Findings Of Fact Lawrence A. Johnson, D.C., is duly qualified and licensed to practice as a Chiropractor in the State of Florida. Dr. Johnson holds a license issued by the Florida State Board of Chiropractic Examiners. From on or about July 18, 1975 until August 18, 1975, Dr. Johnson treated Mabel-Ann Miller. Ms. Miller had been having pain in her back and legs and was seeking chiropractic treatment in the hope of alleviating the pain. Ms. Miller visited Dr. Johnson's office on approximately twenty occasions during the one month that she was under his care. The testimony from several of the witnesses was understandably somewhat vague with respect to what was said or done on any given visit. It is apparent, however, that during the early consultations with her, Dr. Johnson told her that he could help her, and that more than a year of treatment would be necessary. Dr. Johnson initially represented to her that the cost of treatment would be approximately $200, and that she would be permitted to pay $5 per week and the remainder when she finished her schooling. Dr. Johnson diagnosed a degenerated or herniated disc, a scoliosis or curvature of the spine, and a pelvic obliquity. Dr. Johnson told Ms. Miller that she was loosing fluid from her spine, and that unless she received immediate chiropractic treatment she would require an operation within a year, that the operation would have only a 50/50 chance of success, and that without chiropractic treatment she would stand a very good prospect of spending her life in a wheelchair. Mabel-Ann Miller's boyfriend, Chuck Alexander, had been Dr. Johnson's patient prior to the time that Ms. Miller went to Dr. Johnson. Alexander told Dr. Johnson about Ms. Miller, and prior to Ms. Miller's seeing Dr. Johnson as a patient, Alexander agreed to pay all of her expenses that she could not pay herself. He signed an agreement to this effect (licensee's Exhibit 6). The existence of this side agreement was not revealed to Ms. Miller until her second, third, or fourth visit. Ms. Miller became incensed at the arrangement, and told Dr. Johnson that she would pay her own bills. Dr. Johnson then related to her that the cost of her treatments would exceed $1,000. He told her that he would treat her on a "case fee" basis for $1,060.30. It was agreed that she would pay him a small portion of this case fee until she finished her schooling and was able to pay the entire bill. There after Dr. Johnson endeavored to have Ms. Miller sign a note for the "case fee". He initially requested 7 percent interest on the note, but later changed that amount to 5 percent. A copy of an agreement to pay which Dr. Johnson presented to Ms. Miller was received in evidence as Board Exhibit 6. Ms. Miller never signed the agreement. The testimony respecting Mabel-Ann Miller's condition varied somewhat. Dr. Johnson's diagnosis did not vary to an extraordinary degree, however, from the diagnosis given by other chiropractors, and by Dr. Hobby, a Medical Physician. The most creditable testimony demonstrates that Ms. Miller had a very mild curvature of the spine or scoliosis. She suffered a pelvic obliquity. Her left pelvis was 1.2 centimeters higher than her right pelvis. The pain being suffered by the patient was primarily muscular in nature. Ms. Miller would have benefited from chiropractic treatments, but her condition was not so severe as to require more than a year of intensive chiropractic therapy. Primarily she needed a good exercise program. After leaving Dr. Johnson's care, Ms. Miller submitted to the care of Dr. Hobby, who advised that she use an elevation on her shoe to level the pelvis and engage in an exercise program. She followed Dr. Hobby's advice, and at least up until the time of the hearing her condition improved, and she was no longer suffering pain. As has been said, Dr. Johnson's diagnosis of Ms. Miller's condition was not inaccurate. His statements respecting the severity of the condition were, however, quite exaggerated. Any disc deterioration that Ms. Miller suffered was very slight. Her scoliosis was not so severe as to require intensive chiropractic treatment. Her pelvic obliquity was not a severe problem. Dr. Johnson's statement that she would require surgery if she did not receive immediate chiropractic attention was not true. Neither was it true that she would require more than a year of intense chiropractic treatment. Dr. Johnson frequently utilized the "case fee" system of billing, and he attempted to utilize this system in billing Mabel-Ann Miller. Under the "case fee" system, a patient pays a lump sum for all needed chiropractic treatment rather than a per-visit fee. The testimony revealed that the average per-visit fee for chiropractic services in the St. Petersburg area varied from $8 to $12. Dr. Johnson's quoted "case fee" of more than $1,000 is so out of line with typical fees charged in the St. Petersburg area as to raise suspicions respecting Dr. Johnson's motives. There was no reason to expect that Ms. Miller required so many treatments as to justify such a case fee. Dr. Johnson's exaggerated statements respecting her condition could only have been motivated by his desire to have her contract for a fee far out of line with fees normally charged in the St. Petersburg area, and far out of line with the nature of treatment that Ms. Miller needed whatever fees were charged. Since Ms. Miller never signed a note agreeing to a "case fee" Dr. Johnson rendered her a statement for services on a per-visit or per-service basis. The statement was for $1,411.16. Ms. Miller visited Dr. Johnson's office on fewer than twenty occasions. Although she enjoyed the full range of services available at Dr. Johnson's office during these visits, the treatment and services she received were not remotely worth the amount which Dr. Johnson billed her. Dr. Johnson never had any agreement with the patient which would have justified such a bill which so far exceeds the community standards of the value of chiropractic services. During the time that Ms. Miller was under Dr. Johnson's care she received treatment known as Galvanic treatment in his office. A Galvanic machine renders heat to areas of the patient's body where the pads from the machine are placed. Use of the machine is somewhat risky in that a patient can be burned as a result of errors that are easy to make. Galvanic treatment was rendered to Ms. Miller at Dr. Johnson's office by Barbara Duynslager. Ms. Duynslager was trained in use of the Galvanic machine primarily by Dr. Johnson's wife, who served as Dr. Johnson's office manager. Dr. Johnson witnessed Ms. Duynslager using the machine on two occasions. Generally she was supervised in use of the machine, if at all, by Dr. Johnson's wife. It is normal procedure in the St. Petersburg area for chiropractic assistants to watch from five to ten Galvanic treatments and to be closely supervised on from five to ten more treatments before they are permitted to administer treatments unsupervised. Ms. Duynslager was given less training than that. Given the community standards, and given the risk involved in using the machine, it is apparent that Ms. Duynslager was not adequately trained. During the time that she was being treated, Ms. Miller received a minor burn on her