Is Terri Schiavo Dead? Eat, drink, and vegetate

No, the browser's search simply doesn't work within that kind of page (cached PDF). That's because it's comprised of pasted-together single characters, not strings. Try it yourself.

P.S. Florida is a snake's nest. I wouldn't be surprised to see guilty souls all around this big mess.

No, the browser's search simply doesn't work within that kind of page (cached PDF).

I did not know that.

Thanks for the clarification.

The discontinuation of therapy at the same time that Michael received a about a million dollars to continue her therapy. I'll bet they cried, "Foul"!

I betcha if I were them, I would be harping on this point....quiet, so quiet......

http://www.freerepublic.com/focus/news/1009193/posts

not quiet anymore....complaints file with Ashcroft.....

did you know that you can't deny therapy to a disabled person???

What I said was that it is NO ONE'S RIGHT to decide her fate but HERS!!!!

This is true, but sadly lost in our legal system. It takes more proof to send a murderer (even a confessed one) to the next world, than it took to order the same journey for Terri.

They are complaining that Michael blew the money.

did you know that you can't deny therapy to a disabled person???

.... Take her off the feeding tube, if she can "feed herself" and she comes out of a cvs, then she is disabled...she cannot support life in any way shape or form on her own....with a brain that is either dead or only able to control some involuntary control.....how can you say she is disabled, she has been dead for a long time, you are keeping skin and bone alive.

So, tell me, if I clone a human are you going to reject it? Probably, you will damn it to hell as "ungodly" and my guess call for it to be destroyed.. I betcha you would....

It is funny, on a conservative board, the god squads want to legislate their opinion,instead of standing up to true conservative valuee. The Husband has final say in this matter as the legal gaurdian. Sorry there is a disagreement in her treatment..but this is the way it is.

Now gon on, be a true conservative, and stand up for what is right, and not what you want to happen. Sometimes freedom and rights suck when your opinion is different than someone elses.

"Terminally ill people who opt to end their lives by forgoing food and drink "

There wasn't much point reading beyond this.

Terri is not terminally ill and she did not opt to end her life.

A court opted to end her life.

Nice post!
I no longer attempt to reason with people regarding Terri's fight.

I had a man in my office go ballistic and rant about the "unconstitutionality" of Terri's law because it overrode the "supreme court" of the lands intent...
During his diatribe, when I pointed out it was the duty of the judicial branch to interpret the intent of law, not to write it, and that this new law was constitutionally written and passed by our legistature,signed by our Governor,IAW our constitution, he claimed that did not matter.
"It is a JEB BUSH attempt to overthrow the constitution!
The BUSH BROTHERS are trying to become dictators!"
According to him, it, the new law, has absolutely nothing to do with Terri Schiavo's life or a cruel and painfull court sanctioned death.It is just a vile attempt to usurp power from the "supreme" judicial branch, in his opinion.
He swore he would never call himself a Republican again!
I quietly said, "Thank you".
OTOH, a dear friend, who is Catholic,and Democrat, forgave me my several weeks of neglect, when I told her what I was involved with, attending the vigil, and trying to generate political support for Terri Schiavo.
She blessed Jeb Bush, and our Congress, and mourned that her church was silent.
I dont think this is actually a religious "issue", nor really a political one.
It is a human one.
People often ask, as if they think it is proof of something, would you want to live that way?
Well no, if it was up to me, nobody would ever have to live "that way". If it was up to me, everyone would be healthy, happy, sane,wealthy and loving of their fellow man.
Ask me instead if I want to die that way.
Then, the answer is NO.
What kind of human beings are we becoming?
That we would do to a living human, what we would not do to a dying animal?

Larry King interviewing MS at 9:00.

No argument that a good husband would have the final say. Again I ask, why don't you check the facts in this particular case? Are you working for Felos?

cable free home.
Checking local networks.

http://www.freerepublic.com/focus/news/1009193/posts

laws have and are being broken in this case....get with it

The PR campaign by Schiavo and Felos is in full swing....

opinion has little to do with this, but looks like yours does.....

don't let Larry King and the papers spoon feed you

Did anyone else catch Michael's slip where he mentioned he had already had to kill his mother and father the same way?

no but I taped the show....LOL

they are turning the right to life into right to death and are like hamsters on a wheel right now....they know that Ashcroft is getting info and the heat is on......

I missed that.

Check the last 5 minutes, one of Michael's last comments.

He said he already had to [do this] to his mother and father. Can you get the exact quote?

It was flabbergasting.

Terri is most certainly not brain dead. She would need a ventilator and possibly a pacemaker in that case.
From the videos I saw, she has more than "involuntary reactions."
She is able to care for herself: she is able, by way of the malpractice suit, to *pay* someone to feed her.

Why won't Michael let her parents take over her guardianship? The man is living in adultery.

And, in my opinion, the reason he refused to allow her to take Communion from the priest is that Michael does not want any evidence that Terri can swallow.

Let's just bring this document into the thread. This way no one has to rely on George's interpretation of this ADMINISTRATIVEcomplaint by the Florida Board of Medicine.

This is the html version of the file http://www.doh.state.fl.us/mqa/medical/min_02-07-03.pdf.
G o o g l e automatically generates html versions of documents as we crawl the web.
To link to or bookmark this page, use the following url:

http://www.google.com/search?q=cache:cfE4fPo2vQYJ:www.doh.state.fl.us/mqa/medical/min_02-07-03.pdf+hammesfahr+william+probation&hl=en&ie=UTF-8

Google is not affiliated with the authors of this page nor responsible for its content.

These search terms have been highlighted:

hammesfahr

william

probation

Page 1

Meeting Minutes

DEPARTMENT OF HEALTH

FLORIDA BOARD OF MEDICINE MEETING

The Renaissance Hotel

5445 Forbes Place

Orlando, Florida 32812

(407) 240-1000

February 7-8, 2003

Mission Statement: To protect health care consumers by licensing qualified health providers, establishing

and enforcing health care standards and disseminating appropriate information to consumers and

Friday, February 7, 2003

8:05 a.m. ROLL CALL

Members Present

R. Vijayanagar, MD, Chair

Mark S. Avila, MD

John Beebe

Laurie Davies, MD

Nabil El Sanadi, MD

Kriston Kent, MD

Peter Lamelas, MD

B. Denise McMillin, MD

Rafael Miguel, MD

Tully Patrowicz, MD

Elisabeth Tucker, MD

Members Absent

Manuel J. Coto, MD

Terence P. McCoy, MD

Monique Long

practitioners.

Staff Present

Cathy Lannon, Board Counsel

Larry McPherson, Executive Director

Chandra Prine, Program Administrator

Melinda K. Gray, Regulation Consultant

Nancy Murphy, Attorney General’s Office

Efrain Livingston, AHCA, Senior Attorney

John Terrel, AHCA, Senior Attorney

Richard Shoop, AHCA, Senior Attorney

Others Present:

Suzette Bragg, Court Reporter

DISCIPLINARY CASE SCHEDULE:

Stephen W. Mester, M.D. – Brandon, Florida

Consent

Agreement

.................................................................................................1

Dr. Miguel was recused due to participation on probable cause.

The respondent was present and represented by Julie Gallagher, Esquire, Tallahasee, FL.

Page 2

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Mr. Livingston represented Department and presented the case to the Board. Allegations

of the complaint. Violation of Florida Statutes 458.331 (1)(m) failing to keep medical

records to justify the course of treatment of the patient, including, but not limited to,

patient histories, examination results; test results; records of drugs prescribed, dispensed,

or administered; and reports of consultations and hospitalizations and (t) failing to

practice medicine with that level of care, skill, and treatment which is recognized by a

reasonably prudent similar physicians as being acceptable under similar conditions-

After discussion, a motion was made to reject the consent agreement. The motion was

seconded and carried with 1 opposed.

