13-004266PL Department Of Health, Board Of Medicine vs. Cheryl Debbie Ackerman, M.D.
 Status: Closed
Recommended Order on Thursday, May 15, 2014.


View Dockets  
Summary: Petitioner proved that Respondent had action taken against her New Jersey medical license, failed to report the action to Florida, and failed to update her profile.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DEPARTMENT OF HEALTH, BOARD OF

13MEDICINE,

14Petitioner,

15vs. Case No. 13 - 4266PL

21CHERYL DEBBIE ACKERMAN, M.D.,

25Respondent.

26_______________________________/

27RECOMMENDED ORDER

29Pursua nt to notice, an administrative hearing was conducted

38in this case in Tallahassee, Florida, on March 24 and April 21,

502014. Lisa Shearer Nelson, an administrative law judge assigned

59by the Division of Administrative Hearings , presided over the

68hearing.

69AP PEARANCES

71For Petitioner: Jonathan R. Zachem, Esquire

77Douglas D. Sunshine , Esquire

81Department of Health

844052 Bald Cypress Way, Bin C - 6 5

93Tallahassee, Florida 32399 - 3265

98For Respondent: Kristian E. Dunn, Esquire

104517 East College Avenue

108Tallahassee, Florida 32301

111STATEMENT OF THE ISSUE

115The issue to be determined is whether Respondent has

124violated section 458.331(1)(b), (kk), and (nn), Florida Statutes

132(2011), as alleged in the Administrative Complaint, and if so,

142what penalt y should be imposed?

148PRELIMINARY STATEMENT

150On January 14, 2013, Petitioner, Department of Health, filed

159an Administrative Complaint against Respondent, Cheryl Ackerman,

166M.D., alleging that she had violated section 458.331(1)(b), (kk),

175and (nn), Florida Sta tutes (2011). The factual allegations in

185the Administrative Complaint are that Dr. Ackerman had action

194taken against her medical license in New Jersey; that she failed

205to notify the Board of Medicine within 30 days of the action by

218the New Jersey Board; a nd that she failed to update her

230practitioner profile within 15 days of the action.

238Dr. Ackerman filed an election of rights form on April 19,

2492013, disputing the allegations in the Administrative Complaint

257and requesting a hearing pursuant to section 12 0.57(1), Florida

267Statutes. On November 4, 2013, the Department forwarded the case

277to the Division of Administrative Hearings for assignment of an

287administrative law judge.

290Pursuant to notice issued November 13, 2013, the hearing was

300scheduled for January 7 - 8, 2014. On December 3, 2013, counsel

312for Respondent filed an unopposed motion for continuance,

320indicating that Respondent had a scheduled court appearance in

329New Jersey on January 6, 2014, leaving insufficient time for

339travel arrangements to Florida . Based upon the unopposed motion,

349the case was continued and rescheduled for February 12 - 13, 2014.

361On December 13, 2014, counsel for Respondent filed a Notice

371of Withdrawal of Counsel, which complied with the requirements of

381Florida Administrative Code Rule 28 - 106.105(3). The Notice was

391treated as a motion to withdraw in accordance with the rule, and

403was granted by Order dated December 16, 2013.

411On January 9, 2014, Respondent filed a document that was

421captioned as an ÐUnopposed Motion for Continuance.Ñ Th e Motion

431represented that Dr. Ackerman was unable to travel due to Ðhealth

442issues with pain from car accident, bleeding,Ñ and civil court

453issues in New Jersey. The motion also specifically indicated

462that Respondent had contacted counsel for Petitioner and that he

472had no objection to the continuance. However, the Department

481responded in opposition to the Motion and stated that counsel had

492not been contacted before the Motion was filed. On January 13,

5032014, an Order was entered denying the Motion, without prejudice

513for Dr. Ackerman to file an amended motion that include d

524documentation with respect to the New Jersey litigation that

533prevent ed her appearance (such as a Notice of Hearing or

544subpoena), and/or documentation from a licensed physician other

552than Re spondent that demonstra t ed her inability to participate in

564the hearing.

566Between January 13, 2014, and January 22, 2014, Respondent

575filed seven requests for continuance in various forms. At least

585two of these requests did not indicate that they were serve d on

598opposing counsel, and two Notices of Ex Parte Communication were

608filed. The Notice issued January 16, 2014, stated in bold

618typeface that Ðno motions will be ruled on without a certificate

629of service indicating that a copy of the document filed with t he

642undersigned has been served on counsel for Petitioner.Ñ The

651admonition made little difference in RespondentÓs filing

658practices .