lower back. There was no direct testimony from which it could be concluded that the burn came from the Galvanic machine; however, there is ample circumstantial evidence from which it can be determined that she did receive the burns from the machine. The burns appeared during the time she was receiving Galvanic treatment, the nature of the irritation is consistent with a Galvanic burn, and no other source of such an irritation was known. There was no evidence from which it could be determined that Barbara Duynslager was negligent in using the machine; however, the existence of the burn dramatizes the necessity for careful training on the machine. During late September and early October, 1975, Dr. Johnson consulted Philip W. Settepani, as a patient. Mr. Settepani was experiencing back pains, and he sought chiropractic assistance from Dr. Johnson. Dr. Johnson showed Settepani x-rays of his back, and described what Dr. Johnson characterized as "spurs" on the x-rays. Mr. Settepani was quite upset at what he saw on the x- rays, and he eventually sought and received chiropractic treatment from a Dr. Tilka rather than Dr. Johnson. Dr. Tilka did not describe Mr. Settepani's condition as "spurs". This led Mr. Settepani to believe that Dr. Johnson either made an erroneous diagnosis or misrepresented the diagnosis in order to scare the patient. Several of the expert witnesses who testified identified Mr. Settepani's condition as spurs . It is apparently the use of that term which caused Mr. Settepani to complain to the Board of Chiropractic Examiners. There is no evidence from which it could be concluded that Dr. Johnson made an erroneous diagnosis of Mr. Settepani, or made any fraudulent or misleading statements to Mr. Settepani. In early February, 1976, Ms. Shirley Sabo visited Dr. Johnson's office as a patient. Dr. Johnson's wife told Ms. Sabo that Dr. Johnson never had a patient he couldn't cure, and that the cure would be quick. There was no evidence from which it could be determined that these statements were authorized by Dr. Johnson. Dr. Johnson informed the patient that she would require approximately one year of treatment, and that the cost would be $1,000. Ms. Sabo did not continue treatment with Dr. Johnson. She eventually received treatment from another Chiropractor and was billed $160 for x-rays and twelve visits. The fee quoted by Dr. Johnson was far out of line with customary fees in the St. Petersburg area, and is difficult, if not impossible, to justify. Nonetheless, there is no evidence from which it could be determined that Dr. Johnson misrepresented any facts to Ms. Sabo. Dr. Johnson instituted two law suits under the name Accident & Industrial Injury Clinic, Inc. The name Accident & Industrial Injury Clinic, Inc. was recorded in the public records of Pinellas County as a fictitious name for Johnson Chiropractic Clinic. Dr. Johnson performs as a sole practitioner. There was no other evidence respecting any advertising undertaken by Dr. Johnson in the name of a clinic, or any announcements made by Dr. Johnson that his office was a clinic.
Findings Of Fact The Respondent, Joseph A. Buttacavoli, is a licensed chiropractor, having been issued license number 00335. The Respondent practices chiropractic at 7162 Beneva Road, Sarasota, Florida 33583. (See Prehearing Stipulation.) On July 6, 1981, Jeffrey Goldman responded to the Respondent's newspaper advertisement offering a free examination. (See Prehearing Stipulation; Tr. 15.) On July 6, 1981, Goldman was complaining of pain in the neck radiating into the left shoulder. The pain was recent in origin, having started a few weeks prior to July 6, 1981. Goldman had suffered similar problems during the past 10 or 12 years on an intermittent basis, but this instance was more intense than previously experienced. (Tr. 12, 13.) The Respondent performed a free examination consisting of certain orthopedic and neurological tests. (Tr. 73, 77.) The Respondent did not record in writing the results of this examination. (Tr. 117.) Two of the tests were positive on Goldman's left side. (Tr. 73-77.) After completion of the examination, the Respondent tentatively diagnosed a pinched nerve in the neck and recommended to Goldman that x-rays be taken. (Tr. 78.) Goldman consented to the x-rays and was charged $80 for four x-rays which were taken. (See Prehearing Stipulation.) After the x-ray examination, the Respondent concluded that Goldman had a straightening of the normal cervical spine, some arthritic spurring and disc degeneration at the C4/C5 and C5/C6 level, and several vertebral misalignments. (See Prehearing Stipulation; Tr. 87.) The Respondent advised Goldman that his condition was serious and recommended treatment for 90 days. (See Prehearing Stipulation.) The Respondent told Goldman what the 90 days' treatment would cost and advised Goldman that the cost would be less if paid in advance. The Respondent practices a chiropractic technique known as Grostic or orthospinology. (Tr. 53, 55.) A diagnosis cannot be reached without x-rays using the Grostic technique, and the Respondent takes x-rays in every case except those in which the problem is muscular or x-rays are refused by the patient. (Tr. 115, 116.) The preliminary or free examination is the basis for the Respondent's recommending that x-rays be taken. (Tr. 117.) In the Grostic technique, a complex analysis of x-rays is the basis for a final diagnosis. This requires that x-rays be taken of the patient to apply the technique. (Tr. 59-63, 117-118.) In addition to the x-rays, which were kept by the Respondent as part of the record, Goldman's history/interview form was also maintained. (Tr. 48.) The x-rays on file and the medical history form constitute sufficient justification for the recommendation made by the Respondent to Goldman. The diagnosis of Goldman's problem was based upon his history, a physical examination and x-ray findings. These findings were reviewed by Dr. George Stanford Pierce, who verified the Respondent's suggested course of treatment based upon the records the Respondent maintained. (Tr. 150.) Goldman refused further treatment by the Respondent. (Tr. 26.) No evidence was received that the Respondent practiced chiropractic with less than the required level of care, skill and treatment recognized by reasonably prudent chiropractic physicians as being acceptable under similar conditions and circumstances.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Administrative Complaint filed by the Petitioner against the Respondent, Joseph A. Buttacavoli, be dismissed. DONE and RECOMMENDED this 12th day of July, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 12th day of July, 1983. COPIES FURNISHED: Diane K. Kiesling, Esquire 517 East College Avenue Tallahassee, Florida 32301 Michael R. N. McDonnell, Esquire 600 Fifth Avenue, South, Suite 301 Post Office Box 8659 Naples, Florida 33941 Frederick Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Jane Raker, Executive Director Board of Chiropractic 130 North Monroe Street Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER =================================================================
The Issue Whether the license, No. 1454, issued to licensee should be revoked, annulled, withdrawn or suspended.