After further discussion, a motion was made to offer a counter stipulation of $2,500 fine,

$9686.40 cost, letter of concern, 100 hours of community service and medical records

course. The motion was seconded and carried unanimously.

The respondent made a motion to dismiss the (t) violation in the Administrative

Compliant the motion was second and carried with 3 opposed.

Action Taken: $2,500 fine, $9686.40 cost, records keeping course, 100 hours of

community service and dismissal of 458.331(1)(t), Florida Statutes.

Sabine Hasan, M.D. – Plattsburg, New York

Consent

Agreement

.........................

CONTINUED UNTIL NEXT MEETING 2

Sherri Lynn Weinstein, M.D. – North Miami Beach, Florida

Consent Agreement ................................................................................................ 3

The respondent waived a finding of probable cause.

The respondent was present and represented by Timothy J. Sweeney, Esquire, Tampa,

Florida.

Dr. Pomm was present as a representative for the Physician Recovery Network.

Mr. Livingston represented the Department and presented the case to the Board. The

proposed administrative complaint alleges that respondent 458.331 (g), Florida Statute by

failing to perform any statutory or legal obligation placed upon the licensed physician.

After discussion, a motion was made to reject the Consent Agreement. The motion was

seconded carried unanimously.

After additional discussion, a motion was made to offer a counter consent agreement of

$5,000 fine, cost, letter of concern and PRN compliance. The motion was seconded and

carried unanimously.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

2 of 34

Page 3

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Action taken: $5,000 fine within 60 days, $430.45 cost within 30 days, letter of concern

and PRN compliance. The motion was seconded and carried unanimously.

Nahed S. Sobhy, M.D. – Lake City, Florida

Consent

Agreement

.................................................................................................4

The respondent was present and represented by Lewis A. Berns, Esquire, Ft. Lauderdale,

Florida.

Mr. Livingston represented the Department and presented the case before the Board.

Allegations of the Complaint: Violation of 458.331(1)(h) Making or filing a report which

the licensee knows to be false, intentionally or negligently failing to file a report or record

required by state or federal law, willfully impeding or obstructing such filing or inducing

another person to do so. Such reports or records shall include only those which are signed

in the capacity as a licensed physician. (m) Failing to keep legible, as defined by

department rule in consultation with the board, medical records that identify the licensed

physician or the physician extender and supervising 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 justify the course of treatment of the patient,

including, but not limited to, patient histories; examination results; test results; records of

drugs prescribed, dispensed, or administered; and reports of consultations and

hospitalizations. (t) failure to practice medicine with that level of care, skill, and

treatment which is recognized by a reasonably prudent similar physician as being

acceptable under similar conditions and circumstances.

After discussion, Dr. Lamelas made a motion to reject the consent agreement. The motion

was seconded and carried unanimously.

After further discussion, Dr. El-Sanadi move to offer a counter consent agreement of

$15,000 fine within six months, $1515.63 costs within six months, UF Cares course and

compliance with recommendation, 4 hours of CME in ethics within 1 year, reprimand,

100 hours of community service within 1 year.

The Board allowed the respondent 7 days to consider the counter consent agreement.

Action taken: Rejection of the Consent Agreement

The Chairman of the Board, Dr. Vijayanagar, introduced Dr. Manuel Coto a newly

appointed member of the Board of Medicine a round of applause was given by the

members of the Board.

George Figureroa, M.D. – St. Petersburg, Florida

Consent

Agreement

.................................................................................................5

Mr. Beebe was recused due to participation on the probable cause panel.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

3 of 34

Page 4

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

The respondent was present and represented by Troy J. Crotts, Esquire, St. Petersburg,

Florida.

Mr. Livingston represented the Department and presented the case before the Board.

Allegations of the Complaint: Violation of 458.331(1) (m) Failing to keep legible, as

defined by department rule in consultation with the board, medical records that identify

the licensed physician or the physician extender and supervising 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 justify the course of treatment of the

patient, including, but not limited to, patient histories; examination results; test results;

records of drugs prescribed, dispensed, or administered; and reports of consultations and

hospitalizations and (t) failure to practice medicine with that level of care, skill, and

treatment which is recognized by a reasonably prudent similar physician as being

acceptable under similar conditions and circumstances.

After discussion, Dr. Miguel made a motion to reject the consent agreement. The motion

was seconded and carried unanimously.

After further discussion, Dr. Miguel moved to offer a counter consent agreement of

$7,500 fine within 6 months, $697.26 costs within 6 months, reprimand, UF Cares course

and compliance with recommendation within 6 months, risk management assessment of

office and the standard provisions of the original consent agreement.

The Board allowed the respondent 7 days to consider the counter consent agreement.

Action taken: Rejection of the Consent Agreement

John D. Wilcox, Jr., M.D. – Orange Park, Florida

Consent

Agreement

.................................................................................................6

Mr. Beebe was recused due to participation on the probable cause panel.

The respondent was present and represented by William R. Huseman, Esquire,

Jacksonville, Florida.

Mr. Livingston represented the Department and presented the case to the Board.

Allegations of the Draft Administrative Complaint alleges violation of Florida Statute

458.331(1)(t) failure to practice medicine with that level of care, skill, and treatment

which is recognized by a reasonably prudent similar physician as being acceptable under

similar conditions and circumstances.

A motion was made to accept the consent agreement. The motion was seconded and

carried unanimously.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

4 of 34

Page 5

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Action taken: $5,000 fine within 60 days, $1959.57 cost within 60 days, 1 hour lecture

on wrong site surgery within 1 year, 5 hours of CME in risk management within 1 year,

20 hours of community service within 12 months.

Tommy Louisville, M.D. – Winter Haven, Florida

Consent

Agreement

.................................................................................................8

Dr. Tucker and Ms. Long are recused due to participation on the probable cause panel.

The respondent was present and represented by Kathryn L. Kasprzak, Esquire, Orlando,

Florida.

Mr. Livingston represented the Department and presented the case to the Board.

Violations of the Administrative Complaint: Violation of Florida Statute 458.331(1)(t)

failure to practice medicine with that level of care, skill, and treatment which is

recognized by a reasonably prudent similar physician as being acceptable under similar

conditions and circumstances.

After discussion, Dr. Miguel made a motion to reject the consent agreement. The motion

was seconded and carried 3 opposed.

The Board wants the record to reflect that the respondent is board certified in emergency

medicine.

After discussion, Dr. Miguel moved to offer a counter consent agreement of a letter of

concern, $5,000, cost of $1791.15, 8 hours of CME. The motion was seconded and

carried 2 opposed.

Action taken: Letter of concern, $5,000 fine within 90 days, $1791.15 costs within 90

days, 8 hours of CME within 1 year.

Mr. McPherson introduced and recognized Dr. Drake. Dr. Drake is a board certified

OB/GYN physician and is an in-house consultant with the Department.

Mr. McPherson introduced and recognized Margaret Beck. Ms. Beck has over 10 years

of services with the consumer services unit. Ms. Beck reviews the hospital disciple

reports, physician office incident reports and ensure proper handling of these documents.

Mr. McPherson recognized Rosanna Catalina, she is with the Attorney General Office,

and she is your board counsel in training. Mr. Ed Tellechea is your Board Counsel

however, he is ill and Ms. Lannon is Counsel for you at this meeting.

Ms. Catalina will provide counsel to the Board at its Credential Committee meetings.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

5 of 34

Page 6

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Thereafter, Mr. McPherson recognized Dr. Darrell Shea, former Board chair of the Board

of Medicine, and Chief Medical Officer for the Agency for Health Care Administration,

and the Chair wanted to recognize him as being present at this meeting.

Russell M. Graham, M.D. – Altamonte Springs, Florida

Consent

Agreement

.................................................................................................9

De. El Sanadi and Mr. Beebe are recused due to participation on the probable cause

panel.

The respondent was present and represented by counsel.

Mr. Livingston represented the Department and presented the case to the Board.

