Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: RANDALL B. WHITNEY, M.D.
Judges: JAMES H. PETERSON, III
Agency: Department of Health
Locations: Daytona Beach, Florida
Filed: Apr. 05, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 26, 2013.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
Vv. CASE NUMBER: 2010-18780
RANDALL B. WHITNEY, M.D.,
RESPONDENT.
EE
ADMINISTRATIVE COMPLAINT
Petitioner, Department of Health, by and through its undersigned
counsel, files this Administrative Complaint before the Board of Medicine
against Respondent, Randall B. Whitney, M.D. 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 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 8859.
3. Respondent’s address of record is 820 Indigo Court, Port
Orange, Florida 32129.
- O4f
; mo: inistrative Hearings
4. On or about March 27, 2011, Respondent was arrested for
intentionally striking Patient A.R. during or following an attempt to prepare
the patient for a procedure.
5. On or about October 4, 2011, Respondent plead nolo
contendere to one count of the crime of misdemeanor battery, a violation
of Section 784.03(1)(b), Florida Statues (2011), in the Circuit Court for
Orange County, Florida in case number 2010 CF4271000 AOX.
6. | Respondent was sentenced to time served of one (1) day, a
fine and court costs and fees.
7. Respondent's plea of nolo contendere to misdemeanor battery
relates to his practice of medicine or to his ability to practice medicine in
that he engaged in the conduct of committing battery upon the patient due
to the patient's response to attempts to place an Intravenous line.
Respondent was acting in his capacity as a physician and was at the clinic
where he performed procedures. Further, the patient was being prepared
for a procedure to be performed by Respondent. Without a license to
practice medicine, Respondent would not have been in a position to have
such intimate contact with the patient.
8. The crime of battery to which Respondent pled nolo contendere
requires an actual and intentional touch against the will of the other A
physician licensed in the State of Florida is one of a small number of
licensed professionals allowed to intimately examine patients. The
Legislature has vested a trust and confidence in these licensed
professionals by permitting them to do so. Engaging in conduct wherein
that trust and confidence is violated presents a danger to the public health,
safety, or welfare, and does not correspond to that level of professional
conduct expected of one licensed to practice medicine in this state.
9. Respondent has demonstrated, through his plea as set forth
above, a flagrant disregard for the duties and responsibilities imposed upon
a physician practicing in the State of Florida and for the health and welfare
of his patients and for the citizens of this state. Respondent's actions of
actually and intentionally touching another against her will, constitutes a
breach of the trust and confidence that the public deservedly expects and
that the Legislature placed in him by issuing him a license to practice
medicine. It directly relates to the ability to practice medicine.
10. Section 456.072(1)(c), Florida Statutes (2011), provides that
being convicted or found guilty of, or entering a plea of nolo contendere to,
regardless of adjudication, a crime in any jurisdiction which relates to the
practice of medicine or to the ability to practice medicine subjects a
licensee to discipline by the Board of Medicine.
11. On or about October 4, 2011, Respondent plead nolo
contendere to misdemeanor battery in the Circuit Court for Orange County,
Florida in case number 2010 CF4271000 AOX, a crime related to the
practice of medicine or to the ability to practice medicine.
12. Respondent violated Section 456.072(1)(c), Florida Statutes
(2011), by entering a nolo contendere to a crime related to the practice of
medicine or his ability to practice medicine.
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.
ahh de'%
SIGNED this _/7/_ day of _/ shia 2012.
FILED
1H
TMENT OF HEAL
DEPARTS oy CLERK
K el Sanders
cue ARE 2 0 2012
PCP Date: August 17, 2012
John H. Armstrong, MD
State Surgeon General and
Secretary of Health
j . _.
Yolonda Y. Green
Assistant General Counsel
DOH, Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
Florida Bar No. 738115
Telephone: (850) 245-4640 Telephone
Facsimile: (850) 245-4681 Facsimile
yolonda_green@doh.state.fl.us
PCP Members: Dr. Lage, Dr. Avila, Mr. Mullins
DOH v. Randall B. Whitney, M.D., Case No. 2010-18780
DOH v. Randall B. Whitney, M.D., Case No. 2010-18780
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.
Docket for Case No: 13-001201PL
Issue Date |
Proceedings |
Apr. 26, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Apr. 26, 2013 |
Withdrawal of Request for Formal Administrative Hearing and Motion to Remand filed.
|
Apr. 25, 2013 |
Order Granting Motion of Wilson Jerry Foster for Leave to Withdraw as Counsel of Record for Respondent.
|
Apr. 18, 2013 |
Order of Pre-hearing Instructions.
|
Apr. 18, 2013 |
Notice of Hearing (hearing set for June 14, 2013; 9:00 a.m.; Daytona Beach, FL).
|
Apr. 17, 2013 |
Joint Response to Initial Order filed.
|
Apr. 15, 2013 |
Order Granting Extension of Time.
|
Apr. 12, 2013 |
Request for Extension of Time to File Joint Respose to Initial Order filed.
|
Apr. 10, 2013 |
Notice of Appearance (William Furlow) filed.
|
Apr. 08, 2013 |
Motion of Wilson Jerry Foster for Leave to Withdraw as Counsel of Record for Respondent filed.
|
Apr. 05, 2013 |
Initial Order.
|
Apr. 04, 2013 |
Motion to Reopen DOAH Case filed. (FORMERLY DOAH CASE NO. 12-3292PL)
|
Oct. 11, 2012 |
Notice of Serving Petitioner's First Request for Production, First Request for Interrogatories and First Request for Admissions to Respondent filed.
|
Oct. 10, 2012 |
Administrative Complaint filed.
|
Oct. 10, 2012 |
Request for Formal Administrative Hearing filed.
|
Oct. 10, 2012 |
Agency referral filed.
|