Final Order No. 5 -MOA FILED DATE -M Department of Health By: I 6x) Deputy Agency Clerk Petitioner, CASE NO.: 2002-09221 vs. . LICENSE NO.: 08 0004416 STATE OF FLORIDA BOARD OF OSTEOPATHIC MEDICINE DEPARTMENT OF HEALTH, MICHAEL LATTERMAN, D.O., Respondent. ORDER APPROVING CONSENT AGREEMENT THIS MATTER came before the Board of Osteopathic Medicine at a duly-noticed public meeting held on February 22, 2003, in Fort Lauderdale, Florida, pursuant to Section Florida Statutes, for consideration of the Draft Administrative Complaint (attached hereto as Exhibit A) and the proposed Consent Agreement (attached hereto as Exhibit B) entered into between the parties in the above styled case. Petitioner was represented by Richard Shoop, Senior Attorney. Respondent was present and represented by Wilson Jerry Foster, Esq. Upon consideration of the Administrative Complaint and the proposed Consent Agreement in this matter, and being othennrise fully advised in the premises, it is hereby ORDERED AND ADJUDGED: 1. The proposed Consent Agreement is hereby approved, adopted, and incorporated herein by reference. 2. Pursuant to paragraph 6 of the Stipulation, Administrative Costs are assessed at $2,351.39. 3. Respondent?s Suspension is and he is approved to resume practice at Larkin Hospital. 4. Respondent shall be on PROBATION, which shall run concurrent with his criminal probation. As conditions of probation, Respondent shall file quarterly reports with the Board describing his practice and alerting the Board of any problems encountered. Respondent shall further enter into and comply with a PRN contract that shall last a minimum of 5 years from the effective date of this Order. During probation, if Respondent wishes to change practice settings, he shall first submit a practice plan for approval by the Board. 5. By consent of the parties, the FINE shall be increased to $5,000. Said Fine and the Costs shall become due and payable no later than one year from the effective date of this Order. 6. Respondent will adhere to and abide by all of the terms and conditions of the Consent Agreement and this Order. 7. This Order shall be placed in and become a part of Respondent's official records and shall become effective upon filing with the Clerk of the Department of Health. DONE AND ORDERED this 8 day of ,2003. BOA OF OSTEOPATHIC MEDICINE Pamela King Executive Director CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U. S. Mail to Michael Scott Latterman, 0.0., 300 South Pointe Drive, 1106, Miami Beach, Florida 33139.; Wilson Jerry Foster, Esquire, 1342 Timberlane Road, Suite 102-A, Tallahassee, Florida 32312-1762, and by hand delivery/United States Mail to the Clerk, Department of Health and its Counsel, 4052 Bald Cypress Way, Bin A02, Tallahassee, Florida 32399?1703, this ?i day of 39 w. 5 2003. ?2529 STATE OF FLORIDA DEPARTMENT OF HEALTH BOARD OF OSTEOPATHIC MEDICINE DEPARTMENT OF HEALTH, Petitioner, v. DOH Case Number: 2002-09221 MICHAEL D.O., Respondent. I CON ENT AGREEMENT Respondent Michael Scott Letterman, 0.0. and Petitioner Department of Health hereby agree to the terms set forth In this Agreement and to the entry of a Final Order of the Board of Osteopathic Medicine incorporating this Agreement and, in support thereof, state as follows: 1. Petitioner is the state agency charged with regulating the practice of osteopathic medicine pursuant to Chapters 20, 456, and 459, Florida Statutes. 2. Respondent waives a ?nding of probable cause and the ?ling of an administrative complaint in this matter concerning allegations that he is unable to practice osteopathic medicine with reasonable skill and safety to patients by reason of illness or impairment pursuant to Section Florida Statutes. 3. Respondent requests that the Board of Osteopathic Medicine consider the investigative report as compiled in this matter to be incorporated into the Stipulated Facts herein. A2530. TIPULA ED FACTS 1. At all times material hereto, Respondent was a licensed osteopathic physician In the State of Florida having been issued license number OS 4416 pursuant to Chapter 459, Florida Statutes. I 2. On March 1, 2002, the Florida State Attorney?s of?ce ?led an Information against Respondent in the Circuit Court for'Miami-Dade County in Case No. F02-4o34 (?Information?). The Information charged Respondent with five felony counts of lewd or lascivious battery on a minor In violation of Section Florida Statutes. 