Final 0rd 5_g A STATE OF FLORIDA . Health BOARD OF OSTEOPATHIC MEDICINE 3" Deputy Agency Clerk DEPARTMENT OF HEALTH, Petitioner, vs. Case Nos.: 2006-06296; 2005-62336; 2002- 11766; 2002-01196; 2002-00401 2004-20914 License No.: 08 6639 RICHARD ALLEN HILL, D.O., Respondent. I FINAL ORDER THIS MATTER came before the Board of Osteopathic Medicine (hereinafter ?Board?) at a duly-noticed public meeting on August 22, 2008, in Tampa, Florida. Petitioner ?led Administrative Complaints seeking disciplinary action against Respondent's license to practice as an osteopathic physician. A copy of each of the Administrative Complaints is attached to and incorporated as part of this Order. Petitioner was represented by J. Blake Hunter, Assistant General Counsel. Respondent was present with his counsel, Edwin A. Bayo, Attorney at Law. Petitioner and Respondent stipulated to a disposition of these cases. After considering the presentation of the parties and reviewing the record of the cases, the Board voted to reject the Settlement Agreement. The Board offered a counter Settlement Agreement with the following terms: 1. Reprimand. Respondent shall receive a Reprimand from the Board. 2. Administrative Fine. The Board shall impose a ?ne in the amount of ten thousand dollars The fine shall be paid within two (2) years of the filing date of this Final Order. 3. Administrative Costs. Pursuant to Section Florida Statutes, the Department is authorized to collect costs for investigation and prosecution. The evidence presented to the Board was that the costs associated with this matter are in the amount of twenty-eight thousand eight hundred eighty-three dollars and ?fty-three cents The costs are payable within two (2) years of the filing date of this Final Order. 4. Continuing Education. Respondent shall complete a ten (10) hour Board approved continuing education course related to sexual boundaries within one (1) year of the ?ling date of this Final Order. These hours shall be in addition to the hours required for license renewal. Within ten (10) days of completion cf the course(s) and/or receipt of the certificate(s) of completion, Respondent shall mail a copy of the continuing education certificate(s) of completion to the Board of OsteOpathic Medicine Compliance Of?cer. 5. Suspension. Respondent?s license to practice osteopathic medicine shall be suspended for a period of one (1) year from the ?ling date of this Final Order; however, the second six (8) months of the license suspension period shall be stayed. 6. COMVEX. Prior to the lifting of the suspension and beginning of the probationary period, Respondent must successfully complete the Comprehensive Osteopathic Medical Variable Purpose Examination (COMVEX). 7. Em. Respondent?s license to practice as an osteopathic physician shall be placed on probation for a period of ?ve (5) years. The probationary terms are: (A) Restrictions during Probation. During the period of probation, Respondent?s license shall be restricted as follows: i. Indirect Supervision: Respondent shall practice only under the indirect supervision of a Board-approved osteopathic physician, hereinafter referred to as the ?monitor,? whose responsibilities are set by the Board. indirect supervision does not require that the monitor practice on the same premises as Respondent, however, the monitor shall practice within a reasonable geographic proximity to Respondent, which shall be within 20 miles, unless otherwise provided by the Board and shall be readily available for consultation. The monitor shall be Board Certified in Respondent?s specialty area unless otherwise provided by the Board. Respondent shall allow the monitor access to Respondent?s medical records, calendar, patient logs or other documents necessary for the monitor to supervise Respondent?s practice. ii. Required Supervision 3. Respondent shall not practice osteopathic medicine without an approved monitor unless otherwise ordered by the Board. b. The monitor must be a licensed pursuant to Chapter 459, Florida Statutes, in good standing and without restriction or limitation on his or her license. In addition, the Board may reject any proposed supervisor on the basis that he or she has previously been subject to any disciplinary action against his or her medical license in this or any other jurisdiction, is currently under investigation, or is the subject of a pending disciplinary action. The monitor must be actively engaged in the same or similar specialty area unless othenNise provided by the Board and be practicing within a reasonable distance of Respondent?s practice, a distance of twenty (20) miles unless otherwise speci?cally approved by the Board. Also, the Board may reject any proposed monitor for good cause shown. Mechanism for Approval of Monitor: 1. Temporary Approval The Board confers authority on the Chairman of the Board to temporarily approve Respondent?s monitor. To obtain this temporary approval, Respondent shall submit to the Chairman of the Board the name and curriculum vitae of the proposed monitor. Once this Final Order is ?led, Respondent shall not practice osteopathic medicine without an approved monitor. Temporary approval shall remain in effect only until the next meeting of the Board. 2. Formal Approval Respondent shall have the monitor with Respondent at Respondent?s ?rst probation appearance before the Board. Prior to the consideration of the monitor by the Board, Respondent shall provide to the monitor a copy of the Administrative Complaints and this Final Order. Respondent shall submit a current curriculum vitae and a description of current practice from the proposed monitor to the Board office no later than fourteen (14) days before Respondent?s ?rst scheduled probation appearance. Respondent?s monitor shall appear before the Board at all other such times as directed by the Board. It shall be Respondent?s responsibility to ensure the appearance of the monitor as directed. Failure of the monitor to appear as directed shall constitute a violation of the terms of this Order and shall subject Respondent to disciplinary action. iv. Change in Monitor. In the event that Respondent?s monitor is unable or unwilling to fulfill the responsibilities of a monitor, Respondent shall immediately notify the Board office. Respondent shall immediately submit to the Board Chair the name of a temporary monitor for consideration. Respondent shall not practice pending approval of this temporary monitor by the Board Chair. Respondent, shall make arrangements with his temporary monitor to appear before the Board at its next regularly scheduled meeting for consideration of the monitor by the Board. Respondent shall practice under the auspices of the temporary monitor only until the next regularly scheduled meeting of the Board. Responsibilities of the Monitor: The monitor shall: a) The monitor shall randomly choose and review 25 percent of Respondent?s active patient records at least once every quarter for the purpose of ascertaining that Respondent is examining and treating female patients in the presence of a female Florida licensed health care provider and is adequately documenting his medical records. Respondent must document in the medical record the name of the female Florida licensed health care provider that was in the room during the examination and/or treatment of the female patient. The monitor shall go to Respondent?s of?ce once every quarter and shall review Respondent?s calendar or patient log and shall select the records to be reviewed. b) Submit reports on a quarterly basis, in af?davit form, which shall include: 1. A brief statement of why Respondent is on probation; 2. A description of Respondent?s practice (type and composition); 3. A statement addressing Respondent's compliance with the terms of probation; 4. A brief description of the monitor?s relationship with Respondent; 5. A statement advising the Board of any problems that have ansen;and 6. A summary of the dates the monitor went to Respondent?s office, the number of records reviewed, the overall quality of the records reviewed, and the dates Respondent contacted the monitor. 0) Report immediately to the Board any violations by Respondent of Chapters 456 or 459, Florida Statutes, or the rules promulgated pursuant thereto. d) Respondent?s monitor shall appear before the Board at the ?rst meeting of said Board following commencement of the probationary period, and at such other times as directed by the Board. it shall be Respondent?s responsibility to ensure the appearance of Respondent?s monitor to appear as requested or directed by the Board. if Respondent?s approved monitor inexcusably fails to appear as requested by the Board, Respondent shall immediately cease practicing osteopathic medicine until such time as Respondent?s approved monitor or alternate monitor appears before the Board, unless the monitor?s failure to appear was beyond the control of the monitor or Respondent. vi. Resgondent?s reports. Respondent shall submit quarterly reports, in af?davit form, which shall include: a) A brief statement of why Respondent is on probation; b) A description of Respondents practice location; c) A description of Respondent?s current practice (type and composition); d) A brief statement of compliance with probationary terms; e) A description of the relationship with Respondent?s monitoring osteopathic physician; f) A statement advising the Board of any problems which have arisen; and g) A statement addressing compliance with any restrictions or requirements imposed. vii. Continuiy of Practice a) Tolling Provisions. In the event that Respondent leaves the State of Florida for a period of thirty (30) days or more or otherwise does not engage in the active practice of osteopathic medicine in the State of Florida, the following probationary provisions shall be tolled and shall remain tolled until Respondent returns to the active practice of osteopathic medicine in the State of Florida: a. The time period of probation; b. The provisions regarding supervision, including the ?le review and submission of quarterly monitor reports; 0. Preparation of investigative reports detailing compliance with the probationary terms; and d. Any provisions regarding community service. During any time period when Respondent's probation is tolled, Respondent shall continue to submit reports to the Compliance Of?cer in the manner directed by the Compliance Of?cer. b) Active Practice. ln the event that Respondent leaves the active practice of osteopathic medicine for a period of one (1) year or more, the Board may require that Respondent appear before the Board and demonstrate his ability to practice osteopathic medicine with skill and safety to patients prior to resuming the practice of osteOpathic medicine in Florida. 