Petitioner: DEPARTMENT OF HEALTH, BOARD OF OSTEOPATHIC MEDICINE
Respondent: RAYMOND FAILER, D.O.
Judges: F. SCOTT BOYD
Agency: Department of Health
Locations: Miami, Florida
Filed: Mar. 14, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 15, 2017.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v. CASE NO. 2016-19223
RAYMOND FAILER, D.O.,
RESPONDENT.
/
ADMINISTRATIVE COMPLAINT
COMES NOW, Petitioner, Department of Health, by and through its
undersigned counsel, and files this Administrative Complaint before the
Board of Osteopathic Medicine against Respondent, Raymond Failer, D.O.,
and in support thereof alleges:
1. Petitioner is the state agency charged with regulating the
practice of osteopathic medicine pursuant to Section 20.43, Florida
Statutes; Chapter 456, Florida Statutes; and Chapter 459, Florida Statutes.
2. At all times material to this Administrative Complaint,
Respondent was an osteopathic physician (D.O.) within the state of Florida,
having been issued license number OS 1920.
3. Respondent's address of record is 9341 Collins Avenue, #1001,
Surfside, Florida 33154.
4. OnJune 16, 2015, the Board of Osteopathic Medicine filed Fina!
Orders in case numbers 2007-10901 and 2013-02191, imposing, among
other discipline, probation on Respondent's license for five years. The
terms of Respondent's probation included the submission of quarterly
reports.
5. The probation of Respondent's license required a quarterly
report to be submitted by Respondent and one by Respondent's monitor by
May 24, 2016.
6. Respondent failed to submit a quarterly report by May 24,
2016.
7. Respondent failed to ensure his monitor submitted a quarterly
report by May 24, 2016.
8. Section 456.072(1)(q), Florida Statutes (2015), provides that
violating a lawful order of the department or the board, or failing to comply
with a lawfully issued subpoena of the department, constitutes grounds for
discipline.
Department of Health v. Raymond Failer, D.O.
Case Number 2016-19223
9. As set forth above, Respondent violated lawful orders of the
Board of Osteopathic Medicine by failing to comply with the Final Orders in
case numbers 2007-10901 and 2013-02191, filed on June 16, 2015, when
Respondent failed to submit quarterly reports as required by the Final
Orders as part of the probation of his license.
10. Based on the foregoing, Respondent has violated Section
456.072(1)(q), Florida Statutes (2015), by violating a lawful order of the
department or the board, or failing to comply with a lawfully issued
subpoena of the department.
WHEREFORE, the Petitioner respectfully requests that the Board of
Osteopathic 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.
[Signature page follows. ]
Department of Health v. Raymond Failer, D.O.
Case Number 2016-19223
a
SIGNED this 5 day of S 2017.
FILED
DEPARTM
DEPUTY CLERKS
CLERK:
pare JAN 0.5 2017
LT.
PCP: January 5, 2017
Celeste Philip, MD, MPH
State Surgeon General and Secretary of Health
Ann L. Prescott
Assistant General Counsel
Fla. Bar No. 92974
Florida Department of Health
Prosecution Services Unit
4052 Bald Cypress Way, Bin #C65
Tallahassee, FL 32399-3265
Telephone: (850) 245-4640
Facsimile: (850) 245-4662
Email: ann.prescott@flhealth.gov
PCP Members: Dr. Andriole (chair) & Janson
Department of Health v. Raymond Failer, D.O.
Case Number 2016-19223
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.
Department of Health v, Raymond Failer, 0.0,
Case Number 2016-19223
Docket for Case No: 17-001549PL
Issue Date |
Proceedings |
May 15, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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May 15, 2017 |
Amended Joint Motion to Relinquish Jurisdiction filed.
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May 12, 2017 |
Joint Motion to Relinquish Jurisdiction filed.
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May 09, 2017 |
Petitioner's Witness List filed.
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May 09, 2017 |
Petitioner's Notice of Filing Proposed Exhibits for Final Hearing filed.
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May 09, 2017 |
Petitioner's Proposed Exhibits 1-5 filed (exhibits not available for viewing). |
Mar. 23, 2017 |
Order of Pre-hearing Instructions.
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Mar. 23, 2017 |
Notice of Hearing by Video Teleconference (hearing set for May 16, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
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Mar. 22, 2017 |
Joint Response To Initial Order filed.
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Mar. 15, 2017 |
Initial Order.
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Mar. 15, 2017 |
Notice of Filing Petitioner's First Request for Admissions, Petitioner's First Set of Interrogatories and First Request for Production filed.
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Mar. 14, 2017 |
Administrative Complaint filed.
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Mar. 14, 2017 |
Election of Rights filed.
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Mar. 14, 2017 |
Agency referral filed.
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