Findings Of Fact The Florida State Board of Chiropractic Examiners filed an Administrative Complaint against licensee Stanley Turner, D.C., who holds license number 1454. Count I alleged Respondent made sexual advances toward four patients. Count II alleged that Respondent made improper sexual advances toward employees. Count III alleged that Respondent has been addicted to the habitual use of narcotics, stimulants, or other habit-forming drugs since July 1, 1975. Count IV alleged that Respondent made improper sexual advances on a patient under the guise of necessary chiropractic treatment. Count V alleged that Respondent offered and administered medicines and drugs to two patients. Count VI was dropped at the hearing. Count VII was dropped at the hearing. Count VIII alleged that the foregoing Counts constitutes unprofessional conduct. Respondent denied each of the allegations of the Petitioner. The testimony of the various women who testified against Dr. Turner, together with the testimony of the women who testified for Dr. Turner, does not establish the fact that "improper sexual advances" were actually made by the Respondent, Dr. Turner. The nature of the practice of acupuncture and of the practice of chiropractic is such that the procedures themselves could be misleading as to the intent of the practitioner. Testimony of six medical doctors and two dentists that they had filled prescriptions for the Respondent, Dr. Turner, which prescriptions were for various drugs, Valium, Darvocet, Milhouse, Percodan, Tylenol, Robaxin, was coupled with their testimony that they issued these drugs through "professional courtesy" without ordinary examinations of the patient and that in fact Dr. Turner did suffer from a variety of ills including a back injury, an accident with a horse, and "hangovers." The evidence submitted does not establish that the Respondent took all of these drugs himself or was addicted to the habitual use of narcotics, stimulants or the habit-forming drugs. It does establish that drugs were secured by Dr. Turner in a manner and amount that could be and perhaps was embarrassing to those doctors who wrote the prescriptions for Respondent. The evidence does not support a finding that drugs were offered or administered to patients and employees and other persons. The testimony does establish that the Respondent was guilty of unacceptable conduct inasmuch as the testimony as a whole establishes the fact that Dr. Turner did take advantage of the medical community in requesting prescriptions and that his conduct toward his clients and employees was casual and at times undignified.
Recommendation Give Respondent Stanley Turner a public reprimand then dismiss the complaint. DONE and ORDERED this 7th day of April, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302 Charles F. Broome, Esquire Post Office Box 729 Titusville, Florida 32780 =================================================================
The Issue The issues in this case are whether Respondent, Robert Paul Catanese, D.C., violated Section 456.072(1)(c), Florida Statutes (2001)-(2006), and Section 560.413(1)(c), Florida Statutes (2001)-(2006), as alleged in the Administrative Complaint, filed by Petitioner, the Department of Health, on January 23, 2007, in DOH Case Number 2006-03224, and subsequently amended; and, if so, what disciplinary action should be taken against his license to practice chiropractic medicine in the State of Florida.
Findings Of Fact The Parties. Petitioner, the Department of Health (hereinafter referred to as the "Department"), is the agency of the State of Florida charged with the responsibility for the investigation and prosecution of complaints involving chiropractic physicians licensed to practice medicine in Florida. § 20.43 and Chs. 456 and 460, Fla. Stat. (2006). Respondent, Robert Paul Catanese, D.C., is, and was at all times material to this matter, a chiropractic physician licensed to practice medicine in Florida pursuant to Chapter 460, Florida Statutes. The Indictment and Conviction. On or about February 2, 2006, Dr. Catanese was indicted in United States of America v. Joseph Sutera, Eric Ressner, Agustin Castellanos, Robert Catanese, and Stephanie Mirante, United States District Court, Southern District of Florida, Case No. 06-80020 CR, (hereinafter referred to as the "Indictment"). Dr. Catanese was charged with conspiracy to commit healthcare fraud in violation of 18 U.S.C. § 371. Generally, the indictment alleges that Dr. Catanese, between June 2001 and September 2005, transferred private health insurance information concerning his patients to a co- conspirator, Joseph Sutera, knowing that the information would be used to submit false and fraudulent claims for reimbursements for Ketamine and other prescription medications. As it relates to Dr. Catanese, the indictment was predicated upon the following allegations of “Background” fact: Defendant ROBERT CATANESE was a licensed doctor of chiropractic and the owner Catanese Chiropractic Center, a clinic through which he offered chiropractic services and through which he employed licensed physicians, including defendant AUGUSTIN CASTELLANOS, to write prescriptions and provide other medical services for his patients. Count One of the Indictment charges Dr. Catanese with conspiracy in violation of 18 U.S.C., § 347, alleging the following facts: . . . . 22. Defendant ROBERT CATANESE transferred the private health insurance information of his patients to defendant JOSEPH SUTERA knowing the information would be used to submit false and fraudulent prescription drug claims for Ketamine HCL and other prescription medications through The Medicine Shoppe to The Private Health Insurance Companies. . . . . 30. Defendant ROBERT CATANESE received approximately $31,000 in the form of checks and additional amounts in cash from defendant JOSEPH SUTERA and The Medicine Shoppe which represented proceeds from the payments received from false and fraudulent prescription drug claims. . . . . On or about December 23, 2005, Dr. Catanese signed a Plea Agreement in which he agreed to plead guilty to one count of conspiracy, “in violation of Title 18, United States Code, Section 371, an object of which was to commit health care fraud, in violation of Title 18, United States Code, Section 1347.” On or about July 24, 2006, consistent with his Plea Agreement, Dr. Catanese pled guilty to one count of conspiracy to commit health care fraud. During the plea hearing, the prosecutor described the factual basis for the plea as it relates to Dr. Catanese as follows: Yes, Your Honor, had this gone to trial the Government would prove beyond a reasonable doubt that in or between June 2001 and September 2005, Palm Beach Gardens, Florida, Palm Beach County within the Southern District of Florida and elsewhere the defendants Joseph Sutera, Robert Catanese, Agustin Castellanos and others, Eric Ressner and Stephanie Mirante knowingly conspired to commit health care fraud through false and fraudulent prescription drug claims for the purpose of enriching or otherwise benefiting themselves. The Government would prove that Joseph Sutera was a licensed pharmacist. As a licensed pharmacist, although he was licensed to dispense medication, he was not authorized to prescribe prescription medication including compounds, creams or other substances and was not authorized to dispense any prescription medications without a valid prescription from a licensed physician, prescription medications because of their toxicity and potential harmful effects deemed not for use to administer such drugs. Augustine Castellanos was a medical doctor specializing in neurology and sleep