’ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2009-06141 SHELDON LEWIS WIEDER, M.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Sheldon Lewis Wieder, 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; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed physician within the state of Florida, having been issued license number ME 83276. J:\PSU\Medical\Thomas J. Morton\Cases\Wieder (2009-06141) (b)\458.331(1)(b).doc Filed February 28, 2012 8:50 AM Division of Administrative Hearings pon 3. Respondent’s address of record is 500 A Grand Street #4A, New York, New York 10002. 4. At all times material to this Complaint, Respondent was Board Certified in Diagnostic Radiology. 5. The New York State Board for Professional Medical Conduct (“New York Board”) is the licensing authority regulating the practice of allopathic medicine in the State of New York. 6. On or about July 30, 2008, the New York Board issued a Determination and Order based on Respondent's failure to meet the standard of care in his care, treatment and/or diagnosis of six (6) patients. 7. The New York Board’s July 30, 2008 Determination and Order, ordered that Respondent's New York medical license be suspended for three (3) years, with the suspension stayed in full, and Respondent placed on three (3) years probation with specific requirements for retraining. 8. On or about February 10, 2009, the New York Administrative Review Board for Professional Medical Conduct issued a Determination and Order that affirmed all aspects of the July 30, 2008.Determination and Order. J:\PSU\Medical\Thomas J. Morton\Cases\Wieder (2009-06141) (b)\458.331(1)(b).doc 2 9. Section 458.331(1)(b), Florida Statutes (2008), provides that having a license or the authority to practice medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, constitutes grounds for disciplinary action by the Board of Medicine. 10. The New York Board’s February 10, 2009, Determination and Order constitutes action against Respondent's license to practice medicine. 11. Based on the foregoing, Respondent has violated Section 458.331(1)(b), Florida Statutes (2008), by having a license or the authority to practice medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions. 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. J:\PSU\Medical\Thomas J. Morton\Cases\Wieder (2009-06141) {b)\458.331(1)(b).doc 3 SIGNED this _2/=__ day of Aesot , 2009. DEPARTMENT OF HEALTH DEPUTY CLERK GLERK: pave Bla lO DOH v. Sheldon Lewis Wieder, M.D. TJM PCP: 8/21/09 PCP Members: Leon, Cline, Beebe Ana M. Viamonte Ros, M.D., MPH State Surgeon General _ sm: Thomas J~Morton Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 13771 (850) 245-4640, Ext. 8184 (850) 245-4681 FAX Case No.: 2009-06141 J:\PSU\Medical\Thomas J. Morton\Cases\Wieder (2009-06141) (b)\458.331(1)(b).doc 4 DOH v. SHELDON LEWIS WIEDER, M.D. CASE NO. #2009-06141 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 to any other discipline imposed. J:\PSU\Medical\Thomas J. Morton\Cases\Wieder (2009-06141) (b)\458.331(1)(b).doc 5

Docket for Case No: 12-000784PL