8. Permanent Restriction of Practice LSexual Misconduct) Respondent?s practice is permanently restricted in that Respondent may not examine or treat female patients without the presence of a female Florida licensed health care provider who is licensed as a licensed practical nurse or higher. The female Florida licensed health care provider cannot be related to Respondent. The female Florida licensed health care provider(s) must appear at a Board meeting, provide a curriculum vitae to the Board at least twenty (20) days prior to the Board meeting where the provider(s) will appear, and must be approved by the Board. Respondent will give each female Florida health care provider a copy of the Administrative Complaints and Final Order in this matter. The female Florida licensed health care provider shall maintain a log of each such patient contact with said log immediately available to the Department inspector upon request. Respondent is allowed to examine and treat his wife or any of his children without the presence of the female Florida licensed health care provider. Further, each female Florida licensed health care provider must submit reports on a quarterly basis, in affidavit for, which shall include: a) A brief statement of why Respondent is restricted; b) A description of Respondent's practice location; 6) A description of Respondent?s current practice (type and composition); d) A description of the relationship with Respondent?s monitoring osteopathic physician; e) A statement advising the Board of any problems which have a?sen;and f) A statement addressing compliance with any restrictions or requirements imposed. The female Florida licensed health care provider must report immediately to the Board any violations by Respondent of Chapter 456 or 459, Florida Statutes, and the rules promulgated thereto. A female Florida licensed health care provider must submit these reports to the Board for as long as Respondent is practicing osteopathic medicine. 9. Records course. Respondent shall complete the medical records course offered by NOVA Southeastern School of Osteopathic Medicine, or a Board-approved equivalent, within one (1) year of the ?ling date of this Final Order. ReSpondent shall submit documentation in the form of certi?ed copies of the receipts, vouchers, certificates, or other papers, such as physician recognition awards, documenting completion of this medical course. All such documentation shall be sent to the Board of Osteopathic Medicine Compliance 10 Of?cer, regardless of whether some or any of the documentation was provided previously during the course of any audit or discussion with counsel for the Department. These hours shall be in addition to those hours required for renewal of licensure. Unless othenivise approved by the Board, in advance, said continuing medical education course(s) shall consist of a formal, live lecture format. 10. Laws and Rules Course. Respondent shall complete the Laws and Rules Course administered by the Florida OsteOpathic Medical Association, within one (1) year of the ?ling date of this Final Order. Respondent shall submit documentation in the form of certified copies of the receipts, vouchers, certificates, or other papers, such as physician recognition awards, documenting completion of this medical course. All such documentation shall be sent to the Board of Osteopathic Medicine Compliance Officer, regardless of whether some or any of the documentation was provided previously during the course of any audit or discussion with counsel for the Department. These hours shall be in addition to those hours required for renewal of licensure. Unless othenNise approved by the Board, in advance, said continuing medical education course(s) shall consist of a formal, live lecture format. 11. Restriction. Respondent agrees never to register as a dispensing practitioner in the State of Florida. It Respondent is currently registered as a dispensing practitioner in the State of Florida, Respondent shall relinquish his dispensing practitioner registration within ten (10) days of the ?ling date of this Final Order. 11 12. Professional Resource Network JPRN). Within sixty (60) days 'of the ?ling date of this Final Order, Respondent shall contact PRN and be evaluated by PRN. If PRN deems that a contract is necessary, Respondent will enter into the PRN contract and comply with the terms of the PRN contract. Respondent shall execute a release for PRN to authorize PRN to release information and medical records (including records and records relating to treatment for drug dependence and alcoholism) to the Board as needed to monitor the progress of Respondent in the PRN program. Respondent shall cause the director of PRN to report to the Board any problems that may occur with Respondent and any violations of Chapter 459, Florida Statutes, which occur within thirty (30) days of the occurrence of any problems or violations of the law. Violation of the PRN contract shall constitute a violation of the terms of this Final Order. The Board reserves jurisdiction to add or modify the terms of restriction, probation, suspension or other disciplinary terms based upon recommendations of PRN. 13. Community Service. Respondent shall perform two hundred (200) hours of community service within two (2) years of the ?ling date of this Final Order. For the purposes of this Order, Community Service is defined as the delivery of medical services directly to patients or the delivery of other volunteer services in the community, without fee or cost to the patient or entity, for the good of the peeple of the State of Florida. Community service shall be performed outside the physician?s regular practice setting. Respondent shall submit a written plan for performance and completion of the community service to the 12 Board for approval prior to the performance of said community service. Af?davits detailing the completion of community service requirements shall be submitted to the Osteopathic Medicine Compliance Of?cer, as directed. 14. Addresses. Respondent must keep current residence and practice addresses on file with the Board. Respondent shall notify the Board within ten (10) days of any changes of said addresses. 15. Future Conduct. Respondent shall not violate Chapter 456 or Chapter 460, Florida Statutes, or the rules promulgated pursuant thereto, or any other state or federal law, rule, or regulation relating to the practice or the ability to practice osteopathic medicine. 16. Violation of Order. Respondent understands that a violation of this Final Order shall be considered a violation of a Final Order of the Board for which disciplinary action may be initiated pursuant to Chapters 456 and 460, Florida Statutes. 17. No meclusion of additional proceedings. Respondent and the Department understand that this Final Order will in no way preclude additional proceedings by the Board and/or Department against Respondent for acts or omissions not speci?cally set forth in the attached Administrative Complaints. 18. Waiver of attornei?s fees and costs. Respondent waives his right to seek attorney?s fees and costs. 19. Compliance Address. The address for submission of documents and/or monetary payments (including ?nes costs) is: Department of Health. Client Management Unit, PO Box 6320, Tallahassee, Florida 32314- 13 6320, attn: Osteopathic Medicine Compliance Officer. 20. Waiver of further procedural steps. Respondent expressly waives all rights to seek judicial review of or to otherwise challenge or contest the validity of this Final Order. Both parties agreed to counter Settlement Agreement on the record at the heanng. The parties shall be governed accordingly. This Order shall become effective upon ?ling with the Clerk of the Department of Health. DONE AND ORDERED this day of ,2008. BOARD OF OSTEOPATHIC MEDICINE Col/t; Christy Robinson, Acting Executive Director on behalf of Robert McCann, D.O., CHAIR CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to: Richard A. Hill, by mailing same to his attorney of record, Edwin A. Bay?, 1408 N. Piedmont Way, Tallahassee, Florida 32308; and by interoffice mail to Deborah B. Loucks, Assistant Attorney General, Of?ce of the Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050; J. Blake Hunter, Assistant General Counsel, Department of Health, 4052 Bald Way, Bin 0-65, Tallahassee, Florida 32399-3265, on I 2008. 14 Charlie Crist Ana M. Viamonte Ros, M.D., MP1 Governor State Surgeon General INTEROFFICE MEMORANDUM DATE: September 17, 2008 TO: Lucy C. Gee, M.S., Division Director Division of Medical Quality Assurance FROM: Cassandra G. Pasley, BSN, JD, Bureau Chief Health Care Practitioner Regulation SUBJECT: Updated: Delegation of Authority Effective September 19, 2008, upon Pam King?s promotion to Bureau Chief, Management Services, Christy Robinson, Program Operations Administrator, has delegated authority to serve as Acting Executive Director until further notice. - cc: MQA Staff Department of Health - Division of Medical Quality Assurance 4052 Bald Cypress. Bin #000 oTallahassee. FL 32399-3250 and'StlpuIat?ed? Disposition in II. ?aitlJT?mEgtt-hl, STATE or FLORIDA W, m, DEPARTMENT or HEALTH 21323 3v? DEPARTMENT 0? HEALTH, Petitioner, v. DDH Case Nos. 2006-4362535, 2005-62336, 2002-11766, 2002-01196, . 2002?00401, 2004-20914 RICHARD A. HILL, D.O. Respondent. Richard A. Hill, 0.0., referred to as the ?Re5pondent," and the Department I of Health, referred to as: "Department" stipulate and agree to the following Settlement Agreement and to the entry of a Final Order of the Board of Osteopathic Medicine, referred to as "Board," incorporating the Stipuiated Facts Petitioner is a state agency charged with regulating the praCtice of osteopathic medicine pursuant to Section 20.43, Fiorlda Statutes, and Chapter 456, Florida Statutes, and Chapter 459, Florida Statutes. 1. At all times metetial hereto, Respondent was a licensed osteOpathlc physician in the State of Florida having been issued license number 05 6639. I Richard A. Hill. 13.0: Case Nos. M96. 2005-62336. 2002411 2002-00401. 2004-20914, and 2002-11?? 1147 Lt? mealtime? 1148 2. The Department charged Respondent with Administrative Complaints that were ?led and properly served upon Respondent with violations of Chapter 459 and Chapter 456, Florida Statutes, and the rules adapted pursuant thereto. True and correct copies of the Administrative Complaints are attached hereto as Exhibit A. - 3. Respondent neither admits nor denies the allegations of fact contained in the Administrative Complaints for purposes of these proceedings only. I gougwsmug gram 1. Respondent admits that, in his capacity as a licensed osteopathic physician, he . is subject to the provisions of Chapters 456 and 459, Florida Statutes, and the junsdiction of the Department and the Board. 2. Respondent admits that the facts alleged in the Administrative Complaints, if proven, would constitute violations of Chapter 459 and Chapter 456, Florida Statutes, as alleged in the Administrative Complaints. - Respondent agrees that'the' appointed Disposition In algae israir, appropriate and acceptable to Respondent. I 1. Ragtime. pd - The Board shall reprimand the license of Respondent. 