STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2018-07061 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 licensed within the state of Florida and was issued license number OS 1920. 3. | Respondent's address of record is 9341 Collins Avenue, #1001, Surfside, Florida 33154. 4. After a hearing held pursuant to s. 120.57(2), Florida Statutes, the Florida Board of Osteopathic Medicine entered a Final Order against Respondent's license in case number 2013-02191 on June 16, 2015. 5. The Final Order found that Respondent committed five (5) instances of medical malpractice, as set forth in the Administrative Complaint in case number 2013-02191. 6. Section 456.50(2), Florida Statutes (2014), provides that, for purposes of implementing s. 26, Art. X of the State Constitution, the board shall not license or continue to license a medical doctor found to have committed repeated medical malpractice, the finding of which was based upon clear and convincing evidence. 7. According to section 456.50(1)(c), Florida Statutes (2014), “found to have committed” means the malpractice has been found in a final judgment of a court of law, final administrative agency decision, or decision of binding arbitration. 8. According to section 456.50(1)(b), Florida Statutes (2014), “final administrative agency decision” means a final order of the licensing Department of Health v. Raymond Failer, D.O. 2 Case No. 2018-07061 board following a hearing as provided in s. 120.57(1) or (2) or s. 120.574 finding that the licensee has violated s. 458.331(1)(t) or s. 459.015(1)(x). 9. Section 456.50(1)(h), Florida Statutes (2014), defines “repeated medical malpractice” as three or more incidents of medical malpractice found to have been committed by a medical doctor. 10. Section 459.015(1)(x)3., Florida Statutes (2014), provides that committing repeated medical malpractice as defined in s. 456.50 constitutes grounds for disciplinary action. 11. As set forth above, Respondent was found to have committed repeated medical malpractice when, on or about June 16, 2015, the Florida Board of Osteopathic Medicine issued a Final Order finding that Respondent committed five incidents of medical malpractice. 12. Based on the foregoing, Respondent has violated Section 459.015(1)(x)3., Florida Statutes (2014), by committing repeated medical malpractice as defined in s. 456.50. 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 Department of Health v. Raymond Failer, D.O. : 3 Case No. 2018-07061 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 ___11th __ day of May __, 2018. Celeste Philip, MD, MPH Surgeon General and Secretary [sf ArWL. Prescott Ann L. Prescott Assistant General Counsel Fla. Bar No. 0092974 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 DEPARTMENT OF HEALTH Telephone: (850) 558-9886 CLERK Ambo EUTY CLERK Facsimile: (850) 245-4662 DATE 1 1 28 Email: Ann.Prescott@flhealth.gov /ALP PCP: May 10, 2018 PCP Members: Moran (chair) & Hayden Department of Health v. Raymond Failer, D.O. 4 Case No, 2018-07061 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, D.O. 5 Case No. 2018-07061

Docket for Case No: 18-003494PL

Orders for Case No: 18-003494PL