660On January 22, 2014, an Order was issued denying

669RespondentÓs m otion s for c ontinuance. The Order also permitted

680Respo ndent to appear by telephone and ordered a pre - hearing

692conference call to be conducted on Monday, February 3, 2014. The

703Order also reiterated the type of documentation needed to justify

713the continuance Respondent was seeking.

718Between January 23, 2014, and Jan uary 31, 2014, Respondent

728filed seven additional requests for hearing, some of which

737continued to lack any indication that Respondent had served

746opposing counsel with a copy of the document. On January 30,

7572014, the undersigned issued an Order directing R espondent to use

768a certificate of service in her motions and that no motion

779without a certificate of service would receive a ruling. The

789Order went so far as to provide an example of a certificate of

802service from the Florida Rules of Judicial Administrati on. The

812admonition was to no avail.

817On February 3, 2014, a p re - h earing c onference was conducted.

831On that same day, Martin McDonnell entered a limited appearance

841for the purpose of re presenting Dr. Ackerman at the pre - hearing

854c onference. Dr. Ackerman wa s also present on the conference

865call. During the conference, Respondent was advised that filing

874successive motions or correspondence on a nearly daily basis was

884not helpful, in that opposing counsel had to be given an

895opportunity to respond to her reques ts. After consideration of

905the arguments of counsel and the documentation finally provided,

914RespondentÓs motions for continuance were granted and the hearing

923previously scheduled for February 12 - 13, 2014, was canceled . T he

936parties were directed to file a Joint Status Report no later than

948February 12, 2014, regarding dates of availability to reschedule

957the hearing. Respondent was advised that no further continuances

966would be entertained, absent an extreme emergency. On

974February 13, 2014, the hearing was rescheduled for March 24,

9842014.

985RespondentÓs requests for an additional continuance began

992again on February 27, 2014, and an Order Denying Continuance of

1003Final Hearing was issued March 5, 2014. 1/ Despite t he admonition

1015given during the pre - hearing c onfer ence, Respondent continued to

1027file requests on an almost daily basis, and sometimes twice a

1038day. Between March 6, 2014 and March 17, 2014, an additional

1049eight motions/letters were filed. Many continued to lack any

1058indication that Respondent had served op posing counsel. On

1067March 11, Mr. McDonnell filed a Notice of Withdra wal and/or

1078Clarification, reitera ting that he had filed a limited appearance

1088for the sole purpose of repr esenting Respondent during the pre -

1100hearing c onference and for no other purpose , an d was no longer

1113representing her .

1116On March 17 and 19, 2014, Orders Denying Continuance were

1126filed in response to RespondentÓs continued requests. On Friday,

1135March 21, 2014, attorney Kristian Dunn filed a Notice of

1145Appearance on behalf of Respondent, along with an Emergency

1154Motion for Continuance. Attached to his emergency motion was a

1164letter from a physician stating that Respondent had been seen in

1175the Hackensack University Medical Center Emergency Trauma

1182Department on March 19, 2014, and requesting that she be

1192ÐexcusedÑ from the ÐmeetingÑ on March 24, 2014; and a note on a

1205prescription form that she was scheduled for cardiac evaluation

1214on the morning of the hearing. The Department objected to any

1225further continuance.

1227The hearing began on March 24, 2014, as scheduled. The

1237Department presented the testimony of two witnesses , in order to

1247preserve their testimony; however , in an abundance of caution,

1256the remainder of the hearing was continued until April 15, 2014,

1267in order to allow RespondentÓs partici pation. RespondentÓs

1275counsel , who was in attendance, was advised, and an Order

1285memorializing the ruling was issued, that no further continuance

1294would be granted absent the provision of a sworn affidavit by

1305RespondentÓs treating physician, identifying the patientÓs

1311diagnosis, treatment plan, and a date by which Respondent would

1321be able to participate in the hearing by telephone.

1330The hearing reconvened on April 15, 2014, and Respondent

1339appeared by telephone. During the two days of hearing,

1348Petitioner prese nted the testimony of Joanne Trexler and Miley

1358Williams, and PetitionerÓs Exhibits 1, 2, and 4 were admitted

1368into evidence. Respondent testified on h er own behalf, and

1378RespondentÓs Exhibit 1 was also admitted. Transcripts for each

1387day of the hearing were ordered: the volume for March 24, 2014

1399was filed March 31, 2014, and the volume for April 15, 2014 was

1412filed April 30, 2014. On April 28, 2014, Dr. Ackerman filed a

1424document that appeared to be a proposed recommended order.

