STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NUMBER: 2019-37607 ODALYS PILAR FRONTELA, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Odalys Pilar Frontela, M.D., and alleges: 1. Petitioner is the state department 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 physician within the State of Florida, having been issued license number 78396. 3. | Respondent’s address of record is 16159 NW 79th Avenue, Miami Lakes, FL 33016 4. At all times material to this Complaint, Respondent was the primary physician for R.L. (86-year-old male). 5. — R.L. has owned his home in Hialeah, Florida since 1979. The property is currently valued at approximately $350,000.00. 6. Onor around December 1, 2018, Respondent gave R.L. a quit claim deed, written in English, which would make her the co-owner of the property. 7. R.L. does not speak or read English, and Respondent told him that the deed was just a medical form she needed him to sign. 8. R.L. agreed to sign the deed without knowing what it was because he trusted Respondent, and because of her position as his primary doctor. 9. After Respondent became co-owner of the property, she turned R.L.'s home into an assisted living facility without his consent and demanded that he make rent payments. 10. On or about July 22, 2019, the Agency for Health Care Administration shut down the assisted living facility. DOH v. Frontela, M.D. Case Number 2019-37607 Page 2 of 7 11. On or about August 15, 2019, the daughter of a former resident contacted the Hialeah Police Department and told them that she believed Respondent was exploiting R.L. 12. On or about August 16, 2019, Respondent was arrested for felony exploitation of the elderly in Miami-Dade County. 13. After subsequent investigation, the Hialeah Police Department also found a Do Not Resuscitate Order for R.L., signed by Respondent, which was prepared without R.L.’s knowledge or consent. COUNT I 14. Petitioner re-alleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 15. Section 456.072(1)(n), Florida Statutes (2018-2019), provides that exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party is grounds for discipline. 16. As described more fully above, Respondent exercised influence over her patient for the purpose of financial gain by making herself co- owner of R.L.’s home without his knowledge or consent, and subsequently demanding he make rent payments, and operating an unlicensed assisted living facility in his home without his consent. DOH v. Frontela, M.D. Case Number 2019-37607 Page 3 of 7 17. Based on the foregoing, Respondent has violated section 456.072(1)(n) Florida Statutes (2018-2019) by exercising influence on her patient or client for the purpose of financial gain. COUNT II 18. Petitioner re-alleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 19. Section 456.072(1)(a), Florida Statutes (2018-2019), provides that making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee's profession is grounds for discipline. 20. As described more fully above, Respondent made misleading, deceptive, or fraudulent representations related to the practice of her profession when she told R.L. that he was signing medical forms when he was actually signing a deed to his property and a Do Not Resuscitate Order. 21. Based on the foregoing, Respondent has violated section 456.072(1)(a) Florida Statutes (2018-2019) by making misleading, deceptive, or fraudulent representations related to the practice of her profession. DOH v. Frontela, M.D. Case Number 2019-37607 Page 4 of 7 COUNT III 22. Petitioner re-alleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 23. Section 456.072(1)(m), Florida Statutes (2018-2019), 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 is grounds for discipline. 24. As described more fully above, Respondent made deceptive, untrue, or fraudulent representations in or related to the practice of her profession or employing a trick or scheme in or related to the practice of her profession by making herself co-owner of R.L.’s home without his knowledge or consent, creating a Do Not Resuscitate Order for R.L. without his knowledge or consent, and subsequently demanding he make rent payments, and operating an unlicensed assisted living facility in his home without his consent. 25. Based on the foregoing, Respondent has violated section 456.072(1)(m) Florida Statutes (2018-2019) by making deceptive, untrue, or fraudulent representations in or related to the practice of her profession DOH v. Frontela, M.D. Case Number 2019-37607 Page 5 of 7 or employing a trick or scheme in or related to the practice of her 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. SIGNED this 29th day of July, 2020. Scott A. Rivkees, M.D. FILED State Surgeon General DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: Amanda Morale. ffs DATE: 07/29/2020 ° William E Wallecr William E Walker Florida Bar No.: 0123716 Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Telephone (850) 558-9876 Fax (850) 245-4684 E-mail: william.walker@flhealth.gov PCP Date: June 26, 2020, moved to July 24, 2020 PCP Members: G. El-Bahri, M.D., S. Ackerman, M.D. & Joy Tootle DOH v. Frontela, M.D. Case Number 2019-37607 Page 6 of 7 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. Frontela, M.D. Case Number 2019-37607 Page 7 of 7

Docket for Case No: 20-004873PL