STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2011-11980 RONALD LYNCH, M_D., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine aeainat the Respondent, RONALD LYNCH, M.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes (2010-2011); Chapter 456, Florida Statutes (2010-2011); and Chapter 458, Florida Statutes (2010-2011). 2. At all times material to this Complaint, Respondent was a licensed physician within the State of Florida, having been issued license number ME 50990. 3. At all times material to this Complaint, Respondent was board certified in family practice by the American Board of Family Medicine and owned Filed February 15, 2012 1:27 PM Division of. Administrative Hearings and operated Integrative Medicine of Lake Mary, a registered pain management clinic within the State of Florida. Respondent’s address of record is 2500 West Lake Mary Boulevard, Suite 109, Lake Mary, Florida 32746. 4. In 2002, Dr. Lynch began working for the Kenaday Medical Clinic, Inc. (Kenaday), a medical practice with several clinics throughout Florida. KS, a Florida-registered pharmacist and the owner of Kenaday, also owned Ken Drugs, Inc. and the Kennedee Group, Inc. Two websites, medsviaweb.com and medsviaweb.net, were also registered to the Kennedee Group at the address of 1612 West Waters, Avenue, Tampa, Florida, which was the location of one of the Ken Drugs pharmacies. 5 KS hired Dr. Lynch to write prescriptions for the Kennedee Group and paid him $30 per telephone consultation, as long as Dr. Lynch authorized a prescription. KS paid Dr. Lynch nothing if he did not prescribe any medication. 6. From about June 2002, through about September 2004, Dr, Lynch wrote or otherwise authorized prescriptions for controlled substances for internet customers throughout the United States based upon the customers’ completion of online questionnaires and/or telephone consultations. While these customers were located throughout the United States, Dr. Lynch is only licensed to practice medicine in Florida and New York. 7. Dr. Lynch conducted about fifty consultations per week and primarily prescribed hydrocodone to customers. Dr. Lynch contacted the customers by accessing the Kennedee Group’s websites and conducted the consultations. He talked to the customers about their medical conditions and needs, whether they had been taking any medications and what medications they were seeking. Dr. Lynch allowed the Kennedee Group to use a rubber stamp with his Pere to complete prescription authorizations. 8. Hydroocone is an opioid and is prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2010-2011), hydrocodone is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of hydrocodone may lead to severe psychological or physical dependence. 9. In September 2002, the DEA received information that Ken Drugs was refilling prescriptions for hydrocodone that medsviaweb.com originally sent to another pharmacy. Subsequently, the DEA opened an investigation against KS, Ken Drugs, and the Kennedee Group. 10. Part of the DEA’s investigation consisted of seventeen undercover purchases by the DEA or other law enforcement through either the medsviaweb.com website or Ken Drugs of various medications including hydrocodone or Xanax. pt 11. Xanax is a brand of alprazolam (a benzodiazepine) and is prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes (2010-2011), alprazolam is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States. Abuse of alprazolam may lead to limited physical or psychological dependence relative to the substances in Schedule III. | 12. Investigators obtained the medications by completing online questionnaires with information such as names, addresses, credit card numbers, dates of birth and alleged medical conditions. A clerk from Ken Drugs called the investigators and connected them with one of five physicians employed by the Kennedee Group, including Dr. Lynch. The physician spoke to the investigators briefly over the telephone and then issued prescriptions for controlled substances. 13. In February 2004, an investigator using the fictitious name “Michael Patrick” (MP) accessed medsviaweb.com, registered as a patient, and provided biographical information, address, allergy information, and medical information. Because he lacked an undercover credit card, MP arranged with an employee of Ken Drugs to purchase a controlled substance using a postal money order. On or about February 6, 2004, MP sent a money order for $125 to Ken Drugs. 