1433However, her counsel filed a Notice the following day asking that

1444the document be withdrawn. Because Respondent is represented by

1453counsel, the document she filed has not been considered. Both

1463counsel filed Proposed Recommended Orders on May 9, 2014, and

1473those submissions have been carefully considered in the

1481preparation of this Recommended Order.

1486FINDING S OF FACT

14901. Respondent is a medical doctor licensed in the State of

1501Florida, having been issued license number ME 89113.

15092. Petitioner is the state agency charged with the

1518licens ing and regulation of the practice of medicine pursuant to

1529section 20.43 and chapters 456 and 458, Florida Statutes.

15383. Respondent is also licensed as a medical doctor in the

1549State of New Jersey.

15534. The Department of Law and Public Safety, Division of

1563Consumer Affairs, New Jersey Board of Medical Examiners (New

1572Jersey Board) is the licensing authority regulating the practice

1581of medicine in the State of New Jersey.

15895 . On or about February 21, 2012, the New Jersey Board

1601entered an Order of Automatic Susp ension of RespondentÓs New

1611Jersey medical license. The basis for the Order was RespondentÓs

1621purported failure to comply with a Private Letter Agreement

1630previously entered between Respondent and the New Jersey Board ,

1639in that she allegedly failed to undergo an independent

1648psychiatric evaluation and failed to provide required psychiatric

1656reports to the stateÓs Physician Assistance Program (PAP). 2/

16656 . The action by the New Jersey Board constitutes action

1676against RespondentÓs medical license by the licensing a uthority

1685of another jurisdiction.

16887 . Respondent did not report the action against her New

1699Jersey license to the Florida Board of Medicine on or before

1710March 23, 2012, or within 30 days of the action against her

1722license.

17238 . When documents are received by the Department, they are

1734imaged into the DepartmentÓs system. Mail for the licensing unit

1744is picked up several times a day, and all documents are indexed

1756by the licenseeÓs license number. A licensee can check to see if

1768documents are received by contactin g the Department by telephone

1778or e - mail.

17829. As of the week before the hearing, no information

1792regarding Dr. Ackerman had been received by the Department from

1802Dr. Ackerman .

180510 . Respondent claims that she notified the Board by both

1816United States Mail and by certified mail of the action against

1827her New Jersey license. A copy of the letter she claims to have

1840sent is RespondentÓs Exhibit 1. This letter is dated March 2,

18512012, is not signed, does not contain her license number in

1862Florida or New Jersey, and is addressed to ÐFlorida License

1872Board . Ñ The document does not include an address beyond

1883Tallahassee, Florida. No zip code is included. Dr. Ackerman

1892could not say whether she had a receipt for the certified mail,

1904only that she probably Ðhad it somewhere .Ñ She could not

1915identi f y who, if anyone, signed for it . W hen asked for the

1930address where she mailed the letter, Dr. Ackerman said , after a

1941considerable pause, 452 Bald Cypress Way , and claimed she knew

1951that address Ðoff the top of her head . Ñ 3/ The copy admitted into

1966evidence only reflects a faxed date of March 22, 2014, two days

1978before the hearing. 4 /

198311 . By contrast, Board staff testified credibly as to the

1994process for logging mail at the Department, and that no

2004notification had been received from Dr . Ackerman. While staff

2014acknowledged that it is ÐpossibleÑ for mail to come to the

2025Department and not be routed appropriately , the more persuasive

2034evidence in this case is that the Board staff received nothing

2045from Dr. Ackerman. RespondentÓs claim that b oth copies of her

2056letter somehow slipped thr ough the c racks is simply not

2067believable.

20681 2 . Moreover, Dr. Ackerman is a physician. As such, she is

2081presumed to be a relatively intelligent person, capable of

2090providing appropriate notification to the Board. The docket and

2099evidentiary record in this case demonstrate that when she wants

2109to get a message across, she is capable of doing so (and equally

2122capable of avoiding answering a direct question if it is not to

2134her advantage). Her claim that she notified the Board of the

2145action against her license in New Jersey is not credible , and is

2157rejected .

21591 3 . Dr. Ackerman also did not update her practitioner

2170profile. Practitioner profiles can be updated by faxing the

2179updated information, using the fax number available on - line; by

2190mailing the information to the Department; or by logging into the

2201practitioner profile database using the licenseeÓs specific log -

2210in ID and password. Dr. Ackerman did none of those.

