01-000531PL Department Of Health, Board Of Medicine vs. Rodger Steinem, P.A. Status: Closed Recommended Order on Thursday, June 7, 2001.

Summary: Respondent`s failure to comply with Final Order of the Board of Medicine is a violation of Section 458.331(1)(x), Florida Statutes, and a basis for license revocation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH, )

BOARD OF MEDICINE, )

)

Petitioner , )

)

vs. ) Case No. 01-0531PL

)

RODGER H. STEINEM, P.A. , )

)

Respondent. )

_____________________________________)

RECOMMENDED ORDER

On April 19, 2001, a formal administrative hearing in this

case was conducted in Jacksonville, Florida, by Don W. Davis,

Administrative Law Judge, Division of Administrative Hearings.

APPEARANCES

For Petitioner : Eric S. Scott, Esquire

Jennifer Ea stridge, Certified Student Intern

Agency for Health Care Administration

Post Office Box 14229

Tallahassee, Florida 32317-4229

For Respondent : No Appearance

STATEMENT OF THE ISSUES

The issues in the case are whether the allegations of the

Administrative Complaint filed by the Petitioner are correct

and, if so, what penalty should be imposed against the

Respondent.

PRELIMINARY STATEMENT

By Administrative Complaint dated August 24, 2000, the

Department of Health (Petitioner) alleged that Rodger H.

Steinem, P.A. (Respondent), violated Section 458.331(1)(x),

Florida Statutes, by his noncompliance with a lawful order

previously entered in a disciplinary case by Petitioner,

directing Respondent's compliance with certain requirements.

Respondent requested a formal hearing. The matter was

forwarded to the Division of Administrative Hearings which

scheduled and conducted the proceeding.

At the hearing, Petitioner presented the testimony of one

witness and had Exhibits numbered 1-8 admitted into evidence.

Respondent did not appear and no evidence was presented on his

behalf. The Transcript of the hearing was filed on May 10,

2001. Petitioner filed a Proposed Recommended Order which has

been reviewed and utilized in the preparation of this

Recommended Order.

FINDINGS OF FACT

1. Petitioner is the state agency charged with regulation

of physician assistants in the State of Florida.

2. At all times material to this case, Respondent has

been licensed as a physician assistant in the State of Florida,

holding License Number PA 0001550. His last known address is

366 Magnolia Street, Atlantic Beach, Florida 32233.

3. On April 30, 1997, a Final Order (Final Order) was

entered by Petitioner's Board of Medicine imposing discipline

on Respondent's license as a physician assistant. The Final

Order was in response to the Recommended Order entered in

Division of Administrative Hearings (DOAH) Case Number 96-1559,

where the presiding Administrative Law Judge (ALJ) recommended

the revocation of Respondent's license for various violations

of Section 458.331(1), Florida Statutes.

4. In the Final Order, Petitioner's Board of Medicine

elected to impose discipline and adopted the findings of fact

and conclusions of law in the Recommended Order. Discipline

imposed included a six-month suspension of license and a

requirement that Respondent complete the Florida Medical

Association's medical records course, along with completing 10

hours of continuing education in the area of medical ethics.

Respondent was also formerly reprimanded and ordered to pay an

administrative fine of $5,000 within 30 days.

5. Respondent appealed the Final Order and the First

District Court of Appeal granted Respondent's Motion For Stay

on May 21, 1997.

6. On February 8, 1999, the First District Court of

Appeal issued a per curiam affirmance of the Final Order of

Petitioner's Board of Medicine. On June 9, 1999, the Court

issued its Mandate.

7. Based upon the terms of discipline in the Final Order,

Respondent was to pay a $5,000 administrative fine by July 9,

1999; complete the Florida Medical Association's medical

records course by December 9, 1999; and complete 10 hours of

continuing medical education in the area of medical ethics by

the same date.

8. Respondent failed to pay the administrative fine by

July 9, 1999. He also failed to complete either the medical

records course or the 10 hours of continuing education in the

area of medical ethics by December 9, 1999.

9. Notification was provided to Respondent by

Petitioner's investigator that Respondent had failed to comply

with the terms of the Final Order. Subsequent testimony of

Petitioner's compliance officer at the final hearing also

establishes that Respondent has, to-date, not complied with

terms of the final order.

10. Respondent's failure to comply with requirements of

the Final Order constitutes a violation of a lawful order of

Petitioner's Board of Medicine.

CONCLUSIONS OF LAW

11. The Division of Administrative Hearings has

jurisdiction over the parties to and subject matter of this

proceeding. Section 120.57(1), Florida Statutes.

12. Petitioner, Department of Health, Board of Medicine,

is responsible for disciplinary proceedings against physician

assistants licensed in Florida. Chapter 464, Florida Statutes.

13. Petitioner has the burden of proving the allegations

against the Respondent by clear and convincing evidence.

Ferris v. Turlington , 510 So. 2d 292 (Fla. 1987). In this

case, the burden has been met.

14. Respondent's behavior in failing to comply with the

Final Order of Petitioner's Board of Medicine is deemed a

violation of Section 458.331(1)(x), Florida Statutes, which in

turn provides that "[v ]iolating any provision of this chapter,

a rule of the board or department, or a lawful order of the

board or department previously entered in a disciplinary

hearing" is a basis for license discipline.

15. Disciplinary guidelines of Petitioner's Board of

Medicine set forth in Rule 64B8-8.001, Florida Administrative

Code, provide that a violation of Section 458.331(1)(x),

Florida Statutes, subjects a licensee to a range of penalties

from reprimand to revocation of licensure, plus an

administrative fine of $250 to $5,000.

16. Respondent's violation of a prior Final Order and

failure to respond or appear in this proceeding underscores his

flagrant disregard for entities with authority over his license

and supports imposition of the most stringent penalty.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is recommended that Petitioner enter a final order

against Respondent, finding that Respondent violated Section

458.331(1)(x), Florida Statutes, and revoking Respondent's

license as a physician assistant.

DONE AND ENTERED this 7th day of June, 2001, in

Tallahassee, Leon County, Florida.

___________________________________

DON W. DAVIS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488- 9675 SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 7th day of June, 2001.

COPIES FURNISHED:

Eric S. Scott, Esquire

Agency for Health Care Administration

Post Office Box 14229

Tallahassee, Florida 32317-4229

Rodger H. Steinem, P.A.

366 Magnolia Street

Atlantic Beach, Florida 32233

Tanya Williams, Executive Director

Board of Medicine

Department of Health

4052 Bald Cypress Way

Tallahassee, Florida 32399-1701

Angela T. Hall, Agency Clerk

Department of Health

4052 Bald Cypress Way

Bin A02

Tallahassee, Florida 32399-1703

William W. Large, General Counsel

Department of Health

4052 Bald Cypress Way

Bin A02

Tallahassee, Florida 32399-1703

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any

exceptions to this recommended order must be filed with the

agency that will issue the final order in this case.