3. On or about October 9, 2002, Respondent pleaded guilty as to three counts of felonious lewd or lascivious battery on a minor. 4. Pursuant to a Uniform Complaint Form it received in connection with Respondent?s guilty plea, Petitioner commenced an investigation of Respondent and prepared a Draft Administrative Complaint (?Complaint?) in this matter. A copy of the Complalnt is attached hereto as Exhibit A. 5. Respondent neither admits nor denies the truth of the allegations set forth in the Complaint. 1. I Respondent admits that, in his capacity as a licensed physician, he is subject to the provisions of Chapters 456 and 459, Florida Statutes, and the jurisdiction of Petitioner and the Board of Osteopathic Medicine. 2. The Respondent admits that the facts set forth in the Complaint, if proven, would constitute a violation of Chapters 456 and 459, Florida Statutes. a 3. Respondent admits that the Stipulated Disposition in this case is fair, appropriate,.and acceptable to Respondent. ED DISPOSITION 1. QQNDUQ. The Respondent shall not in the future violate Chapters 456 or 459, Florida Statutes, or the rules promulgated pursuant thereto. Prior to signing this Agreement, the Respondent shall read Chapters 456 and 459 of the Florida Statutes. 2. Respondent?s license to practice osteopathic medicine shall be suspended until such time as the Physicians Recovery Network (PRN) completes an evaluation of Respondent and recommends to the Board of Osteopathic Medicine that Respondent can practice medicine with reasonable skill and safety to patients. 3. IgIAus RECQVERY NETWORK. Respondent shall participate and comply with the recommendations and directives of PRN. Respondent shall execute an advocacy/monitoring contract with PRN and shall cause the medical director of PRN to send a copy of said contract to the Board of Osteopathic Medicine. Respondent shall execute a release authorizing PRN to release information and medical records (including records and records relating to treatment) to the Board of Osteopathic Medicine and to Petitioner as needed to monitor the progress of Respondent in PRN. 4. PROHIBITIQN 0F QONTAQ muons. Upon the reinstatement of his license to practice osteopathic medicine, Respondent shall have no contact, supervised or unsupervised, withipatients under the age of eighteen (18) years unless the Board of Osteopathic Medicine ?rst authorizes Respondent to have such contact. 3 5. PROBATION. Upon the reinstatement of his license to practice osteopathic medicine, Respondent?s license shall be placed on probation and shall be made subject to any terms and conditions that are determined by the Board of Osteopathic Medicine to be reasonable. 6. REIMBURSEMENT OF COSTS. Respondent agrees to reimburse the Department for any administrative costs incurred in the investigation, prosecution, and preparation of this case, including costs assessed by the Division of Administrative Hearings, if applicable, and by the Board of Osteopathic Medicine of?ce. The costs in this case as of the date of the preparation of this Agreement are one thousand six hundred ninety-two dollars and 85/100 (?Costs?). Respondent shall pay the Costs to the Board of Osteopathic Medicine within sixty (60) days of the entry of a Final Order of the Board of Osteopathic Medicine. 7. ?ll; The Board shall impose an administrative ?ne in the amount of $1,000.00 (?Fine?) against Respondent. The Fine shall be paid by Respondent to the Board of Osteopathic Medicine within sixty (60) days of the entry of a Final Order of the Board of Osteopathic Medicine. THE RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE COSTS AND FINE IS HIS LEGAL OBLIGATION AND RESPONSIBILITY. If THE COSTS AND FINE ARE NOT PAID AS AGREED TO IN THIS CONSENT AGREEMENT, SPECIFICALLY, IF PETITIONER HAS NOT RECEIVED CONFIRMATION THAT THE FULL AMOUNT OF THE COSTS AND FINE HAVE BEEN RECEIVED BY THE BOARD OF OSTEOPATHIC MEDICINE OFFICE WITHIN SIXTY (60) DAYS OF THE FILING OF THIS FINAL ORDER. THE PETITIONER WILL SEEK TO PERMANENTLY REVOKE LICENSE. (SEE EXHIBIT B, PARAGRAPH A OF THIS CONSENT AGREEMENT FOR BOARD ADDRESS AND STANDARD TERMS). 