Final Order No. DOH-18-0761-60 -MQA lgAiittlAms i STATE OF FLORIDA DEPARTMENT OF HEALTH In Re: FILED DATE Departur e By: Deputy h e It CO GL, cy Clerk The Emergency Restriction of the License of Ricardo Alfredo Bedoya, M.D. License Number ME 39435 Case Number 2018-01608 ORDER OF EMERGENCY RESTRICTION OF LICENSE Celeste Philip, M.D., M.P.H., State Surgeon General, ORDERS the emergency restriction of the license of Ricardo Alfredo Bedoya, M.D., (Dr. Bedoya) to practice medicine in the State of Florida. Dr. Bedoya holds license number ME 39435. His address of record is 4600 Military Trail, Suite 110, Jupiter, Florida 33477. The following Findings of Fact and Conclusions of Law support the emergency restriction of Dr. Bedoya's license to practice medicine in the State of Florida. FINDINGS OF FACT 1. The Department of Health (Department) is the state agency charged with regulating the practice of medicine, pursuant to Chapters 20, 456, and 458, Florida Statutes (2017). Section 456.073(8), Florida Statutes (2017), authorizes the State Surgeon General to summarily restrict Dr. Bedoya's license to practice as a physician in the state of Florida, in accordance with Section 120.60(6), Florida Statutes (2017). 2. At all times material to this Order, Dr. Bedoya practiced as a In Re: The Emergency Restriction of the License of Ricardo Alfredo Bedoya, M.D. License Number ME 39435 Case Number 2018-01608 licensed physician with a specialty in cardiovascular disease. 3. On or about July 28, 2011, August 02, 2011, and August 5, 2011, the Professional's Resource Network (PRN)1 received calls regarding Dr. Bedoya's suspected impairment. 4. On or about August 8, 2011, Dr. Bedoya returned PRN's phone calls regarding his suspected impairment. A PRN file was opened for Dr. Bedoya, and he was given referrals for an evaluation. 5. By September 29, 2011, Dr. Bedoya was not compliant with PRN. 6. On or about December 13, 2011, Dr. Bedoya returned to PRN. 7. Dr. Bedoya was evaluated at Florida Recovery Center, where he was diagnosed with cocaine and alcohol dependence and mood disorder. Dr. Bedoya was released from Florida Recovery Center on or about June 22, 2012. 8. On or about July 30, 2012, Dr. Bedoya executed a 5-year monitoring contract with PRN. 9. On or about September 11, 2012, Dr. Bedoya submitted a urinalysis which was positive for cocaine2 and metabolites of cocaine. On or about March PRN is a Department-contracted consultant for matters dealing with impaired healthcare practitioners According to Section 893.03(2), Florida Statutes (2011-2017), cocaine is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of cocaine may lead to severe psychological or physical dependence 2 Page 2 of 13 In Re: The Emergency Restriction of the License of Ricardo Alfredo Bedoya, M.D. License Number ME 39435 Case Number 2018-01608 6, 2013, Dr. Bedoya submitted a hair toxicology test which returned positive for cocaine. 10. Following these positive toxicology tests for cocaine, Theodore R. Treese, M.D., (Dr. Treese) evaluated Dr. Bedoya and diagnosed him with depressive disorder, polysubstance dependence (cocaine, cannabis3, alcohol), early sustained remission, and cocaine-use induced mood disorder with manic features, with onsets during both withdrawal and intoxication. Dr. Treese opined that Dr. Bedoya was unable to practice with reasonable skill and safety. 11. After Dr. Bedoya completed neuropsychological testing, he was permitted to return to practice as a physician in May 2013. 12. On or about February 15, 2015, Dr. Bedoya submitted a urinalysis which was positive for EtG and EtS metabolites of ethanol.4 Dr. Bedoya also submitted a dilute urine sample.5 According to Section 893.03(1), Florida Statutes (year), cannabis is a Schedule I controlled substance that has a high potential for abuse and has no currently accepted medical use in treatment in Florida. The term does not include "low-THC cannabis" or "medical cannabis," as defined in Section 381.986, Florida Statutes (year), if manufactured, ordered, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with Section 381.986, Florida Statutes (year). 