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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs ALEX MARCOS BARROCAS, M.D., 19-005120PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005120PL Visitors: 11
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: ALEX MARCOS BARROCAS, M.D.
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Health
Locations: Miami, Florida
Filed: Sep. 23, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 31, 2019.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2016-14683 ALEX MARCOS BARROCAS, M.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against the Respondent, Alex Marcos Barrocas, 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; Chapter 456, Florida Statutes; and Chapter 458, Fiorida Statutes. 2. At all times material to this Complaint, Respondent was a licensed physician within the State of Florida, having been issued license number ME 103335. Page | of 5 3. | Respondent's address of record is 151 Crandon Boulevard, #631, Key Biscayne, Florida 33138. 4. Onor about April 11, 2016, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, in case number F14- 018020, Respondent entered a plea of nolo contendere to one (1) count of battery, in violation of section 784.03, Florida Statutes and one (1) count of domestic battery by strangulation, in violation of section 784.041(2)(a), Florida Statutes. 6. The qualities essential to the practice of medicine include sound judgment and a respect for human life. The crimes of battery and domestic battery by strangulation show a warped judgment and disregard for human life. 8. Therefore, Respondent's crimes relate to his ability to practice medicine by showing that he lacks certain essential qualities to practice medicine, namely sound judgment and a respect for human life. 9. Section 456.072(1)(c), Florida Statutes (2015), provides that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which DOH v. Alex Marcos Barrocas, M.D. 2 Case No. 2016-14683 relates to the practice of, or the ability to practice, a licensee's profession constitutes grounds for disciplinary action by the Board of Medicine. 10. Respondent pled nolo contendere to one (1) count of battery and one (1) count of domestic battery by strangulation, crimes that relate to the practice or the ability to practice medicine. 11. Based on the foregoing, the Respondent has violated Section 456.072(1)(c), Florida Statutes (2015), by being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession. WHEREFORE, the Petitioner respectfully requests that the Board of 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. DOH v. Alex Marcos Barrocas, M.D. 3 Case No. 2016-14683 SIGNED this | __ day of Vecommbal se 2016. eleste pani M.D., M.P.H. 4052 Bald Cypress Way, Bin C-65 FILED Tallahassee, Florida 32399-3265 eee PUY oer Florida Bar Number 0085797 CLERK ANGEL SANDERS (850) 245 - 4640 Telephone pate DEC 1 9 2g4¢ (850) 245 - 4683 Facsimile SEC/ PCP: December 16, 2016 PCP Members: Georges El-Bahri, M.D.; Seela Ramesh, M.D.; Brigitte Goersch DOH v. Alex Marcos Barrocas, M.D, Case No. 2016-14683 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. Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this agency action. | 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. DOH v. Alex Marcos Barrocas, M.D. 5 Case No. 2016-14683

Docket for Case No: 19-005120PL
Issue Date Proceedings
Oct. 31, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 31, 2019 Joint Motion to Relinquish Jurisdiction filed.
Oct. 23, 2019 Respondent's Objections and Responses to Petitioner's First Request for Admissions filed.
Oct. 21, 2019 Petition for Hearing Involving Disputed Issues of Material Fact filed.
Oct. 17, 2019 Notice of Appearance (Bruce Lamb) filed.
Oct. 03, 2019 Order of Pre-hearing Instructions.
Oct. 03, 2019 Notice of Hearing by Video Teleconference (hearing set for November 7 and 8, 2019; 9:00 a.m.; Miami and Tallahassee, FL).
Oct. 01, 2019 Joint Response to Initial Order filed.
Sep. 24, 2019 Notice of Serving Petitioner's First Request for Production, First Request for Interrogatories and First Request for Admissions to Respondent filed.
Sep. 24, 2019 Initial Order.
Sep. 24, 2019 Notice of Appearance (Co-Counsel - Major Thompson) filed.
Sep. 23, 2019 Notice of Appearance; Request for Complete Investigative File; Request for Opportunity to Discuss a Settlement; and Alternative Petition Hearing Involving Disputed Issues of Fact filed.
Sep. 23, 2019 Amended Administrative Complaint filed.
Sep. 23, 2019 Administrative Complaint filed.
Sep. 23, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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