Findings Of Fact Respondent immigrated to the United States in 1974. He began practicing medicine in Orlando in 1977, specializing in obstetrics and gynecology. His medical doctor's license issued by the Florida Board of Medical Examiners has been in force at all times relevant. In October, 1977, Respondent began treating Ms. Patricia King for menstrual pain and an infection. In January, 1978, King requested that Respondent prescribe Dilaudid 1/ for pain. He did so, and thereafter through April, 1978, prescribed an approximate total of 333 Dilaudid tablets for King. According to the Physician's Desk Reference, Dilaudid is an opiate which can create psychic and physical dependence. Dilaudid is indicated for the relief of moderate to severe pain such as that due to surgery, cancer, soft tissue and bone trauma, biliary colic, myocardial infarction, burns, or renal colic. None of these conditions was present in regard to King or any other patient discussed herein. During the early months of 1978, Respondent became aware that King was addicted to Dilaudid but continued to prescribe this drug for her on the representation that she would seek therapy for her addiction. She also informed Respondent that she was selling some of the Dilaudid tablets and offered to share the proceeds with him. King usually left 25 or 50 at his office in payment for his cooperation. Respondent denies that he asked for this money, totaling $450 to 500, but admitted that he did not return it. During this period, Mr. Billy Pressley began bringing women to Dr. Agrawal ostensibly for treatment. However, Respondent did little more than write prescriptions for Dilaudid and other controlled substances for these individuals. In some cases Pressley did not even bring the purported patient, but merely came to Respondent's office to pick up prescriptions for controlled substances in the names of third persons. In early 1978, Respondent attempted to discontinue his relationship with Pressley and King. However, he was intimidated by their threats and fear of exposure, and continued to write the prescriptions they demanded. On April 19, 1978, police were summoned to Respondent's home to investigate a broken screen. Subsequently, Pressley and King arrived and were arrested by the police and charged with extortion. As a result of the investigation, Respondent was charged with "Delivery of Dilaudid, A.C.S." and entered a plea of Nolo Contendere in the Circuit Court of Orange County. By order issued on April 13, 1979, Respondent was placed on 12 years probation, adjudication of guilt withheld. He thereafter moved to Okeechobee where he has practiced medicine at the Florida Community Health Center without incident. The investigation of Respondent revealed that during March and early April, 1978, he issued two or more dilaudid prescriptions to a Ms. Lynn Elland or others in the name of Elland. Respondent admitted to police that he gave Billy Pressley a Dilaudid prescription for Lynn Elland on April 2, 1978. According to this statement, Pressley provided Respondent with extra money in order to obtain prescriptions for controlled substances. Between approximately February 3 and 24, 1978, Respondent issued prescriptions to Pressley for Quaalude, 2/ 300 mg., 30 tablets, Dilaudid, 4 mg., 60 tablets and Preludin, 3/ 75 mg., 30 tablets. Further, Respondent provided Pressley with a prescription for Dilaudid in the name of Ms. Kim Taekaberry. Between January and April, 1978, Respondent issued approximately four additional prescriptions for Dilaudid, 4 mg., totaling about 90 tablets, in the name of Kim Taekaberry. Respondent acknowledged to police his awareness that Pressley was using Taekaberry in order to obtain Dilaudid prescriptions. Between late January and mid-February, 1978, Respondent issued two prescriptions for Dilaudid, 4 mg., totaling 45 tablets, in the name of Molly Lynch. Respondent acknowledged to police officers that Pressley was also using Lynch to obtain Dilaudid. Between February and April, 1978, Respondent issued approximately four prescriptions for Dilaudid, 4 mg., totaling about 99 tablets, to Ms. Kimberly Skinner. Respondent could not recall whether Skinner had been a patient or the reason he prescribed this medication for her. Between late January and early February, 1978, Respondent issued approximately two prescriptions for Dilaudid, 4 mg., totaling about 30 tablets to Ms. Linda Cleary. Similarly, the Respondent could not recall why he prescribed this medication for Cleary. Between approximately February 2, 1978, and March 21, 1978, Respondent prescribed Preludin, 75 mg., 60 tablets, and Quaalude, 300 mg., 20 tablets to Mr. Gunter Bachman. The Respondent acknowledged in his initial confession to police that he did not maintain patient records for Bachman. Further, it should be noted that Respondent's practice in obstectrics and gynecology would not have involved the treatment of male patients. Between February 24 and April 11, 1978, Respondent issued five prescriptions for Dilaudid, totaling approximately 70 tablets, to Mr. Robin Connelly. Respondent advised police that Connelly complained of chest pains and informed Respondent that he took Dilaudid. Considering the nature of the Respondent's practice, his claim that he was treating Connelly for chest pains is not credible. Further, Respondent's admission to police that on March 28, 1978, he gave Connelly a prescription in the name of Kathy Hosford without examining Ms. Hosford further discredits his explanation of the Connelly chest pains prescription. Between January 3 and March 3, 1978, Respondent issued approximately twelve prescriptions of Dilaudid, 4 mg., totaling approximately 289 tablets, to Mr. Nick Dearie. Respondent admitted to police that Dearie gave him extra money to provide these prescriptions.
