STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2016-14774 DERRICK ANTHONY DAVIS, P.A., Respondent. AD RATIV! MPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Medicine against Respondent Derrick Anthony Davis, P.A., and in support 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 Statues; and Chapter 458, Florida Statutes. 2. Section 458.347(7)(f), Florida Statutes (2015), provides that the Board of Medicine may impose penalties authorized under Sections 456.072 and 458.331(2), Florida Statutes (2015), upon a physician assistant if the physician assistant has been found guilty of or is being investigated for any 1 - DOH v. Derrick Anthony Davis, M.D., Case Number 2016-14774 act that constitutes a violation of Chapter 456 or Chapter 458, Florida Statutes (2015). 3. At all times material to this Complaint, Respondent was a licensed physician assistant within the State of Florida, having been issued license number PA 9103680. 4. Respondent's address of record is 11725 SW 17 Court, Miramar, Florida 33025. 5. Onor about April 21, 2016, the Respondent pled guilty to and was convicted of Accessory after the Fact to Racketeering in Circuit Court, Palm Beach County, Case No. 2011-CF-1935. 6. The crime committed is a second degree felony pursuant to Sections 773.01(1), 777.011 and 895.03, Florida Statutes (2015). 7. Respondent’s conviction was related to incidents which were recorded by undercover officers while the Respondent was seeing patients, and so is directly related to the practice of medicine. 8. Further, this conviction is directly related to the Respondent's ability to practice medicine in that it demonstrates a lack of sound judgment and/or lack of integrity. 2 - DOH v. Derrick Anthony Davis, M.D., Case Number 2016-14774 9. The Respondent is on probation for three years as a result of this incident. 10. A special condition of probation is that Respondent cannot work with any business related to pain management while on probation. 11. Section 458.331(1)(c), Florida Statutes (2015), provides that the Board of Medicine may take disciplinary action for being convicted or found guilty of, or entering a plea of nolo contender to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to practice medicine. 12. On April 21, 2016, Respondent was convicted of Accessory after the Fact to Racketeering, which was directly related to seeing patients as a physician assistant. 13. Based on the foregoing, Respondent violated Section 458.331(1)(c), Florida Statutes (2015), by being convicted of a crime which directly relates to the practice of medicine and/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 3 - DOH v. Derrick Anthony Davis, M.D., Case Number 2016-14774 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. SIGNED this 27 FILED Department Of Health Deputy Clerk MEM/ep PCP Date: August 26, 2016 fy. vst 2016. Celeste Philip, MD, MPH Surgeon General and Secretary Wilt | Fob. Michael E. Morris” Assistant General Counsel Florida Bar No. 0081493 DOH-Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 Telephone: (850) 245-4444, Ext. 8114 Fax: (850) 245-4684 E-Mail: michael.morris@flhealth.gov PCP Members: Georges El-Bahri, M.D., James W. Orr Jr., M.D., Brigitte Goersch, Ricardo Morales, P.A. 4 - DOH v. Derrick Anthony Davis, M.D., Case Number 2016-14774 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. 5 - DOH v. Derrick Anthony Davis, M.D., Case Number 2016-14774

Docket for Case No: 17-000479PL