Final Order No. DOH-06-0625- 5 -MQA FILED DATE - ?44 3" egg. alignment of Health By: ?4.4 STATE OF FLORIDA Deputy Agency BOARD OF OSTEOPATHIC MEDICINE DEPARTMENT OF HEALTH, Petitioner, vs. Case No.: 2004?50179 License No. OS 4416 MICHAEL SCOTT LATTERMAN, D.0. Respondent. FINAL ORDER This cause came before the Board of Osteopathic Medicine at a duly-noticed public meeting on February 25, 2006, in Ft. Lauderdale, Florida for final agency pursuant to Sections 120.569 and Florida Statutes, for the purpose of considering a voluntary relin uishment (attached hereto as Exhibit A). Upon consideration of the voluntary relinquishment, . the documents submitted in support thereof, the arguments of the parties, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the voluntary relinQuishment is accepted as a resolution of this case investigative file. This Final Order shall become effective upon filing with the Clerk of the Department of Health. DONE AND ORDERED this [2 day of ,2006. BOARD OF OSTEOPATHIC MEDICINE Pam King, Executive DirecWagfof James Andriole, D.O., CHAIR CERTIFICATE OF I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to MICHAEL SCOTT LATTERMAN . O. 300 South Pointe Drive, #1106, Miami Beach, Florida 33139; by interof?ce mail to Michael T. Flury, Assistant Attorney General, Office of the Attorney General, The Capitol, Tallahassee, Florida 32399-1050; Joy Tootle, Assistant General Counsel, Department of Health, 4052 Bald Cypress Way, Bin Tallahassee, Florida 32399-3265 this Eday of A'Pri ,2006. 24? Deputy Agency Clerk Medldne\02.24.06 Mee?ngWR - Letterman.pr STATE or FLORIDA DEPARTMENT OF HEALTH summing REGULATION AL DEPARTMENT OF HEALTH, I ?5 H: v. DOl-l Case No. 2004-50179 I MICHAEL SCOTT 0.0., Respondent. -l voigj "mgr Re?ngursuug' ET OF LICENSE Respondent Michael Scott Lattennan, D.0.. license no. 05 4416, hereby voluntarily any-Jr . . relinquishes Respondent?s license to practice osteopathic medicine in the State of Florida and states as follows: - 1. I Respondent?s purpose in executing this Voluntary Relinquishm'ent is to avoid further administrative action with respect to this cause. Respondent understands that acceptance by the Board of Osteopathic Medicine (hereinafter the Board) of this Voluntary Relinqulshment shall be construed as disciplinary action against Respondent's license pursuant to Section Florida Statute. Z. - Respondent .agrees to never reapply for licensure as an osteopathic physician in the State of Florida. 3. I Respondent agrees to voluntarily cease practicing osteopathic. medicine immediately upon executing this Voluntary Relinqulshment. Respondent further agrees to refrain from the practice of osteopathic medicine until such time as this Voluntary Relinquishmeht is presented to the Board and the Board issues a written ?nal order in this matter. DOH v. Michael Scott Letterman, D.0.. Case No. 2004-50119 7330 i . 7331 4. In order to expedite consideration and resolution of this action by the Board in' a public meeting, Respondent, being fully advised of the consequences of so doing, hereby . waives the statutory privilege of con?dentiality of Section Florida Statutes, and waives a determination of probable cause, by the Probable Cause Panel, or the Department when apprOpn?ate, pursuant to Section Florida Statutes, regarding the complaint, the investigative report of the Department of Health, .and all other information obtained pursuant to the 'Department?s investigation. in the above-styled .. action. ?-By signing this waiver, Respondent understands that the record and complaint become public record and 'remain public record and that infonnation is immediately accessible to the public. Section 45507300) Ho?da Statutes 5. Upon the Board's acceptance of this Voluntary Reiinquishment, Respondent agrees to waive all seek judicial review of, or to otherwise challenge or contest the validity of, this Voluntary Reiianishment and of the FmalOrder of the Board incorporating this Voluntary Relinquishment. 6. Petitioner and Respondent hereby agree that upon the Board's acceptance of . i this Voluntary Reiinquishment, each party shall bear'ils own attomeyfs fees and costs related to the prosecution or defense of this matter} 7. Respondent authorizes the Board to review and examine all investigative ?le materials concerning Respondent 'in connection with the Board's consideration of this Voluntary Relinquishment. Respondent agrees that consideration of this Voluntary Relinqulshment and other related materials by the Board shall not prejudice or preclude the DOH v. Michael Scott Lanennan, D.O.. Case No. 2004-50179 7332 Board, or any of its members, from further participation, consideration, or resolution of these proceedings if the terms of this Voluntary Relinquishment are not accepted by the Board. DATED this ?3 day of 00W .2005. Michael Scott Letterman, 0.0. Before me, personally appeared whose identity