4 Ethyl glucuronide (EtG) and Ethyl Sulfate (EtS) are metabolites of ethanol alcohol. The presence of EtG and EtS in urine is an indicator that alcohol has been ingested 5 A donor may attempt to decrease the concentration of drugs or drug metabolites that may be present in his/her urine by dilution. Dilution may occur in vivo, by consumption of large volumes of liquid—often in conjunction with a diuretic, or in vitro, by adding water or another liquid to the specimen. Donors also have been known to substitute urine specimens with drug free urine or other liquid during specimen collection. Due to donor privacy considerations, collections for federally regulated drug testing programs are routinely unobserved. Therefore, dilution and substitution may be undetected by collectors and be viable methods for 3 Page 3 of 13 In Re: 13. The Emergency Restriction of the License of Ricardo Alfredo Eetioya, M.D. License Number ME 39435 Case Number 2018-01608 In or about April, 2015, Dr. Bedoya submitted a hair toxicology test which returned positive for cocaine. Dr. Bedoya was again withdrawn from practice and referred for a recovery status evaluation and residential treatment was recommended. 14. On or around May 27, 2015, through August 26, 2015, Dr. Bedoya underwent treatment at HealthCare Connection. 15. On or about August 26, 2015, Dr. Bedoya was involved in an automobile accident which resulted in him being hospitalized for approximately 4 months. 16. When officers from the City of Miami Police Department responded to the scene of the accident, they discovered that a female minor, who was reported as a runaway from her home four months prior, was also in the vehicle with Dr. Bedoya when the accident occurred. 17. Through interviews with the minor, officers learned that during the previous year, Dr. Bedoya had paid the female minor and another female minor money in exchange for sexual intercourse. Dr. Bedoya also provided the two defeating drug tests. Medical Review Officer Guidance Manual for Federal Workplace Drug Testing Programs, Substance Abuse and Mental Health Services Administration, effective October 1, 2017. Available at https://www.samhsa.govisites/default/files/workplace/mro-guidance-manual-oct2017_2.pdf Page 4 of 13 In Re: The Emergency Restriction of the License of Ricardo Alfredo Bedoya, M.D. License Number ME 39435 Case Number 2018-01608 female minors with alcohol and drugs. 18. On or about September 19, 2016, Dr. Bedoya was arrested and charged with 2 counts of lewd/lascivious battery/sexual activity and 2 counts of contributing to the delinquency/dependency of a child in Miami-Dade County case number 2016CF0180740001. The case is pending resolution. 19. On or about February 28, 2017, and again on March 2, 2017, Dr. Bedoya submitted toxicology samples which returned positive for amphetamine.6 20. Dr. Bedoya was required to withdraw from practice and undergo a recovery status evaluation. 21. During his recovery status evaluation, it was concluded that Dr. Bedoya tested positive for amphetamines due to his use of an herbal stimulant product he obtained on the Internet, which he assumed did not contain controlled substances. Dr. Bedoya alleged that he urine drug tested himself in order to come to that conclusion. The evaluator allowed Dr. Bedoya to return to practice. 6 According to Section 893.03(2), Florida Statutes (2016-2017), amphetamine is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of amphetamine may lead to severe psychological or physical dependence Page 5 of 13 In Re: 22. The Emergency Restriction of the License of Ricardo Alfredo Bedoya, M.D. License Number ME 39435 Case Number 2018-01608 On or about June 21, 2017, Dr. Bedoya submitted a urinalysis which was positive for EtG and EtS metabolites of ethanol. 23. Dr. Bedoya was required to withdraw from practice and undergo a recovery status evaluation and was recommended to complete residential treatment. 24. On or about July 9, 2017, through September 2, 2017, Dr. Bedoya underwent residential treatment at Caron Foundation and was discharged to intensive outpatient treatment (I0P) at the Beachcomber, located in Ft. Lauderdale, Florida. 