STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, v. DOH Case No. 2014?17702 GARY M. wEIss, M.D., Respondent. I SETTLEMENT AGREEMENT Gary M. Weiss, M.D., referred to as the "Respondent," and the Department of Health, referred to as "Department," stipulate and agree to the following Agreement and to the entry of a Final Order of the Board of Medicine, referred to as ?Board," incorporating the Stipulated Facts and Stipulated Disposition in this matter. Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes, and Chapter 456, Florida Statutes, and Chapter 458, Florida Statutes. - STIPULATED FACTS 1. At all times material hereto, Respondent was a licensed physician in the State of Florida having been issued license number ME 39943. - 2. The Department charged Respondent with an Administrative Complaint that was ?led and properly served upon Respondent alleging violations of Chapter 458, Florida Statutes, and the rules adopted pursuant thereto. A true and correct copy of the Administrative Complaint is attached hereto, as Exhibit A. 3. For purposes of these proceedings, Respondent neither admits nor denies the allegations of fact contained in the Administrative Complaint. WED CONCLUSIONS OF LAW 1. Respondent admits that, in his/her capacity as a licensed physician, he/she is subject to the provisions of Chapters 456 and 458, Florida Statutes, and the jurisdiction of the Department and the Board. 2. Respondent admits that the facts alleged in the Administrative Complaint, if proven, would constitute violations of Chapter 458, Florida Stattites. 3. Respondent agrees that the Stipulated Disposition in this case is fair, appropriate and acceptable to Respondent. STIPULATED DISPOSITION 1. Letter Of Concern The Board shall issue a Letter of Concern against Respondent?s license. 2. - The Board shall impose an administrative ?ne of Five Thousand Dollars and No Cents against Respondent?s license which Respondent shall pay to: Payments, Department of Health, Compliance Management Unit, Bin C-76, P.O. Box 6320, Tallahassee, FL 32314-6320, within thirty (30) days from the date of ?ling of the Final Order accepting this Agreement (?Final Order?). All fine-g shall be paid by cashier's check or money organ; Any change in the terms of payment of any ?ne imposed by the Board must be approved in advance by the Probation Committeeof the Board. DOH v. Gary M. Weiss, M.D., Case Number 2014-17702 2 RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE FINE IS HER LEGAL OBLIGATION AND RESPONSIBILITY AND I RESPONDENT AGREES TO CEASE PRACT ICING IF THE FINE IS NOT PAID AS AGREED IN THIS SETTLEMENT AGREEMENT. SPECIFICALLY, IF RESPONDENT . HAS NOT RECEIVED WRITTEN CONFIRMATION WITHIN 55, DAYS OF THE DATE OF FILING OF THE FINAL ORDER THAT THE FULL AMOUNT OF THE FINE HAS BEEN RECEIVED BY THE BOARD OFFICE, RESPONDENT AGREES TO CEASE PRACTICE UNTIL RESPONDENT RECEIVES SUCH WRITTEN CONFIRMATION FROM THE BOARD. 3. Reimbursement of Costs - Pursuant to Section 456.072, Florida Statutes, Respondent agrees to pay the Department for the Department?s costs incurred in the investigation and prosecution of this case (?Department costs"). Such costs exclude the costs of obtaining supervision or monitoring of the practice, the cost of quality assurance reviews, any other costs Respondent incurs to comply with the Final Order, and the Board?s administrative costs directly associated with Respondent's probation, if any. Respondent agrees that the amount of Department costs to be paid in this case is One Thousand Four Hundred Thirty-Nine Dollars and Forty- Three Cents but shall not exceed Three Thousand Four Hundred Thirty?Nine Dollars and Forty-Three Cents Respondent will pay such Department costs to: Payments, Department of Health, Compliance Management Unit, Bin 076, PO. Box 6320, Tallahassee, FL 32314?6320, within thirty (30) days from the date of filing of the Final Order. All costs shall be paid by cashier's check or money order. Any DOH V. Gary M. WEISS, M.D., Case Number 2014-17702 3 change in the terms of payment of costs imposed by the Board advance the Board. RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE COSTS IS HER LEGAL OBLIGATION AND RESPONSIBILITY AND RESPONDENT AGREES TO CEASE PRACTICING IF THE COSTS ARE NOT PAID AS AGREED IN THIS SETTLEMENT AGREEMENT. SPECIFICALLY, IF RESPONDENT HAS NOT RECEIVED WRITTEN CONFIRMATION WITHIN DAYS OF THE DATE OF FILING OF THE FINAL ORDER THAT THE FULL AMOUNT OF THE COSTS NOTED ABOVE HAS BEEN RECEIVED BY THE BOARD OFFICE, RESPONDENT AGREES TO CEASE PRACTICE UNTIL RESPONDENT RECEIVES SUCH WRITTEN CONFIRMATION FROM THE BOARD. 4. Continuing Medical Education - Respondent shall document completion of ten (10) hours of Continuing Medical Education (CME) in ?diagnostic radiology? within one (1) year from the date the Final Order is ?led. 5. Continuing Medical Education ?Risk Management" Respondent . shall complete this requirement and document such completion within one (1) year from the date the Final Order is filed. Respondent shall satisfy this requirement in one of the Mo following ways: Respondent shall complete ?ve (5) hours of CME in ?Risk Management" after first obtaining written advance approval from the Board?s Probation Committee of such proposed course, and shall submit documentation of such completion, DOH v. Gary M. Weiss, M.D., Case Number 2014-17702 4 in the form of certified copies of the receipts, vouchers, certi?cates, or other of?cial proof of completion, to