Recommendation From the foregoing, it is RECOMMENDED that Respondent be found guilty of Counts 1, 5, 8, 11, 14, 17, 20, 23, 29, and 32 as charged. It is further RECOMMENDED that all other counts be dismissed. It is further RECOMMENDED that the Board of Medical Examiners issue a reprimand to Respondent based on the findings herein. It is further RECOMMENDED that the Board of Medical Examiners place Respondent on probation, under the supervision of a designated physician, for a period of five years. It is further RECOMMENDED that the Board of Medical Examiners withdraw Respondent's authority to prescribe medication controlled under the provisions of Chapter 893, Florida Statutes, by restriction of his license for a period of five years. It is further RECOMMENDED that Respondent be required to successfully complete a course of study in pharmacology prior to removal of his license restriction. RECOMMENDED this 22nd day of October, 1981, in Tallahassee, Florida. R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of October, 1981.
Conclusions THIS CAUSE comes before the State of Florida, Agency for Health Care Administration, (“the Agency”) regarding certificate of need ("CON") application number 10157 filed by Tallahassee Medical Center, Inc. d/b/a Capital Regional Medical Center (“CRMC”) and CON application number 10156 filed by Bay Hospital, Inc. d/b/a Gulf Coast Medical Center (*GCMC”). 1. CRMC filed a CON application which sought the establishment of a 12-bed comprehensive medical rehabilitation unit within its hospital located in Leon County, Florida, Service District 2. The Agency denied CRMC’s CON application 10157. 2. GCMC filed a CON application which sought the establishment of a 20-bed comprehensive medical rehabilitation unit within its hospital located in Bay County. Florida, Service District 2. The Agency denied GCMC’s CON application 10156. 3. Both parties filed a petition for formal hearing challenging the Agency’s denials of their respective CON applications. 4. Both parties have since voluntarily dismissed their petitions for formal hearing. 5. Based upon these voluntary dismissals, the Division of Administrative Hearings entered an Order Closing Files in the above styled matter. IT IS THEREFORE ORDERED: 6. The denial of CRMC’s CON application 10157 is UPHELD. 7. The denial of GCMC’s CON application 10156 is UPHELD. ORDERED in Tallahassee, Florida on thie 2 day of Crfebe_ . 2013. hob Py eclets Elizabeth Dudk, Secretary Agency for Health Care Administration
Other Judicial Opinions A party who is adversely affected by this final order is entitled to judicial review, which shall be instituted by filing the original notice of appeal with the agency clerk of AHCA, and a copy along with the filing fee prescribed by law with the district court of appeal in the appellate district where the Agency maintains its headquarters or where a party resides. Review proceedings shall be conducted in accordance with the Florida appellate rules. The notice of appeal must be filed within 30 days of the rendition of the order to be reviewed. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. Mail or electronic mail to the persons named below on this f 3S day of /Voye—he/ . 2013. Richard J. Shoop, Agency Cler Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 412-3630 Janice Mills Facilities Intake Unit Agency for Health Care Administration (Electronic Mail) James McLemore, Supervisor Certificate of Need Unit Agency for Health Care Administration (Electronic Mail) James H. Peterson, IE] Administrative Law Judge Division of Administrative Hearings | (Electronic Mail) Lorraine M. Novak, Esquire Assistant General Counsel Agency for Health Care Administration (Electronic Mail) Stephen A. Ecenia, Esquire R. David Prescott, Esquire Rutledge Ecenia, P.A. 119 South Monroe Street, Suite 202 Tallahassee, Florida 32302 Counsel for CRMC and GCMC (U.S. Mail) R. Terry Rigsby, Esquire Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. 215 South Monroe Street, 2"! Floor Tallahassee, Florida 32301 Counsel for HealthSouth { (US. Mail)
Conclusions THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning the Administrative Complaint (Ex. 1) filed against LIFE CARE CENTER OF JACKSONVILLE (hereinafter “Life Care-Jacksonville"), on April 28, 2008, regarding for Life Care-Jacksonville’s failure to comply with its Medicaid conditions as reported to the Agency. 1. Life Care-Jacksonville filed an Amended Petition for Formal Administrative Hearing challenging the Administrative Complaint. 2. The parties have since entered into the attached Settlement Agreement. (Ex. 2) It is ORDERED that: 1. The attached Settlement Agreement is adopted and the parties are directed to comply with the terms of the Settlement Agreement. 2. The Administrative Complaint is withdrawn. Filed December 19, 2011 4:03 PM Division of Administrative Hearings 3. The parties are responsible for their respective fees and costs. DONE AND ORDERED this 3 day of Dee ber , 2011, in Tallahassee, Florida.