disorders. Dr. Catanese was a doctor of chiropractic, and owner of Catanese Chiropractic Center. He employed Agustin Castellanos. His job was to write prescriptions and provide medical services for his chiropractic patients. Mr. Sutera owned and operated a retail pharmacy called The Medicine Shoppe. It was a franchise which was located [at] 3365 Burns road in Palm Beach Gardens, Florida. Through this pharmacy, Mr. Sutera submitted thousands of insurance claims to approximately 200 private health insurance companies, and these claims were false in that they were for prescription medications that were not prescribed, not requested, and, in many cases, not delivered. Although these claims were for virtually every type medication that there is, the majority were for medications for which there was a high reimbursable from the insurance costs. These included things such as pain patches, a certain cancer drug called Levac, and claims for a drug called Ketamine. Ketamine is a Schedule III controlled substance controlled by the Drug Enforcement Administration. It is a prescription medication most often used as an anesthetic for children and as a battle field anesthetic in adults. It produces dissociative effect, for battle field purposes, when a limb is being taken off that is a good thing. Dissociative effect makes it popular for illicit purposes. It has become popular for a club drug, where it is used for purposes of getting high, so to speak. In addition to these uses, the drug recently has also been found to have some pain applications and Mr. Sutera as a pharmacist helped develop a cream that had as its main ingredient Ketamine. He distributed this cream under a number of different names, including formula 2 and Ketazone. What was attractive about this cream for insurance fraud purposes, was that the reimbursement for the jars of the cream or the tubes of the cream was rather high and could be as much as $1,000 per claim. In order to submit these claims, however, Mr. Sutera needed at least two things. He needed patient information. He needed names, addresses, and health insurance information for particular individuals, and he also needed the names of doctors who could be listed as the prescribing physicians. It was important that, particularly, the doctors have some knowledge of what was happening because the private health insurance companies would regularly audit the distribution of drugs from the pharmacy and would send out letters to the prescribing physicians asking if, in fact, they had prescribed certain medications. . . . . For purposes of getting the patient health information, Mr. Sutera did that in a number of different ways. . . . . . . . In addition to that, on at least three different occasions, Dr. Catanese who ran a chiropractic clinic as Your Honor is aware sold his patient list to Mr. Sutera. When I say he sold his patient list to Mr. Sutera, he sold all of the patient lists and, in exchange, Mr. Sutera agreed to give Dr. Catanese $100 per jar of the cream that was being prescribed by doctors through, Catanese’s clinic. Dr. Catanese was aware at the time that, in fact, these names were going to be used to submit false claims, as well as, for the submission of any claims for patients that really did get the cream. The quid pro quo, if you will, was at the time, Dr. Catanese had a drug problem as Your Honor is aware, and Mr. Sutera provided him with large amounts of Percocet. In addition to that, Mr. Sutera also provided Dr. Catanese with cash and with at least $31,000 in money in the form of checks, as well. . . . . The presiding judge specifically asked Dr. Catanese about his involvement in the acts described by the prosecutor: BY THE COURT: Q. Dr. Catanese, would you come to the lectern. Let me pose these questions to you. You had an opportunity to listen to what Ms. Bell had to say as pertains to your involvement. Do you agree you did and said the various things Ms. Bell suggested A. Yes, Your Honor. Q. Now, again, and I know you listened, and I am sure this is a matter of enormous concern to you, but this crime because the punishment is potentially longer than one year in jail, it is classified as a felony offense. If the court concludes that you really know what you are doing, that you are making a voluntary and informed decision, what I would do is accept your plea, you see, and adjudicate you to be guilty. The moment that happens, you are then classified as a convicted felon, and, of course, you will automatically lose those valuable civil rights, the right to vote, the right to possess a firearm or serve on a jury or run for public office. Do you understand you will lose those civil rights? A. Yes, sir. Q. Now, again, I would imagine this also would have an impact on your medical license. Do you understand that as well? A. Yes, sir. Q. Knowing and understanding these things, I want to indicate I certainly have had an opportunity to observe you and talk with you. You are a highly intelligent person. I am satisfied you are competent to make the decision that you are thinking about making. We’ve gone through the rights of trial by jury and all those other rights. We’ve gone through all of the provisions of the plea agreement. Is there anything out there I haven’t touched on, any questions or concerns you have that you wanted to raise? A. Not at this time, Your Honor. Is it your desire, then, to continue forward and enter the pleas we have been discussing? A. Yes, sir. THE COURT: Mr. Lubin, would you do that for the doctor? MR. LUBIN: Yes, Your Honor. On behalf of Robert Catanese, we would withdraw previously entered plea of not guilty and enter a plea of guilty to Count 1 which is the conspiracy count. THE COURT: Doctor, is that what you want to do? THE DEFENDANT: Yes, sir. THE COURT: 06-80020, United States versus Robert Catanese, it is the finding of the court that Dr. Catanese is fully competent and capable of entering an informed plea. I find his plea is a knowing and voluntary plea supported by an independent basis in fact containing each of the essential elements of this particular offense, therefore, I accept the doctor’s plea and I now adjudicate him to be guilty of the crime of having knowingly and willfully conspired to commit health care fraud in violation of Title 18, United States Code, Section 371. On November 7, 2006, United States District Judge Daniel T.K. Hurley adjudicated Dr. Catanese guilty of one count of conspiracy to commit health care fraud in violation of 18 U.S.C. § 371, a felony. Judge Hurley sentenced Dr. Catanese to serve 40 months imprisonment, followed by three years of supervised release, and required that he forfeit $31,000.00. The Relationship of Dr. Catanese's Convictions to the Practice of Medicine. In light of Dr. Catanese’s guilty plea to Count One of the indictment and his agreement with the prosecutor’s summary of the factual basis for his plea, it is concluded that Dr. Catanese engaged in the activities alleged in the indictment and summarized by the prosecutor for purposes of this proceeding. All of those activities related to the practice of chiropractic medicine. But for Dr. Catanese’s license to practice chiropractic medicine in Florida, Dr. Catanese would not have been able to commit the crime for which he was found guilty. It was his license to practice chiropractic medicine that facilitated his ability to open the Catanese Chiropractic Clinic and to obtain the private health insurance information of his patients which was provided to his co-conspirator for use in committing health care fraud. The crime for which Dr. Catanese was convicted is a crime that “directly relates to the practice of chiropractic medicine.”
