STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, | We CASE NO. 2018-24302 ALEJANDRO PEREZ, A.P.R.N. RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Alejandro Perez, A.P.R.N., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was an Advanced Practice Registered Nurse (A.P.R.N.), having been issued license number APRN 9201869. Filed July 8, 2020 9:44 AM Division of Administrative Hearings 3. | Respondent’s address of record is 8870 SW 92d Court, Miami, Florida 33176. 4. Respondent may be located at 8932 SW 10" Terrace, Miami, Florida 33174. 5. At all times material to this Administrative Complaint, Respondent was employed at U.S. Stem Cell Clinic f/k/a Bioheart, Inc. (USSCC) located in Sunrise, Florida. 6. Onor about May 15, 2015, Patient E.K., a then-eighty-eight-year- old female, diagnosed with macular degeneration, presented to U.S. Stem Cell Clinic for a “stem cell” injection procedure. 7. Prior to May 15, 2015, E.K. was evaluated and approved by Shareen Greenbaum, M.D., ophthalmologist, for alleged “stem cell” injection. 8. On or about May 15, 2015, at USSCC, Respondent represented himself to E.K. and to her niece, B.C., who accompanied her, as “Dr. Perez”. 9. Onor about May 15, 2015, Respondent held himself out to the public as “Alex Perez, DM, NP-C” on the website of USSCC f/k/a Bioheart, Inc. “DM” was defined as “Doctor of Medicine.” The USSCC website addressed Respondent as “Dr. Perez.” Department of Health v. Alejandro Perez, A.P.R.N. 2 Case Number 2018-24302 10. Respondent did not hold a license to practice medicine in Florida at any time during 2015. 11. On or about May 15, 2015, Respondent performed a tissue removal procedure to obtain adipose (fat) tissue from E.K.’s abdomen. 12. On or about May 15, 2015, Respondent performed intravitreous injection of both eyes using the product created from E.K.’s adipose tissue. 13. On or about May 15, 2015, E.K. experienced complications, including bilateral retinal detachment and blindness due to the intravitreous injections by Respondent of the product created from E.K.'s adipose tissue. 14. Asa result of the intravitreous injections by Respondent of the product created from E.K.'s adipose tissue, E.K. became legally blind with no light perception in either eye. 15. In 2015, Respondent did not have an A.P.R.N. (f/k/a A.R.N.P.) protocol in place that included removing abdominal adipose tissue by any method or injecting any material by intravitreous injection involving living persons. . COUNT I 16. Petitioner hereby incorporates and re-alleges paragraphs one (1) through fifteen (15) as if fully stated herein. Department of Health v. Alejandro Perez, A.P.R.N. 3 Case Number 2018-24302 17. Section 456.072(1)(0), Florida Statutes (2014), provides that practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform constitutes grounds for disciplinary action. 18. On or about May 15, 2015, Respondent exceeded the scope of his Florida A.P.R.N. nursing license, in one or more of the following ways: a. by performing a tissue removal procedure to obtain adipose tissue from E.K.’s abdomen; b. by performing intravitreous injections of both of E.K.’s eyes; and c. by not having an A.P.R.N. (f/k/a A.R.N.P,) protocol in place that included removing abdominal adipose tissue by any method or injecting any material by intravitreous injection involving living persons. 19. Based on the foregoing, Respondent violated Section 456.072(1)(0), Florida Statutes (2014), by practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is Department of Health v. Alejandro Perez, A.P.R.N. 4 Case Number 2018-24302 not competent to perform. COUNT II 20. Petitioner hereby incorporates and re-alleges paragraphs one (1) through fifteen (15) as if fully stated herein. 21. Section 456.072(1)(m), Florida Statutes (2014), provides that making deceptive, untrue or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession constitutes grounds for disciplinary action. 22. Respondent made deceptive, untrue, or fraudulent representations in or related to the practice of his profession by: a. at all times material, at USSCC, Respondent represented himself to E.K and her niece B.C., as “Dr. Perez” when he was not licensed as a physician in the state of Florida; and b. at all times material, Respondent held himself out to the public as “Alex Perez, DM, NP-C” on the website of USSCC f/k/a Bioheart, Inc. “DM” was defined as “Doctor of Medicine”. The USSCC website addressed Respondent as “Dr Perez” when Respondent was not licensed to practice medicine in the state of Florida. Department of Health v. Alejandro Perez, A.P.R.N. S Case Number 2018-24302 23. Based upon the foregoing, Respondent violated Section 456.072(1)(m), Florida Statutes (2014), by making deceptive, untrue or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. Department of Health v. Alejandro Perez, A.P.R.N. 6 Case Number 2018-24302 WHEREFORE, the Petitioner respectfully requests that the Board of Nursing 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. SIGNED this 2d day of March, 2020. Scott Rivkees, M.D. - f Le ‘e) State Surgeon General DEPARTMENT OF HEALTH pf DEPUTY CLERK /s/ Dirlie A. McDonald CLERK: (neers Wud Dirlie A. McDonald Assistant General Counsel pare: __MAR ) 2 2029 __ DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 885061 (850) 558 — 9696 Telephone (850) 245 — 4662 Facsimile Dirlie. mcdonald @flhealth.gov /DAM PCP: February 27, 2020 PCP Members: McDonough & Paschall Department of Health v. Alejandro Perez, A.P.R.N. 7 Case Number 2018-24302 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. Alejandro Perez, A.P.R.N. 8 Case Number 2018-24302

Docket for Case No: 20-003057PL

Orders for Case No: 20-003057PL