Final Order No. DOH-15-2134-ao-MQA

DEC 3 1 2015

FILED DATE Department of Health

STATE OF FLORIDA
DEPARTMENT OF HEALTH
IN RE:

By:

ecep,--e
tv Agency Clerk

The Emergency Restriction of the License of
Robert Berg, M.D.
License Number: ME 71748
Case Numbers: 2015-26504
ORDER OF EMERGENCY RESTRICTION OF LICENSE

John H. Armstrong, MD, FACS, State Surgeon General and Secretary
of Health, ORDERS the Emergency Restriction of the license of Robert Berg,
M.D. (Dr. Berg), to practice as a physician in the State of Florida. Dr. Berg
holds license number ME 71748. His address of record is 528 S.E. Osceola
Street, 2nd Floor, Stuart, Florida 34994. The following Findings of Fact and
Conclusions of Law support the emergency restriction of Dr. Berg's license
to practice as a physician in the State of Florida.
FINDINGS OF FACT
1.

At all times material to this Order, Robert Berg, M.D., (Dr. Berg)

was licensed to practice as a physician in the State of Florida, pursuant to
Chapter 458, Florida Statutes, and practiced dermatology as an independent
contractor at Dermatology of the Treasure Coast (DTC), located in Stuart,
Florida.
2.

Dr. Berg worked at DTC for approximately twenty years.

 In Re: Emergency Restriction of the License of
Robert Berg, M.D.
License No.: ME 71748
Case Number: 2015-26504

3.

In or around July 2014, DTC staff noticed Dr. Berg's personality

change.
4.

Dr. Berg became obsessed with "getting enough sleep," and

began using a combination of alcohol and sleep aid medications to be able
to sleep.
5.

Due to his obsession with sleep, Dr. Berg often failed to report

to work and was unreliable to meet his scheduled patient appointments.
6.

When Dr. Berg failed to report to work or answer his telephone,

DTC staff would drive to Dr. Berg's home to perform a "welfare check."
7.

DTC often found Dr. Berg in bed, inebriated from alcohol and

sleeping pills.
8.

1W., D.O., the owner of DTC, also performed a welfare check

on Dr. Berg. Dr. J.W. found Dr. Berg in bed and inebriated. Dr. J.W. also
found several vials of injectable steroids in Dr. Berg's home.
9.

DTC staff noticed that when Dr. Berg did report to work, Dr. Berg

appeared slovenly and described him as "pretty high."
10.

When Dr. J.W. or DTC staff suspected Dr. Berg was impaired,

Dr. J.W. sent Dr. Berg home.
11.

Dr. J.W. obtained a breathalyzer for the office and implemented
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 In Re: Emergency Restriction of the License of
Robert Berg, M.D.
License No.: ME 71748
Case Number: 2015-26504

a DTC policy that required Dr. Berg to use the breathalyzer whenever his
sobriety was in question.
12.

Dr. J.W. and other DTC staff discussed with Dr. Berg the need

for Dr. Berg to get professional help.
13.

Based on his co-worker's insistence, Dr. Berg entered into a

rehabilitation facility in December 2014. However, Dr. Berg left after a few
days because he felt that it was "not what he needed."
14.

On or about August 25, 2015, Dr. J.W. contacted the

Professionals Resource Network (PRN), to express his concerns about Dr.
Berg's ability to practice medicine with reasonable safety to patients.
15.

PRN is the impaired practitioner program for the Board of

Medicine, pursuant to Section 456.073, Florida Statutes (2015). PRN
monitors the evaluation, care and treatment of impaired practitioners
licensed by the Department. PRN oversees random drug screens and
provides for the exchange of information between treatment providers,
evaluators, and the Department for the protection of the public.
16.

On or about August 26, 2015, PRN sent Dr. Berg a letter.

17.

Dr. Berg contacted PRN and scheduled a substance abuse

evaluation with R.S., M.D., a physician specializing in Addiction Psychiatry.
3

 In Re: Emergency Restriction of the License of
Robert Berg, M.D.
License No.: ME 71748
Case Number: 2015-26504

18.

On or about September 26, 2015, Dr. Berg arrived for his

evaluation with Dr. R.S. However, after Dr. R.S. informed Dr. Berg that he
would have to submit to a urine drug screen, Dr. Berg became irritable and
refused to undergo the evaluation.

Dr. R.S. described Dr. Berg as

hypomanic.1
19.

Due to Dr. Berg's refusal to undergo the evaluation and submit

to a drug screening, PRN recommended that Dr. Berg voluntarily withdraw
from practice and undergo an inpatient evaluation.
20.

On or about December 2, 2015, Dr. Berg underwent a

Department-ordered mental and physical evaluation with E.K., M.D., a
physician specializing in addiction recovery.
21.