25. While participating in IOP, Dr. Bedoya's toxicology testing returned positive for phentermine' two times. 26. Dr. Bedoya was again referred to residential treatment services at Pine Grove Behavioral Health & Addiction Services, which he entered on or about December 4, 2017, and was discharged on or about January 9, 2018, for lack of payment. 27. Dr. Bedoya's diagnoses upon discharge from Pine Grove were as Phentermine is a stimulant commonly prescribed to assist with weight loss. According to Section 893.03(4), Florida Statutes (2017), phentermine is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States. Abuse of phentermine may lead to limited physical or psychological dependence relative to the substances in Schedule III 7 Page 6 of 13 In Re: The Emergency Restriction of the License of Ricardo Alfredo Bedoya, M.D. License Number ME 39435 Case Number 2018-01608 follows: a. other specified impulse control disorder with compulsive sexual behavior; b. unspecified stimulant related disorder; c. alcohol use disorder, partial remission; d. cocaine and cannabis use disorder, sustained full remission; and e. bipolar disorder, in full remission, most recent episodes depressed. 28. Upon his discharge, Pine Grove opined that Dr. Bedoya was not recommended to return to practice, and that only after his completion of treatment could his safe return to practice be determined. Pine Grove opined that Dr. Bedoya's safe return to patient care would require an outline detailing a return to work plan with restrictions and accountability. 29. On or about February 5, 2018, PRN received toxicology testing results from Dr. Bedoya's urine submitted on or about January 18, 2018 which was positive for phentermine. 30. As a result of the positive test, in addition to Dr. Bedoya's lengthy history of positive toxicology tests and other material non-compliance issues, Page 7 of 13 In Re: The Emergency Restriction of the License of Ricardo Alfredo Bedoya, M.D. License Number ME 39435 Case Number 2018-01608 PRN terminated Dr. Bedoya's contract, for failure to comply with the terms of his contract without good cause. 31. In the course of their practice, doctors must possess good judgment, be able to recognize abnormal signs or symptoms of patients, and provide emergency care when needed. Dr. Bedoya's refusal to stop consuming cocaine, phentermine, and alcohol, even while undergoing treatment and monitoring by PRN, and even after being withdrawn from practice on numerous occasions and given numerous chances to remain compliant with PRN, in addition to Dr. Bedoya's discharge diagnoses of other specified impulse control disorder with compulsive sexual behavior, unspecified stimulant related disorder, alcohol use disorder, partial remission, cocaine and cannabis use disorder, sustained full remission, and bipolar disorder, in full remission, most recent episodes depressed, and his criminal acts of lewd and lakivious acts with a minor and contributing to the delinquency of a minor are all indicators that Dr. Bedoya's continued unrestricted practice of medicine presents an immediate, serious danger to the health, welfare, and safety of the public. Due to Dr. Bedoya's inability to refrain from the use of cocaine, phentermine, and alcohol, despite PRN's numerous attempts to help him do so, his failure to Page 8 of 13 In Re: The Emergency Restriction of the license of Ricardo Alfredo Bedoya, M.D. License Number ME 39435 Case Number 2018-01608 complete treatment as recommended by PRN and Pine Grove, his terminated from PRN, and his criminal acts involving minors, the danger to the public is likely to continue. 