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FLORIDA DEPARTMENT OF LAW ENFORCEMENT, MEDICAL EXAMINERS COMMISSION vs ANDREA N. MINYARD, M.D., 19-002083PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-002083PL Visitors: 8
Petitioner: FLORIDA DEPARTMENT OF LAW ENFORCEMENT, MEDICAL EXAMINERS COMMISSION
Respondent: ANDREA N. MINYARD, M.D.
Judges: JAMES H. PETERSON, III
Agency: Department of Law Enforcement
Locations: Pensacola, Florida
Filed: Apr. 17, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 20, 2019.

Latest Update: Jan. 10, 2025
STATE OF FLORIDA MEDICAL EXAMINERS COMMISSION MEDICAL EXAMINERS COMMISSION, Petitioner, Vs. CASE NO. 18-3 ANDREA N. MINYARD, M.D. Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Medical Examiners Commission, is the entity charged with the responsibility for taking disciplinary action against a medical examiner pursuant to Sections 406.02(4)(b) and 406.075, Florida Statutes. Respondent, Andrea N. Minyard, M.D., has served as Medical Examiner for District 1 of the State of Florida from February 2, 2004 until the present pursuant to the provisions of either section 406.06 or section 406.15, Florida Statutes. The Medical Examiners Commission files this Administrative Complaint against Respondent, Andrea N. Minyard, M.D., seeking to impose discipline upon the Respondent based on the following allegations: 1. Respondent was the Medical Examiner for the District 1 Medical Examiner’s Office during all times relevant hereto. 2. In May 2018, Okaloosa County Sheriff Larry Ashley and Walton County Sheriff Michael Adkinson filed formal complaints against District 1 Medical Examiner Andrea N. Minyard, M.D. The complaints allege that over the past few years several cases in their respective counties did not have an adequate death investigation performed as required pursuant to Chapter 406, F.S. The complaints further allege that Dr. Minyard was negligent in her duties as a medical examiner. 3. The 2015-2018 non-autopsy case files of the District 1 Medical Examiner’s Office and Respondent were reviewed. The following case files of the Respondent lacked sufficient documentation to support the cause and manner of death and an autopsy was not conducted in each case: Butler, Jeffery, A. Date of Death 8/15/2017: A 46 year old male with a history of alcohol and drug abuse. Case was initially declined, but later accepted because the decedent had no primary care physician. Medical records were requested, but none were received. No autopsy was performed and with no medical records there is nothing to support the opinion of cause and/or manner of death. With a history of substance abuse, no toxicology was performed, therefore drug toxicity as a cause of death could not be ruled out. Booker, Neva E., (aka Brunson), Date of Death 12/7/2015: A 50 year old female found collapsed in her kitchen with a history of alcohol and drug abuse. Two prescription bottles of hydrocodone belonging to the decedent along with other prescriptions were found on scene. One of the hydrocodone prescription bottles, filled seven days prior with a 15-day supply, was empty. No medical records were in the file. Jurisdiction was declined. The death certificate signed by the decedent's primary physician lists cause of death as aspiration. No toxicology was performed, therefore drug toxicity as a cause of death could not be ruled out. Cremation was approved. Taylor, Janet, Date of Death 5/30/2017: A 70 year old female found unresponsive on kitchen floor was reported as a possible choking incident. EMS reports indicate that two attempts at intubation were unsuccessful due to the amount of vomit in airway. Airway was suctioned with approximately 200 cc of thick vomitus removed. No medical records in file. Jurisdiction declined. Heasley, Rebecca, Date of Death 1/5/2017: A 62 year old female who was oxygen dependent died at home. While the decedent had been hospitalized 2 months prior with chronic obstructive pulmonary disease, there was a 2 hour delay in the family reporting the death. The decedent’s body had been cleaned and removed from the house by the husband when the death was reported. The Panel felt that these factors make the death reasonably suspicious. No medical records in file. Jurisdiction declined. Johnson, Tammy, L., Date of Death 6/24/2016: A 47 year old female found deceased at home. The family reported history of abuse of alcohol and pills and no pill counts were provided for a hydrocodone prescription on scene. Decedent had no medical history of any potentially fatal disease. No medical records in file or indications they were requested. No toxicology was performed, therefore, drug toxicity as a cause of death could not be ruled out. Jurisdiction declined. Trickett, Harold, W., Date of Death 10/28/2016: A 74 year old male with cardiac history was found at the bottom of stairs. While no reported trauma, there is a possibility of head trauma. No medical records in file. No autopsy was performed, therefore, trauma as a cause of death could not be ruled out. Jurisdiction declined. e Stuart, Hunter, P., Date