14. After a few days, someone from Ken Drugs called MP and said that a medical consultation would occur if MP sent a copy of his driver’s license and medien! records to Ken Drugs. MP did not send any medical records, but was connected with Dr. Lynch anyway. MP advised Dr. Lynch that he had back pain from an auto accident and requested extra-strength Vicodin. MP told Dr. Lynch that the back pain caused him sleeping problems and that it lasted for hours some days and just minutes on others. Dr. Lynch asked MP how many pills he thought he would need each day and MP told him two or three. Dr. Lynch prescribed hydrocodone/APAP for MP. At no time did Dr. Lynch perform a physical examination on MP, nor did he take a medical history or give him a treatment plan. On or about February 12, 2004, MP went to a Ken Drugs location and picked up #60 hydrocodone/APAP 10/500 mg, which Dr. Lynch prescribed to him. 15. On or about July 20, 2004, a Department investigator made an undercover purchase of hydrocodone through the website modernlifestylemeds.com. The investigator went to the website, registered as a customer, gave an undercover name of “Donald Huntley” (DH), a date of birth, an address, a telephone number and a medical complaint. 16. On or about July 29, 2004, DH filled out a medical history form and received and email confirming his name, date of birth, phone number and medical complaint. The following day, someone from “Modern Lifestyles” called DH and instructed him to send a copy of his driver’s license and his medical records. On a about August 1, 2004, DH faxed a copy of his undercover driver’s license, but no medical records. 17. On or about August 2, 2004, a staff member from “Modern Lifestyles” called DH and connected him to Dr. Lynch. Dr. Lynch asked DH his age and the cause of his pain. DH told Dr. Lynch that he was 60-years-old and that he had injured his back four-to-five years earlier while helping his son move furniture. Dr. Lynch asked DH what medications he was taking and whether he had liver damage. DH told him that he was currently taking Vicodin and Lortab and he did not have liver damage. Dr. Lynch asked DH for the name of the physician he was currently seeing and after three-to-five minutes, the conversation ended with Dr. Lynch prescribing Lortab with three refills to D.H.. On or about August 4, 2004, DH received a vial in the mail which contained #90 hydrocodone/APAP 10/500 mg and listed Dr. Lynch as the prescribing physician. 18. Vicodin contains hydrocodone and is prescribed to treat pain. According to Section 893.03(3), Florida Statutes (2010-2011), hydrocodone, in the dosages found in Vicodin, is a Schedule II controlled substance that has a potential for abuse less than the substances in Schedules I and II and has a currently accepted medical use in treatment in the United States. Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. 19. Lortab is the brand name for a drug that contains hydrocodone and is prescribed to treat pain. According to Section 893.03(3), Florida Statutes (2010- 2011), hydrocodone, in the dosages found in Lortab, is a Schedule ITI controlled substance that has a potential for abuse less than the substances in Schedules T and Il and has a currently accepted medical use in treatment in the United States. Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. 20. Onor about April 4, 2008, the Deputy Assistant Administrator for the DEA’s Office of Diversion Control issued an Order to Show Cause to Dr. Lynch, which proposed the revocation of his DEA registration, #BL6686541, and the -denial of any pending applications to renew or modify his registration. 21. On or about September 18, 2009, following a hearing, ‘a DEA Administrative Law Judge (ALJ) issued a recommended decision, in which she stated that Dr. Lynch misused his registration in the past and that he would likely do again so in the future. Therefore, the ALJ recommended that Dr. Lynch’s registration be revoked and that any pending applications be denied. 22. On or about December 3, 2010, the Deputy Administrator for the DEA issued an Order revoking Dr. Lynch’s DEA registration, effective January 18, 2011, and denying any application for renewal. 23. From the effective date of January 18, 2011, onward, Dr. Lynch was no longer legally permitted to prescribe controlled substances in the State of Florida. However, from January 18, 2011, through the date of this Order, Dr. Lynch has utilized the revoked DEA registration at least 83 times to prescribe controlled substances. These prescriptions consist of written prescriptions given directly to patients and telephonic or facsimile authorizations for prescriptions that Dr. Lynch provided directly to pharmacies. 