STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. a CASE NO. 2018-25819 MANUEL JOSE MARTINEZ, M.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Medicine (Board) against Respondent Manuel Jose Martinez, 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 (2018); and Chapters 456 and 458, Florida Statutes (2018). 2. At all times material to this Complaint, Respondent was licensed to practice as a medical doctor within the State of Florida, having been issued license number ME 120669. 3. At all times material to this Complaint, Respondent's address of record was 513 Tintillo Hills, Guaynado, Puerto Rico, 00966. 4. On or about March 26, 2018, Respondent underwent an evaluation by Charles L. Smith, D.O. (Dr. Smith), an osteopathic physician resident, and Jason M. Hunt, M.D. (Dr. Hunt), a physician specializing in addiction medicine. 5. Dr. Smith and Dr. Hunt diagnosed Respondent with alcohol use disorder, severe; and unspecified neurocognitive disorder. 6. The same day, Respondent entered the partial hospitalization treatment program at Florida Recovery Center (FRC), in Gainesville, Florida. 7. While in treatment at FRC, Respondent received a diagnosis of cognitive dysfunction, alcohol related. 8. Respondent had multiple incidents of medication noncompliance and mental confusion during treatment at FRC. "9, On or about October 29, 2018, FRC medical staff conducted an emergency involuntary admission of Respondent to UF Health Shands Psychiatric Hospital (UF Shands), pursuant to the Marchman Act.+ 1 The Marchman Act allows for involuntary assessment and treatment of individuals who: (1) have lost the power of self-control over their substance abuse; (2) do not appreciate thelr own need for help and cannot make rational decisions regarding their care as a result of their substance abuse; (3) have become a danger to themselves or others. 2 Administrative Complaint Dep't of Health v. Manuel Jose Martinez, M.D. DOH Case No. 2018-25819 10. Respondent was involuntarily treated at UF Shands for approximately one week. 11. FRC medical staff determined that Respondent was unable to maintain his activities of daily living. 12. On or about November 7, 2018, Respondent was transferred to an assisted living facility. 13. On or about November 7, 2018, William M. Greene, M.D. (Dr. Greene), a physician specializing in psychiatry who had treated Respondent at UF Shands, opined that Respondent may not be competent to sign legal documents. . 14. On or about November 13, 2018, Dr. Greene opined that Respondent's practice of medicine poses a safety risk to the public. 15. Onor about November 19, 2018, Jamie R. Smolen, M.D. (Dr. Smolen), a physician specializing in addiction medicine who treated Respondent at FRC, opined that Respondent was not safe to practice medicine. 16. Section 458.331(1)(s), Florida Statutes (2018), authorizes the Board to impose discipline against a medical doctor for being unable to practice medicine with reasonable skill and safety to patlents by reason of Achministrative Complaint ; Dep't of Heaith v. Manuel Jose Martinez, M.D. DOH Case No. 2018-25819 illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. 17. Respondent is unable to practice medicine with reasonable skill and safety to patients due to one or more of the following: a. Severe alcohol use disorder; b. Unspecified neurocognitive disorder; and/or c. _ Alcohol-related cognitive dysfunction. 18. Based on the foregoing, Respondent violated Section 458.331(1)(s), Florida Statutes (2018). WHEREFORE, Petitioner respectfully requests that the Board 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. Administrative Complaint Dep't of Health v. Manuel Jose Martinez, M.D. DOH Case No. 2018-25819 SIGNED this 2574 day of Tanwary , 2019. Respectfully submitted, MELA Andrew J. Pietrylo, Jr. Assistant General Counsel FL DOH Prosecution Services Unit DEPUTY CLERK 4052 Bald Cypress Way, Bin C-65 CLERK: Grnaglarnouitey~ Tallahassee, FL 32399-3265 Florida Bar Number 118851 (P) (850) 558-9905 pare aN 2 5 2019. (F) (850) 245-4662 (E) Andrew.Pietrylo@flhealth.gov FILED DEPARTMENT OF HEALTH PCP Meeting: January 25, 2019 PCP Members: El-Bahri, Lopez & Goersch Administrative Complaint Dep't of Health v. Manuel Jose Martinez, M.D. DOH Case No. 2018-25819 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 any other discipline imposed. Administrative Complaint Dep't of Health v. Manuel Jose Martinez, M.D. DOH Case No. 2018-25819

Docket for Case No: 21-000507PL