is known to me by F. - - (type of identi?cation) and who, under oath, acknowledges tn this signature appears above. Sworn to and subscribed before me this day of .2005. STATE OF FLO DA 'Beac}! COUNTY OF: inn. My Commission Expires: - S. LFREM -. MY 0 DD 121952 DOH v. Michael Scott Letterman, D.O., Case No. 2004-50179 7333 STATE OF FLORIDA DEPARTMENT or HEALTH or HEALTH, . v. . CASE no. 2004-50179 MICHAEL SCOTT 0.0., RESPONDENT. I 0 I COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administla?ve Complaint before the Board'of Osteopathic Medicine against Respondent, Michael Scott Latterman, 0.0., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of osteopathic medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 459, Florida Statutes. -2. At all times material to this Complaint, Respondent was a' licensed osteopathic physician wlmin'the state of Florida, having been issued license number 05 4416. . Respondent?s address of record is 300 South Pointe Drive #1106, Miami Beach, Florida 33139. 4: ReSpondent is board certified in Emergency Medicine; 7334 5. - On or about February 5, 2002, Respondent engaged in sexual relations with a fourteen (14) year-old minor male. 6. On or about February 8, 2002, the minor reported the events to the police, and Respondent was arrested. After receiving Miranda warnings, Respondent provided a .full confession to the police, admitting that, When he engaged in these sexual acts, he knew that the victim was fourteen years old. 7. On or about March 1, 2002, the State Attomey's of?ce? for Miami-Dade County ?led an infonnatlon against Respondent, charging him with ?ve felony counts of lewd or lascivious battery on -a minor in violation of Section Florida Statutes, in case number F024034 in the Circuit Court of the Eleventh Judicial Circuit, In and for Miami-Dade County, Florida. - 8. On or about June 15, 2002, Respondent enrolled in Professionals .. Resource Network (PRN), and to date, PRN reports that he is still compliant with that program. 9. PRN is the treatment program for impaired medical doctors and other medical professionals authorized under Slection 456.020, Florida Statutes RRN is an independent program that monitors the evaluation, care, and treatment of impaired medical profesuonals. PRN oversees random drug screens and provides for the exchange of information between treatment providers and the Department for the protection of the public. 10. On or about October 9, 2002, Respondent pleaded guilty tolhree counts] of felonious lewd or lascividus battery on a minor. DOH v. Michael Scott Lanerman 2 DOH Case No. 2004-50179 W0 7335 .skill and safety to patients. Therea 11. On or about January 9, 2003, Respondent submitted to an evaluation by a Board-approved evaluator, Barbara Stein, MD. Dr. Stein diagnosed Respondent with Impulse-Control Disorder: however, she concluded that there was'?no evidence to that ReSpondent suffers from Pedophilia or that he?is a sexual predator." She noted that the level of impulsivity revealed from Respondent's testing was not clinically signi?nt. 12. Dr. Stein opined that Respondent was safe to practice osteopathic medicine with reasonable skill and safety to patients,_assuming that he would enroll in PRN and would comply with treatment and monitoring requirements. I I 13. Respondent did enter into a PRN monitoring contract at that time, and, to - date, PRN has not reported any failure to comply with the PRN contract. - 14. On or about January 14, 2002;, Respondent entered into a Consent Agreement wherein he agreed that his license would be suspended until PRN recommended to the Board that he coul pracn?ce osteopathic medicine with reasonabie I, upon reinstatement, his practice would restricted so that would not have anyl contact, supervised or unsupervised, with any I - patients under the age of eighteen 15. On or about April 9, 2003, the Board issued a Final Order approving, adopting, and incorporating the Consent Agreement dated January 14, 2003. The suspension of Respondent's license was lifted at that time, and Respondent was authorized to resume practice in aocordance with the Consent Agreement and the Final Order, including the restriction that he not have any contact, supervised or unsupervised, with any patients under the age of eighteen. years. Respondent's license DOB v. Michael Scott Letterman 3 DOH Case No. 2004-50179 7336 to pracuce was also placed on probation and Respondent was required to ?le quarterly reports with the Board. 16. Respondent filed a probationer report dated June 2, 2003, in which he . attested, under .oath, that his current practice was limited to treating adult patients at? the Emergency Department of Larkin Community Hospital and mat he had been fully compliant with the terms of his probation. 