24. From the effective date of January 18, 2011, to the date of this Order, patients have filled at least the following controlled substance prescriptions that Dr. Lynch wrote or authorized: twenty-eight prescriptions for Xanax; six prescriptions for clonazepam; five prescriptions for lorazepam; five prescriptions for hydrocodone; five prescriptions for diazepam; three prescriptions for androgel, four prescriptions for oxycodone; two prescriptions for temazepam; and two prescriptions for Panlor SS. 25. Clonazepam is sold under the brand-name Klonopin and is a benzodiazepine commonly prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes (2010-2011), clonazepam is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States. Abuse of clonazepam may lead to limited physical or psychological dependence relative to the substances in Schedule IIL. 26. Lorazepam is sold under the brand-name Ativan and is a benzodiazepine commonly prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes (2010-2011), lorazepam is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States. Abuse of lorazepam may lead to limited physical or psychological dependence relative to the substances in Schedule III. 27. . Diazepam, commonly known by the brand name Valium, is prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes (2010-2011), diazepam is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule [I and has a currently accepted medical use in treatment in the United States. Abuse of diazepam may lead to limited physical or psychological dependence relative to the substances in Schedule ITI. 28. Oxycodone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2010-2011), oxycodone is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of oxycodone may lead to severe psychological or physical dependence. Oxycodone is an opioid. Opiate, or opioid, drugs have similar actions as the drug opium and are typically prescribed to treat pain. Opioid drugs are synthetically manufactured, while opiate drugs are naturally occurring, but the terms opioid and opiate are often used interchangeably. Opioid drugs are addictive and subject to abuse. 29. AndroGel is a brand-name of a testosterone topical gel used to treat the symptoms of low testosterone in men who do not naturally produce enough testosterone. Testosterone is an anabolic steroid. According to Section 893.03(3), Florida Statutes (2010-2011), anabolic steroids are Schedule III controlled substances that have a low potential for abuse relative to the substances in Schedules I and II and have a currently accepted medical use in treatment in the United States. Abuse of anabolic steroids may lead to moderate or low physical dependence, high psychological dependence or physical damage. 30. Temazepam is sold under the brand-name Restoril and is prescribed to treat insomnia. According to Section 893.03(4), Florida Statutes (2010-2011), temazepam is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States. Abuse of temazepam may, lead to limited physical or psychological dependence relative to the substances in Schedule IIL. 31. Panlor SS is a brand-name for a medication containing dihydrocodeine, caffeine, and acetaminophen. According to Section 893.03(3), Florida Statutes (2010-2011), dihydrocodeine is a Schedule If controlled substance that has a potential for abuse less than the substances contained in Schedules I and If and has a currently accepted medical use in treatment in the United States. Abuse of dihydrocodeine may lead to moderate or low physical dependence or high psychological dependence. 32. Section 458.331(1)(v), Florida Statutes (2010-2011), subjects a licensee to discipline, including suspension, for practicing or offering to practice beyond the scope permitted by law or accepting and performing responsibilities which the licensee knows or has reason to know that he or she is not competent to perform. 33. Respondent practiced beyond the scope permitted by law by continuing to prescribe Schedule II through IV controlled substances after his DEA registration was revoked. 34. Based on the foregoing, Respondent violated Section 458,331(1)(v), Florida Statutes (2010-2011), by practicing beyond the scope permitted by law. WHEREFORE, the Petitioner respectfully requests that the Board of 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 administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. h SIGNED this _]2°* FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK SA pelea Stfo DATE: |Q- (3- 20 // JLF/ PCP: December 9, 2011 day of _ DeCember 2011. H. Frank Farmer, Jr., MD, PhD, FACP State Surgeon General Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 21640 (850) 245-4640 ext. 8141 (850) 245-4681 FAX PCP Members: Dr. Leon: Dr. Zachariah; Ms. Goersch DOH V. RONALD LYNCH, M.D. Case No. 2011-11980 DOH V. RONALD LYNCH, M.D. Case No. 2011-11980 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 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 subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. 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 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition any other discipline imposed.

Docket for Case No: 12-000623PL