STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PETITIONER,

v. CASE NO.: 2011-18625

2011-14096

VINCENT JOSEPH SCOLARO, D.O.,

RESPONDENT.

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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 the Respondent, Vincent Joseph Scolaro, D.O., and in support thereof alleges:

1. Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 459, Florida Statutes.

2. At all times material to this Complaint, Respondent was a licensed osteopathic physician within the State of Florida, having been issued license number OS 5974.

   
   

   Filed April 24, 2012 4:36 PM Division of Administrative Hearings

3. Respondent's address of record is 65 Goddard Drive, DeBary, Florida, 32713.

4. On or about March 21, 2011, Respondent entered into a substance abuse contract with the Professionals Resource Network (PRN), which is the impaired practitioner program for the Board of Osteopathic Medicine, established by Section 456.076, Florida Statutes, to monitor the evaluation, care and treatment of impaired practitioners.

5. During the course of his PRN contract, Respondent failed to adequately comply with substance abuse screenings and failed to adequately provide proof of Vivitrol injections, as required by his PRN contract.

6. Respondent failed to adequately comply with all his PRN requirements.

7. On or about November 16, 2011, PRN terminated Respondent from the PRN treatment program.

8. On or about January 10, 2012, Respondent submitted to an impairment evaluation with Dr. J.M., who is board certified in Addiction Recovery and Family Medicine by the American Board of Family Medicine.

9. Based upon the evaluation, Dr. J.M. opined that Respondent is not safe to practice osteopathic medicine with reasonable skill and safety due to alcohol dependence, drug abuse and/or drug dependence.

   COUNT ONE

   
   

10. Petitioner realleges and incorporates paragraphs 1 through 9, as if fully set forth herein.

11. Section 456.072(1)(hh), Florida Statutes (2011), allows the Department to discipline an osteopathic physician for being terminated from a treatment program for impaired practitioners for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.

12. Respondent failed to comply, without good cause, with the terms of the monitoring or treatment contract with PRN.

13. As a result, PRN terminated Respondent from the PRN treatment program on or about November 16, 2011.

14. Based on the foregoing, Respondent has violated Section 456.072(1)(hh), Florida Statutes (2011), by being terminated from a treatment program for impaired practitioners for failure to comply, without

    good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.

    COUNT TWO

    
    

15. Petitioner realleges and incorporates paragraphs 1 through 9, as if fully set forth herein.

16. Section 459.015(1)(w), Florida Statutes (2011), allows the Board of Osteopathic Medicine to discipline an osteopathic physician for being unable to practice osteopathic medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals or any other type of material or as a result of any mental or physical condition.

17. Respondent is not able to practice osteopathic medicine with reasonable skill and safety to patients due to his use of alcohol, drugs and/or narcotics.

18. Based on the foregoing, Respondent has violated Section

459.015(1)(w), Florida Statutes (2011), by being unable to practice osteopathic medicine with reasonable skill and safety to patients by reason

of illness or use of alcohol, drugs, narcotics, chemicals or any other type of material or as a result of any mental or physical condition.

WHEREFORE, the Petitioner respectfully requests that the Board of Osteopathic 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 Z, day of fua, , 2012.

Assis

Steven L. Harris, M.D., M.Sc. Interi State Surgeon General

FILED DEPARTMENT OF HEALTH

DEPUTY CLERK

CLERK Angel Sanders

DATE MAR 2 7 2012

gdb

PCP: Hayden, Moran

PCP Members: March 15, 2012

DOH Prosec Unit 4052 Bald Cyp . , Bin C-65 Tallahassee, FL 32399-3265

Florida Bar# 013311

(850) 245-4640 (telephone)

(850) 245-4662 (fax)

DOH v. Vincent J. Scolaro, D.O. Case Nos. 2011-18625 and 2011-14096

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: 12-001535PL