STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2016-18776 JOHN S. GALLAGHER, M.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Medicine (Board) against John S. Gallagher, M.D., 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 (2016); Chapter 456, Florida Statutes (2016); and Chapter 458, Florida Statutes (2016). 2. At all times material to this Complaint, Respondent was licensed to practice medicine within the State of Florida, having been issued license number ME 49795. 3. Atall times material to this Complaint, Respondent’s address of record was 85098 Majestic Walk Circle, Fernandina Beach, Florida 32034. 4. On or about October 19, 2016, Eduardo Sanchez, M.D., a physician specializing in addiction psychiatry, evaluated Respondent. 5. Dr. Sanchez diagnosed Respondent with severe alcohol use disorder. 6. Dr. Sanchez opined that Respondent is unable to practice medicine with reasonable skill and safety to patients. 7. Section 458.331(1)(s), Florida Statutes (2016), provides that it is a violation to be unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics or chemicals or any other type of material or as a result of any mental or physical condition. 8. Respondent is unable to practice medicine with reasonable skill and safety to patients due to his severe alcohol use disorder. 9. Based on the foregoing, Respondent violated Section 458.331(1)(s), Florida Statutes (2016). WHEREFORE, Petitioner respectfully requests that 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 Administrative Complaint , Dep't of Health v. John S. Gallagher, M.D. DOH Case No. 2016-18776 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 that the Board deems appropriate. SIGNED this day of December , 2016. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary eszununye Kristen M. Summers Assistant General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 ILED DEPARTMENT OF HEALTH DEPUTY CLERK Tallahassee, FL 32399-3265 CLERK: Angel Sanders Florida Bar Number 112206 DATE: DEC 08 2018 (P) (850) 245-4444 ext. 8136 (F) (850) 245-4662 (E) Kristen.Summers@flhealth.gov PCP: December 6, 2016 PCP Members: Zachariah Zachariah, M.D., Bernardo Fernandez, M.D. and Donald Mullins Administrative Complaint Dep't of Health v. John S. Gallagher, M.D. DOH Case No, 2016-18776 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 any other discipline imposed. Administrative Complaint Dep't of Health v. John S. Gallagher, M.D. DOH Case No. 2016-18776 @1/85/2017 17:55 984-225-8588 THE UPS STORE “ PAGE 01/83 The UPS Store” FACSIMILE TRANSMITTAL SHEET ° Kristen & Suctnecs Eg. ream 5 alan. Coll, har company! Oh ky Dott Proce. Soe Date: Lon 20 | Zz BINDS Tele Sacaex. J2G7P Fax Number: SSp- -BYS~ be 5 2- Pages: 3 pnd. Covey Phone: CSD ye YE ALLO ef: (3b Reference Number: We Cane 20/6 [672-6 cc OUrgent [For Review C1 Please Comment Please Reply O Please Recycle e Comments: 462688 SR 200, Suite 1, Yulee, FL 32097 Telephone: (804) 225-8840 Fax (904) 225-8508 amail: storeG053@theupsstore.com web: theupsstorelocal.com/6053

Docket for Case No: 18-005642PL