2., - The Board of Osteopathic Medicine shall impose an administrative fine of Ten Thousand Dollars against the license of Reapondent, to be paid or Respondent to the Department of Health, Division of MQA/Compllance Mgmt. Unit, Post Of?ce Box 6320, Tallahassee, Florida 32314- 2 Richard a. mu. no; Case Nos. 2006-05296, 2003-62336. 2002-0! l96. 2002-0040}. zoomed?. and 20014 was 6320, Attention: Board of- Osteopathlc Medicine Compliance Officer, within two years how: the date of ?ling of the Final Order accepting this Agreement. All fines shall be paid by check or money order. The Board of?ce does not have the authority to change the terms of payment of any fine irriposed by the Board. Respondent has the option of petitioning the Board for additional time to pay the ?ne in this matter. RESPONDENT ACKNOWLEDGES THAT THE PAYMENT OF THE FINE ts HIS LEGAL OBLIGATION mo RESPONSIBILITY AND RESPONDENT AGREES TO CEASE PRACTICING IF THE FINE IE NOT PAID AS AGREED TO IN THIS SETTLEMENT AGREEMENT, SPECIFICALLY: IF WITHIN 15; DAYS OF THE DATE OF FILING OF THE FINAL ORDER, RESPONDENT HAS NOT RECEIVED WRITTEN CONFIRMATION THAT THE FULL AMOUNT OF THE FINE HAS BEEN RECEIVED BY THE EOARD OFFICE, RESPONDENT AGREES TO CEASE PRACTICE UNTIL SUCH WRITTEN CONFIRMATION IS RECEIVED or 3. - Pursuant to Section 456.072, Florida Statutes, Respondent agrees to pay the Department for any administrative costs incurred in the investigation and preparation of these cases. Such casts exclude the costs of obtaining supervision or monitoring of the practice, the coat of quality assurance reviews, and the Board?s administrative cost directly associated with Respondent?s probation, if any. The agreed upon amount of Department costs to be paidin thesecasesincludes but shall not Thousand Dollars 3 . Riclwd A. Hill. 0.0; Case Nos. 2006-06296. 200542336. 2002-0] I96. 2004-20914, and I?m-l 1766 7149 1150 Respondent will pay 'costs to the Department of Health, Division of MQA/Compliance Mgmt. Unit, P.O. Box 6320, Tallahassee, Florida 32314-6320, Attention: Board of Osteopathic Medicine Compliance Of?cer Within two (2) years from the date of ?ling of the Final Order in this cause. Any post-Board costs, such as the tests associated with probation, are not included in this agreement. Respondent has the option of petitioning the Board for additional time to pay the costs in this matter. I RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE COSTS IS HIS LEGAL OBLIGATION AND RESPONSIBILITY AND RESPONDENT AGREES TO cease PRACTICING IF THE cosrs? ARE NOT PAID AS AGREED T0 In THIS SETTLEMENT AGREEMENT, SPECIFICALLY: IF. WITHIN 215, DAYS OF THE DATE OF FILING OF THE FINAL ORDER, RESPONDENT HAS NOT RECEIVED WRITTEN CONFIRMATION THAT THE FULL AMOUNT OF 1' HE COSTS NOTED ABOVE HAS BEEN RECEIVED BY THE BOARD AGREES TO tense PRACTICE uum?socu? WRITTEN CONFIRMATION Is RECEIVED BY RESPONDENT FROM THE BOARD. 4. - Respondent shall perform two hundred (200) hours of community service, within two (2) years of the date of ?ling of the Final Order. Community Service shall be de?ned as the delivery of medical services directly to patients, or the delivery of other volunteer services in the community, without fee Or cost to the patient or the entity, for the guard of the people of the 4 ?lm A. Hill. 0.0.: Case Nos. 2006?06196. 2005162336. 2002-4? [96. 2002-0040! . ZW-IWM. and 2092-11765 1151 State of Florida. Community service shall be performed outside the physician?s regular practice setting. Respondent shall submit a written plan for performance and completion of the community service to the Board for approval prior to performance of said eommunlty service. A?idavits detailing the completion of community service requirements shall be filed with the Board as required by the Board. 5. - Within one year of the date of the ?ling of a Final Order in this cause, Respondent shall attend ten (10) hours of Continuing Education (CE) in Sexual Boundaries. Reapondent shall ?rst submit a written request to the Board for approval pridr to performance of said continuing medical education coursets). Reopondent shall submit documentation in the form of certi?ed copies of the receipts, vouchers, certificates, or other papers, such as physician's recognition awards, documenting completion of this medical course within one (1) year of the date of ?ling of the Final Order in this matter. All such ?documentation shall be sent to the Board of oeteopathidMedi?ine, regardless 6f" whether some or any of such documentation was provided previously during the course of any audit or discussion with counsel for the Department. These how's shall be in addition to those hours required for renewal of "censure. Unless otherwise approved by the Board, said continuing medical education couree(s) shall . consist of a formal, live lecture format. 5 - Rkthenl A. Hill. 0.0.: Case Nos. 2006-06296. 3005-62336t 2002431196. 2002-0060]. 2001-209?. and 2002-! [1'66 1152 6. Suspension Language - Respondent?s license shall be suspended for a period of twelve (12) months; however, the Board will stay six (6) months of this seepension. 7. Wm - EffeCtive on the date Respondent's ilcense has been reinstated from Suspension, Respondent's license to practice osteopathic I medicine shall be placed on probation for a period of ?ve (5) years. The purpose of probation is not to prevent Respondent from practicing osteopathic medicine. Rather, probation is a supervised educational experience designed by the Board to make Respondent aware of certain obligations to Respondent?s patients and the profession and to ensure Respondent's continued compliance with the high standards of the profession through interaction With another osteopathic physician in the appropriate field of expertise. To this end, during the period of probation, Respondent shall comply with the following obligations and requirements: (A) Restrictions During?_ Probation - During the period of probation, Respondent?s license shall be restricted as fol?iovvsr I i. Indirect Supervision Respondent shall practice only under the indirect supervision of a Board-approved osteopathic phySician, hereinafter referred to es the "monitor", whose responsibilities are set by the Board. Indirect supervision does not require ?that the monitor practice on the same premises as I Respondent, however, the monitor shall practice within a reasonable geographic proximity to Respondent, which shall be within 20 miles 6 A. Hill. 0.0.: Cu: Nos 2005-06295. 2005-62336. EDIE-DI 2002-004?. 200440914. and 200241166 1153 unless othenivise provided by the Board and shall be readily available for consultation. The monitor shall be Board Certi?ed in Respondent?s specialty area unless otherwise provided'by the Board. In this regard, Respondent shall allow the monitor access to Respondent's medical recOrds,- calendar, patient logs or other documents necessary for the monitor to supervise Respondent as detailed below. ii. Required Supervision: a) If the terms of the Settlernent Agreement include indirect monitoring of the licensee?s practice, Reopondent shall not practice osteopathic medicine Without an approved monitor/sUpervls'or, as speci?ed by the Agreement, unless otherwise ordered by the Board. I b) The monitor/supervisor must be a licensee under Chapter 459, Florida Statutes, in good standing and without restriction or limitation on. his license. - In addition, Board may reject any proposed monitor/supervisor on the basis that he has previoust been subject to any disciplinary action against his medical license in this or any other jurisdiction, is currently under Investigation, or is the subject of a pending disciplinary action. The monitori?supenrisor must be actively engaged in the same or similar specialty area unless otherwise provided by the Board and be practicing within a reasonable distance or 7 around A. Hill, no; Case 1002.417? 1154 Respondent's practice, a distance of twenty (20) miles unless otherwise speci?cally provided for in the Settlement Agreement. The Board may also reject any proposed monitor/supervisor for good cause shown. Ill. Mechanism For Approval Of Monitor/Supervisor: a) Temporary Approval - The Board confers authoer on the Chairman of the Board to temporarily approve Respondent?s monltorfsupervlsor. - To obtain this temporary approval, Respondent shall submit to the Chairman of the Board the name and curriculum vitae of the proposed monitorfsupervism at the tithe this agreement is considered by the Board. Once a Final Order adopting'the Agreement is filed, Respondent shall not practice osteopethic medicine without an approved monitorlsupenrisor. - 'rempor'ary?oppro?v'ai shall only ?rema'i?n? in anger lint" the next meeting of the Board. b) Formal Approval Respondent shall have the monitor/supervisor with Respondent at Respondent?s ?rst probation appearance before the Board. Prior to the consideration of the monitor/supervism by the Board, Respondent shall provide to the monitor/supervisor a copy of the Administrative Complaints and Final Order in this case. 3 Richard A. Hill. Case Nos. 2006?06296. 2005-62336. 3003411196. 2002-00401. 2004-20914. and 20024 17605 1155 Respondent shall submit a current curriculum vita and a description of current practice from the proposed monitorlsupervlsor to the Board office no later than fourteen (14) days before Respondent's first scheduled probation appearance. Respondent?s monitor/supervisor shall also appear before the Board at such other times as directed by the Board. It shall be Reapondent?s reaponsibility to ensure the appearance of the monitor/supervisor as directed. Failure of the . monitorjsupervisor to appear as directed shall constitute a violation of?the terms of this Settlement Agreement and shall subject Respondent to disciplinary action. iv. Change In MonitorlSupervisor- In the event that Respondent's is unable or unwilling to ful?ll the responsibilities of a monitori'supervisor as described above, Respondent 'snaii immediately advise-the Board at this fact. Respondent. shall immediately submit to the Chairman of the Board the name of a temporary monitor/supervisor for consideration. Respondent shall not practice pending approval of this temporary monitor/supervisor by the Chairman of the Board. Furthermore, Respondent shall make arrangements with his temporary monitor/supervisor to appear before the Board at its next regularly scheduled meeting for consideration of the 9 Richard A. Hill. Cure Nos. 2006-06296. 2005-62336. 2002-01 196. ENE-OM01. 