STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, v. CASE NUMBER 2014-12345 DALE REYNOLDS FRALICKER, M.D., Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (“Department”), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Dale Reynolds Fralicker, 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- 2014). 2. At all times material to this Complaint, Respondent was licensed to practice medicine in the State of Florida pursuant to Chapter 458, Florida Statutes, having been issued license number ME 37217. 3. Respondent's address of record is 320 3 Street, Suite B, Neptune Beach, Florida 32266. 4. At all times material to this Complaint, Respondent worked at Family Care Partners (FCP) in Neptune Beach, Florida. 5. Onor about June 25, 2014, FCP staff contacted the Professionals Resource Network (PRN) and reported that Respondent exhibited manic behaviors over the previous three months. 6. PRN serves as the State of Florida’s Impaired Practitioners Program and the Florida Department of Health’s consultant regarding matters of impairment among healthcare practitioners. 7. On or about July 9, 2014, Respondent contacted PRN after receiving a letter from PRN regarding FCP complaints about his behavior. PRN provided Respondent with three options for a PRN-facilitated boundaries and substance abuse evaluation. 8. From about July 25 through 29, 2014, Respondent underwent a PRN-facilitated evaluation at the Professional Renewal Center (PRC) in Lawrence, Kansas. 9. PRC staff diagnosed Respondent with mood disorder, not otherwise specified (NOS); rule-out bipolar spectrum disorder versus substance-induced bipolar disorder; anxiety disorder, NOS; marijuana abuse, in partial remission based upon self-report; and alcohol abuse, rule out dependence. 10. Marijuana contains tetrahydrocannabinols (THC). According to Section 893.03(1), Florida Statutes (2013-2014), THC is a Schedule I controlled substance that has a high potential for abuse and has no currently accepted medical use in treatment in Florida. Its use under medical supervision does not meet accepted safety standards. 11. The PRC evaluation report also indicated that Respondent's testing revealed narcissistic, histrionic, and dependent personality traits. 12. PRC opined that Respondent was not safe to practice medicine and would not clear Respondent to return to practice as a physician. 13. The evaluators assessed that Respondent did not believe that any of his actions were inappropriate and had a poor sense of personal and professional-boundaries. 14. PRC staff recommended that Respondent undergo residential treatment, participate in PRN, and follow all PRN recommendations. 15. Based upon the results of the evaluation, PRN informed Respondent that PRN would not allow him to return to practice and provided him with treatment options. 16. On or about August 29, 2014, PRN contacted the Department to report Respondent's noncompliance, including his failure to undergo treatment, and closed Respondent's PRN file. 3 17. Section 458.331(1)(s), Florida Statutes (2013-2014), subjects a physician to discipline, including suspension, for “[b]eing unable to practice 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.” 18. Respondent violated Section 458.331(1)(s), Florida Statute (2013-2014), by being unable to practice medicine with reasonable skill and safety due to one or more of the following: a. mood disorder, NOS; b. rule-out bipolar spectrum disorder versus substance-induced bipolar disorder; c. anxiety disorder, NOS; d. marijuana abuse, in partial remission based upon self-report; and/or e. alcohol abuse, rule out dependence. WHEREFORE, Petitioner respectfully requests that the Board Medicine enter an order imposing one or more of the following penalties: perraanent 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. SIGNED this \V day of _ Nogmnletw7 2014. John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health he r L. Fortenberry, Esq. Florida Bar No. 0021640 Assistant General Counsel Prosecution Services Unit FILED DEPARTMENT ‘GF HEAL 4052 Bald Cypress Way, Bin C-65 DEPUT Tallahassee, Florida 32399-3265 S: v pare NOVT Ta (P) 850-245-4444, extension 8141 (F) 850-245-4662 (E) jenifer.fortenberry @flhealth.gov PCP: November 7, 2014 PCP Members: Dr. Avila; Dr. Ginzburg; Ms. Pardue 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: 15-000611PL