Allegations of the Administrative Complaint: Violation of Florida Statute 458.331(1)(t)

failure to practice medicine with that level of care, skill, and treatment which is

recognized by a reasonably prudent similar physician as being acceptable under similar

conditions and circumstances.

A motion was made to accept the consent agreement. The motion was seconded and

carried unanimously.

Action Taken: $3,500 fine within one year, costs of $3,116.83, 4 hours CME in

cholesterol management, 4 CME in interpretation of cardiac stress tests, demonstrate to

the board what CME he has received since 1997 to stay current with prevailing medical

knowledge in respondent’s field.

Nelson Kraucak, M.D. – Lady Lake, Florida

Consent

Agreement

...............................................................................................10

Dr. Davies was recused due to participation on the probable cause panel.

The respondent was present and represented by Robert A. Leventhal, Esquire, Orlando,

Florida.

Mr. Livingston represented the Department and presented the case to the Board.

Allegation of the Complaint: Violation of Florida Statutes 458.331(1)(c) Being convicted

or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a

crime in any jurisdiction which directly relates to the practice of medicine or to the ability

to practice medicine.

After discussion, Dr. Miguel made a motion to reject the consent agreement. The motion

was seconded and carried with 7 accept and 2 opposed.

After further discussion, Dr. McMillin moved to offer a counter consent agreement of a

letter of concern and costs of $597.86. The motion was seconded and carried with 6

accept and 3 opposed.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

6 of 34

Page 7

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Action Taken: Letter of concern and costs of 597.86.

Daniel Tufariello, M.D. – Port Charlotte, Florida

Consent

Agreement

...............................................................................................11

Dr. Davies was recused due to participation on the probable cause panel.

The respondent was present and represented by Alane C. Laboda, Esquire, Ft. Myers,

Florida.

Dr. Patrowicz made a motion to accept the consent agreement. The motion was seconded

and carried unanimously.

Action Taken: $5,000 fine within 30 days, Costs of $2,521.79 within 30 days, 16 CME

hours in risk management within 1 year.

Kenneth Dacey, M.D. – Deerfield Beach, Florida

Consent

Agreement

.........................................

MOVED TO LATER TODAY 12

See minutes below.

Warren Brown, M.D. – Largo, Florida

Consent

Agreement

...............................................................................................13

Dr. Tucker and Ms. Long are recused due to participation on the probable cause panel.

The respondent was present and represented by Christopher J. Schulte, Esquire, Tampa,

Florida.

Mr. Livingston represented the Department and presented the case to the Board.

Allegations of the Administrative Complaint: Violation of Florida Statutes 458.331(1)(j)

Exercising influence within a patient-physician relationship for purposes of engaging a

patient in sexual activity. A patient shall be presumed to be incapable of giving free, full,

and informed consent to sexual activity with his or her physician. Violating a lawful

order of the board or department previously entered in a disciplinary hearing or failing to

comply with a lawfully issued subpoena of the department, (x) Violating a lawful order

of the board or department previously entered in a disciplinary hearing or failing to

comply with a lawfully issued subpoena of the department, (t) failure to practice

medicine with that level of care, skill, and treatment which is recognized by a reasonably

prudent similar physician as being acceptable under similar conditions and

circumstances, and (m) Failing to keep legible, as defined by department rule in

consultation with the board, medical records that identify the licensed physician or the

physician extender and supervising 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 justify the course of treatment of the patient, including, but

Prepared by Melinda Gray & Crystal Griffin

2/12/03

7 of 34

Page 8

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

not limited to, patient histories; examination results; test results; records of drugs

prescribed, dispensed, or administered; and reports of consultations and hospitalizations

After discussion, Dr. McMillin made a motion to accept the consent agreement. The

motion was seconded and carried unanimously.

Action Taken: $5000 fine within 1 year, Costs of $3,306.67, letter of concern, probation

for a period of 2 years, restrictions not examine or treat any female patients without

female healthcare professional, 4 hours of CME in ethics and FMA boundary course

within 1

st

year of probation.

Ronald Buhain, M.D. – Ft. Lauderdale, Florida

Consent

Agreement

...............................................................................................14

Dr. Patrowicz was recused due to participation on the probable cause panel.

The respondent was present and represented by Bonnie ??, Esquire, on behalf of

McIntosh, Sawran, Peltz & Cartaya, PA, Ft. Lauderdale, Florida.

Mr. Livingston represented the Department and presented the case before the Board.

Allegations of the Administrative Complaint: Violation of 458.331(1) (m) Failing to keep

legible, as defined by department rule in consultation with the board, medical records that

identify the licensed physician or the physician extender and supervising 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 justify the course of

treatment of the patient, including, but not limited to, patient histories; examination

results; test results; records of drugs prescribed, dispensed, or administered; and reports

of consultations and hospitalizations and (t) failure to practice medicine with that level of

care, skill, and treatment which is recognized by a reasonably prudent similar physician

as being acceptable under similar conditions and circumstances.

After discussion, Dr. El Sanadi made a motion to reject the consent agreement. The

motion was seconded and carried with 8 accept and 1 opposed.

After further discussion, Dr. El Sanadi moved to offer counter consent of $10,000 fine,

$1938.99 costs, reprimand, 12 hours of CME in risk management or diagnosing/treating

pulmonary diseases or conditions. The motion was seconded and carried unanimously.

Action taken: $10,000 fine within 1 year, $1938.99 costs within 1 year, reprimand, 12

hours of CME in risk management or diagnosing/treating pulmonary diseases or

conditions within 1 year.

David L. Packer, M.D. – Indian Harbour Beach, Florida

Consent

Agreement

.........................................

MOVED TO LATER TODAY 15

See minutes below.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

8 of 34

Page 9

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Fred J. Turner, Jr., M.D. – Sarasota, Florida

Consent

Agreement

.......................

CONTINUED UNTIL NEXT MEETING 16

Brian Cobb, M.D. – Matlacha, Florida

Default/Voluntary Relinquishment ........................................17, Addendum tab 61

Dr. Miguel and Ms. Long are recused due to participation on the probable cause panel.

Mr. Livingston represented the Department and presented the case to the Board.

Allegations of the Administrative Complaint: Violation of Florida Statute 458.331(1) (g)

failing to perform any statutory or legal obligation placed upon a licensed physician.

There was a motion to adopt the relinquishment of licensure. The motion was seconded

and carried unanimously.

Jiade J. Lu, M.D. – Miami, Florida

Default

...................................................................................................................18

Dr. Patrowitcz was recused due to participation on the probable cause panel.

The respondent was present and was not represented by counsel.

Mr. Livingston represented the Department and presented the case to the Board.

Allegations of the Administrative Complaint: Violation of Florida Statutes 458.331(1)(t)

failure to practice medicine with that level of care, skill, and treatment which is

recognized by a reasonably prudent similar physician as being acceptable under similar

conditions and circumstances (q) prescribing, dispensing, administering, mixing, or

otherwise preparing a legend drug, including any controlled substance, other than in the

course of the physician's professional practice. For the purposes of this paragraph, it shall

be legally presumed that prescribing, dispensing, administering, mixing, or otherwise

preparing legend drugs, including all controlled substances, inappropriately or in

excessive or inappropriate quantities is not in the best interest of the patient and is not in

the course of the physician's professional practice, without regard to his or her intent and

(m) failing to keep legible, as defined by department rule in consultation with the board,

medical records that identify the licensed physician or the physician extender and

supervising 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 justify the course of treatment of the patient, including, but not limited to, patient

histories; examination results; test results; records of drugs prescribed, dispensed, or

administered; and reports of consultations and hospitalizations.

After discussion, a motion was made to adopt the Findings of Fact, the Conclusions of

Law and the Department’s recommended penalty of revocation. The motion was

seconded and carried unanimously.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

9 of 34

Page 10

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Penalty Imposed: Revocation of Licensure.

