STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2013-18659 GINO NICHOLAS VITIELLO, 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, Gino Nicholas Vitiello, M.D., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of medicine pursuant to Chapters 20, 456 and 458, Florida Statutes (2013). 2. At all times material to this Order, Respondent was licensed to practice medicine in the State of Florida pursuant to Chapter 458, having been issued license number ME 62492. 3. Respondent’s address of record is 9299 SW 152 Street # 202, Palmetto Bay, Florida 33157. 4. Onor about June 3, 2013, Miami-Dade County Police Department arrested Respondent for Driving under the Influence (DUI) in Miami-Dade County Case Number 13-2013-CT0006857XDX00. 5. Onor about June 3, 2013, South Miami Hospital (SMH) admitted Respondent into its detoxification program and referred him to the Professionals Resource Network (PRN). 6. PRN is a Department-contracted consultant for matters dealing with impaired medical practitioners. 7. Dr. C.L. evaluated Respondent at SMH and diagnosed him with alcohol dependence. Dr. C.L. opined that Respondent was in need of residential treatment. 8. Onor about June 8, 2013, Respondent entered into a residential treatment program at Behavioral Health of the Palm Beaches (Behavioral Health). Dr. J.S. evaluated Respondent and diagnosed him as alcohol dependent and in need of extended residential treatment for at least 30 days. 9. On or about September 16, 2013, Respondent completed a 60- day residential rehabilitation treatment program at Behavioral Health. 10. Subsequent to Respondent's treatment, PRN sent Respondent a monitoring contract for Respondent to execute and refrained Respondent DOH v. Gino Nicholas Vitiello, M.D. DOH Case Number 2013-18659 from practicing medicine until he underwent a PRN-facilitated mental and physical evaluation. 11. On or about October 31, 2013, Respondent tested positive for alcohol use during a PRN-facilitated drug screening. 12. On or about October 31, 2013, PRN discovered that Respondent continued to see patients and practice medicine, despite PRN’s mandate that he refrain from practice. 13. Respondent did not execute his PRN monitoring contract. 14. On or about November 11, 2013, Respondent underwent a PRN- facilitated evaluation with Dr. T.T. and received the diagnoses of: cognitive disorder, not otherwise specified (NOS); alcohol dependence; impulse control disorder, NOS; and unassessed and untreated severe mental illness including cognitive impairment. 15. Dr. T.T. opined that Respondent is not capable of practicing medicine in the state of Florida with reasonable skill and safety. 16. Section 458.331(1)(s), Florida Statutes (2013), subjects a physician to discipline, including restriction, for “being unable to practice medicine with reasonable skill and safety to patients by reason of illness or DOH v. Gino Nicholas Vitiello, M.D. DOH Case Number 2013-18659 use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.” 17. Respondent violated Section 458.331(1)(s), Florida Statutes (2013) by being unable to practice medicine with reasonable skill and safety to patients due to one or more of the following: (a) cognitive disorder, not otherwise specified; (b) alcohol dependence; (c) impulse control disorder, not otherwise specified; and/or (d) unassessed and untreated severe mental illness including cognitive impairment. 18. Based on the foregoing, Respondent violated Section 458.331(1)(s), Florida Statutes (2013), by being unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics or chemicals or any other type of material or as a result of any mental or physical condition. 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 DOH v. Gino Nicholas Vitiello, M.D. DOH Case Number 2013-18659 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. A SIGNED this <2/" day of february , 2014. FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: Bridget Covtey DATE: PCP: PCP Members: DOH v. Gino Nicholas Vitiello, M.D. (B-as-zoit February 21, 2014 DOH Case Number 2013-18659 John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health Kari Talella Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 0091101 Phone (850) 245-4444 x 8199 Fax (850) 245-4662 Karine.Gialella@fihealth.gov Fuad Ashkar, M.D.; Nabil El-Sanadi, M.D.; Ronald Dyches 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. DOH v. Gino Nicholas Vitiello, M.D. DOH Case Number 2013-18659

Docket for Case No: 14-001648PL