the Board?s Probation Committee; or Respondent shall complete (5) ?ve hours of CME in risk management by attending one full day or eight (8) hours, whichever is more, of disciplinary hearings at a regular meeting of the Board of Medicine. In order to receive such credit, Respondent must sign in with the Executive Director of the Board before the meeting day begins, Respondent must remain in continuous attendance during the full day or eight (8) hours of disciplinary hearings, whichever is more, and Respondent must sign out with the Executive Director of the Board at the end of the meeting day or at such other earlier time as af?rmatively authorized by the Board. Respondent may not receive CME credit in risk management for attending the disciplinary hearings portion of a Board meeting unless the Respondent is attending the disciplinary hearings portion for the-sole purpose of obtaining the CME credit in risk management. In other words, Respondent may not receive such credit if appearing at the Board meeting for any other purpose, such as pending action against Respondent?s medical license. STANDARD PROVISIONS 1. Appearance Respondent is required to appear before the Board at the meeting of the Board where this Agreement is considered. I 2. No Force or Effect until Final Order - It is expressly understood that this Agreement is subject to the approval of the Board and the Department. In this regard, the foregoing paragraphs (and only the foregoing paragraphs) shall have no force DOH v. Gary M. Weiss, MD, Case Number 2014-17702 5 and effect unless the Board enters a Final Order incorporating the terms of this Agreement. 3. Continuing Medical Education Unless otherwise provided in this Agreement Respondent shall first submit a written request to the Probation Committee for approval prior to performance of said CME course(s). Respondent shall submit documentation to the Board?s Probation Committee of having completed a CME course 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 filing of the Final Order in this matter. All such documentation shall be sent to the Board?s Probation Committee, regardless of whether some or any of such documentation was provided previously during the course of any audit or discussion with counsel for the Department. CME hours required by this Agreement shall be in addition to those hours required for renewal of licensure. Unless otherwise approved by the Board?s Probation Committee, such CME course(s) shall consist of a formal, live lecture format. 4. Addresses - Respondent must provide current residence and practice addresses to the Board. Respondent shall notify the Board in writing within ten (10) days of any changes of said addresses 5. Future Conduct - In the future, Respondent shall not violate Chapter 456, 458 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 to include, but not limited to, all statutory requirements related to practitioner DOH v. Gary M. Weiss, M.D., Case Number 2014-17702 pro?le and licensure renewal updates. Prior to signing this agreement, the Respondent shall read Chapters 456, 458 and 893 and the Rules of the Board of Medicine, at Chapter 64B8, Florida Administrative Code. 6. Violation of Terms - 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, for which disciplinary action may be initiated pursuant to Chapters 456 and 458, Florida Statutes. 7. Purpose of Agreement - 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 investigative ?le 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 argument that disputes or contravenes any stipulated fact or conclusion of law. Furthermore, should this Agreement not be accepted by the Board, 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. 8. No Preclusion Of Additional Proceedings - Respondent and the Department fully understand that this Agreement and subsequent Final Order will in no way preclude additional proceedings by the Board and/or the Department against DOH v. Gary M. Weiss, M.D., Case Number 201447702 7 Respondent for acts or omissions not speci?cally set forth in the Administrative Complaint attached as Exhibit A. 9. Waiver 0f Attorney's Fees And Costs Upon the Board's adoption of this Agreement, the parties hereby agree that with the exception of Department costs noted aboVe, the parties will bear their 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 the Department and the Board in connection with this matter. 10. Waiver of Further Procedural Steps - Upon 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 otherwise challenge or contest the validity of the Agreement and the Final Order of the Board incorporating said Agreement. [Signatures appear on the fol/owing page. DOH v. Gary M. Weiss, M.D., Case Number 2014-17702 8 7?11 - SIGNED this 29 day of Ignaz!? .2017. (Gary half/Weiss, M.D. STATE OF FLORIDA COUNTY OF BredCucD BEFORE ME personally appeared 9% I IDEISS: whose identity is known to me or who produced (type of identification) and who, under oath, acknowledges that his/her signature appears above. SWORN T0 and subscribed before me this day of .. 2017. ?es/1 8,0 ?ni? MICHELEL BOHANNON k6 WW 2 e?l. 21?: Notary Public- State of Florida 45:; EM): Comm Expires Jul 16 NOTARY PUBLIC 3 tr. Commission a FF 142569 _Bond am My Commission Expir 17,5 ??5794 mars?a APPROVED this day of 2017. Celeste Philip, MD, MPH- Surgeon General and Secretary By: Chad Dunn Assistant General Counsel Department of Health DOH v. Gary M. Weiss, 61.0., Case Number 2014-17702 9