Dr. Tucker made a motion to access costs in the amount of $2,856.44 within 60 days. The

motion was seconded and carried unanimously.

The Chairman of the Board asked the Board to think about how to handle cases involving

Internet prescribing.

Elena Robles Obediente, P.A. – Hialeah, Florida

Informal

Hearing

...................................................................................................19

Dr. Davies was recused due to participation on the probable cause panel.

The respondent was present and represented by Joseph H. Fernandez, Esquire, Miami,

Florida.

Mr. Livingston represented the Department and presented the case to the Board.

Allegations of the Administrative Complaint: Violation of Florida Statutes 458.331(x)

(2000) (x) violating a lawful order of the board or department previously entered in a

disciplinary hearing.

After discussion, a motion was made to adopt the Findings of Fact, the Conclusions of

Law as alleged in the administrative complaint. The motion was seconded and carried

unanimously.

After further discussion, a motion was made to dismiss the administrative for lack of

jurisdiction-not licensed.

Roberto F. Beraja, M.D. – Coral Gables, Florida

Informal

Hearing

...................................................................................................20

Dr. Patrowicz was recused due to participation on the probable cause panel.

The respondent was present and represented by Adam Hall, Miami, Florida.

Mr. Terrel represented the Department and presented the case to the Board. Violation of

458.331(1) (m) Failing to keep legible, as defined by department rule in consultation with

the board, medical records that identify the licensed physician or the physician extender

and supervising 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 justify the course of treatment of the patient, including, but not limited to, patient

histories; examination results; test results; records of drugs prescribed, dispensed, or

administered; and reports of consultations and hospitalizations and (t) failure to practice

medicine with that level of care, skill, and treatment which is recognized by a reasonably

Prepared by Melinda Gray & Crystal Griffin

2/12/03

10 of 34

Page 11

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

prudent similar physician as being acceptable under similar conditions and

circumstances.

After discussion, a motion was made to adopt the Findings of Fact and the Conclusions of

Law. The motion was seconded and carried unanimously.

After further discussion, a motion was made to dismiss the (t) count. The motion was

seconded and carried with 1 opposed.

After additional discussion, a motion was made to set the penalty of $5000 fine, $453.06

in costs, 1 hour lecture, 100 hours in community service, risk management review of

office and a letter of concern. A motion was seconded and carried with 1 opposed.

Penalty Imposed: Fine of $5,000 90 days, 1 hour lecture within 1 year, 100 hours in

community service within 1 year, risk management review of office and a letter of

concern.

The Department filed a motion to assess costs in this case for $453.06 to be paid within

90 days. The Respondent agreed to the motion to assess cost. The motion was seconded

and carried unanimously.

Edgar Pierre, M.D. – Miami, Florida

Consent

Agreement

.................................................................................................7

Dr. Tucker and Ms. Long were recused due to participation on the probable cause panel.

The respondent was present and represented by Kenneth N. Feldman, Esquire, Plantation,

Florida.

A motion was made to accept the consent agreement. The motion was seconded and

carried unanimously.

Action Taken: $5,000 within 24 months, $1,482.75 in costs, FMA records course within

1 year, USF drug course within 1 year and letter of concern.

Bret Lusskin, M.D. – Motion for Stay Pending Appeal of Final Order on Remand

.................................................................................................34, Addendum tab 64

Mr. Terrel was present and represented the Department in this matter. Mr. Terrel advised

the Board that Dr. Lusskin and his Counsel would not be appearing before the Board and

that they rest on the motion as presented to the Board.

Mr. Terrel advised the Board that this matter is currently on appeal with the District

Court of Appeal and requested the Board to accept the Petitioner/Appellee’s Response to

Appellant’s Motion for Stay Pending Appeal of Final Order on Remand rendered by the

Board of Medicine on November 4, 2002.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

11 of 34

Page 12

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

A motion was made to deny the Respondent’s Motion to Request for Stay. The motion

was seconded and carried unanimously.

RULES DISCUSSION:

Rule 64B8-9.014 Standards for Telemedicine Prescribing Practice .................................42

Rules Report

Ms. Murphy presented to the Board the new language for the telemedicine prescribing

practice rule. The Board recommends adoption of the new language and a motion was

made to move forward with the rulemaking authority. The motion was second and

carried unanimously.

Ms. Lannon discussed that the Rules/Legislative Committee Meeting Report of

November 15, 2002 indicated that she would write a letter to JAPC concerning Rule

64B8-55-004, FAC (Mediation) but decide to present this matter to the

Dietetic/Nutritionist Council again for further consideration.

COMMITTEE REPORTS:

Ad Hoc Finance Committee Report (Mr. Beebe)

General

Comment

...............................................................................................47

Mr. Beebe provided the Board with an overview of the Operational Statistical

Spreadsheet. The spreadsheet identified the following information.

• How to determine the actual cost of the prosecution of a case, is to figure the

dollar amount with the statistics i.e. the number of cases, number of complaints,

number of hours used by an investigator and the number of attorney hours. Then

merge this type of information that will then provide the Board with the actual

cost accounting question.

• How we can track statistics i.e. about case and use the information to educate

physicians, policy approaches on how the Board assess penalties, and make

recommendations to the Legislator and provide the Board with more information

about the Board’s mission.

Mr. Beebe advised the Board that the cost to prosecute a case does not currently have a

cost effective system. However, this operational statistical spreadsheet will help develop

a cost effective system.

Mr. Beebe explained to the Board that there are two types of accounting, financial and

cost accounting. The financial accounting with the Department is good, however it needs

Prepared by Melinda Gray & Crystal Griffin

2/12/03

12 of 34

Page 13

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

to be merged with the cost accounting and that is what the Ad Hoc Finance Committee is

reviewing.

Probationers Committee Report (Dr. Vijayanagar)

January 17, 2003 ......................................................................Addendum tab 58

Dr. Vijayanagar provided the below report to the Board.

Agenda Items: 28 (1 item withdrawn)

Required appearance with supervisor: 1

First Appearances: 2

Supervisors approved: 2

Quarterly Appearances: 3

Request for Early Termination of Probation made at appearance denied: 1

Semiannual Appearances: 2

Miscellaneous Petitions & Actions Taken:

October 25, 2002 Probation Committee meeting minutes approved

Consideration of UF CARES Evaluation recommendations: 1

Extensions of Time Granted: 6

Extensions of Time Denied: 2

Community Service plans approved: 6

Quality Assurance review letters of compliance approved: 3

Action Taken: After discussion, a motion was made, seconded and carried unanimously

to approve the report as presented.

12:30p.m. - 2:00 p.m. Lunch

2:00 p.m.

COUNCIL ON PHYSICIAN ASSISTANTS

Council Meeting Report (Dr. Vijayanagar)

January 10, 2003 .................................................................................................46

Dr. Vijayanagar presented the below report to the Board.

The meeting commended at approximately 1:05 p.m.

The Council approved the October 28, 2002 Council on Physician Assistant meeting

minutes as presented.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

13 of 34

Page 14

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

APPLICATION AND LICENSURE APPROVAL:

The Council approved 45 applicants for full licensure, ratified 8 temporary licenses,

ratified 7 one-year extensions of temporary licenses and ratified 42 up-graded temporary

licenses to full licensure. The Council approved one applicant pending a PRN contract

and with the condition of direct supervision.

OTHER BUSINESS:

The Council made a motion to recommend that the Board of Medicine approve language

modifications for Rule sections 64B8-30.003(4), Physician Assistant Licensure, 64B8-

30.012(3), Physician Assistant Performance, and 64B8-30.014(3)(b), Citation Authority.

The meeting adjourned at approximately 1:25 p.m.

Action Taken: After discussion, a motion was made, seconded and carried unanimously

to approve the report as presented.

Dr. Vijayanagar requested the Board to approve the minutes of the Physician Assistant

Council meeting.