2004-20914. and 2002-! i766 monitorlsupewisor by the Board. Respondent shall only practice under the auspices of the temporary monitorfsupervisor (approved by the Chairman) until the next regularly scheduled meeting of the Board at which the issue-of the Board?s approval. of Respondent's new monitorlsupervlsor shall be addressed. v. Responsibilities Of The Monitor/Supervisor - The MonitOr shall: a) The monitor shall randomly choose and review 25, percent of Respondent's active patient records at least once every quarter for the purpose of ascertaining that Respondent is examining and treating female patients in the presence of a female Florida licensed health care provider and is adequately documenting his medical records: _ihe_ Respondent rnust document in the medical record the name of the female Florida licensed health care provider that was in the room during the examination and/or treatment of the female patient. The manner shall go to Respondent's office once every quarter and shall review Respondent's calendar or patient log and shall select the records to be reviewed. b) Submit reports on a quarterly basis, in affidaVlt form, which shall Include: ill Richard A. Hill. Can Noe 1006-06296. 3005-62336. 2002.0! :95. 2002?0040:. 2004-209?. and 3002-1 I166 1156 1) A brief statement of why Re?pondent is on probation; 2) A description of Respondent's practice (type and composition); 3) A statement addresoing Respondent?s compliance with the terms of probation; 4) A brief desoription of the monitor's relationship with Respondent; 5) A statement advising the Board of any problems have arisen; and 6) A summary of the dates. the monitor went, to Respondent's of?ce, the number of records reVIewed, and the overall quality of the records reviewed, and the dates Respondent. contacted the" monitor persuant to subsection 3), above. c) Report immediately to the Board any violations by Respondent of Chapters 456 or 459, Florida Stamtes, and the rules promulgated thereto. - d) Respondent?s. monitor shall appear before the Board at the ?rst . meeting of said Board following commencement of the probation, and at such other times as I Richest} A. Hill. Cm N06. 2006-06296. 2005-62335. 20024)] IN. 2002-004?. 2004-209?, and 2002-! [7&6 1157 directed by the Board. It shall be Respondent's responsibility to ensure the appearance 0f Respondent's monitor to appear as requested or directed. If the approved monitor fails to appear as requested or directed by the Board, ?e Ii vi. Reports Erom Respondent - Respondent shall submit quarterly repors?. in af?davit form, the contents of which may be further speci?ed by the Board, but which shall include; h. brief stetement of why Respondent is on probation; b) A description or practice location; c) A description of current practice (type and composition); d) A brief statement of compliance with probationary terms; e) A description of the relationship with monitoring osteopathic physician; A statement advising the Board bf any problems which have arisen; and - i2 Richard A. Hill. 0.0.: Case Nos. 2000-06296. 2005-62336t 196. WWI. 2004-20915. and 2002-! I766 1158 1159 A statement addressing compliance with any restrictions or requirements imposed. vii. Continuity 01' Practice: a) Trolling Provisions - In the event Respondent leaves the State of Florida for a period of thirty days or more or otherwise does not engage in the active practice of medicine in the State of Florida, than certain proVisions of Respondent's probation (and only those prorrisions of the probation) shall be toiled as enumerated below and shall remain in a tolled status until ReSpondent returns to active practice in the State of Florida: 1) The time period of probation shall be tolled; 2) The provisione regarding sopewision ?\rvhether' dined; or indireetr by; another osteopathic and required - reports from. the monitor/supervisor shall be toiled; . 3) The provisions regarding preparation of investigative reports detailing compliance with this Settlement Agreement shall be toned; and 4) Any provisions regarding community sen/ice shall be toiled. 3 . Richard 5. Hill. 110': Cm Nos. Emir-0629b. 2005-62336. 2Wa?l I96, 2002-00401. 2004-20914. Ind 2002.] 1160 b) Active Practice - In the event that ReSpondent leaves the active practice of medicine for a period of one year or more, the Board may require Respondent to appear before the Board'and demonstrate his ability to practice medicine with skill and safety to patients prior to resuming the practice of medicine in this State. 8; Permanent 91 Practigg (sexual Miscongpg 1 Respondent's practice is permanently restricted in that Respondent may not examine or treat female patients without the presence of a female Florida licensed health care provider who is licensed as a licensed practical nurse or higher. The Fiorida licensed health care provider cannot be related to Respondent. The Florida licensed health care providercs) must appear at a Board meeting, provide a curriculum vitae to the Board at least twenty (20) days prior to the Board meeting where the will appear, and must be approved by the Board. ?R?s?pdndentkill "give each 'f'ernale Florida health care provider" a 'copy' of?the - Administrative Complaint and Final Order in this matter. The female Florida licensed health care provider shall maintain a log of each such patient contact with said leg immediately available to a Department inspector upon request. Respondent is allowed to examine and treat his wife or any of his children without the presence of the Florida licensed health care provider. Further, each female Florida health care provider must submit reports on a quarterly basis, in af?davit form, which shall include: . l4 Ridwd A. Hill. Case Nos. IWWI. 20011-61336. 2002-!? 2002-00401. 2004-209". and 1003-! 1166 a) A brief statement of why Respondent is restricted; b) A description of practice location; c) of current practice (type and composition); d) A description or the yvith the Respondent; e) A statement advising the Board of any problems which have arisen; and f) A statement addressing compliance with any restrictions or requirements imposed. The female Flarida licensed health care prOVIder must repert Immediately to the Board any violations by Respondent of Chapters 456 or 459, Florida Statutes, and the rules promulgated thereto, A female Florida health care proviwr must subrnit these _rep0rts to the Board for as long as Respondent is practicing osteopathic medicine. - 9: -- - Respondent shall complete the medical feconls course offered by NOVA Southeastern School of Osteopathic Medicine, or a Board- approved equivalent, within one year of the date of ?ling of the Flnal Order. Respondent shall submit documentation in the form of certi?ed copies of the receipts, vouchers, certi?cates, or other papers, such as physician's recognition awards, documenting completion of this medical course within one (1) year of the date of the Final Order in this matter. All such documentation shall be sent to the Board of Osteopathic Medicine, regardless of whether some or any of such documentation was provided previously during the course of any audit or 15 . mm A. am. no; Case Nos. 200mm. 200M335. zoom ran, 2002-0040! . 2004-19914, mi 1502.: no; 1161 1162 discussion with counsel for the Department. These hours shall be In addition to those hours required for renewal of ?censure. Unless otherwise approved by the Board, said continuing medical education course(s) shall consist of a formal, live lecture format. I 10. a Respondent shall complete the Louis and Rules Course, administered by the Florida Osteopathic_ Medical Association, within one (1) year of the date of ?ling of the Final Order of the Board, In addition, Respondent shall submit documentation in the form of certi?ed copies of the receipts, vouchers, certificates, or other papers, such as physician?s recognition awards, documenting completion of this medical education course within one (1) year of the date of filing of the Final Order incorporating this Agreement. gamma}; "These" more shall Be 'in addition to? those repaired for renewal of Iioensure. Unless otherwise approved by the Board, said continuing medical education courses shall consist of a live, lecture format. . 11. - Respondent agrees never to register as a dispensing practitioner again in the State of Florida and if Respondent is currently registered as a diapensing practitioner in the State of Florida, Respondent agrees to relinquish his n5 Ri?hl?l A- Hi". Calif: Nils. 3W. 2HOH2336. l96. 2002-0040}. 2004-20914. and 300141?? "?1163 dispensing practitioner registration within ten (10) days of the ?ling of the? Final Order in this matter. 12. lanai Res - PRN Within sixty (60) days of the ?ling of the Final Order in this matter, Respondent shall contact PRN and be evaluated by PRN. if PRN deems that a contract is necessary, Respondent will enter into the PRN contract and comply the terms of the PRN contract. Respondent shall execute a release for the PRN to authorize the PRN to release information and medical records (Including records and records relating to treatment for drug dependence and alcoholism) to the Board as needed to monitor the progress of Respondent in the PRN program. Respondent shall cause the director of PRN to repert to the Board any problems that may occur with Respondent and any violations of Chapter 459, Florida Statutes, which occur within thirty days of the occerrence of any problems er violations of the lain. Violation of the PRN contract shall constitute a violation of the terms of the Final Order. Depending upon the recdmmendations In the PRN contract, the Board reserves Jurisdiction to add terms of restriction, probation, suspension, or other disciplinary terms against Respondent?s license. .. . 13. 5mm: Respondent is required to appear before the Board at the meeting of the Board where this Agreement is considered. orce - ntil fl - It is expressly understood 14. that this Agreement is subject to the approval of the Board and the Department. Richard A. Hm. Case Ros. 2006-00296, 2005-62336. 2002-01 '96. 20024311401. 2004mm. and 20024 1766 In this regard, the foregoing paragraphs (and only the foregoing paragraphs) shall have no force and effeot unless the Board enters a Final Order Incorporating the terms of this Agreement. 15. Luggage; - Respondent must keep current residence and practice addresses on ?le with the Board; Respondent shall notify the Board within ten (10) days of any changes of said addresses. 16. future Condgg; - In the future, Respondent shall not violate Chapter 456, 459 or 893, Florida Statutes, or the rules promulgated pursuant thereto, or any other state or federal law, rule, or regulation relating to the practice or the ability to practice medicine. Prior to signing this agreement, the Respondent shall read Chapters 455, 459 and 893 and the Rules of the Board of Osteopathic Medicine, at Chapter 64315, Florida Administrative Code. iolatio nsi a It is expressly understood that a Violation of the terms of this Agreement shall be considered a violation 'of a Final order of?the Board,'ror which disciplinary action may be winitiated pursuant to Chapters 456 and 459, Florida Statutes. 