2533 8. CONTINQINQ MEDICAL Respondent shall complete four (4) hours of CME's in ethics within one (1) year of the entry of a ?nal Order of the Board of Osteopathic Medicine. In addition, 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 education course within one (1) year of the entry of a Final Order of the Board of Osteopathic Medicine incorporating this Agreement. ?such documentation shall be sent to the Board of Osteonathic Medicine. regardless of whether some or any of such documentation was previously provided during the course of any audit or discussion with counsel for the Department. These hours shall be in addition to those required for renewal of licensure. Unless otherwise approved by the Board, said condnuing medical education courses shall consist of a live, lecture format. ANDARD PR VI NS This Agreement shall be governed to the extent applicable by the attached "Standard Terms Applicable to Consent Agreements", Exhibit B, which is incorporated as if fully set forth herein. 1. It is expressly understood that this Agreement is subject to the approval of the Board of Osteopathic Medicine. In this regard, the foregoing paragraphs (and only the foregoing paragraphs) shall have no force and effect unless a Final Order incorporating the terms of this Agreement is entered by the Board of Osteopathic Medicine. 2534 2. Respondent is required to appear before the Board of Osteopathic Medicine at the meeting of the Board of Osteopathic. Medicine where this Agreement is considered. 3. Respondent fully understands that this Agreement and subsequent Final Order incorporating same will in no way preclude additional proceedings against Respondent for any acts or omissions by Respondent not speci?cally set forth in the Complaint. 4. Upon the Board of Osteopathic Medicine's adoption of this Agreement, Respondent shall be deemed to have eXpressly waived all further procedural steps in this matter including all rights to seek judicial review of, or to othencvise challenge or contest, the validity of the Agreement and the Final Order of the Board incorporating said Agreement. 5. Upon the Board of Osteopathic Medicine's adoption of this Agreement, each party shall bear Its own attorney's fees and costs resulting from prosecution or defense of this matter. Respondent waives the right to seek any attorney's fees or costs from Petitioner In connection with this matter. 6. Respondent authorizes the Board of Osteopathic Medicine to review and examine all investigative materials compiled in this matter concerning Respondent in connection with its consideration of this Agreement. Respondent agrees that consideration of this Agreement and other related materials by the Board of Osteopathic Medicine shall not prejudice or preclude the Board of Osteopathic Medicine, or any of its members, from further participation, consideration, or resolution of these proceedings __2535 I Medicine. should the terms of this Agreement not be accepted by the Board of Osteopathic . SIGNED [1 day'of . .209. Michael Scott Latterman, D.O. Befpre me, personally? appeared . .whose identity is known to me by Dru/anal lr?OnCp (type of oath, acknowledges that his/her signaturW Sworn to and subscribed before me this (F: day of 2662.2003 I ll - . no ?gmmgam . My Com lres: ballot?: 7?11 APPROVED this day of . 205?; way John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health M?a??pz; Wings g. Benton Deputy General Counsel Prosecution Services Unit Department of Health 2536 EXHIBIT STANDARD TERMS APPLICABLE TO CONSENT AGREEMENTS The following are the standard terms applicable to all consent agreements, including supervision and monitoring provisions applicable to licensees on probation. A. PAYMENI OF FINES. Unless otherwise directed by the consent agreement, all ?nes shall be paid by check or money order and sent to the Board address set forth in paragraph E, below. The Board of?ce does not have the authority to change the terms of payment of any ?ne imposed by the Board. B. coMMuNIrv SERVICE AND com-mums EDUCATION UNITS. Unless otherwise directed by the consent agreement, all community service requirements, continuing education unitsfcourses must be completed, and documentation of such completion submitted to the Board of Osteopathic Medicine at the address set forth below In paragraph E, WITHIN ONE YEAR OF THE DATE OF THE FINAL ORDER. C. ADDRQES. 