Action Taken: After discussion, a motion was made, seconded and carried unanimously

to approve the minutes as presented.

DISCIPLINARY CASE SCHEDULE (cont.):

David L. Packer, M.D. – Indian Harbour Beach, Florida

Consent

Agreement

...............................................................................................15

Dr. El Sanadi and Mr. Beebe recused due to participation on the probable cause panel.

The respondent was present and not represented by counsel.

Mr. Terrel represented the Department and presented the case to the Board. Violation of

the Administrative Complaint: Violation of Florida Statute 458.331(1)(t) failure to

practice medicine with that level of care, skill, and treatment, which is recognized by a

reasonably prudent similar physician as being acceptable under similar conditions and

circumstances.

After discussion, a motion was made to reject the consent agreement. The motion was

seconded and carried unanimously.

After further discussion, a motion was made to offer a counter consent agreement of

$10,000 fine, costs of $658.32, 4 hours of CME in risk management, USF drug course,

50 hours of community service and reprimand. The motion was seconded and carried

unanimously.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

14 of 34

Page 15

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

The Board allowed the respondent 7 days to consider the counter consent agreement.

After further discussion, the Respondent accepted the counter consent agreement.

Action Taken: $10,000 fine, costs of $658.32, 4 hours of CME in risk management, USF

drug course, 50 hours of community service and reprimand

Angelita Capili, M.D. – St. Augustine, Florida

Consent

Agreement

...............................................................................................21

Dr. El Sanadi and Mr. Beebe were recused due to participation on the probable cause

panel.

Mr. Livingston represented the Department and presented the case before the Board.

Allegations of the Violation of Florida Statute 458.331(1)(t) failure to practice medicine

with that level of care, skill, and treatment which is recognized by a reasonably prudent

similar physician as being acceptable under similar conditions and circumstances.

A motion was made to accept the consent agreement. The motion was seconded and

carried unanimously.

Action Taken:

Eduardo Barrera-Macias, M.D. – Palm Coast, Florida

Consent

Agreement

...............................................................................................22

Mr. Beebe and Dr. Vijayanagar were recused due to participation on the probable cause

panel.

The Respondent was present and represented by Rhonda Boggesss, Esquire, Jacksonville,

Florida.

Mr. Livingston represented the Department and presented the case before the Board.

Allegations of the Violation of Florida Statute 458.331(1)(t) failure to practice medicine

with that level of care, skill, and treatment which is recognized by a reasonably prudent

similar physician as being acceptable under similar conditions and circumstances.

A motion was made to accept the consent agreement. The motion was seconded and

carried unanimously.

Action Taken: $2000 fine within six months, $3,028.58 within six months current costs

are $3,184.40 and 25 hours of community service.

Jon Donshik, M.D. – Plantation, Florida

Consent

Agreement

.......................

CONTINUED UNTIL NEXT MEETING 23

Prepared by Melinda Gray & Crystal Griffin

2/12/03

15 of 34

Page 16

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

William M. Hammesfahr, M.D. – Clearwater, Florida

Recommended

Order

............................................................................................24

Ms. Long was recused due to participation on the probable cause panel.

The Respondent was not present and represented by Mr. Max Price, Miami, Florida along

with Dr. Joel Berger, dentist.

Mr. James Earl, Senior Attorney represented the Department and presented the case

before the Board. The Administrative Complaints alleged violation of Florida Statute

458.331(1)(t) the failure to practice medicine with that level of care, skill, and treatment

which is recognized by a reasonably prudent similar physician as being acceptable under

similar conditions and circumstances (d) false, deceptive, or misleading advertising. and

(n) exercising influence on the patient or client in such a manner as to exploit the patient

or client for financial gain of the licensee or of a third party, which shall include, but not

be limited to, the promoting or selling of services, goods, appliances, or drugs.

The Administrative Law Judge did not find respondent in violation of 458.331(1)(t) and

(d), Florida Statutes.

After discussion, Mr. Beebe moved to adopt the Findings of Fact and the Conclusions of

Law. The motions were second and carried unanimously.

After discussion, Dr. Davies moved to deny the Respondent’s exceptions to the

recommended order. The motion was second and carried unanimously.

After discussion, Dr. Davies moved to accept the Administrative Law Judges

Recommended Order. The motion was second by Mr. Beebe and carried with one

opposed.

Penalty Imposed: $2,000 fine, Six months probation, quarterly reports, indirect

supervision, monthly review, 50% chart review, 100 hours of community service, ethics

course.

The Department filed a Motion to Assess Cost costs 52,084.40. Dr. Kent made a motion

assess the costs. Dr. Tucker seconded the motion and carried with two opposed.

Cost Assessed: $52,084.40.

Robert H. Fier, M.D. – Stuart, Florida

Recommended Order .............................................................25, Addendum tab 62

Mr. Beebe was recused due to participation on the probable cause panel.

The Respondent was not present and represented by Brian Newman, Tallahassee, Florida.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

16 of 34

Page 17

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Mr. Livingston represented the Department and presented the case before the Board. The

Administrative Complaints alleged violation of Sections 458.331(1)(t)(m) Florida

Statutes.

After discussion, Dr. Patrowicz moved to adopt the Findings of Fact and Conclusions of

Law. Dr. Davies seconded the motion and carried unanimously.

Dr. Tucker moved to reject the Respondent’s Exceptions to Recommended Order. Dr.

Kent seconded the motion and carried unanimously.

After discussion, Dr. Davies moved to adopt the recommended penalty of the

Administrative Law Judge. Dr. Kent seconded the motion and carried unanimously.

After further discussion, Ms. Lannon recommended to the Board that the Board reject the

last sentence of the recommended order directing the Board to remand the case back to

the Division of Administrative Hearings because of lack of jurisdiction.

Dr. Davies moved to accept this motion and Dr. Patrowicz seconded the motion and

carried unanimously.

Penalty Imposed: $10,000 fine within ninety days

The Department filed a Motion to Assess Costs and requested that the matter be heard at

the next meeting, March 5, 2003 Telephone Conference Call. The motion was seconded

and carried unanimously.

Charles S. Eby, M.D. – Ft. Myers, Florida

Recommended

Order .................................................................... …………….26

The Petitioner represented by John Terrel, Senior Attorney and presented the case before

the Board. The Administrative Complaint alleges that Respondent violated Florida

Statutes 458.331(1)(t) failure to practice medicine with that level of care, skill, and

treatment which is recognized by a reasonably prudent similar physician as being

acceptable under similar conditions and circumstances (m) failing to keep legible, as

defined by department rule in consultation with the board, medical records that identify

the licensed physician or the physician extender and supervising 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 justify the course of treatment of the

patient, including, but not limited to, patient histories; examination results; test results;

records of drugs prescribed, dispensed, or administered; and reports of consultations and

hospitalizations and (x) violating a lawful order of the board or department previously

entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of

the department.

The Respondent was not present and represented by H. Roger Lutz, Esquire.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

17 of 34

Page 18

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Mr. Terrel presented the petitioner’s exceptions to recommended order.

After discussion, a motion was made to grant petitioner’s exceptions to recommended

order to paragraph 53, paragraph 66, paragraph 82, paragraph 106. The motion was

seconded and carried unanimously.

After discussion, a motion was made to grant petitioner’s amended exceptions,

petitioner’s exceptions to paragraph 109, paragraph 110, paragraph 112 and paragraph

113. The motion was second and carried unanimously.

After discussion, a motion was made to deny respondent’s exceptions to recommended

order. The motion was seconded and carried unanimously.

After discussion, a motion was made to reject the assertion in paragraph 108 of the

Recommended Order that aiding and abetting the unlicensed practice of medicine does

“not expose any patient or member of the public to physical injury or potential injury.”

The motion was seconded and carried unanimously.

A motion was made to adopt the Findings of Fact and Conclusion of Laws of the

Recommended Order as modified and amended. The motion was seconded and carried

unanimously.

