\Lawrence, Jerry 09-061183 (1)(hh) 2 16. The dosage of atropine sulfate is .02-.04 mg/kg Iv, IM, or SC, which for a twenty-nine (29) pound cat calculates to -02 cc/ml to .04cc/ml1. 17. According to the medical records submitted by Respondent, Respondent administered .8 ml atropine IM. 18. Respondent stated that “‘Katrina’ is morbidly obese for her body size.” There is nothing in the medical records submitted to support this statement. COUNT I 19. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eighteen (18) as though fully set forth herein. 20. Section 474,214(1)(r), Florida Statutes (2009), states: “[b]eing guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances” is grounds for disciplinary action. 21. Based upon the facts set forth above, Respondent violated Subsection 474.214(1)(r), Florida Statutes (2009), in on or more of the following ways: a. Overdosed Atropine sulfate to “Katrina.” b. Failed to address “Katrina’s” heart rate of 220 beats/minute. GAOGC\Professions Boards\veterinary medicine\AC\2010\Lawrence, Jerry 09-061183 (1)(hh) 3 22. Based on the foregoing, Respondent violated Subsection 474.214(1)(r), Florida Statutes (2009), when Respondent failed to address the pathologic heart rate of 220 beats/minute or properly dose the atropine sulfate. COUNT IT 23. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eighteen (18) as though fully set forth herein. 24. Section 474.214(1) (mm), Plorida Statutes (2009), states: “(flailing to maintain accurate records or reports as required by this chapter or by federal or state laws or rules pertaining to the storing, labeling, selling, dispensing, prescribing, and administering of controlled substances” is grounds for disciplinary action. 25. Based upon the facts set forth above, Respondent violated Subsection 474.214(1) (mm), Florida Statutes (2009), by failing to record the concentration of epinephrine in the medical records. 26. Based on the foregoing, Respondent violated Subsection 474,214(1) (mm), Florida Statutes (2009), when Respondent failed to record the concentration of the epinephrine in the medical records. G:AOGC\Professions Boards\veterinary medicine\AC\2010\Lawrence, Jerry 09-061183 (1)(hh) 4 COUNT III 27. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eighteen (18) as though fully set forth herein. 28. Section 474.214(1) (ee), Florida Statutes (2009), states: “(flailing to keep contemporaneously written medical records as required by rule of the board” is grounds for discipline. 29. Based upon the facts set forth above, Respondent violated Subsection 474.214(1) (ee), Florida Statutes (2009), in on or more of the following ways: a. Alternated tenses in the medical records b, Failed to record anything in the medical records to support Respondent’s statement that “Katrina” was morbidly obese. 30. Based upon the foregoing, Respondent violated Subsection 474,214 (1) (ee), Florida Statutes (2009), when Respondent failed to properly maintain tenses in the medical record or notations to support her statement that “Katrina” was morbidly obese in the medical record. 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 Respondent’s license, restriction of practice, imposition of an G:\OGC\Professions Boards\veterinary medicine\AC\20 10\Lawrence, Jerry 09-061183 (1)(hh) 5 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 15*° day of February, 2011. CHARLIE LIEM, Secretary Department of Business and Professional Regulation By: &lizabeth 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 PC Found: January 26, 2011 PC Found By: K. Jones and C. Lewis EFD/del GAOGC\Professions Boards\veterinary medicine\AC\2010\Lawrence, Jerry 09-061183 (1)(hh) 6 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted 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 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\veterinary medicine\AC\20 10\Lawrence, Jerry 09-061183 (1)¢hh) 7

Docket for Case No: 11-004163PL