STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, v. DOH Case No. 2015-27016 JOHN P. COUCH, M.D., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Florida Department of Health (hereinafter “Petitioner”), files this Administrative Complaint before the Florida Board of Medicine (hereinafter the “Board”) against Respondent, John P. Couch, M.D. (hereinafter “Respondent”), 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, and Chapters 456 and 458, Florida Statutes. 2. Atall times material hereto, Respondent was a licensed physician within the State of Florida, having been issued license number ME 67975. 3. Respondent’s address of record is 2001 Springhill Avenue, Mobile, Alabama 36607. 4. The licensing authority regulating the practice of medicine in the State of Alabama is the Alabama Medical Licensure Commission and the Alabama Board of Medical Examiners. 5. Atall times material hereto, Respondent was a licensed physician within the State of Alabama, having been issued license number MD.20444. 6. Atall times material hereto, Respondent possessed an Alabama Controlled Substances Certificate (hereinafter “ACSC”), having been issued license number ACSC.20444. 7. Onor about August 27, 2015, Respondent surrendered his ACSC license while under investigation by the Alabama Board of Medical Examiners. 8. | The surrender of Respondent’s ACSC license constitutes action by the Alabama licensing authority against Respondent's license or authority to practice medicine in the State of Alabama. 9. Section 458.331(1)(b), Florida Statutes (2015), subjects a licensee to discipline for having a license or the authority to practice medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions. The licensing authority's acceptance of a physician’s DOH v. John P. Couch, M.D., DOH Case Number 2015-27016 Administrative Complaint Page 2 of S relinquishment of a license, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of administrative charges against the physician's license, shall be construed as action against the physician's license. 10. Based on the foregoing, Respondent violated Section 458.331(1)(b), Florida Statutes (2015), by having his license or authority to practice medicine in the State of Alabama acted against by the licensing authority of the State of Alabama. WHEREFORE, Petitioner respectfully requests the Board 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 the Board deems appropriate. [Signature appears on next page.] DOH v. John P. Couch, M.D., DOH Case Number 2015-27016 Administrative Complaint Page 3 of 5 SIGNED this_ 20 day of _ KKOWST , 2016. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Geoffrey — Esq. Assistant General Counsel Florida Bar No. 0010325 Department of Health Prosecution Services Unit FILED 4052 Bald Cypress Way, Bin C-65 Department Of Health Tallahassee, Florida 32399-3265 CLERK Deputy Clerk Telephone (850) 245-4640, ext. 4661 Dave AUG’3 0 D01R Facsimile (850) 245-4684 ee oo E-mail Geoffrey.Christian@flhealth.gov — Attorney for Petitioner PCP: August 19, 2016 PCP Members: F. Ashkar, M.D.; Ms. J. Tootle DOH v. John P. Couch, M.D., DOH Case Number 2015-27016 Administrative Complaint Page 4 of 5 DOH V. JOHN P. COUCH, M.D. DOH CASE NUMBER 2015-27016 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 of Health within 21 days from the day Respondent received this 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 Compiaint 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 this 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 of Medicine shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on Respondent j in addition to any other discipline imposed. DOH v. John P. Couch, M.D., DOH Case Number 2015-27016 Administrative Complaint Page 5 of 5 en - ee a a =

Docket for Case No: 17-003339PL