A motion was made to reject the recommended disposition by the Administrative Law

Judge. The motion was seconded and carried unanimously.

After discussion, a motion was made to set the penalty as a $5,000 within 90 days, Laws

and Rules Course sponsored by FMA and completion of medical ethics course within 1

year, letter of concern.

Penalty Imposed: $5,000 fine, Laws and Rules Course, Ethics Course within 1 year and

letter of concern.

The Department filed a Motion to Assess Costs in the amount of $10,000. The motion

was seconded and carried unanimously.

Alexander Brickler, III, M.D. – Tallahassee, Florida

Recommended Order .................................................................... 27 Additional

Dr. Lamelas was recused due to participation on the probable cause panel.

The respondent was present and represented by David W. Moye, Tallahassee, Florida.

Mr. Livingston represented the Department and presented the case to the Board.

Allegations of the Complaint: Violation of Florida Statute 45.331(1)(t) failure to practice

medicine with that level care, skill and treatment which is recognized by a reasonably

Prepared by Melinda Gray & Crystal Griffin

2/12/03

18 of 34

Page 19

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

prudent similar physician as being acceptable under similar conditions and

circumstances.

The Respondent made a motion to find that the Board does not have jurisdiction because

more than 90 days have expired since the Recommend Order has been issued.

After discussion, Dr. Miguel made a motion that the Board refuse to request to deny

jurisdiction and dismiss the claim. Dr. Tucker seconded the motion and carried

unanimously.

After discussion, a motion was made to reject the Respondent’s response to exception is

denied. Dr. Kent seconded the motion and carried unanimously.

After discussion, Dr. Tucker made a motion to adopt the Findings of Fact and

Conclusions of Law as stated by the Administrative Law Judge. The motion was

seconded and carried unanimously.

After further discussion, Dr. Tucker made a motion to accept the Administrative Law

Judges recommended penalty of $1,000 fine to be paid within ninety days and the

$37,141.29 costs to be paid in four years. Dr. Kent seconded the motion carried with 3

opposed.

Penalty Imposed: $1,000 fine within 90 days, costs 37,141.29 within 4 years.

Leonard Rubinstein, M.D. – Sarasota, Florida

Consent

Agreement

......................................................................

28

The respondent was present and represented by Joseph Harrison, Esquire, Boca Raton,

Florida.

Mr. Livingston represented the Department and presented the case to the Board.

Violation of the Administrative Complaint: Violation of Florida Statute 458.331(1)(t)

failure to practice medicine with that level of care, skill, and treatment, which is

recognized by a reasonably prudent similar physician as being acceptable under similar

conditions and circumstances.

After discussion, a motion was made to reject the consent agreement. The motion was

seconded and carried unanimously.

After further discussion, a motion was made to offer a counter consent agreement of

$25,000 fine, $7,147.31 costs, UF Cares Course, Laws and Rules Course, Reprimand,

100 hours of community service and 5 years probation. The motion was seconded and

carried with 4 opposed.

The Board allowed the respondent 7 days to consider the counter consent agreement.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

19 of 34

Page 20

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

The terms of probation were set at this meeting.

Action Taken: Consent Agreement Rejected.

Kenneth Dacey, M.D. – Deerfield Beach, Florida

Consent

Agreement

...............................................................................................12

Dr. Davies was recused due to participation on the probable cause panel.

The respondent was present and represented by James Eckhart, Esquire, Miami, Florida.

Dr. Patrowicz made a motion to accept the consent agreement. The motion was seconded

and carried unanimously.

Action Taken: $5,000 fine within 6 months, cost of $1,786.78 within 6 months, 8 hours

of risk management or general anesthesia, 1 hour lecture on upper extremity block with

special emphasis on wrong site procedures and letter of concern.

Anticipated Adjournment 5:30 p.m.

5:30 p.m. or soon thereafter:

Expert Witness Committee Meeting (Separate Agenda)

The Expert Witness Committee did not have a quorum to hold this meeting. It was

continued until April 2003.

Dietetic-Nutrition/Electrolysis Committee Meeting (Separate Agenda)

Prepared by Melinda Gray & Crystal Griffin

2/12/03

20 of 34

Page 21

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Saturday, February 8, 2003

8:05 a.m. ROLL CALL

Members Present

R. Vijayanagar, MD, Chair

Mark S. Avila, MD

John Beebe

Laurie Davies, MD

Nabil El Sanadi, MD

Kriston Kent, MD

Peter Lamelas, MD

B. Denise McMillin, MD

Rafael Miguel, MD

Tully Patrowicz, MD

Monique Long

(arrived at 8:10)

Manuel J. Coto, MD

Members Absent

Terence P. McCoy, MD

Elisabeth Tucker, MD

Staff Present

Cathy Lannon, Board Counsel

Rosanna Catalano, Board Counsel

Larry McPherson, Executive Director

Chandra Prine, Program Administrator

Melinda K. Gray, Regulation Consultant

Nancy Murphy, Attorney General’s Office

Efrain Livingston, AHCA, Senior Attorney

Others Present:

Suzette Bragg, Court Reporter

Raymond Palm, M.D., Director, Physician

Recovery

Network

Dr. El Sanadi requested assistance from Mr. McPherson in addressing some issues that

came up on Friday while handling the disciplinary cases regarding the conduct of counsel

for respondents. Mr. McPherson agreed to work on these issues with Mr. Livingston and

report back at the April Board Meeting. He also advised this would be an agenda item

for the July Retreat.

Ms. Lannon advised that any individual may file a complaint with the Florida Bar. She

also advised the Board does not have sanction authority to fine an attorney that appears

before the Board for misconduct.

DISCIPLINARY CASE SCHEDULE CONTINUED:

Tab 29 - Anthony P. McDonald, M.D., Gainesville, Florida – Consent Agreement

Mr. Beebe was recused due to participation in Probable Cause.

Dr. McDonald was present accompanied by his attorney, Carol Lanfri, Esquire.

Ms. Griffis, daughter of the patient in the case, addressed the Board.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

21 of 34

Page 22

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

A motion was made, seconded and carried unanimously to recommend approval of the

proposed Consent Agreement.

Penalty imposed: $7,500 fine, $2,330.27 costs, 1 hour lecture on wrong site surgery, 25

hours of community service and a letter of concern.

Tab 30 – Rosa Roofeh, M.D., Boynton Beach, Florida – Consent Agreement

Dr. Roofeh was present and not represented by counsel.

Mr. Livingston represented the Department and presented the case to the Board.

Allegations of the Complaint: Violation of §458.331(1)(b), Florida Statutes, by having a

license or the authority to practice medicine revoked, suspended, or otherwise acted

against, including the denial of licensure, by the licensing authority of any jurisdiction,

including its agencies or subdivisions and violation of §458.331(1)(kk), Florida Statutes,

failing to report to the Board, in writing, within 30 days if action as defined in paragraph

(b) has been taken against one’s license to practice medicine in another state, territory, or

country.

Dr. Patrowicz made a motion to reject the Consent Agreement and dismiss the case. Dr.

El Sanadi seconded the motion.

Mr. Livingston reminded the Board Dr. Roofeh violated the law by having had action

taken against her license and then again by failing to report it which she admitted on the

record.

After discussion, Dr. El Sanadi asked Dr. Patrowicz to consider an amendment to his

motion to impose costs and a letter of concern.

Ms. Lannon advised the Board it would not be appropriate to dismiss the case unless the

Board finds there has been no violation. She stated the Board has disciplinary guidelines

with which to follow in instances where violations exist.

Dr. Patrowicz withdrew his motion. He made another motion to reject the Consent

Agreement. The motion was seconded and carried unanimously.

Dr. Patrowicz made another motion to impose costs and a letter of concern. The motion

was seconded and carried unanimously.

Dr. Roofeh accepted the counter offer on the record. Mr. Livingston accepted the counter

offer on behalf of the Department.