of Death 1/26/2017: A 35 year old male was found unresponsive in bed. Family reported that he had been in a recent altercation and had a black eye. He had arrived in town the evening prior to being found deceased. Jurisdiction was accepted because he had no in-state primary physician and the decedent was transported to the medical examiner's office. No autopsy was performed, no body diagram was made, and no photographs or medical records were in the file. e Beitler, Laura, Date of Death 10/5/2017: A 55 year old female with a history of ethanol abuse and binge drinking. Four empty 1.5 liter wine bottles were found in the trash. Medical records requested but none received. Jurisdiction accepted. No autopsy or toxicology was performed, therefore, acute alcohol toxicity as a cause of death could not be ruled out. e Bruhn, Barbara, Date of Death 11/5/2017: A 50 year old female with a reported 10-year pill problem. Prescriptions for decedent on scene include alprazolam and oxycodone. No pill counts provided. No medical records in file. Jurisdiction declined. No toxicology was performed, therefore, drug toxicity as a cause of death count not be ruled out. e Teves, Keith, E., Date of Death 3/20/2018: A 58 year old male with medical history of epilepsy, dementia, and Parkinson's disease was deceased amid suspicions of neglect. There were inappropriate pill counts for the decedent's prescriptions, including alprazolam and hydrocodone. No medical records in file. Jurisdiction declined. No toxicology was performed, therefore, drug toxicity as a cause of death could not be ruled out. e Christian, Christian, Date of Death 3/23/2018: A 62 year old male found deceased in his residence. Family reported that decedent would drink when taking alprazolam. Unknown pills were also found in a metal tin the deceased's dresser. No medical records in file. Jurisdiction declined. No toxicology was performed, therefore, drug toxicity as a cause of death could not be ruled out. e Klang, Jr., Lawrence, Date of Death 3/28/2018: A 47 year old male with a history of depression and alcoho! abuse found deceased at his home. No medical records in file to support a natural death. Death certificate signed by the decedent's primary physician lists cause of death as unknown. Cremation was approved. 4, The actions of the Respondent violated the provisions of §406.075(1)(i), Florida Statutes, and §406.075(1)(a), Florida Statutes, to wit: Violation of Rules 11G- 2.001(1)(b), 11G-2.002(2), 11G-2.003(1)(e), 11G-2.003(3)(b), 11G-2.003(5)(a), and 11G-2.003(5)(b), Florida Administrative Code. 5. This Administrative Complaint is issued pursuant to Sections 120.569, 120.57, 406.02(4)(b), and 406.075, Florida Statutes. Any proceedings concerning this Complaint shall be conducted pursuant to Sections 120.569 and 120.57, Florida Statutes, and Chapter 28-106, Florida Administrative Code. WHEREFORE it is alleged that the Respondent, Andrea N. Minyard, M.D., violated §406.075(1)(i), Florida Statutes, and §406.075(1)(a), Florida Statutes, to wit: Violation of Rules 11G-2.001(1)(b), 11G-2.002(2), 11G-2.003(1)(e), 11G-2.003(3)(b), 11G-2.003(5)(a), and 11G-2.003(5)(b), Florida Administrative Code. NOW, THEREFORE, the Medical Examiners Commission hereby complains against and alleges that disciplinary action should be taken against Andrea N. Minyard, M.D., as provided in Sections 406.02(4)(b), and 406.075(1), Florida Statutes, for the reasons set forth above and in accordance with the Election of Rights Form and Explanation of Rights Form attached hereto and incorporated herein. we —— ERS MMISSION THIS 22 DAY OF BY ORDER OF THE MEDICAL EXAI haa? __ 019. ST N J. NELSON, M.A, M.D., F.C.A.P. Chairman Medical Examiners Commission CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by express mail this Asi day of YVOsO\n __, 2019, to Andrea N. Minyard, M.D., at District One Medical Examiner Office, 5751 North 9th Ave., Pensacola, FL 32504. Vickie Koenig Chief of Policy and Special Programs Criminal Justice Professionalism Program Florida Department of Law Enforcement

Docket for Case No: 19-002083PL
Issue Date Proceedings
May 20, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
May 14, 2019 Stipulated Motion to Relinquish Jurisdiction filed.
May 10, 2019 Order of Pre-hearing Instructions.
May 10, 2019 Notice of Hearing (hearing set for June 10 and 11, 2019; 9:00 a.m., Central Time; Pensacola, FL).
May 09, 2019 Notice of Service of Second Set of Interrogatories to Petitioner filed.
May 09, 2019 Respondent's Second Request for Admissions to Petitioner filed.
May 02, 2019 Notice of Service of First Set of Interrogatories to Petitioner filed.
May 02, 2019 Respondent's First Request for Admissions to Petitioner filed.
May 02, 2019 Respondent's First Request for Production to Petitioner filed.
Apr. 25, 2019 Joint Response to Initial Order filed.
Apr. 18, 2019 Initial Order.
Apr. 17, 2019 Election of Rights filed.
Apr. 17, 2019 Administrative Complaint filed.
Apr. 17, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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