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the a final order be entered by the Board of Chiropractic Medicine finding that Robert Paul Catanese, D.C., has violated Sections 456.072(1)(c), and 460.413(1)(c), Florida Statutes, as described in this Recommended Order; and imposing discipline consistent with the Board’s guidelines after giving Dr. Catanese an opportunity to address any additional mitigating factors which he wishes to present to the Board. DONE AND ENTERED this 19th day of December, 2007, in Tallahassee, Leon County, Florida. S LARRY J. SARTIN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of December, 2007. COPIES FURNISHED: Tobey Schultz, Esquire Office of General Counsel Department of Health 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Robert Paul Cantanese #75488-004 Federal Correctional Institution Miami Post Office Box 779800 Miami, Florida 33177 Joe Baker, Jr., Executive Director Board of Chiropractic Medicine Department of Health 4052 Bald Cypress Way, Bin C07 Tallahassee, Florida 32399-3265 Dr. Ana M. Viamonte Ros, Secretary Department of Health 4052 Bald Cypress Way, Bin A00 Tallahassee, Florida 32399-1701 Josefina M. Tamayo, General Counsel Department of Health 4052 Bald Cypress Way, Bin A02 Tallahassee, Florida 32399-1701 S. Power, Agency Clerk Department of Health 4052 Bald Cypress Way, Bin A02 Tallahassee, Florida 32399-1701
Findings Of Fact The Respondent is a chiropractic physician who practices in Daytona Beach, Florida, and is licensed by the State Board of Chiropractic Examiners to practice in the State of Florida. The Respondent opened the office where he presently practices in September, 1978. On or about July 10, 1979, Judith M. Matovina telephoned the Respondent's office regarding severe headaches which she had been suffering. She had been referred to the Respondent by a friend, Michael Davis, who was studying to be a chiropractor, and who was also a friend of the Respondent. An appointment was initially made for Thursday, July 12; Ms. Matovina preferred to make an appointment for a time that would not interfere with her job, and an appointment was ultimately made for 10:30 a.m. on Saturday, July 14, 1979. Ms. Matovina arrived at the Respondent's office for her appointment at the scheduled time. She sat in the waiting room for approximately five minutes. Dr. Wagner came out to the waiting room after he treated another patient and introduced himself to Ms. Matovina. He gave her a pamphlet to read regarding the treatment of headaches by chiropractors, and a form to fill out which provided personal background and a description of symptoms. She filled out the form and handed it to the Respondent who escorted her to the examination room. He asked her questions about her headaches and about her personal life. She responded that she did not believe the headaches were tension related. He told her to remove her clothes and put on a gown. He left the examination room. Ms. Matovina removed her bra and blouse, but left her slacks and shoes on. After knocking, the Respondent reentered the examination room. The Respondent thereafter engaged in conduct, a portion of which was legitimate and proper chiropractic examination, treatment and therapy; and a part of which can only be construed as an effort to induce Ms. Matovina to engage in sexual activity with the Respondent. He engaged in conversation about his poor relationship with his wife, his relationships with his girlfriends, and the fact that he had had a vasectomy. Ms. Matovina had not been to a chiropractor before, and she expressed fear as to the nature of some of the manipulations and other treatment which the Respondent performed. He referred to her as "such a baby" in response to her fear. He examined her eyes, and told her that she had pretty blue eyes and that his girlfriends had brown eyes. Ms. Matovina asked him where his receptionist was, and the Respondent responded that he did not have a receptionist on Saturday because that is when he scheduled his pretty patients. During the course of one manipulation in which the Respondent held Ms. Matovina's feet, he told her that she had cute feet. In the course of one manipulation in which the patient stood against the wall with the Respondent's arm around her waist, he told her, "They are playing our song," in response to the music on the office stereo system. He held her hand as if he was going to dance with her. He kissed her twice on the shoulder, moved his hand toward her breast, and brushed his hand across her breast. Several times during the course of the examination, Ms. Matovina said that it would be best for her to leave, but the Respondent kept saying that they should try one more manipulation or therapy treatment. Ms. Matovina protested during the course of much of the treatment, and eventually insisted upon getting dressed and leaving. During the examination, the Respondent on several occasions referred to Ms. Matovina's "pretty blue eyes," to the fact that she was "such a baby," to the fact that he had other girlfriends, and a vasectomy. After she got dressed, the Respondent behaved as though none of these things had happened. Ms. Matovina insisted upon paying for the session at that time rather than the following Monday, when the Respondent wanted to schedule another session. Ms. Matovina then left the office. She was there for approximately two hours. The following week, the Respondent had his office contact Ms. Matovina to schedule further sessions, but she refused to accept or to respond to the phone calls.
