STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vv. CASE NO.: 2019-04808 ASHISH KUMAR SAHAI, M.D., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, files this Administrative Complaint before the Board of Medicine against Respondent, Ashish Kumar Sahai, 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, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed medical doctor within the state of Florida, having been issued license number ME 100842. 3. Respondent’s address of record is 151 North Nob Hill Road, Suite 116, Plantation, FL 33324. DOH v. Ashish Kumar Sahai, M.D. 1 Case Number 2019-04808 4. At all times material to this complaint, Respondent was the owner of the Neurospine Institute, LLC. d/b/a Spine and Orthopedic Center (Neurospine) located at 280 SW Natura Avenue, Deerfield Beach, FL and 9325 Glades Road, Suite 205, Boca Raton, FL. 5. In or about November 2018, Employee A.P. was hired and began employment at both locations of Neurospine as a radiology technician. 6. Employee A.P. did not provide a copy of his radiology technician certificate to Neurospine prior to or during his employment. 7. Employee A.P. was not certified as a radiology technician prior to or during his employment at Neurospine. 8. On or about March 18, 2019, the Department of Health inspected Neurospine and discovered that Employee A.P. was working at Neurospine as a radiology technician taking x-rays of patients without being certified as a radiology technician. 9. Section 456.072(1)(j), Florida Statutes (2018), provides that the board may take disciplinary action for aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board. DOH v. Ashish Kumar Sahai, M.D. 2 Case Number 2019-04808 10. According to Rule 64E-3.004, Florida Administrative Code, (2018), certification is needed to practice radiologic technology. 11. Respondent employed Employee A.P. as a radiology technician without proper certification. 12. Based on the foregoing, Respondent violated section 456.072(1)G), Florida Statutes (2018), by aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter or to a rule of the department or the board. 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. [Signature appears on the following page.] DOH v. Ashish Kumar Sahai, M.D. 3 Case Number 2019-04808 SIGNED this 28" day of October 2019. Scott A. Rivkees, M.D. State Surgeon General Cyuthia Nach- Eay Cynthia Nash-Early FILED CEO EGER Assistant General Counsel CLERK: Angel Senders Florida Bar No. 20554 pare: QCT 2 8 2019 DOH-Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 (850) 558-9872 Phone (850) 245-4684 Fax E-Mail: Cynthia.NashEarly@flhealth.gov CNE/rr PCP Date: October 25, 2019 PCP Members: Georges El-Bahri, M.D. and Brigitte Goersch DOH v. Ashish Kumar Sahai, M.D. Case Number 2019-04808 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. DOH v. Ashish Kumar Sahai, M.D. 5 Case Number 2019-04808

Docket for Case No: 20-004856PL