STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2018-24376 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. 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 June 16, 2015, Patient P.B., a then-seventy-seven- year-old female diagnosed with macular degeneration, presented to U.S. Stem Cell Clinic (USSCC) for a “stem cell” injection procedure for both eyes. 7. Prior to June 16, 2015, P.B. was evaluated and approved by William Mestrezat, M.D., retina specialist, and Shareen Greenbaum, M.D., |" ophthalmologist, for alleged “stem cell” injection. 8. Onor about June 16, 2015, Respondent represented himself at USSCC to P.B. as “Dr. Perez”. 9. Onor about June 16, 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 2018-24376 10. Respondent did not hold a license to practice medicine in Florida at any time during 2015. 11. On or about June 16, 2015, Respondent performed a tissue removal procedure to obtain adipose (fat) tissue from P.B.’s abdomen. 12. On or about June 16, 2015, Respondent performed an intravitreous injection of both eyes using the product created from P.B.’s adipose tissue. 13. On or about June 16-18, 2015, P.B. experienced complications, including bleeding in her eyes, from the intravitreous injections by Respondent of the product created from P.B.’s adipose tissue. 14. Asa result of the intravitreous injections by Respondent of the product created from P.B.'s adipose tissue, P.B. 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. 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 2018-24376 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 June 16, 2015, Respondent exceeded the scope of his Florida A.P.R.N. nursing license in one or more of the following ways: 19. a. by performing a tissue removal procedure to obtain adipose tissue from P.B.’s abdomen; b. _ by performing intravitreous injection of both of P.B.’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 live persons. 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 2018-24376 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 P.B. 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. 5 Case Number 2018-24376 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 2018-24376 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. FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: DATE: /DAM " MAR @ 2 2020 SIGNED this 2d day of March, 2020. Scott Rivkees, M.D. State Surgeon General /s/ Dirlie A. McDonald Dirlie A. McDonald Assistant General Counsel 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@fihealth.gov PCP: February 27, 2020 PCP Members: McDonough & Paschall Department of Health v. Alejandro Perez, A.P.R.N. 7 Case Number 2018-24376 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 cail 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 Compiaint. 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 2018-24376

Docket for Case No: 20-003062PL

Orders for Case No: 20-003062PL