Ae Bl ce STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2010-22219 DAVID MITCHELL KENTON, 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 against Respondent, David Mitchell Kenton, M.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of physicians pursuant to Section 20.43, Florida Statutes, Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed medical doctor within the State of Florida, having been issued license number ME 37023. Filed February 22, 2012 10:44 AM Division of Administrative Hearings 3. Respondent's address of record with the Florida Board of Medicine is 1874 D.W. Hillsboro Boulevard, Deerfield Beach, Florida 33442. 4. On or about August 20, 2010, Respondent entered a plea of guilty in the Southern District of Florida, United States District Court, to one count of Conspiracy to Commit (a) wire fraud; (b) mail fraud; (c) introduce and cause to be introduced and delivered for introduction interstate commerce, a misbranded drug; and (d) dispense and cause to be dispensed a prescription drug in violation of 18 U.S.C. § 371. 5. This activity relates to the practice, and/or ability to practice medicine in that the crime he pled guilty to, involves the fraudulent introduction of a misbranded drug into interstate commerce. In addition, Respondent was hired as a physician and worked in that capacity for ‘Vitality, the corporation centrally involved in this matter 6. Onor about November 12, 2010, Respondent was sentenced to one year of probation, 90 days of Home Detention with electronic monitoring, and a requirement to pay $43,824.51 in restitution. 7. Section 458.331 (1)(c), Florida Statutes (2010), provides that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession. 8. Respondent entered a plea of guilty to Conspiracy to Commit (a) wire fraud; (b) mail fraud; (c) introduce and cause to be introduced and delivered for introduction interstate commerce, a misbranded drug; and (d) dispense and cause to be dispensed a prescription drug, under 18 U.S.C. § 371, a crime related to the practice of medicine or the ability to practice medicine. 9. Based on the foregoing, Respondent has violated Section 458.331(1)(c), Florida Statutes (2010), by being convicted of a crime that is related to the practice of medicine or to the ability to practice medicine. WHEREFORE, 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. SIGNED this 8"" day of July, 2011. H. Frank Farmer, Jr., M.D., M.P.H. State Surgeon General f-Flin J. ik Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 DE FILED PARTMENT OF Weg Tallahassee, FL 32399-3265 CLERK 4,,CEPUTY Clem AtTH DATE 7 1208 ders (000) 248-4640 (850) 245-4681 (fax) EJE/asm PCP: July 8, 2011 PCP Members: Leon & Zachariah DOH V. DAVID MITCHELL KENTON, M.D. CASE NO. 2010-22219 DOH V. DAVID MITCHELL KENTON, M.D. CASE NO. 2010-22219 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 458.331(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 to any other discipline imposed.

Docket for Case No: 12-000717PL