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. Furthermore, if the Respondent's license is on probation, the Respondent shall notify the Board within ten (10) days in the event that Respondent leaves the active practice of osteopathic medicine in Florida. 9. coils, Pursuant to Section Florida Statutes, the Respondent shall pay all costs necessary to comply with the terms of this Consent Agreement. Such costs include, but are not limited to, the costs of preparation of Investigative Reports detailing compliance with the terms of the Consent Agreement, obtaining supervision or 8 i 2537 monitoring of the practice, the cost of quality assurance reviews, and the Board's administrative costs directly associated with Respondent's probation. E. BQARD Unless otherwise directed by the Board of?ce, all ?nes and costs shall be sent to: Department of Health, Services, P.O. Box 6320, Tallahassee, Florida 32314-6320, Attn.: Medical Compliance Of?cer. Unless otherwise directed by the Board of?ce, all other correspondence shall be sent to: Department of Health, Services! Bin 4052 Bald Cypress Way, Tallahassee, Florida 32399-3251, Attn.: Medical Compliance Of?cer. STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, v. CASE NO. 2002-09221 MICHAEL scOrr LATTERMAN, RESPONDENT. I DRAFT ADMLNISIRATIEE COM ELAINT COMES now Petitioner Department of Health (?Petitioner?) and files this Administrative Complaint before the Board of Osteopathic Medicine against Respondent Michael Scott Letterman, (?Respondent?) and alleges: - 1. The Department of Health is the state agency charged with regulating the practice of osteopathic medicine under Chapters 20, 456, and 459, Florida Statutes. 2. Respondent is, and has been at all times material to this matter, a duly licensed osteopathic physician in the State of Florida having been issued license number 05 4416. I I 3. On March 1, 2002, the Florida State Attorney's office filed an Information against Respondent in the Circuit Court for Miami-Dade County in Case No. Fez-4034 (?Information?). 4. The Information charged Respondent with ?ve felony counts of lewd or lasclvious battery on a minor in violation of Section Florida Statutes. _2538 __2539 5. In support of its Information, the State Attorney alleged that on February 5, 2002, Respondent engaged in sexual activity with a minor between the ages of twelve and sixteen. 6. On or about October 9, 2002, Respondent pleaded guilty in Case No.- F02- 4034 as to three counts of felonious lewd or Iascivious battery on a minor. 7. Section Florida Statutes, subjects a licensee to discipline for being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession. I 8. Pursuant to Section 459.0055, Florida Statutes, in order to practice osteopathic medicine in Florida, an individual must possess good moral character, as well as the requisite training and eXperience. 9. Respondents guilty plea to three counts of felonious lewd or Iascivious battery on a minor is direCtiy related to Respondent's ability to practice osteopathic medicine to the extent that it evinces a lack of moral character on the part of - Respondent. 10. Based on the foregoing, Respondent violated Section Florida Statutes, by being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession. 2540 11. Petitioner has Incurred costs related to the investigation and prosecution of this matter. - 12,_ I IPurs'uantto Section Florida Statutes, the Board'shail assess costs related to the investigation and prosecution of a disciplinary matter on a respondent in addition to any other discipline imposed. WHEREFORE, Petitioner respectfully requests the Board of Osteopathic Medicine enter an order against Respondent imposing one or more of the following penalties: permanent revocation or suspension of Respondents license, restriction of Respondent's practice, imposition of an administrative fine, issuance of ,a reprimand, placement of Respondent on probation, the assessment of costs related to the investigation and prosecution of this case as provided. for in Section Florida Statutes, and any other relief that the Board deems appropriate. Respectfully Submitted, John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health Daniel Hernandez 176834 Assistant General Counsel DOH, Prosecution Services Unit 4052 Bald Cypress Way, Bin 06?? Tallahassee, Florida 32399-3265 (350) 487?9634 - Telephone (850) 414-1989 Teiefax