18. - Respondent, for the purpose of avoiding further administrative action with respect to this cause, executes this Agreement. In this regard, Respondent authorizes the Board to review and examine all inuestigative file materials concerning Respondent prior to or in conjunction with consideration of the Agreement. Respondent agrees to support this Agreement at the time it is presented to the Board and shall offer no evidence, testimony or I 8 Richll'd A. Hill. [10; Case NM. 2006-06206. 2005-51336. 2002-0! I96. 2002-0040! . zoos-zoom. and 2002-11?? argument that disputes or contravenes any Stipulated fact or conclusion of law. Furthermore, should this Agreement not be accepted by the Board;r it is agreed that presentation to and consideration of this Agreement and other documents and matters by the Board shall not unfairly or illegally prejudice the Board or any of its members from further participation, consideration or resolution of these proceedings. 19. .- - Respondent and the Department fully understand that this Agreement and subsequent Final Order incorporating same will in no way preclude additional proceedings by the Board and/or the Department against Respondent for acts or omissions not speci?cally set forth In the Administrative Complaint attached as Exhibit A. 20. WW - Upon the Board's adoption of this Agreement, the parties hereby agree that with the exception of costs noted above, the parties will bear their own attorney?s fees and costs resulting from 'vpronsecution hr defendant-this inatten- Respondent walyes-the' rlg'ht't-o'see'lc any" attorney's fees or costs from the Department and the Board in connection With this matterUpon the Board's adoption of this Agreement, Respondent expressly waives all further procedural steps and expressly waives all rights to seek judicial review of or to othErwlse challenge or contest the validity of the Agreement and-the Final Order of the Board. Incorporating said Agreement. 19 Richard A. Hill. 0.0; Can: Hm. zoos-oozes. zoos-62336. zooz-oi I96. 2002-00401. 2004-20914. and 2002-: me 1165 SIGNED this 3 a day of MAY .2oo?. man/?Zoe Ric?ard A. Hi i, 0.0. Before me; personally appeared whose identity is known to me by L- (type of Identi?cation) and who, under oath, acknowledges that his/her signature appears above. Sworn to and subscribed before me this day of 2003,. QM 77! Home? 90 IC . My Commission Expires:4/3// 0 APPROVED this clay of 200$. M.D., M.P.H. NOTARY PUBLIC- OF FLORIDA A. McConnell, Jr. Cozarnission DD536133 Rio-ms: APR. 03, 2010 Dundee Tum Atlw?e Bonding (20., Inc. Ana M. Viamonte .Biauntl?ar Assistant General Counsel Departmeniof?eaith. J. Blake Hunter Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way Tallahassee, FL 32399?3265 Florida Bar No. 0570788 (850) 245-4640 Telephone (850) 245-4634 FAX 20 Richard A. Hill. 0.0.: Case Nos. 2006-06296. 200562336. 20024! I96. WWI. 20?44?09". and 200241766 1166 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, v. CASE No. 2005-62336 RICHARD ALLEN HILL, D.O., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, by and through is undersigned counsel, and ?les this Administrative Complaint before the Board of Osteopathic Medicine against Respondent, Richard Allen Hil, D.O., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of osteopathic medicine pursuant to Sectio'n 20.43, Florida Statutes, and Chapters 456 and 459, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed osteopathic physician within the state of Florida, having been issued license number 05 6639 on June 25, 1993. (non/ll 1229 3. Respondent's address of record according to Petitioner?s licensure records is 401 SW Timber Trail, Stuart, Florida 34997. 4. Respondent's last known address is Yazoo City Federal Correctional Institution, Yazoo City, Mississippi 39194. 5. On or about June 24, 2005, Respondent was adjudicated guilty in the United States District Court, Southern District of. Florida, West Palm Beach Division, case number of conspiracy to evade the reporting requirements and impede, impair, and obstruct the lawful functions of the Internal Revenue Service. Respondent was sentenced to twenty?one - (21) months imprisonment, two (2) years of supervised release, payment of assessment in the amount of one hundred dollars ($100.00) and payment of restitution in the amount of two hundred two thousand three hundred ninety dollars 5. Respondent?s adjudication of. guilt resulted from his participation in a scheme whereby he used his osteOpathic medical license to purchase re-sold those dmgs, used the proceeds from those sales to purchase assets, placed those assets in the names of nominees and thereby evaded the payment of federal income taxes. 1230 1231 6. The adjudication of guilt that was entered on or about June 24, 2005 for conspiracy to evade the reporting requirements and impede, impair, and obstruct the lawful functions of the Internal Revenue Service was directly related to the practice of osteopathic medicine in that Respondent was acting in the capacity of an osteOpathic physician when he purchased the prescription drugs that he resold, thereby committing the offenses that were the subject of the adjudication of guilt. 7. The qualities that are essential to the practice of osteopathic medicine include respect for human life, respect for property and reputations of persons, honesty, integrity, judgment and a willingness to abide by the laws of the State of Florida. Respondent breached the trust and con?dence the citizenry and the Legislature of Florida entrusted in him when he used his osteopathic medical license to purchase prescription drugs, re-sold those drugs, used the proceeds from those sales to purchase assets, placed those assets in the names of nominees and thereby evaded the payment of federal income taxes. Respondent?s conviction of conspiracy to evade the reporting requirements and impede, impair, and obstruct the lawful functions of the Internal Revenue Service demonstrates that Respondent lacks these essential qualities as well as a disregard for his role as a physician and for the public?s 1232 trust in him. Thus, the crime. of which the Respondent was found guilty and convicted is a crime related to his practice of osteOpathic medicine or to his ability to practice osteopathic medicine. 8. Section Florida Statutes (2004), provides that being convicted orfoUnd guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of osteopathic medicine or to the ability to practice osteopathic medicine constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. 9. Based on die foregoing, Respondent has violated Section Florida Statutes (2004), by being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of osteopathic medicine or to the ability to practice osteopathic medicine. WHEREFORE, the Petitioner respectfully requests that the Board of Osteopathic 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 hes billed or collected, remedial education and/or any other relief that the Board deems apprOpriate. SIGNED this day Of . 2005. M. Rony Francois, M.D., M.S.P.H., Secretary, Department of Health Ma ise O?Brien Assistant General Counsel DEPARTMENT OF HEALTH DOH Prosecution Services Unit EPUTYC 4052 Bald Cypress Way, Bin ?mi-(jam. Tallahassee, FL 32399-3265 DATE - Florida Bar No. 306754 (850) 245?4640 (850) 245-4681 FAX - PCP: v. {.1006 PCP Knvfaa?lhad- DOH V. Richard Allen Hill, 0. 0., Case Number 2005-62336 1233 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 quali?ed 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. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred cosB related to the investigation and prosecution of this matter. Pursuant to Section 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 disciplline imposed. DOH v. Richard Allen Hill, 0. 0., Case Number 2005-62336 1234 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PEITTIONER, v, CASE NO. 2006-06296 RICHARD ALLEN HILL, D.O., RESPONDENT. ADMINI TIVE OMPLAINT COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and ?les this Administrative Complaint before the Board of Osteopathic Medicine against Respondent, Richard Allen Hil, 0.0., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of osteopathic medicine pursuant to Section 20.43, Florida Statutes, and Chapters 456 and 459, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed osteopathic physician within the state of Florida, having been issued license number 05 5639 on June 25, 1993. 1339 1340 3. Respondent's address of record according to Petitioner's iicensure records is 401 SW Timber Trail, Stuart, Florida 34997. 4. Respondent?s last known address is Yazoo City Federal Correctional Institution, Yazoo City, Mississippi 39194. 5. On or about January 14, 2005, Respondent pled no contest and was adjudicated guilty in the County Court of the Nineteenth Judicial Circuit in and for Indian River County, case numbers 120040096 A 01, 12004096 A 02, 120040097 A 01, 120040099 A 01 and 120040100 A 01 of battery. Respondent was ordered to pay a ?ne and costs in each of the cases, sentenced to 364 days of supervised probation, and ordered to have ?no contact with the 6. Respondent's adjudication of guilt resulted from allegations of five female patients who reported inappropriate or offensive touching. 7. The adjudication of guilt that was entered on or about January 14, 2005 for batt?ry is directly related to the practice of osteopathic medicine in that Respondent was acting in the capacity of an osteopathic physician when he examined and touched the women thereby committing the offenses that were the subject of the adjudication of guilt. 8. Section Florida Statutes (2004), provides that being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of osteopathic medicine or to the ability to practice osteOpathic medicine constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. 9. Based on the foregoing, Respondent has violated Section Florida Statutes (2004), by being convicted or found guilty, regardless of adjudication, of a crime in any jurisdicb'on which directly relates to the of osteopathic medicine or to the ability to practice osteopathic medicine. WHEREFORE, the Bedtioner respectfully requests that the Board of Osteopathic 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, conec?ve action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. 1341 1342 SIGNED this g5; day of 2006. M. Rony Frangois, M.D., mo Secretary, Department of Health W?m Ma?iise O'Brien . Assistant General Counsel DOH Pmsetution Services Unit 4052 Bald Cypress Way, Bin C-65 DEPWG Tallahassee, FL 32399-3255 GLEBW Florida Bar No. 306754 In (850) 245-4640 (850) 2454681 FAX lJ't . fawn? PCP Members: 7 4Jr5clel . 00H V. RIdeAllen H174 0.0., Case Number 2006-06296 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 quali?ed 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. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred com related to the investigation and prosecution of this matter. Pursuant to 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 innposed. 