Findings Of Fact At all times relevant thereto, Respondent, Anthony S. Coco, held chiropractic license number 0001508 issued by Petitioner, Department of Professional Regulation, Board of Chiropractic Examiners. He is authorized to practice chiropractic in the State of Florida and presently maintains an office at 65 Royal Palm Beach Boulevard, Vero Beach, Florida. In response to a newspaper advertisement, Thomas A. Murphy visited the office of Respondent on May 13, 1980, regarding treatment of low back pain, impotence, nervousness, headaches and general aches and pains. Murphy had a 100 percent service-connected disability and was already being treated by a medical physician for other undisclosed ailments. Murphy was given a complete examination by Coco, including neurological and orthopedic tests. Additionally, eight x-rays were taken of the patient. As a general practice, Coco does not record negative (or normal) results on the patient's records. Because all tests except the x-rays were negative, the results of the examination were not reflected on Murphy's patient records. However, a detailed record of his findings were prepared in a request for authorization to provide chiropractic treatment forwarded to the Veteran's Administration (VA) on May 15, 1980. The request was later denied by the VA, and Murphy terminated his relationship with Respondent. Murphy became involved in a dispute with a secretary in Coco's office and filed a complaint against him with Petitioner. Petitioner then retained the services of an outside consultant, Dr. Fred C. Blumenfeld, to examine Murphy's patient file. Blumenfeld was initially given an incomplete file to examine, and based upon his initial review of the incomplete file, concluded that Respondent failed to exercise reasonable care in his treatment of Murphy. That precipitated the instant proceeding. Prior to the final hearing, Blumenfeld gained access to the entire file, and upon examining the same, reached an opinion that no "malpractice" had occurred. Although he testified that he would have marked the x-rays differently, and would have noted all negative findings on Murphy's patient chart, he did not otherwise criticize Coco's treatment of Murphy, and saw no basis for the issuance of an administrative complaint. Three other experts, including a nationally recognized professor of chiropractic and a former member of the Board of Chiropractic Examiners, each concluded that Coco's treatment of Murphy was proper and consistent with generally recognized standards of skill and care of chiropractors in the community. They also concluded that Coco's diagnosis of Murphy's ailments, as reflected on his patient notes and letter of May 15, were consistent with the x- rays taken of Murphy. Although Mr. Murphy appeared at the final hearing, he did so reluctantly and had no complaint regarding his examination and the diagnosis rendered by Coco.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that all charges against Respondent be DISMISSED. DONE and ENTERED this 21st day of March, 1983, in Tallahassee, Florida. DONALD R. ALEXANDER 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 21st day of March, 1983.
The Issue Whether Respondent violated Section 460.413(1)(c), Florida Statutes; and if so, what penalty should be imposed.
Findings Of Fact Respondent, Joseph Forlizzo, is, and has been at all times material hereto, a chiropractor licensed in the State of Florida, having been issued license number CH-0003278. Petitioner, Department of Health, Board of Chiropractic, is the state agency that licenses and has regulatory jurisdiction of chiropractors. Section 20.43, Florida Statutes; Chapter 455, Part II, Florida Statutes; and Chapter 460, Florida Statutes. On September 3, 1996, in the United States District Court for the Middle District of Florida, Case No. 95-132-CR-T-24(E), Respondent was convicted of conspiracy to collect an extension of credit by extortionate means as defined in Title 18, United States Code, Section 891, from Michael Muzio and Wesley Earl Ball by express and implicit threats and acts of violence and other criminal means to cause harm to the person, property, and reputation of said Michael Muzio and Wesley Earl Ball. The conspiracy to commit extortion referred to in the conviction involved the contemplated use of actual or threatened force or violence against the person of another. The crime of which the Respondent was convicted, conspiracy to collect an extension of credit by extortionate means, is a felony. As a result of the subject conviction, Respondent was sentenced to imprisonment for a term of 51 months followed by supervised release for a term of 36 months and ordered to pay restitution of $100,000 to Michael Muzio. The subject conviction has not been overturned or vacated on appeal. Respondent was a co-owner in a business known as American Mobile Imaging (AMI) with Michael Muzio and others. AMI was in the business of providing medical testing or diagnostic services. The medical testing or diagnostic services provided by AMI included the use of a Magnetic Resonance Imaging (MRI) mobile unit. Chiropractic is a healing art. Dr. Butler's credible testimony was that, in his expert opinion, the practice of chiropractic has a foremost and formidable requirement for mental fitness and emotional stability on the part of practitioners. Moreover, Dr. Butler's credible testimony was that the crime of which Joseph Forlizzo was convicted shows a callous disregard for and lack of respect for human life and that respect for human life is the entire premise of health care providers. The crime of which Respondent was convicted is directly related to the practice of chiropractic medicine.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Department of Health, Board of Chiropractic Medicine, enter a final order finding that Respondent, Joseph Forlizzo, is guilty of conduct described in Section 460.413(1)(c), Florida Statutes, as alleged in the Administrative Complaint; and revoking Respondent's license to practice as a chiropractic physician. DONE AND ENTERED this 15th day of February, 2000, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of February, 2000. COPIES FURNISHED: James A.G. Davey, Jr., Esquire Agency for Health Care Administration 2727 Mahan Drive, Building 3 Tallahassee, Florida 32308 Timothy E. Leahy, Esquire Leahy and Associates, P.A. 535 Central Avenue, Suite 300 St. Petersburg, Florida 33701 Eric G. Walker, Executive Director Department of Health Board of Chiropractic 1940 North Monroe Street Tallahassee, Florida 32399-0750 Angela T. Hall, Agency Clerk Department of Health 2020 Capital Circle, Southeast BIN A02 Tallahassee, Florida 32399-1701 Pete Peterson, General Counsel Department of Health 2020 Capital Circle, Southeast BIN A02 Tallahassee, Florida 32399-1701