Penalty imposed: $598.93 costs, letter of concern.

Tab 55 – Paula K. Love, M.D., Crescent City, Florida – Consent Agreement

Prepared by Melinda Gray & Crystal Griffin

2/12/03

22 of 34

Page 23

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Dr. Love was present and represented by Kenneth Metzger, Esquire.

Mr. Livingston represented the Department and presented the case to the Board.

Allegations of the Complaint: Violation of § 458.331(1)(s), Florida Statutes, being unable

to practice medicine with reasonable skill and safety to patients by reason of illness or as

a result of any mental condition.

Dr. Pomm addressed the Board regarding Dr. Love’s recovery.

Dr. Davies made a motion to recommend accepting the Consent Agreement as written.

Dr. Miguel seconded and the motion carried unanimously

Penalty imposed: Suspension until PRN completes evaluation and recommends she can

practice with skill and safety; participate and comply with PRN; prohibition on controlled

substances unless prescribed for justifiable reason by an authorized practitioner;

probation upon reinstatement with terms to be determined at that time; $957.24 fine,

$1588.54 costs.

LICENSURE ISSUES:

Tab 31 – Ana Rivero, M.D. – Recommended Order

Dr. Rivero was present.

Mr. Livingston addressed the Board and advised that Petitioner failed to pass the FMLE.

She requested a hearing challenging the fairness of the administration of the test. The

Department of Health recommends dismissing the challenge.

Dr. Rivero stated she did not understand the Recommended Order.

Dr. Vijayanagar made a motion to accept the Recommended Order. The motion was

seconded and carried unanimously.

Action imposed: Exam challenge dismissed.

Tab 32 – Edward Harshman, M.D. – Request to Lift Licensure Restrictions

WITHDRAWN

Tab 56 – 2003 Survey of USMLE Pass/Fail Standards – Information Only

Mr. McPherson explained USMLE requested the Board complete a survey which was

completed by Dr. Miguel on behalf of the Credentials Committee.

Nobel Attipoe, M.D. – Referral from Credentials Committee

Mr. McPherson explained this case will be discussed with the Credentials Committee

Prepared by Melinda Gray & Crystal Griffin

2/12/03

23 of 34

Page 24

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Report.

FINAL ORDER COMPLIANCE ISSUES:

Tab 33 – Josephine Bonnell, M.D. – Request to Rescind Final Order

Dr. Bonnell was not present.

Mr. McPherson explained the Department is requesting the Board rescind a Citation Final

Order that was entered in error.

A motion was made, seconded and carried unanimously to recommend rescinding the

Final Order.

Action taken: Final Order rescinded.

Tab 34 – Bret Lusskin, M.D. – Motion for Stay Pending Appeal of Final Order on

Remand

Case heard Friday morning.

Tab 35 – Daniel McGuire, M.D. – Motion to Vacate

Dr. McGuire was not present, but she was represented by Bruce Stanley, Esquire.

Mr. Livingston advised he was not aware of the circumstances surrounding this motion.

Mc McPherson explained Department attorney Kim Kluck submitted a Motion to Vacate

the Final Order against Dr. McGuire and to enter into another Final Order without the

costs imposed. He explained at the time the case was considered, the Board did not have

authority to assess attorney fees in costs which is what occurred in this case. He

explained she was requesting no costs be imposed.

A motion was made and seconded to vacate the Final Order and issue a second Final

Order with same terms, but imposing no costs.

Mr. Stanley addressed the Board and explained the District Court of Appeal remanded

this case back to the Board under the agreement with the Department to vacate the Final

Order and impose the Recommended Order as written.

The motion passed with 2 opposed.

Action taken: Final Order vacated; Final Order imposed with same terms without costs.

Tab 36 – Herman Dorado, M.D. – Request to Rescind Voluntary Relinquishment

WITHDRAWN

Prepared by Melinda Gray & Crystal Griffin

2/12/03

24 of 34

Page 25

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Tab 37 – Paul Wand, M.D. – Review & Approval of Evaluations

Dr. Wand was present and represented by Joseph Harrison, Esquire.

Ms. Lannon explained this was being presented for review of Dr. Wand’s PRN and UF

CARES evaluation as part of the requirements of a Final Order. She explained the Board

needed to set probation terms.

Dr. Pomm addressed the Board concerning Dr. Wand and made recommendations for the

Board to consider in imposing probationary terms which should include continued

monitoring. He stated Dr. Wand can practice with skill and safety.

There was some discussion concerning two different letters dated the same date from the

UF CARES program with differing information concerning the recommendations for the

patient communications course. Dr. Vijayanagar requested Tim Callaghan call the UF

CARES Program and address this issue.

A motion was made, seconded and carried unanimously to impose 5 years probation with

the following terms and conditions: quarterly appearances, indirect supervision with

approval by the Chairman of the Probationers Committee in coordination with Dr. Pomm,

25% review of records, Neurology review course equivalent to Board Review course

within 6 months, re-evaluation by UF CARES, patient communication skills course, PRN

contract for at least 3 years, restriction on treating female patients including a chaperone

and log, must refrain from using unconventional treatments.

Action taken: Probation imposed with terms.

Tab 38 – Syed Ikramuddin, M.D. – Required Appearance

Dr. Ikramuddin was not present.

Tab 39 – William Dismukes, M.D. – Request to Lift Restriction

Dr. Dismukes was present. He addressed the Board and explained that because of the

obligations on his license, he cannot do volunteer work when in Florida. He stated he has

no intention of treating his wife. He stated he would not have a private practice although

he has been practicing in North Carolina where is license is free and clear. He said he’d

like to do locum tenens.

Mr. McPherson stated the permanent restriction against requires him to refrain from

prescribing to his wife.

A motion was made and seconded to recommend lifting the restriction from Dr.

Dismukes’ license. The motion carried with 2 opposed.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

25 of 34

Page 26

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Action imposed: Restriction lifted.

Tab 40 – Paul Psychas, M.D. – Rescind Final Order

Dr. Psychas was not present.

Mr. McPherson explained the Department is requesting the Board rescind a Citation Final

Order that was entered in error.

A motion was made, seconded and carried unanimously to recommend rescinding the

Final Order.

Action taken: Final Order rescinded.

Tab 54 – Ronald Chase, M.D. – Petition for Reinstatement

Dr. Chase was present and represented by Allen Grossman, Esquire.

Dr. Pomm addressed the Board concerning Dr. Chase.

A motion was made and seconded to reinstate Dr. Chase’s license with PRN monitoring

for at least 1 year. The motion carried

Action taken: Reinstate Dr. Chase’s license with PRN monitoring for at least 1 year.

REQUEST FOR RENEWAL OF OFFICE SURGERY ACCREDITATION

APPLICATION

Tab 41 – Florida Academy of Cosmetic Surgeons

See transcript.

USMLE Clinical Skills Examination Presentation

Jennifer LaPlant, University of Florida student, appeared to make a presentation to the

Board regarding the USMLE Clinical Skills Examination.

Dr. Scoles, Senior Vice President of the National Board of Medical Examiners was

unable to attend the meeting.

No action taken.

Tab 44 – Board Director’s Remarks (Larry McPherson)

Prepared by Melinda Gray & Crystal Griffin

2/12/03

26 of 34

Page 27

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Mr. McPherson explained MQA submitted a combined bill to the Legislature that

includes all proposals for all Boards and a summary of these bills were included in the

agenda material. The proposals includes: assistance with the disciplinary process

concerning obtaining subpoenas, exempts certain clinics associated with medical schools

from registering as a health care clinic, posting exam scores on the internet, increase

threshold of medical malpractice claims, granting rule making authority to Boards to

determine sufficient allegations concerning sexual misconduct, internet prescribing

provisions, provide ability to obtain costs and deal with DOAH, and deletes direct

supervision of electrologists.