00H RimardA/Ien 0.0., Case Number 2006-06296 1343 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. . 1 CASE No. 2002-01196 - 2002-0040; RICHARD ALLEN HILL, RESPONDENT. I COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, ?les this Administrative Complaint before the Board of Osteopathic Medicine against Respondent, Richard Allen Hill, 0.0., and in support thereof alleges: 1. I . 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 459, Florida Statutes. I . I 2. At all times .nTaterial to this Complaint,'Respondent was a licensed osteopathic physician within the state of Florida and was issued license number 05 6639. - 3. Respondent?s address of record is 2581 South University Drive, Davie, Florida 33324._ . A I I I FACTS RELATING 10 CASE zen-gusts I 4. On or about March 4, 1998, Respondent registered as a dispensing practitioner. 1362 . 5. On or about January .2002, Agency for Health Care Administration Investigators conducted an unannounced dispensing practitioner inspection. - 6. Initially when asked by the AHCA investigators, ReSpondent denied that he was a dispensing practitioner. I 7. Investigation revealed that Respondent did not keep accurate and of the receipt of medications or records regarding the dispensing of medication. I - When asked a second time, Respondent denied that he was dispensing medication. I 9. . Investigation revealed that Respondent failed to label controlled substances appropriately with the .patient's name, the physiclanfs name and address, the instructions for taking the medication, and if refills were available. I Investigation revealed. that the controlled substance prescription forms 10. kept by the Respondent failed to contain the patient?s full name and address, the practitioner?s ?Jll name and address, the practitioner's. DEA number, the prescription 1363 number, and the initials of the-practitioner filling the prescription; 11. Respondent failed to diSplay a sign relating to the availability-of generic drugs. 12. When asked a third time, Respondent admitted to dispensing medication. - Respondent failed to?advis?e patients that the prescriptions could be filled on the premises or at any pharmacy. I I 14. Respondent failed to mark the prescription labels with the expiration or discard date or prOVlde it in written form. i 15. On or about January 28, 2002, Respondent voluntarily surrendered his dispensing practitioner registration. '16. - On or, about February 7, 2002, during an? unannounced re-inspection ReSpondent indicated that he had ceased dispensing, which was verified through medical records. I COUNT ONE 17. I Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) as?if fully set forth herein- I I is. Section Florida Statutes (2001), sets forth grounds for disciplinary action by the Board pf Osteopathic Medicine and provides that an may be subject to discipline for failing to perform any statutory or legal obligation placed upon the licensed osteopathic physician; I '19. Section Florida Statutes (2001), sets forth that dispensing practitioners must, before di5pensing any drug, give the'patient a written prescription and orally or in writing advise the patient that the prescription may be filled in the practitioner?s office or at any pharmacy. 20. Section Florida Statutes (2001), sets forth that dispensing practitioners must comply with and be subject to all. laws and rules applicable to pharmacists and pharmacies, including but not limited to, Chapter 465 and Chapt?rs 499 and 893' and all federal laws and federal regulations. I 21. Section Florida Statutes (2001), requires that every community pharmacy shall display in a prominent place that is in clear and unobstructed public view, at or near the place where prescriptions are dispensed, a Sign ?1364 - I in block letters not less than one inch in height which shall read: YOUR PHARMACIST CONCERNING THE AVAILABILITY OF A LESS EQUIVALENT DRUG AND THE REQUIREMENTS or FLORIDA 22. Florida Statutes (2001), sets forth that a drug may be dispensed under the condition that af?xed to the original container in which a controlled substance is delivered Upon a- prescription or authorized refill thereof, as hereinafter provided, there shall be a label bearing the following information: (lithe name and address of the pharmacy from which the controlled substance was dispensed, (2) the date on which the prescription was filled, (3) .?the number of the prescription as recorded in the prescription ?les of the pharmacy in which it is filled, (4) the name of the prescribing practitioner, (5) the name of the patient, (6) the directions for use, and (7) a clear and concise warning that it is a crime to transfer the controlled substance to any other person. him,'ln one or more of the following ways: a. By failing to display a'generic drug sign; By failing to properly complete medical labels prior to dispensing; c. By failing to "advise patients that the prescription can be ?lled or'at any other pharmacy; I By failing to document the eXpirationidiscard date; By failing to properly document controlled substance prescriptions; f. By failing to keep records relating to the dispensing and purchase of controlled substances. I 1365 23. Respondent falled to perform a legal or statutory obligation placed upon i 24. I Based on the foregoing, Respondent has violated Section Florida Statutes (2001), by failing to perform a'legal or statutory obllgatio'n placed upon a licensed osteopathic physician. A 1 I I COUNT TWO 25. Petitioner realleges and paragraphs one (1) through sixteen (16) as if fully set forth herein. I 26. I Section Flarida Statutes (2001), sets forth grounds for disciplinary action by?. the. Board of Osteopathic Medicine and provides that'a physician may be subject to discipline for imprOperly interfering 'wlth an investigation or with any distiplinary proceeding. 27. Respondent improperly interfered, with an investigation in thathe falsely informed investigators that he was not dispensing medications. - I 2.8. Based on the foregoing; Respondent has violated Section Florida Statutes (2001). by improperly interfering with an investigation or with any I FACTS TO use 2002-00401 2S. In approXimately September 2600, Respondent began treating Patient SP. for pain medication management in relation to an injury for which Patient S.P. was claiming workman?s compensation. 30. . Respondent kept little or no medical records in reference to the examina?on and/or treatment he provided to Patient S.P. - 31. . Respondent, or his agents, required Patient S.P. to tender payment in full upon receipt of the services rendered by the Respondent. ?i366 i . 32. Respondent, or hls.agents, Would subsequently?submit claims for payment for services to the State of Washington's Department of Labor and Industries Division of- - Industrial Insurance?C?State. of Washington?). 33. The State of. Washington would pay the Respondent for a portion of the treatment provided. 34. The Respondent, or his agents, did not refund any money to Patient S.P. for the amount the Respondent was paid by the State of Washington. 35.. On orabout April 26, 2002, Patient S.P. requested a copy of his medical records. 36. On or abbut May _17, 200-2, Respondent, or his agents, responded that the charge for copying medical records was $1.50 perpage and told' Patient that the file "was ah" estimated 500 pages arid that heshould' send a check for $750 and the records. would he issued. 37.. Patient S.P. riled a complaint with the Department or Health in reference to the Respondents Eilure monies-to -Patl:e'nt and failure to provide 'him?. with a copy of his medical records. I 33. Respondent offered to pay Patient S.P. fii?re hundred dollars ($500) to drop 7 the complaint filed with the Department of Health. COUNT THREE 39. I Petitioner realleges and incorporates paragraphs one (1) through three (3) and twenty-nine (29) through thirty-eight (33) as if fully set forth herein. It 40. section Florida Statutes (2000), sets forth grounds for disciplinary action by the 1 Board of Osteopathic Medicine and provides that an I osteopathic physician may be subject to discipline for falling to keep legible medical records that identify the licensed osteopathic physician or the osteopathic physician extender?and supervising osteopathic physician by-name and professional title who is or are responsible for rendering, ordering, _SUpervising, or billing. for .each diagnostic or treatment procedure and that the course of treatment of the patient. -41. Respondent failed to leap legible medical? records that identify the licensed osteopathic physician and'that jUStify the course of treatment oi the patient; in one or more of the follouzing ways: a. 'By failing to keep medical records tor Patient S.P.. that identify Respondent as the licensed osteopathic physician;' By falling to document examinationsand the medical records; and/or . By failing to document an adequate justification for the course of treatment for Patient SP. 45.. Based on the 'rar?golaggnespaadem estimated'setaonassmsoya), Florida Statutes (2000), by failing to keep legible medical records that identify the licensed osteopathic physician and that justify the course of treatment of the patient; . . counrroun 43. Petitioner realleges and incorporates paragraphs one (1) through three (3) and twenty-nine (ZED-through thirty-eight (38) as if fully set forth herein. - 44. .Section Florida Statutes (2000),- sets forth grounds fOr disciplinary action by the Board of Ostec'ipathic Medicine and provides that an 1368 osteopathic physician may be subject to discipline for making deceptive, untrue, or i . i '1 fraudulent representations in or related to the practice of osteopathic medicine or employing a trick or- scheme in the practice of osteopathic medicine. 45. Respondent made deceptive, untrue or fraudulent representations in. or related .to the practice of osteopathicmedicine by collecting full payment for services. rendered from the ?patient, then submitting insurance claims for services rendered and failing to reimburse the patient. I - 46. Based on the foregoing, ReSpondent has violated Section Florida .Statutes (2000), by making deceptive, untrue, or frauddlent representations in. or related to the practice of a profession. I COUNT FIVE 47. Petitioner realleges and incorporates paragraphs one (1) through three (3) and twenty-nine through thirty-nine (39) as if fully. set forth herein. I 48. Section Florida Statutes ?(2001), sets forth grounds for - disciplinary action by the Board of Osteopathic Medicine and provides that an physician riin be subject to discipline for eatercising on the patient or client in such a manner as to eXploit the patient or client for financial gain of the licensee or a third party which shall include, but not be limited to, the promotion or sale of services, goods, appliances, or drugs. 