17. Respondent filed a probationer report dated August 20, 2003, in which he attested, under oath, that his current'practice was limited to treating adult patients at the Emergency Department of Larkln Community Hospital and that he had been fully compliant with the terms of his probation. . 18. On or about September 22, 2003, the Board issued an order granting a petition by Respondent to modify the Final Order. The modification permitted Respondent to treat minor patients as long as another Florida heallhcare licensed provider was present in the room during Respondent's treatment of the minor patient. 19. On or about November 1, 2004, the Department learned that Respondent had treated six minor patients during the time period that he was restricted from having' I contact with minor patients, with or without supervision, as follows: 3.5., age 5, treated on 4/20/03 F.V., age b'eated on 4/27/03 - A.V., "age 13, treated on 4/27/03 B.V., age 14, treated on 6/01/03 J.M., age 14, treated on 7/27/03 age 3, treated on 8/19/03 and 8/26/03 DOH v. Michael Scott Letterman 4 DOH Cos: No. 2004-50179 7337 The Department andthe Board were unaware that Respondent had failed to comply with its Final Order dated April 9, 2003, when the Board authorized the modi?cation dated September 22, 2003. COUNT ONE 20. Petitioner realleges and incorporates paragraphs one (1) through nineteen (19) as if fully set forth herein. 21. Section Florida Statutes (2003) and (2004), provides. that an osteopathic physician is subject to discipline for violating a lawful order of the Board previously entemd in a disciplinary proceeding. 1 22. Respondent violated die Final Order of the Board that incorporated and approved the Consent Agreement by treating minor patients during a time period when I he was restrained by an order of the Board from having any contact, supervised or unsupervised, with minor patients. 23. Based on the foregoing, Spendent has violated Section Florida Statutes (2003) and (2004), by iola?ng a lawful order of the Board previously entered in a disciplinary proceeding. counr TWO 24. Petitioner realleges and incorporates paragraphs one (1). through nineteen (19) as if fully set forth herein. 25. Section Florida Statutes (2003) and (2004), provides that an osteOpathic physician is subject to disdpline for making or filing a report Whid) the licensee knows to be false. DOH v. Michael Scott 5 2004-50119 7338 26. Respondent filed two false probationer reports with the Board of Osteopathic Medicine when he attested under oath that he had treated only adult patients and that he was in full compliance with the terms of his probation, when in fact he had treated at least six (6) minor patients during the time that he was prohibited from doing so as part of his probation and the final order of the Board. 27. Based on the foregoing, Respondent has violated Section Florida Statutes (2003) and (2004),Iby making or filing a report which the licensee knows to be false. COUNT THREE 28.. Petitioner reallega and incorporates paragraphs one (1) through nineteen (19) as if fully set forth herein. 29. Section Florida Statutes (2003) and (2004), provides that an osteopathic physician is subject to discipline for making deceptive, untrue, or fraudulent representations In or related to the practice of osteopathic medicine. Respondent made decepij and untrue representations to the Board in the probationer reports he filed .whereinihe falsely attested that he had treated only adult patients and that he was in full compliance with the terms of his probation. These false and deceptive representations were related to Respondent's practice of osteopathic medicine. 31. Based on the foregoing, Respondent has violated Section Florida statutes '(2003) and (2004), by making deceptive, untrue, or fraudulent representations in or related to the practice of osteopathic medicine. DOl-l v. Michael Scott Lanmnan 5 DOH CaSc No. 2004-50179 7339 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, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this day (flanker 2004. John 0. Agwunobl, M.D., M.B.A., M.P.H. Secretary, Department of Health FILED DEPARTMENT OF HEALTH DEPUTY CLERK 52 Bald cypress Way, Bin C-65 DATE a q'Oq allahassee, FL 32399-3265 orida Bar 0233285 6850) 487-9685 ?850) 414?1989 FAX DKK/dkk . Reviewed and approved by: (initials) 1' I?lf? ?01 (date) PCP: Mar-v.30, .2005! Members: DOH v. Michael Scott Latter-mm 7 DOH Cm No. 2004-50179 7340 Michael Scott Latterrnan DOH Case No. 2004-50179 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 mpnsented by counsel or other quali?ed representative. to present. evidence and argument, to call and cross-examine witnesses and to bare subpoena and subpoena duoes tecum iued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF 6055 Respondent is placed on notioe that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section FloridaStatutes, 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 imposed. DOH v. Michael Scott Letterman 8 DOH Case No. 2004-50179