- STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, ve CASE NUMBER: 2019-34647 BHARAT MANHAR TOLIA, M.D. RESPONDENT. re | ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Bharat Manhar Tolia, 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 99166. 3. | Respondent’s address of record is 3868 Vista Lane, Orchard Lake, Michigan 48323. 4. On or about July 17, 2019, the Michigan Board of Medicine entered a consent order that placed Respondent on probation, assessed a fine of six thousand dollars ($6,000.00), and ordered Respondent to complete continuing education. 5. The Michigan Board of Medicine is the licensing authority for the practice of medicine in the state of Michigan. 6. The discipline imposed by the Michigan Board of Medicine stemmed from allegations that Respondent engaged in conduct which constituted negligence, a failure to exercise due care, incompetence, a lack of good moral character, and conduct by a licensee that is or could reasonably be interpreted as sexual in nature. 7. Respondent did not update his Florida practitioner profile to reflect the discipline imposed by the Michigan Board of Medicine within fifteen (15) days. DOH v. Bharat Manhar Tolia, M.D. Case Number 2019-34647 2 COUNT I 8. Petitioner re-alleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein. 9. Section 458.331(1)(b), Florida Statutes (2019), provides that having a license or the authority to practice medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies and subdivisions, is grounds for discipline. 10. Onor about July 17, 2019, the Michigan Board of Medicine took action against Respondent's license by placing Respondent on probation, assessing a fine of six thousand dollars ($6,000.00), and ordering Respondent to complete continuing education. 11. Based on the foregoing, Respondent has violated Section 458.331(1)(b), Florida Statutes (2019), by having his license to practice medicine in the state of Michigan acted against. DOH vy. Bharat Manhar Tolia, M.D. Case Number 2019-34647 3 COUNT II 12. Petitioner re-alleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 13. Pursuant to Section 456.041(1)(a), Florida Statutes (2019) the Department of Health shall compile information submitted pursuant to Section 456.039 into a practitioner profile for an applicant submitting information for licensure. 14. Pursuant to Section 456.039(1)(a)8, Florida Statutes (2019), the applicant must provide a description of any final disciplinary action taken within the previous ten (10) years against the applicant by the agency regulating the profession that the applicant is or has been licensed to practice, whether in this state or any other jurisdiction. 15. Pursuant to Section 456.042, Florida Statutes (2019), a practitioner must submit practitioner profile updates of required information within fifteen (15) days after the final activity that renders such information a fact. An updated profile is subject to the same requirements as an original profile. 16. Section 456.072(1)(w), Florida Statutes (2019), provides that failing to comply with the requirements for profiling and credentialing, DOH vy. Bharat Manhar Tolia, M.D. Case Number 2019-34647 4 including, but not limited to, failing to provide initial information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal application is grounds for discipline. 17. On or about July 17, 2019, the Michigan Board of Medicine took action against Respondent's license by placing Respondent on probation, assessing a fine of six thousand dollars ($6,000.00), and ordering Respondent to complete continuing education. 18. Respondent failed to comply with the requirements for profiling by failing to provide a description of the action taken by the Michigan Board of Medicine against his license within fifteen (15) days of such action. 19. Based on the foregoing, Respondent has violated Section 456.072(1)(w), Florida Statutes (2019), by failing to comply with the requirements for profiling. 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 DOH y. Bharat Manhar Tolla, M.D. Case Number 2019-34647 5 fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this Z3cck day of December 2019. Scott A. Rivkees, M.D. State Surgeon General FILED DbbanG Wobhyr DEPARTMENT OF HEALTH William E Walker DEPUTY CLERK Florida Bar No.: 0123716 CLERK: A Torus Assistant General Counsel pate: DEC 2 3 2019 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: December 20, 2019 PCP Members: Mark Avila, M.D., Magdalena Averhoff, M.D., Nicholas Romanello DOH y, Bharat Manhar Tolla, M.D. Case Number 2019-34647 6 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. Bharat Manhar Tolla, M.D. Case Number 2019-34647 7

Docket for Case No: 21-001206PL