32. Dr. Bedoya was unsuccessfully discharged from treatment, with a discharge summary that found he was not safe to return to practice as a physician, due to his untreated other specified impulse control disorder with compulsive sexual behavior, unspecified stimulant related disorder, alcohol use disorder, partial remission, cocaine and cannabis use disorder, sustained full remission, and bipolar disorder, in full remission, most recent episodes depressed. Despite numerous attempts to assist Dr. Bedoya with his substance use disorders, PRN was ultimately unable to assist Dr. Bedoya and was forced to terminate his contract. Dr. Bedoya has been provided numerous opportunities to take advantage of the help provided by PRN, but has proven that he is unable to refrain from using drugs and alcohol and that he will not complete the necessary treatment for his substance abuse and sexual compulsion disorders, indicating that this behavior will continue. Based on the above, there are no less-restrictive means than the terms outlined in this Order that will adequately protect the public. Page 9 of 13 In Re: The Emergency Restriction of the License of Ricardo Alfredo Bedoya, M.D. License Number ME 39435 Case Number 2018-01608 CONCLUSIONS OF LAW Based on the foregoing Findings of Fact, the State Surgeon General concludes as follows: 1. The State Surgeon General has jurisdiction over this matter pursuant to Sections 20.43, 456.073(8), Florida Statutes (2017), and Chapter 458, Florida Statutes (2017). 2. Section 458.331(1)(s), Florida Statutes (2017), subjects a physician to discipline, including restriction, for "being unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition." 3. Dr. Bedoya violated Section 458.331(1)(s), Florida Statutes (2016- 2017), by being unable to practice medicine with reasonable skill and safety due to one or more of the following: a. other specified impulse control disorder with compulsive sexual behavior; b. unspecified stimulant related disorder; c. alcohol use disorder, partial remission; Page 10 of 13 In Re: The Emergency Restriction of the License of Ricardo Alfredo Bedoya, M.D. License Number ME 39435 Case Number 2018-01608 d. cocaine and cannabis use disorder, sustained full remission; and e. bipolar disorder, in full remission, most recent episodes depressed. 4. Section 120.60(6), Florida Statutes (2017), authorizes the State Surgeon General to restrict a physician's license if the Department finds that the physician presents an immediate, serious danger to the public health, safety, or welfare. 5. Dr. Bedoya's continued unrestricted practice of medicine constitutes an immediate, serious danger to the health, safety, and welfare of the public, and this summary procedure is fair under the circumstances to adequately protect the public. WHEREFORE, in accordance with Section 120.60(6), Florida Statutes (2017), it is ORDERED THAT: 1. The license of Ricardo Alfredo Bedoya, M.D., license number ME 39435, is hereby immediately restricted to prohibit him from practicing medicine until PRN, or a PRN-approved evaluator, notifies the Department that Ricardo Alfredo Bedoya, M.D., is safe to resume practice as a medical doctor. Page 11 of 13 In Re: 2. The Emergency Restriction of the License of Ricardo Alfredo Bedoya, M.D. License Number ME 39435 Case Number 2018-01608 A proceeding seeking formal discipline of the license of Ricardo Alfredo Bedoya, M.D., to practice medicine will be promptly instituted and acted upon in compliance with Sections 120.569 and 120.60(6), Florida Statutes (2017). DONE and ORDERED this I day of 41 fel/Celeste Phi ip, M.D., M.P.H. Surgeon General and Secretary PREPARED BY: Lindsey H. Frost, Esq. Florida Bar No. 109766 Assistant General Counsel Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 (P) (850) 558-9841 (F) (850) 245-4662 (E) lindsey.frost©flheath.gov Page 12 of 13 , 2018. In Re: The Emergency Restriction of the License of Ricardo Alfredo Bedoya, M.D. License Number ME 39435 Case Number 2018-01608 NOTICE OF RIGHT TO JUDICIAL REVIEW Pursuant to Sections 120.60(6) and 120.68, Florida Statutes (2017), this Order is judicially reviewable. Review proceedings are governed by the Florida Rules of Appellate Procedure. Proceedings are commenced by filing a Petition for Review, in accordance with Florida Rule of Appellate Procedure 9.100, with the District Court of Appeal, accompanied by a filing fee prescribed by law, and a copy of the Petition with the Agency Clerk of the Department within 30 days of the date this Order is filed. Page 13 of 13