The Issue Whether the Respondent committed the violation alleged in the Administrative Complaint issued October 2, 2006, and, if so, the penalty that should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The Department is the state agency responsible for investigating and prosecuting complaints against persons holding licenses in the health professions and occupations, including chiropractic physicians. See § 456.073, Fla. Stat. The Board of Chiropractic Medicine ("Board") is the entity responsible for imposing penalties against chiropractic physicians for violations of Section 460.413(1), Florida Statutes. See § 460.413(2), Fla. Stat. At the times material to this proceeding, Dr. Falowski was a chiropractic physician licensed to practice chiropractic medicine in Florida, having been issued license number CH 5108. Dr. Falowski was first certified in Florida to practice chiropractic medicine in 1986. Dr. Falowski also is certified to administer propriety drugs. At the times material to this proceeding, Dr. Falowski did business as Rainbow Rehabilitation, and his address of record was 4201 North State Road 7, Lauderdale Lakes, Florida 33319. On or about August 25, 2997, Dr. Falowski submitted an application for acupuncture certification to the Department. He paid a fee and was certified to take the acupuncture certification examination. His application reflects that he completed 105 hours of acupuncture training at the University of Miami. Dr. Falowski took the acupuncture certification examination in November 1997, but he did not pass the examination. On or about April 15, 1998, Dr. Falowski submitted a second application for acupuncture certification to the Department. He paid a fee and was again certified to take the acupuncture certification examination. His application reflects that he completed acupuncture training at the University of Miami. Dr. Falowski took the acupuncture certification examination in May 1998 and attained a passing score. On or about July 7, 1998, the Department mailed an Examination Grade Report to Dr. Falowski, advising him that he had passed the chiropractic certification examination for acupuncture. A Request for Registration Form for the Board of Chiropractic Medicine was included with the Examination Grade Report, and the instructions stated that the form and a check or money order must be returned to the Department within 45 days. The form listed a $100.00 fee for the Chiropractic Acupuncture Certification. There is nothing in the records of the Department indicating that it received the Request for Registration Form or check in the amount of $100.00 from Dr. Falowski, nor do the records reflect that Dr. Falowski has been issued an acupuncture certification.4 On or about December 28, 2005, writing was observed on the window of the Rainbow Rehabilitation office which stated: WE DO PHYSICALS & BLOOD WORK LICENSED ACUPUNCTURE EKG No acupuncture license number was listed on the window. Dr. Falowski intended to perform acupuncture treatments for any member of the public who requested these treatments at Rainbow Rehabilitation.5
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Chiropractic Medicine enter a final order Finding that Francis J. Falowski, D.C., offered to practice acupuncture when he was not certified to do so, in violation of Section 460.413(1)(t); Imposing an administrative fine against Dr. Falowski in the amount of $5,000.00; and Placing Dr. Falowski on probation for a period of two years, under such terms and conditions as the Board deems appropriate. DONE AND ENTERED this 20th day of March, 2008, in Tallahassee, Leon County, Florida. PATRICIA M. HART Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of March, 2008.
The Issue Should discipline be imposed against Respondent's license to practice chiropractic medicine for violation of Section 456.072(1)(c), Florida Statutes (2003)?
Findings Of Fact Facts Established by Admission Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of chiropractic medicine pursuant to Section 20.43, Florida Statutes. Petitioner is the state agency charged with regulating the practice of chiropractic medicine pursuant to Chapters 456 and 460, Florida Statutes. Respondent is and has been at all times material hereto a licensed chiropractic physician in the State of Florida, having been issued license number CH 5396 on October 14, 1986. Respondent's last known address is 9471 Baymeadows Road #108, Jacksonville, Florida 32256-0154. JHCS operated as a medical clinic offering and supplying chiropractic and medical services to patients. Respondent caused or allowed claims to be filed with Medicare and other health care benefit programs claiming reimbursement for the professional component of Magnetic Resonance Imaging tests (MRI). The report generated as a result of the outside radiologist was placed onto JHCS' letterhead to give the appearance that the radiologist was an employee of JHCS and Respondent. Respondent pled guilty to crimes that occurred in the course of Respondent's practice of chiropractic medicine (during his hours of operation). For Diagnostic Ultrasound (DU) and Nerve Conduction Velocity (NCV) billing, Respondent submitted claims for the technical portion of DU or NCV test, which is the performance of the test, even though Respondent did not contribute his professional expertise to the performance of the test. Respondent would submit claims to various health care benefit programs for the technical component of the test. Additional Facts In United States of America v. Mark Schoenborn, United States District Court, Middle District of Florida, Jacksonville Division, Case No. 3:03-cr-315-J-25MMH, Respondent pled guilty to Count 1 of the information, 18 U.S.C. §§ 1347 and 371. The nature of the offense was conspiracy to defraud a health care benefit program. The offense ended September 2002. The judgment in the criminal case held to the following effect: The defendant is sentenced as provided in pages 2 through 5 of this judgment. This sentence is imposed pursuant to the Sentencing Reform Act of 1984, as modified by United States v. Booker. At page 4 of 5 the obligation for restitution is set forth as part of the sentence. A sentence was imposed in the case on February 11, 2005, in which Respondent was placed on probation, for a term of three years. A special condition of supervision was that Respondent participate in the Home Detention Program for a period of six, assumed to be months, and that he perform 100 hours of community service. Respondent was required to pay a $10,000.00 fine and to make $400,000.00 in restitution. The payees in the restitution were: Aetna, Inc., $52,944.00; United Health Group, $38,076.00; DHHS/CMMS, Division of Accounting, $245,609.00; and Blue Cross/Blue Shield of Florida, $63,371.00. Respondent would receive credit for all payments previously made toward any criminal monetary penalties imposed on a joint and several basis with Respondent Charles Doll, United States District Court, Case No. 3:03-cr-314-J-25MMH. Respondent has referred patients for MRIs to provide information about soft tissue in relation to the formation of a disc. In particular, the information about the disc would pertain to a herniated or bulging disc. The information imparted in the MRI results assists in diagnosing a patient, according to Respondent. It is not involved with the treatment of the patient. The initial diagnosis is made without the benefit of an MRI. Respondent refers patients for NCV tests, the results of which may show nerve pressure, according to Respondent. The diagnosis will have been formulated before the referral is made usually. This special test assists in further understanding "things going on with a patient." The results of the test could further assist Respondent in rendering care. Respondent has used DU in his practice. The information provided by those tests is a showing of inflammation in an area. The results help Respondent decide what to do with a patient, as far as additional treatment, and whether there may be the need to make a referral outside his practice or some other choice. In making the referrals that have been described, Respondent believes that he is making that choice as a chiropractic