STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2012-16140 ALFRED R. MASSANM, 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, Alfred R. Massam, 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 (2012). 2. At all times material to this Complaint, Respondent was a licensed physician within the state of Florida, having been issued license number ME 16216. 3. Respondent's address of record is 133 U.S. 27 North, Sebring, FL 33870. 4. Respondent is certified by the American Board of Orthopedic Surgery. 5. On or about September 15, 2011, federal prosecutors presented an indictment of Respondent, alleging wire fraud, mail fraud, theft and embezzlement of employee benefit funds from the Robert Massam, M.D., P.A. business entity. Respondent was the Registered Agent and Managing Member of the organization. 6. On or about August 8, 2012, in Case Number 11-14051-CR- Martinez/Lynch, in the U.S. District Court, Southern District of Florida, Respondent pled guilty to one count of embezzlement of 1.2 million dollars in employee benefit funds, in violation of Title 18, United States Code, Section 664. 7. The Court adjudicated Respondent guilty and sentenced him to twenty-four months of imprisonment. Respondent was ordered to pay restitution of for misappropriated funds in the amount of $147,478.36 and a fine of $50,000. 8. The crime to which Respondent pled guilty is a crime related to the practice of medicine or the ability to practice medicine. 9. Respondent failed to notify the Board of Medicine of his August 8, 2012, guilty plea within thirty days of such plea. 10. Respondent failed to update his practitioner profile to reflect the August 8, 2012, plea agreement within fifteen days of such plea. COUNT I 11. Petitioner realleges and incorporates paragraphs 1-10, as if fully set forth herein. 12. Section 456.072(1)(c), Florida Statutes (2012), provides that being convicted or found guilty of, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice medicine, constitutes grounds for denial of a license or disciplinary action. 13. On or about August 8, 2012, Respondent pled guilty to a crime related to the practice of medicine or the ability to practice medicine. 14. Based on the foregoing, Respondent violated Section 456.072(1)(c), Florida Statutes (2012). COUNT IT 15. Petitioner realleges and incorporates paragraphs 1-10, as if fully set forth herein. 16. Section 456.072 (1)(x), Florida Statutes (2012), provides that failing to report to the Board, or the Department, if there is no Board, in writing within thirty days after the licensee has been convicted or found guilty of, or entered a plea of, nolo contendere to, regardless of adjudication, a crime in any jurisdiction, constitutes grounds for disciplinary action by the Florida Board of Medicine. 17. Respondent failed to notify the Florida Board of Medicine of his August 8, 2012 guilty plea within thirty days after such plea. 18. Based on the foregoing, Respondent violated Section 456.072(1)(x), Florida Statutes (2012). COUNT III 19. Petitioner realleges and incorporates paragraphs 1-10, as if fully set forth herein. 20. Section 458.331(1)(w), Florida Statutes (2012), provides that failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application, constitutes grounds for which disciplinary action may be taken. 21. Respondent failed to provide timely updated information on his Practitioner Profile by failing to place his conviction on his profile. 22. Based on the foregoing, Respondent has violated Section 458.331(1)(w), Florida Statutes (2012). 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. [signature appears on the following page] sIGNeD this M7 _ day of _