STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, V. DOH CASE NO.: 2020-11814 VALERY ANN NIEDERMEYER, 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, Valery Ann Niedermeyer, M.D., and alleges: 1. Petitioner is the state agency charged with regulating medicine pursuant to section 20.43, Florida Statutes (2020), and chapters 456 and 458, Florida Statutes (2020). 2. Atall times material to this complaint, Respondent was licensed as a medical doctor within the State of Florida, having been issued license number ME 77490. 3. Respondent's address of record is P.O. Box 120100, Melbourne, Florida 32912. 4. Atall times material to this Complaint, Respondent was employed by Treasure Coast Community Health, (TCCH) located in Vero Beach, Florida. 5. On August 25, 2020, upon the order of the Department, Respondent underwent an independent medical evaluation with Laurie A. Solomon, M.D., (Dr. Solomon) a physician specializing in addiction medicine and psychiatry. 6. Dr. Solomon diagnosed Respondent with mild alcohol use disorder and/or bipolar disorder with unspecified mania. 7. Dr. Solomon opined that Respondent is not able to practice medicine with reasonable skill and safety to patients. 8. Section 458.331(1)(s), Florida Statutes (2020), authorizes discipline for being unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. 9. Respondent is unable to practice medicine with reasonable skill and safety to patients due to one or more of the following: (a) Alcohol use disorder; and/or (b) Bipolar disorder. DOH v. Niedermeyer, M.D. Case No. 2020-11814 10. Based on 458.331(1)(s). the foregoing, Respondent violated section 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 16th day of October 2020. FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: Amanda Morales DATE: 10/19/2020 PCP: October 16, 2020 Scott A. Rivkees, M.D. State Surgeon General /s/Amanda M. Godbey Amanda M. Godbey Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 1000352 (850) 558-9873 (850) 245-4681 FAX Amanda.Godbey@flhealth.gov PCP Members: Avila, Zachariah, Gerbert, Romanello DOH v. Niedermeyer, M.D. Case No. 2020-11814 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. Niedermeyer, M.D. Case No. 2020-11814

Docket for Case No: 20-005448PL