physician. Expert Opinion Michael William Mathesie, D.C., is licensed to practice chiropractic medicine in Florida. He is an expert in the field of chiropractic medicine. Petitioner hired Dr. Mathesie as its consultant in the case, to express an opinion concerning Respondent's practice in view of the allegations in the Administrative Complaint. In Dr. Mathesie's opinion the practice of chiropractic medicine consists of diagnosis and treatment of nerves, muscles, joints, and conditions of the spine and extremities. Diagnosis of a patient would consist of inspection and palpation, range of motion, orthopedic maneuvers, neurological evaluations, X-rays, CT scans, MRIs, neurological diagnostic testing, and other specialized tests, as well as blood laboratory evaluations. Treatment would consist of adjustments to the spine to correct subluxations, or other lesions of the spine causing nerve irritation or impulses or nerve transmission problems. Physical therapy modalities, nutrition, counseling and other non- pharmaceutical and non-neurological procedures are also involved. Dr. Mathesie explained the use of diagnostic testing in the practice of chiropractic medicine. If a patient has a long- standing condition of the spine or extremities, such as nerve pain shooting down the arm or numbness or tingling, a NCV test might be run, but the test may not be used on a regular basis for reasons other than the evaluation of the patient's condition. To do so would skew the diagnostic abilities of the chiropractic physician, according to Dr. Mathesie. Chiropractors are taught diagnostic testing and evaluation in chiropractic school. In his practice Dr. Mathesie bills for his services rendered to the patient in accordance with Section 460.41, Florida Statutes. Jan Allen Fralicker, D.C., was called as an expert to testify in behalf of Respondent Schoenborn. Dr. Fralicker is licensed in Florida to practice chiropractic medicine. In addressing the allegations in the Administrative Complaint directed to Respondent Schoenborn of a violation of Section 456.072(1)(c), Florida Statutes, and equally applicable to Respondent Doll, Dr. Fralicker does not believe that the allegations pertain to the practice of chiropractic medicine. Dr. Fralicker explains that the practice of chiropractic medicine in Florida is the diagnosis and treatment of human elements without the use of drugs or surgery, to include diagnostic testing. The crime to which Respondent Schoenborn pled and Dr. Doll pled, involves fraud in the criminal aspect, according to Dr. Fralicker, for receiving money for services not performed. The criminal activity did not actually involve Respondent's functioning as a chiropractor related to patients being treated. In Dr. Fralicker's opinion ordering the tests involved in the case, as Dr. Fralicker understands it, was the practice of chiropractic medicine, but defrauding a health care benefit program is not related to the practice of chiropractic medicine. Nothing about Dr. Fralicker's understanding of the criminal law matter involved a standard of care issue. Dr. Fralicker separates the criminal activity from the practice of chiropractic medicine. In summary, while ordering diagnostic tests is part of chiropractic medicine, pleading guilty to defrauding a health care program is not, in the view of Dr. Fralicker. What Respondents were engaged in was practicing chiropractic and then separately involving themselves in criminal activity to defraud, i.e. getting paid for something not being done. Dr. Fralicker is familiar, as a chiropractic physician, with submitting billing to be reimbursed for services as a chiropractic physician. He submits requests for reimbursement. The submission of requests for reimbursement is seen by Dr. Fralicker as part of the practice of chiropractic medicine. Dr. Fralicker believes that chiropractors providing a service must meet the standards of what the general population of chiropractors would do in the area where they practice, involving appropriate diagnosis and referral to another professional, if necessary, for additional treatment. He does not believe that the Respondents violated the professional standards. Neither opinion of the experts is persuasive, beyond its value in establishing the nature of the practice of chiropractic medicine in delivering care and billing for the services provided. Dr. Schoenborn Previous Disciplinary History In the case Agency for Health Care Administration, Petitioner v. Mark E. Schoenborn, D.C., Respondent, before the State of Florida, Agency for Health Care Administration, Board of Chiropractic, Case No. 9207885, and related cases, Respondent was charged in Count 1 with a violation of Section 460.413(1)(m), Florida Statutes, formerly Section 460.413(1)(n), Florida Statutes, for failing to maintain written chiropractic patient records that would justify the course of treatment of the patient. In Count II to that Administrative Complaint Respondent was charged with violating Section 460.413(1)(i), Florida Statutes, by failing to perform a statutory or legal obligation of the licensed chiropractic physician in performing, ordering, administering or procuring unnecessary diagnostic testing in violation of Section 766.111, Florida Statutes. In Count III to the Administrative Complaint Respondent was charged with a violation of Section 460.413(1)(r), Florida Statutes, formerly Section 460.413(1)(s), Florida Statutes, by failing to practice chiropractic at the level of skill, care, and treatment which is recognized by a reasonably prudent chiropractic physician as being acceptable under similar conditions and circumstances. In Count IV of the Administrative Complaint Respondent was charged with violating Sections 460.413(1)(b), Florida Statutes, and 460.413(1)(v), Florida Statutes, formerly 460.413(1)(w), Florida Statutes, and Florida Administrative Code Rule 61F2- 5.001(2), formerly Florida Administrative Code Rule 21D-5.0012, by engaging in false deceptive or misleading advertising. The parties entered into a settlement stipulation which was approved by final order, in relation to Case Nos. 9207885 and 9216199, 94- 05484 and 94-11080. Ultimately the stipulation that was approved in a final order entered February 13, 1996, was to the failure to maintain written chiropractic patient records that would justify a course of treatment to the patient, a violation of Section 460.413(1)(m), Florida Statutes, that had been referred to as Section 460.413(1)(n), Florida Statutes. As a consequence Respondent paid $3,000.00 in administrative costs, had to take a course on records keeping, and was required to have his patient records monitored.
Recommendation Based upon the consideration of the facts found and the conclusions of law made, it is RECOMMENDED: That a final order be entered finding a violation of Section 456.072(1)(c), Florida Statutes (2003), and revoking Respondent's license as a chiropractic physician. DONE AND ENTERED this 16th day of March, 2006, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 16th day of March, 2006. COPIES FURNISHED: Ephraim D. Livingston, Esquire William Miller, Esquire Department of Health 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Roy Lewis, Esquire 203 Washington Street Jacksonville, Florida 32202 Joe Baker, Jr., Executive Director Board of Chiropractic Medicine Department of Health 4052 Bald Cypress Way Tallahassee, Florida 32399-1701 R. S. Power, Agency Clerk Department of Health 4052 Bald Cypress Way, Bin A02 Tallahassee, Florida 32399-1701
