STATE OF FLORIDA BOARD OF MEDICINE DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO, 2011-11171 VICENTE JUAN CHAVEZ, P.A., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health (Department), by and through its undersigned counsel, hereby files this Administrative Complaint before the Board of Medicine against Respondent, Vicente Juan Chavez, P.A., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of physician assistance 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 assistant within the state of Florida, having been issued license number PA 9100717. 3. Respondent's address of record is 1380 Northeast 134" Street, North Miami, Florida 33161. 4. Oxycodone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes, oxycodone is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of oxycodone may lead to severe psychological or physical dependence. 5. Endocet is the brand name of a drug that contains oxycodone and acetaminophen and is commonly prescribed to treat pain. 6. On or about June 29, 2011, Patient D.M. (D.M.) presented to Prestige Medical, located at 4882 Northwest 7™ Street, Miami, Florida 33126, for the first time for his back and ankle pain, and for refills for other prescriptions. D.M. provided an MRI and his prescription profile to Respondent, and Respondent performed a physical exam and a blood test on D.M. Respondent wrote a prescription for multiple medications on the same sheet, which included Endocet 10/650 60 tablets with a refill. The heading for the prescription pad induded the name of the Respondent, his supervising physician, and a nurse. DOH vs. VICENTE JUAN CHAVEZ, P.A., Case No, 2011-11171 2 7. Later that day, D.M. went to Roberts Drug Store, located at 2505 Northwest 54 Street, Miami, Florida, to have his prescriptions filled. He was told that the prescription could not be filled because it contained errors. The prescription did not have a DEA number written on it and it contained a controlled substance and other legend drugs on the same prescription. 8. On or about June 30, 2011, D.M. returned to Prestige Medical and was given a new prescription from the owner of the facility, H.H., who does not have a medical license. D.M. stated that he remembers seeing Respondent in the clinic area when he was given the second prescription. The signature on the second prescription is similar to the Respondents signature on the first prescription. 9. Later that day, D.M. returned to Roberts Drug Store with the new prescription and was told that this prescription could not be filled either. The pharmacy technician checked the signature on file for the physician at Prestige Medical, and it did not match the signature on the prescription. She called the clinic and found the physician was unavailable. Additionally, she did not remember seeing the physician write controlled DOH vs. VICENTE JUAN CHAVEZ, P.A., Case No. 2011-11171 3 substance prescriptions in the past. Roberts Drug Store called the police to report the issues with the prescriptions. 10. Subsequent investigation revealed that Respondent's supervising physician was on vacation from June 26, 2011, through July 4, 2011, and was did not supervise any of the actions of Respondent during his interaction with D.M. | 11. Rule 64B8-30.008(1)(a), Florida Administrative Code, states: (1) Physician assistants approved to prescribe medicinal drugs under the provisions of Section 458.347(4)(e) or 459.022(4)(e), FS.,. are not authorized to prescribe the following medicinal drugs, in pure form or combination: (a) controled substances, as defined in Chapter 893, 12. Section 458.347(7)(g), Florida Statutes (2011), provides that the Board of Medicine may impose penalties authorized under Sections 456.072 and 458.331, Florida Statutes, upon a physician assistant if the physician assistant has been found guilty of or is being investigated for any act that constitutes a violation of Chapter 458 or Chapter 456. 13. Respondent was not authorized to write a prescription for controlled substances to Patient D.M. 14. Respondent operated outside the scope of his practice by writing a prescription for a controlled substance to Patient D.M. DOH vs. VICENTE JUAN CHAVEZ, P.A., Case No. 2011-11171 COUNT ONE 15, Petitioner re-alleges and incorporates by reference Paragraphs 1 through 12, and 14, as if fully set forth herein. 16. Section 458.331(1)(v), Florida Statutes (2011), provides that practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform is grounds for disciplinary action by the Board of Medicine. 17. Respondent practiced outside the scope of a physician assistant by prescribing Endocet, a Schedule II controlled substance to Patient D.M. 18. Based on the foregoing, Respondent has violated Section 458.331(1)(v), Florida Statutes (2011), by practicing beyond the scope of his profession permitted by law. COUNT TWO 19. Petitioner re-alleges and incorporates by reference Paragraphs 1 through 13, as if fully set forth herein. Section 458.331(1)(nn), Florida Statutes (2011), states that a physician may be subjected to discipline for violating any provision of chapter 458 or chapter 456, or any rules adopted pursuant thereto. DOH vs. VICENTE JUAN CHAVEZ, P.A., Case No. 2011-11171 5 18. The Respondent failed to comply with Rule 64B8-30.008(1)(a), Florida Administrative Code, by prescribing an unauthorized medicinal drug to Patient D.M. on or about June 29" and 30", 2011. 19. Based on the foregoing, Respondent has violated Section 458.331(1)(nn), Florida Statutes (2011), by prescribing an unauthorized medicinal drug to Patient D.M., in violation of Rule 64B8-30.008(1)(a), Florida Administrative Code. 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. DOH vs. VICENTE JUAN CHAVEZ, P.A., Case No. 2011-11171 6 SIGNED this Agt cay of CO pa ( , 2012. DEPART! PILED MENT OF HEALT; DEPUTY CLERK” CLERK Angel Sanders PATE OCT 2.9 2012 John H. Armstrong, MD State Surgeon General and Secretary of Health wk Assistant General Counsel DOH, Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar No.: 70394 Telephone: (850) 245-4640 Facsimile: (850) 245-4681 PCP Date: October 26, 2012 . PCP Members: Mr. Mullins, Dr. Averhoff and Ms. Gerbert, P.A. DOH vs. VICENTE JUAN CHAVEZ, P.A., Case No. 2011-11171 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 TS 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. DOH vs, VICENTE JUAN CHAVEZ, P.A., Case No. 2011-11171

Docket for Case No: 16-005555PL