49. Respondent exercised in?uence on the patient or client in such a manner as to exploit the patient or client for ?nancial gain of the licensee, in one or more of the following ways: a. By accepting payment from two parties without refunding excess monies to the patient; and/or 1369 i I- I I b. By offering to pay Patient S.P. $500 to drop the disciplinary charges against the Respondent. I 50. Based on the foregoing, Respondent has violated Section Florida Statutes (2001), by exercising in?uence on the patient or client in such a rnanner as to exploit the patient or client for financial gain of the-licensee.? COUNT SIX .51. Petitioner reallegesand incorporates paragraphs one (1) through three and twenty-nine (29) (39) as if fully set forth herein. - 52. Section Florida Statutes (2001), sets forth grounds for disciplinary action by the Board of OsteOpathic Medicine and prdvides that an osteopathic physician may be subject to discipline for violating any provision of Chapter 459, Chapter 456, or any rules adopted pursuant thereto. 53. Rule 643154130030), Flbrida Administrative Code (EA.C.), holds that the reasonable cost of reproducing copies of written or typed documents or reports shall?be as follows: For the-first 25 pages, the cost- shall be no more than $1.00 per page. For each page in excess of 25 pages, the cost shall be no 'more than 25 cents. S4. Respondent violated a rule adepted pursuant to Chapter 459, in that, Respondent, or his agents-charged more than the. established maximum charge for copies of medical records; 55. Based on the foregoing, Respondent has violated. Sech'on Florida Statutes (2001), by violating a rule adopted by the Board of Osteopathic Medicine, to wit: Rule EA.C. "1370 ?"1371 . - i i WHEREFORE, the Petitioner respectfully requests that the Board of Osteopathic 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 ?ne, issuance of a reprimand, placement of the Respondent on probation, cerrective action, refund of fees billed or collected, remedial education and/or any' other relief that the Board deems appropriate. .SIGNED this day of John 0. Agwunobi, M.D., M.B.A. Secretary, Department of Health 2603. jig-r Trisha D?E??owles' Assistant General Counsel .9 DOH Prosecution Services Unit o\0 4052 Bald Cypress Way, Bin (3-65 o3 Tallahassee, FL 32399?3265 gs?" Florida Bar 0179392 - a - - '(850) 410-4663" (850) 414?1939 FAX Reviewed and approved W?nitials) Wm?e) - PCP: 4e?- ees, groer . PCP Members: RichardA?en Mi; a. 0., 2002-01195 2002-00401 10 notice or 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 quali?ed 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. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs -related to the investigation and prosecution of this matter. Rursuant Section Florida Statutes. the Board shall assesscosm related to - the-investigation and prosecution of a disciplinary matter, which may include ,atEQmey hours and costs, on .the. Respondent? in~ addition- to any other? . discipline imposed. Ridiatd AI/en Hm;- 0.0., 2002-01195 2002-00401- 11 ?oractice of? o?te?opathic- rhoij'iciine pursoa'nt _to Section 20.43, Florida. Statutes, 'C'hoptep 456, and; Chapter 459:, Florida. Statut??._ i STATEDF FLORIDA - DEPARTMENTOF. HEALTH DWARTMEMQEHEAL ?0016 50?. 1 . I RICHARD: ALLEN. . COMES NOW, 'Pe?'tionen Deoa'ftmeot of Health-by aod thrown-its Undefsignedv'ooun'sel, .and b?fore the Board of -Osteooathic Medicine-against Resoondent, RiChard Alleo Hill, 0.0., I and" in support thereof allieges': fl. . . PetipiOnor'i's the-state department charged with regulating th?_ 2 At Iall- -mate.fia'l to 'this- Comploint, Respondent Was .1 lioensed? Physician ?Wi?hi?ithe - State? bf Florida, having been ?isou?d licesnse' number.?6639. I DOH v. whim-11766 . 1709 Respondent?s address of record is?C/o Monter'ey Medical Health,.' SW63: .1050 Southeast Montererv Road, #101, swan, Florida not .., rem-r . boards rebogniz?ed by the'Board efl'Os'teopathic 9 rem 3- .- A _35. Oniorabout tic; i did femai?e, to; .mgdicai ?gsi'ty-haypeqDayigurgenteare; Sir - u. . 6. Patient Went. 'tq?lthe' Davie Ifapilityi'fpt treatrnent ef'teet'comblaintsi'." - I I I . I I Both Respondent and a originally tteated Patient A tinwe tarne during-the medical eva'lijation that the-inu'rse'l'eft? the Irodma'nd: Respondent and iDatient were alone. - I Respondent 'abdut'h'ef"past' and determined that?she had prei/iouslyhad stpiihach probl?m??a . 10., Respondent asked if he?could examine {Patient . . tnegptevidt?i's stonj'aCh?probletns. - 1 a had Patient back en the examinatidn tab]; if Respendent 'p'reseed-his fingers against-Patient Cliff: . i UPWards Edurse? ?of I'eicai?ninati'on Patient breasts and lifted-up'nershitt. . I . 2. A?dtt?histm?w Complaint 1710 . 14. 15.: ?At'that Patient sat up" aria Resbondfeht?stOpped' th? 'v . prud?nt. oSteopathi;_ ?gm-?gr andf-dgrtumsf?hces? .w0uId ?sitinil'ar: ?x?r?inatidn with a problems; page"; 0.1..- ?1 - . - "ii-auteurPatient f?ehalei bo-rh?anX-Ildvemb?r 1?0, W'a?slj'a- - I "p?tien't' in th? Urgent IC'z'are Me?ical .C?nt?r; ?ayie,h? Fldri'da, 205;. - '18; Pati?nt wl?nt to this fagility for??eatmehf of inj?ri?es' She sustained in an ?cddegit. I - I i I I'Res'porilcl?ht- ?valu?igd Pa?Eht' bin, referreq . s?zheduled. he'r fpfa fbl?lpv?r?up ??p?ihtmeht inbte Nbx?emb?r. -. - I 20. "During, this ?tated that she .1 hadfrOm'n?g?k I A 3 I I '21. ReSpondent Pati?nt :gef'a massage-L 22. . 'shoWh . .Sh?e wag m?t bya masSa??fh?yap?. Dom. um 2002-11265 3. Adn?nistntivu Compiaint 1711 . I - l_ Patit?ent was to. t?k? ?off ?donaaini?aglgown24. The massagmas.giyem?my?the?mass?ge -- .- .Paitieht lthe roomf - I . I f; - 2 towards the End?of DLL. Was-lyi?g oh her I I '1 97.? mst?ag?th?rapist an'df ,i - :1 r?ar?sage?-on hi5 own.? The ther?pist. J?ft: {He . Resb?nde?t ??d'Pati?Respondent; began mas?ading ?Patie?r?n'; Ioth??vhg-?kI-and? {hen the body. I - I . "??5pdndent th?n asked Patient ?to?turri over'on He? bac'k; A ?c-R?spondlenf the sides; of her tors? a?d?hipsQ . 31-; -.Res?ondeht mass?g?d th? top, bottbn?, ?nd: sides ofT 'P?ti?ht . I I I kn'ock'-was heard on" the L?dpr of the? rpof? and Respoh-dem': I. y. . . midgkedme door and d?ened it, tannins:th the massag?.?. . 4. . . . I M5 1712 - .33.. A reasonably ?gteopath?F .I?hYS'iCia'? We? S?m?iar ee?ditione and.l'circur.nstences.vwould net hax?fe teu?hed Patient in this - I h. A .reaSonably prudent esteopa?th?ic.? physician .u?der 'si'm'il.ar Co?Qif'iens tand' eir?umstanCes ?vo?ld have "?n'a'ssistee?e in. the ?00m: conducting a physiCa! examinatipri of allfemaleipetiehf. 3: a 35." Pe't'itiener realiegee end ?iecorporatee fpafaQr?pHsi'th'r'ou'gh' thirty-five (35) as 'iffully setfforfth herein," 36..- Settidn 459.0141,- Florida Stet-Life's that seiuel: misconduct; in, the practice ,ef. .esteopathic medicine cthtitIutes .grgunds for disciplinary?aetion.? - 9' '37: "Rlespond?rit'_ a?ctjicin? ?ebhstit?t?d. f??ek?a'l when. he - did ope or more of the foi?oiying: ?v e. When he .touehed the brea-St _and'torse ef - Wheh he teachee Patient D.L. - .38 Respendeh't- ?as?vi'olat?ed Section. 45956141; Flo-ride I'St'atutes (20539003); I by shapp-mpriat?ly .to?chi?g Patients m. I DOH v. Hi1: 2092-11266 . Administralive Gawain: ?1713? 39., Petitioner reatleges and? incorporates ?gang: .A herein. - . I 540;: gem statute? y' 'i?the' ti) "?tactice ost'ejqpathid'. medicin? With that: l?tr??l 1" which. .is by .a as ?acpebtabie phdet ?ctitgumsta-nc?s dis?Cilplinair?y ?cti?o?ti: osteopathichedicme' 1? I i tbj?erform Ibstetipathit: mediditte- ?1 level It:th bare; ?kill, ahd- treatm?ht Which. is recogniied byf? prudent 'sitnilar osteopathic physician as' bain?g acceptable under _si'miia'r cift?mStanc?? 'h?ize? I - '1 when va- physic'al?examiha'tidn 0t, Etient C.Cl.i I II I I I 42. Based ?o'n the foregoing, .Requhd?nt ?is-attion Statutes- (2003),; when he-faill?d to have ah'etssi?tant . prestant tvh?enp?tforminga ?hYSi'cal ex?rtjination?C-Jf Rati?tit I - F?eiitioner requ??ts- that 'ithl?' Board 10f . ?Osteopathic Medicine'e?ter ?an order?imp'osing'bne or there quy?the foll?wmg I I i pen'alties': pgrmanent; r??votatiqp tar suspension of 'liic?nSa}_ bommia'zooz-nms 6 . A?n?nistrative'Complnint - i l"'1714 restridioncof practice, imposition 'of .an administrative ?ne, issuance??fi? 3" .I r. .11 _reprirr?landi,' splacement-y 0f. Respondent on p'fobatien; I fees billed 0r .. I relief that anld deems I I l. this. John O. . Department ?Assistant'Gederal-Cdgasel :v a 7 men? 6.?me - DOIijrosecutlpn Semces-let - . -4052_Bald? Cypress Way, Bin (33-65 95155. f. ?15? - Tallahassee, FL 32399-32615 - - - FlOrida Bar 0976792 I (850) 414-0126; (350)414-1989 FAX - Baas). Richard Alleh Hun-Fonz,DOH-cas? 003002411766 1? Reviewed and approved I (initials) (date) 11 .PCP: November ?18, 2005; Members: Hand, Kaufman . DOH v. Richard-Allen Hill, 0.0., 00H Case: No. 2002701765 - - "f 7- . Wise-alive Cum-aim . '1715 RIGHTS 1 . Respondent has. the right to request hearing to. be conducted. in accordance with Section. 120.569.. and 120.57, FlOridaStatutes, to. be-?represented by. nounsel. or..other?qualified.' n?ce' ?Call' and - representative; ?153?? @3335: ev cross-examine witnesses and to. have subpoena and. subpoena du'ces-tecum issued onghis'or her. behalf if a hearing. is.? requested; 2 NOTICE REGARDING ASSESSMENTOF costs. . Respondent is placed on notice that Petitioner. has. incurred? costs. related to._ the investigation and prosecutiOn of?thism'atter. - . ?f?wgutsuan?t?tbf?section Florida. Statutes, the; Board- Shall assess-?casts. related to the investigation and' prosecution of a' disciplinary matter, which may include attorney hours; andposts, .on the Respondent in ?addition to any other discipline imposed. 8 . Adminismdve Complaint ?1716 STATE OF FLORIDA DEPARTMENT or HEALTH DEPARTMENT OF HEALTH, I rammed, I . v; ?l ICASE Not-200420914? - ALLEN HILL, Dion, -. . . COMES NOW, Petitioner; Department of. Health, by undersigned :coonsel, and ?les Cod1plaidt ?before the Board ?of osteopathic Medicine agains?c Respondent, Richard Allen Hill, DD. and in'sti?pport thereof alleges: GENERAL I 1.. Fastener is. the agar-w easel-with . Reef-'9 Of . QSfeopajshic niedicine pursuant. to Section 20.913; Florida Statutes,.aod ChaptersAS? and- 459, Florida Siatutes. I . At 'all tinies material to this Complaint, Respondent. .?was a licensed osteopathic physician wishin?tlne state'of Florida, havino been-issued license number 05 :6639'on_June 25,1991; I I I I 3.- ReSpondentfs last known; address ibf record is 1060 Northwest 93"" Avenue, Plantation, Florida 33322. 1876 i . Fliers RELATED to emem its." 4. On or about February 5, mum-Patient an? 18 year-old female, I .- ?presented to Urgent Care West- in Vero Beach, Florida, with concerns regarding-possible bronchitis. 5. At the time Patient presented tinrge?ntCare West, Respondent I Was employed by the facility on a part-time basis. 6. Upon her presentation to Uroent Care West on or about February 5, 200.4, Patient K5. was escorted to an examination room by Respondent. . 7. According to Patient K.S., there was no one present in the enamination room other than herself and Respondent. 