Dr. Berg's breath alcohol content approximately two hours after

arriving for the appointment with Dr. E.K. was approximately 0.04 grams of
alcohol per 210 liters of breath.
22.

Dr. Berg also submitted to a urine drug and alcohol screening

during the evaluation. Dr. Berg tested positive for alcohol at level reflecting
significant alcohol use.

Hypomania is a mood state characterized by persistent disinhibition and pervasive elevated (euphoric)
or irritable mood but generally less severe than full mania.
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 In Re: Emergency Restriction of the License of
Robert Berg, M.D.
License No.: ME 71748
Case Number: 2015-26504

23.

Dr. E.K. diagnosed Dr. Berg with Alcohol Use Disorder.

24.

Dr. E.K. opined that Dr. Berg is not able to practice medicine with

reasonable skill and safety to patients.
25.

Dr. E.K. recommended that Dr. Berg engage in inpatient

treatment for his alcohol use disorder.
26.

As of the date of this Order, Dr. Berg has failed to comply with

the recommendations of Dr. E.K.
27.

In the course of their practice, physicians must possess good

judgment and be able to provide care and treatment to patients. Because
Dr. Berg is impaired by his use of alcohol, and may not be able to effectively
monitor, treat or care for his patients, his continued unrestricted practice as
a physician presents an immediate serious danger to the health, welfare and
safety of the public.
28.

An independent medical expert has determined that Dr. Berg is

unable to practice medicine with reasonable skill and safety to patients.
Based on that opinion and Dr. Berg's alcohol abuse, there are no lessrestrictive means than the terms outlined in this Order that will adequately
protect the public.

5

 In Re: Emergency Restriction of the License of
Robert Berg, M.D.
License No.: ME 71748
Case Number: 2015-26504

CONCLUSIONS OF LAW
Based on the foregoing Findings of Fact, the State Surgeon General
concludes as follows:
1.

The State Surgeon General has jurisdiction over this matter

pursuant to Sections 20.43 and 456.073(8), Florida Statutes (2015) and
Chapter 458, Florida Statutes (2015).
2.

Section 120.60(6), Florida Statutes (2015), authorizes the

Department to restrict a physician's license if the Department finds that the
physician presents an immediate, serious danger to the public health, safety
or welfare.
3.

Section 458.331(1)(s), Florida Statutes (2015), subjects a

physician to discipline, including restriction, 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.
4.

Dr. Berg violated Section 458.331(1)(s), Florida Statutes (2015),

by being unable to practice medicine with reasonable skill and safety to
patients due to his alcohol use disorder.
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 In Re: Emergency Restriction of the License of
Robert Berg, M.D.
License No.: ME 71748
Case Number: 2015-26504

5.

Section 120.60(6), Florida Statutes (2015), authorized the State

Surgeon General to summarily restrict a physician's license upon a finding
that the physician presents an immediate, serious danger to the public
health, safety, or welfare.
6.

Dr. Berg's continued unrestricted practice as a physician.

constitutes an immediate serious danger to the health, safety, and welfare
of the public and this summary procedure is fair, under the circumstances,
to adequately protect the public.
WHEREFORE, in accordance with Section 120.60(6), Florida Statutes
(2015), it is ORDERED THAT:
1.

The license of Robert Berg, M.D., license number ME 71748, is

hereby immediately restricted to prohibit Dr. Berg from practicing as a
physician until PRN, or a PRN-approved evaluator, notifies the Department
that Dr. Berg is safe to resume practicing as a physician.
2.

A proceeding seeking formal discipline of the license of Robert

Berg, M.D., to practice as a physician will be promptly instituted and acted
upon in compliance with Sections 120.569 and 120.60(6), Florida Statutes
(2015).

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 In Re: Emergency Restriction of the License of
Robert Berg, M.D.
License No.: ME 71748
Case Number: 2015-26504

NOTICE OF RIGHT TO JUDICIAL REVIEW
Pursuant to Sections 120.60(6), and 120.68, Florida Statutes, this
Order is judicially reviewable. Review proceedings are governed by the
Florida Rules of Appellate Procedure. Proceedings are commenced by filing
a Petition for Review, in accordance with Florida Rule of Appellate Procedure
9.100, with the District Court of Appeal, accompanied by a filing fee
prescribed by law, and a copy of the Petition with the Agency Clerk of the
Department within 30 days of the date this Order is filed.

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 In Re: Emergency Restriction of the License of
Robert Berg, M.D.
License No.: ME 71748
Case Number: 2015-26504

DONE and ORDERED this

day of

40

Def-tiOce{

2015.

1(r mstrong, MD, FACS

State Surgeon General and
Secretary of Health

PREPARED BY:
Kristen M. Summers, Esq.
Florida Bar No. 112206
Assistant General Counsel
Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
(P) 850-245-4444, extension 8136
(F) 850-245-4662
(E) Kristen.Summers@flhealth.gov

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