Mr. McPherson also discussed the customer service staff is providing to the Board

Members and requested feedback. He outlined upcoming events including the Federation

Annual Meeting and asked the Board to clarify when they would prefer the July Retreat

be held.

A motion was made, seconded and carried unanimously to recommend the July Retreat

be held on Saturday and Sunday.

Action taken: The July Retreat will be moved from Friday and Saturday to Saturday and

Sunday.

Mr. McPherson explained the Administrative Voluntary Relinquishment process used by

Board Staff. He asked the Board if they would like to continue receiving the lists of

administrative voluntary relinquishments or if they would prefer only receiving those

requests with problems.

A motion was made, seconded and carried unanimously to cease the requirement for

administrative voluntary relinquishment lists to be acted upon at Board Meetings.

Action taken: Administrative Voluntary Relinquishment lists will no longer be provided

to the Board for approval. Staff may act upon each request as it is received.

Mr. McPherson reminded Board Members to pay their Sunshine Fund dues. The dues are

$335 per year per member and the check should be made out to the Sunshine Fund.

Mr. McPherson advised the Board of changes with the Health Care Clinic Registration

Program.

Mr. McPherson advised the Board the Department of Health has contracted with a

collection agency to collect delinquent fines and costs.

Tab 43 – BOARD COUNSEL’S REMARKS (Cathy Lannon, Esquire)

Ms. Lannon gave a brief update on the Lankau appeal.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

27 of 34

Page 28

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

A motion was made, seconded and carried with 2 opposed to decrease the penalty in lieu

of losing the case completely. She explained a settlement proposal would still be

considered by the Board.

Action taken: Agree to decrease the penalty in the Lankau case.

Ms. Lannon also briefly discussed the Office Surgery Rule Challenge.

Ms. Catalano briefly discussed the Board of Pharmacy vs. RX Network of South Florida

case which involves internet prescribing.

CORRESPONDENCE & ARTICLES:

Tab 50 – Article: “US Supreme Court punts dentist’s free-speech case”

No action taken.

Tab 51 – Clarification of patient records

Mr. McPherson explained this came from a telephone call wherein the caller wanted to

know if they could take their hard copy patient files, have them scanned to a CD then

destroy the original files.

A motion was made, seconded and carried unanimously to recommend approval of the

process of scanning patient records to a CD and then destroying the original as long as

back ups are made and those records are attainable and patient confidentiality is

maintained.

Mr. McPherson advised he would draft a letter for the Board to review at the next

meeting concerning this issue.

Action taken: Electronic patient records are permissible as long as those records are

attainable and patient confidentiality is protected.

Tab 52 – Approval of Volunteer Hours for CME

Ms. Lannon advised the Board may allow volunteer hours (5 hours) to substitute for

required CME, but she reminded the Board they would need to promulgate a rule.

A motion was made, seconded and carried unanimously to recommend referring this

matter to the Rules Committee for further discussion.

Action taken: Refer matter to Rules Committee for discussion and drafting of language.

Tab 53 – Bob Easton, O.D. – Improper Dispensing of Contact Lenses

Prepared by Melinda Gray & Crystal Griffin

2/12/03

28 of 34

Page 29

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

A motion was made, seconded and carried unanimously not to approve this reporting

system due to reliability issues.

Action taken: Reporting system not approved.

Supplemental Material - Correspondence from Gustavo Leon, M.D.

Mr. McPherson read aloud a letter from former Board Member and Chairman of the

Board, Gustavo Leon, M.D. thanking the Board for the opportunity to work with each of

them.

No action taken.

Change of Officers - 2003

A motion was made, seconded and carried unanimously to recommend Dr. Vijayanagar

to serve as Chairman.

A motion was made, seconded and carried unanimously to recommend Dr. Tucker as

Chairman Elect.

A motion was made, seconded and carried with 1 opposed to recommend Dr. Miguel as

1

st

Vice-Chairman.

A motion was made, seconded and carried unanimously to recommend Dr. Kent as 2

nd

Vice-Chairman.

Action taken: The following positions were elected: Dr. Vijayanagar as Chairman, Dr.

Tucker as Chairman Elect, Dr. Miguel as 1

st

Vice-Chairman and Dr. Kent as 2

nd

Vice-

Chairman.

COMMITTEE REPORTS:

Dietetic-Nutrition/Electrology Committee Report

Ms. Long provided the report for the meeting held February 7, 2003 outlining the

approval of Marjorie Brown Cunningham to serve as a Consumer Member for the

Dietetic-Nutrition Council and approval of Cheryl Alexander to serve as the Consumer

Member for the Electrolysis Council. The Committee also reviewed 2 applications to

serve as Electrolysis Council members and approved Virginia Hudson.

A motion was made, seconded and carried unanimously to recommend accepting the

report as presented.

Action taken: Marjorie Brown Cunningham approved for Dietetic-Nutrition Council,

Cheryl Alexander and Virginia Hudson approved for the Electrolysis Council.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

29 of 34

Page 30

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Credentials Committee Report

Dr. Davies provided the Credentials Committee Report for the meeting held January 25,

2003. Candidate Nobel Attipoe was removed from the list because his issue was referred

to the Board Meeting for further consideration. Candidate McKenzie was also removed

from the list due to conflicts with multiple applications that was later resolved. He was

recommended for full licensure.

A motion was made, seconded and carried unanimously to recommend acceptance of the

Credentials Committee Report as presented.

Action taken: Credentials Committee Report accepted.

Surgical Care Committee Report

Dr. El Sanadi provided the Surgical Care Committee Report for the conference call held

January 27, 2003. There were 6 petitions for waiver or variance of which 2 withdrew and

the remaining petitions were denied. He also advised the Committee suggested Rule

64B8-9.0091(1)(b), FAC be changed slightly to add the language of compliance with the

registration of health care clinics and the standard of care rule when registering to

perform office surgery.

A motion was made, seconded and carried unanimously to recommend acceptance of the

Surgical Care Committee Report as presented.

Action Taken: Surgical Care Committee Report accepted.

APPROVAL OF MEETING MINIUTES

A motion was made, seconded and carried unanimously to approve the meeting minutes

for the December 6-7, 2002 Board of Medicine meeting as written.

A motion was made, seconded and carried unanimously to approve the meeting minutes

for the January 8, 2003 conference call.

Action taken: Meeting minutes for the December 6-7, 2002 Board Meeting and the

January 8, 2003 conference call approved.

CERTIFICATION OF APPLICANTS PURSUANT TO CHAPTER 458, F.S.

Dr. Vijayanagar read aloud the individual reports.

A motion was made, seconded and carried unanimously to recommend approval of the

certification lists as provided.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

30 of 34

Page 31

MINUTES

Department of Health

F

LORIDA

Board of Medicine Meeting

February 7-8, 2003

Action taken: Certification lists approved.

RATIFICATION OF ADMINISTRATIVE VOLUNTARY RELINQUISHMENTS

A motion was made, seconded and carried unanimously to approve the Administrative

Voluntary Relinquishment list as provided.

Action taken: Administrative Voluntary Relinquishment list approved.

TAB 45 - FEDERATION OF STATE MEDICAL BOARDS

Mr. McPherson reviewed the Federation’s Annual Assessment request with the Board

Members and asked that they share any recommendations with Dr. Patrowicz so he can

get prepared for the Federation’s Annual Meeting.

CORRESPONDENCE & ARTICLES:

Correspondence from John O. Agwunobi, M.D., MBA – Shared Responsibility

Treatment Model

Mr. McPherson explained the issue and stated Dr. Agwunobi has requested a task force

be created to handle this issue. He would like three Board of Medicine Members to

participate in a joint task force with the Board of Psychology.

A motion was made, seconded and carried unanimously to recommend Dr. Patrowicz, Dr.

El Sanadi and Dr. Avila to serve on the joint task force.

Meeting Adjourned.

Prepared by Melinda Gray & Crystal Griffin

2/12/03

31 of 34