8. ether Patient explained her, presenting complaint to Respondent, Respondent asked Patient'K.S. if Ishewanted a breast examination and began rolling up the patients shirt before Patient K.S. responded. - I Mentoring tom?atient? Respondent ?fondling the patients - tit-easeintermittent, the-m; - - 10. Onor about April 20, 2004, Patient Ks. presented to urgent Care west- ?for a fellow-opvisit-regarding her complalnts of bronchitis. 11,- ?UponI-arrivaI-atthe facility, Patient K5. was informed by of?ee staff that there would be an hour wait because there was only one doctor available at the time. Patient K.S.-agreed to wait to be seen. 12. Approximately 15 or 20 minutes later, Respondent entered the lobby and asked Patient K.S. to go into an examination room. 1_3. Although Patient K5. was reluctantto be seen by? Pespondent,? she felt that she had no choice in the matter because she had taken time off from work and . needed to be examined because she believed that'she was suffering from a possible ?sinus infection. 3 '14. According to Patient K.S., checked the patient?s nose and ears and then asked the patient if she wanted another breast examination. Patient k..5."informed Respondent that she did not ?needianother' breast - examination. FACTS RELATED TO 2mm: no. I 16. On or about March 3? 2004, Patient'AL'Cq a 22 year?old female, presented I to Urgent Care West fora work-related cut on. her ankle. . 17. According to Patient Respondent treated the cut on her ankle, and then proceeded to tell Patient A.C. that Respondent believ?d the patient had a thyroid. - "tidbits. I is. to ?lie gain the table,- unbuckle her belt, and untuck her shirt. I I 19. Respondent then reached Patient shirt and bra and rubbed both'the pati'ent?s breasts. 20. Respondent did not inform Patient that he was going to perform a breast examination on the patient, or explain to Patient why he-was touching her breaSts. 1877 '21. Respondent then told Patient A.C. to return to the facility'in two weeks for a follow?up visit. 1 I .22. of the examination Respondent performed on Patient on or about March 2604,_ Pe$pondent and Patient were alone in .the . examination room. I ?23. Patient A.C. reported Respondent?s behaizior during the Maren 3, 2004 - visit'to her employer her-[injury was covered by? Worker?s compensation; and requested that she allowed to see a different physician. 1 24. Ion or about March 2004, Patient AC. presented to ?Urgent'Care-West? _wlth complaints that the cut on her ankle was becoming worseinstead of better, and ?was ekamined-by another physician; I . I 25. According to Patient A.C., after .the examination was completed, .ReSpondent entered the examination room. .. mum-.? -. - - A "T??at'har ?ahvsia??wna??za?iin?d? ?a??nt Kc; than I room, and Respondentnins-tructedPatie-nt doivnmon?the examination table, unbuckle her belt, and take her shirt out of her slacks; 27. Respondent then put his hand under Patient shirt and bra and rubbed her breast. - I i 28. ?During the - course of ReSpondent?s examination 'of Patient A.C., Respondent and Patient were alone in the examination room. 1878 1879 To PATIENT o,z. 29. 'On or about March 5,1- 2004, Patient 0.2. and her 9 year?old daughter both presented to Urgent Care West with complaints of 'earache. In addition, Patient 0.2. also had complaints Of stomach pain. 30. I On or about March 2004, Respondent examined bath Patient 0.2. and: her daughter, and, according to' Patient D.Z., there-was no on else present in the examination room during the time that Respondent examined both Patient and her. daughter.- I I 31. Respondent ?rst-examined Patient daughter, checking-her ears,, - nose, and throat, and concluded that Patient daoghter had an ear infection. - 32. Respondent next examined Patient ears, nose and throat. 33. Respondent then instructed-Patient 0.2. to lie down "on the examination table, unfasten her bra, and unbutton her shirt. rob?Pati?en't?szs?brea?s: - According to' Patent'az; Respondent did Indiana-the?patent 'a?ny' explanation as toth he was examining the patients breasts, or ask thepatient for permission to do so. I I - FACTS- RELATED TO L.M, 36.- I On or about March 15, 2004, Patient L.M., a 35 ,Year-old female with a history of.thyroid problems,.presentedtto Monterey Health Services 'Center in Stuart, Florida, for an appointment with Dr. Lyons pursuant to complaints of weight 1880 i. gain. nausea and fatigue. Patient L.M. signed in on the-sheet designated for Dr/ Lyons' patients. 37. Approximately 15 minutes later, Respondent'entered the waiting room, telling Patient L.M. that he would escort her-toan examination room. Respondent did not identify himself to- Patient L.M. _38. Once in the examination room,_ReSpondent- proceeded to question Patient L.M.-concerning her presenting complaints. 39. Respondent then left the examination room and-a female'nurse came into the room, identi?ed herself, and took Patient L.M.s vital signs. I 40. The female nLirse info'nned Patient -L.M.- of Respondent's at which time Patient L.M. informed the female nurse that she had an appointment with Dr. Lyons, and that was whom she _wanted to see. '-The female nurse then ?left. the examination room. . 4- returned'tof "ta?E?e?k noseand ears, and use a stethoscope to listen to Patient breathing. 42. Respondent then suddenly began tugging Patient shirt out of her- pantsyand instructed her-to lie'back on the examination table. 43. Respondent continued to pull up 'Patient L.M.'s shirt without her permission and then lifted her bra, exposing the patient?s breasts. 44. Respondent-then groped and fondled right breast;r while asking the patient if she checked her breasts regularly. tanner obtained the game or the blood work. - i i 45. Patient L.M. stated that she did check her breasts and that her gynecologist performed .an anndal breast examination on her. 46. I At -no tithe during Respondent?s examination of Patient L.M. did Respondent ask the patient to undress herself, explain to Patient why he was . removing her clothes, or explain to Patient L.M. why he was groping the patient?s breast; 47. During the course. at Respcindent?s examination of Patient L.M., Respondent and Patient L.M. were alone in the examination room. - 48. After. completion of Respondents examination of Patient L.M., Respondent sent the patient to have blood work cornpleted in another of?ce suite. .49. 'After'completion of the. blood work, Patient L.M. retude to the waiting room at-Monterey Medical Health. Services. 50. Respondent again entered the waiting room and escorted Patient L.M. to "an "tei?aminatian 'ro?hi', instrii??tih?g' the patient to wait in the examination roam until 51. While Patient L.M. was waiting in the examination room, Dr. Lyons entered the examination. and expressed surpriseupon seeing Patient L.M. Patient L.M..explained that she had' made an appointment to see Dr. Lyons-but was instead seen by ReSpondent.? . 53. Dr. Lyons reported to Patient L.M. that Respondent was notorious tot ?shopping? the?niaiting room for good?looklng Women, and indicated to Patient L.M. that Respondent had crossed Dr. Lyons? name off the patient?s chart and had treating'physician. handwritten his own name on the patient?s chart, indicating that he was Patient CCOLJNT- ONE 54. Petitioner reaileges' and incorporates paragraphs one through ?fty/three? (53) as if fully: set forth hereinSection Florida. Statutes (2003), provides that exercising in?nence within a patient?physician relationship-for?purposes of engaging a patient in 1 sexual activity constitutes grounds, for disciplinary action by the Board of Osteopathic Medicine.- Iv 56. . Respondent; in his capacity as a ?tensed osteopathic physician in Florida exercised in?uence within the relationships he eStahiish?ed Patients K.S., A.C., 0.2., and L.M. in order to engage the patients-in sexual activities on one or more Based . . 57. Florida (2003), by exercising in?uence within a patient-physician relationship for purposes of engaging a'patient in sexualactivity. I I COUNI TWO 58. Petitioner reaileges and incorporates paragraphs one through fifty-three- as if fully set forth herein. I I i I 59. Section Florida Statutes (2003); provides that violating any? provision of Chapter 459 or Chapter 456, or any rules adopted pursuant- thereto constitutes grounds for disciplinary action by the Board of- Osteopathic Medicine. 1882 a i A . 60. Semen 459.0141, Florida statutes (2003), provides that the osteopathic physician-patient relationship is I?i?ounded on mutual trust. Sexual misconduct in the - practice of osteopathic medicine means violation of the osteopathic physician-patient relationship through which the osteopathic physician rises the relationship to induce or attempt to-induce the patient to engage. or to engage or attempt to engage the patient, in sexual actiyity outside the scope of the practice or the .scope of generally accepted examination (Jr-treatment of the patient. Sexual misconduct in the practice of osteopathic medicine is prohibited. - 51. Respondent violated Section 459.0141, Honda Statutes (zoos), by using the. physician-patient relationships with Patients 0.2., and LM. to induce 'or' attempt to induce the patients to engagegor?to engage or engageithe patients; in sexual activity outside the scope of?the practice or the scope of generally ,a?ccepted examination or treatment of the patients on one or more occasions. ??1,735 WM Florida Statutes (2003?), by violating Section 459.0141, Florida Statutes (2003). WHEREFORE, the Petitioner reSpectfully requests that the Board of Osteopathic: Medicine enter an order imposing one or more of the following penalties: pennanent- 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, oorrecdve action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. sed on eaten, 83 . - SIGNED this gig? day of .2001. John M.D., M.B.A., Secretary, Department of Health . I . RICHATED SHOOP Assistant General Counsel Florida Bar 0389234 .DOH, Prosecution Services Unit? 4052 Bald Cypress Way, Bin (2-65 Tallahassee, Florida 32399-3265 Tel.:- (850) 414?8126 Fax: (850) 488-1855. -. .. I Reviewed and approved (date) PCP Damages/?5, PCP Members: Kagw? . NOTICE OF - Respondent has the right to request a hearing to be conducted in with sand -=Eiosid-a to represented by counsel or other quali?ed representative, t?_o_present evidence and alignment; to call-and Croats-examine witnesses and to have subpoena and subpoena duoes 'tecum. issued on his or her behalf if a hearing is requested. . NOT-ICE geeanomg Assessugm or c0515 'ReSpondent is placed on notice that Petitioner has v-incurred costs related .to? the investigation and prosecution of this matter. Pursuant to Section Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary?matter, whichmay include attorney hours and costs, on the Respondent in addition to any other discipline imposed. - . Richard A/Ien HM, 0.0., 00H case no. 2004-20914 10 "1884