2220CONCLUSIONS OF LAW

22231 4 . The Division of Administrative Heari ngs has

2233jurisdiction over the parties and the subject matter of this

2243proceeding pursuant to sections 120.569 and 120.57(1), Florida

2251Statutes (2013).

22531 5 . This is a proceeding in which Petitioner seeks to

2265suspend RespondentÓs license to practice medicine . Because

2273disciplinary proceedings are considered to be penal in nature,

2282Petitioner is required to prove the allegations in the

2291Administrative Complaint by clear and convincing evidence. DepÓt

2299of Banking & Fin. v. Osborne Stern & Co. , 670 So. 2d 932 (Fla.

23131 996); Ferris v. Turlington , 510 So. 2d 29 2 (Fla. 1987).

23251 6 . Clear and convincing evidence Ðrequires more proof than

2336a Òpreponderance of the evidenceÓ but less than Òbeyond and to

2347the exclusion of a reasonable doubt.ÓÑ In re Graziano , 696 So.

23582d 744, 753 (Fla. 1997). As stated by the Florida Supreme Court,

2370the standard:

2372entails both a qualitative and quantitative

2378standard. The evidence must be credible;

2384the memories of the witnesses must be clear

2392and without confusion; and the sum total of

2400the evidence m ust be of sufficient weight to

2409convince the trier of fact without

2415hesitancy.

2416Clear and convincing evidence

2420requires that the evidence must be

2426found to be credible; the facts to

2433which the witnesses testify must

2438be distinctly remembered; the

2442testimony must be precise and

2447lacking in confusion as to the

2453facts in issue. The evidence must

2459be of such a weight that it

2466produces in the mind of the trier

2473of fact a firm belief or

2479conviction, without hesitancy, as

2483to the truth of the allegations

2489sought to be establish ed.

2494In re Davey , 645 So. 2d 398, 404 (Fla. 1994)(quoting, with

2505approval, Slomowitz v. Walker , 429 So. 2d 797, 800 (Fla. 4 th DCA

25181983)); see also In re Henson , 913 So. 2d 579, 590 (Fla. 2005).

2531ÐAlthough this standard of proof may be met where the evidence is

2543in conflict, it seems to preclude evidence that is ambiguous.Ñ

2553Westinghouse Elec. Corp. v. Shuler Bros. , 590 So. 2d 986, 989

2564(Fla. 1991).

25661 7 . The Administrative Complaint contains three counts

2575against Dr. Ackerman, charging her with violations of sec tion

2585458.331(1)(b ), (kk), and (nn) . Section 458.331 provides, in

2595pertinent part:

2597(1) The following acts constitute grounds

2603for denial of a license or disciplinary

2610action, as specified in s. 456.072(2):

2616* * *

2619(b) Having a license or the authority to

2627pr actice medicine revoked, suspended, or

2633otherwise acted against, includ ing the

2639denial of licensure, by the licensing

2645authority of any jurisdiction, including its

2651agencies or subdivisions . The licensing

2657authorityÓs acceptance of a physicianÓs

2662relinquishment of a license, stipulation,

2667consent order, or other settlement, offered

2673in response to or in anticipation of the

2681filing of administrative charges against the

2687physicianÓs license, shall be construed as

2693action against the physicianÓs license.

2698* * *

2701(kk) Failing to report to the board, in

2709writing, within 30 days if action as defined

2717in paragraph (b) has been taken against

2724oneÓs license to practice medicine in

2730another state, territory, or country.

2735* * *

2738(nn) Violating any provision of this

2744chapter or c hapter 456, or any rules adopted

2753pursuant thereto.

27551 8 . Section 456.042 is referenced as the provision in

2766chapter 456 Respondent violated for the purposes of C ount III

2777(which alleges a violation of section 458.331(1)(nn)) , and

2785provides:

2786456.042 Practitio ner profiles; update. Ï A

2793practitioner must submit updates of required

2799information within 15 days after the final

2806activity that renders such information a

2812fact . The Department of Health shall update

2820each practitionerÓs practitioner profile

2824periodically . An updated profile is subject

2831to the same requirements as an original

2838profile.

28391 9 . Count I of the Administrative Complaint charges

2849Respondent with violating section 458.331(1)(b), by having action

2857taken against her license in New Jersey by the licensing a uthority

2869of that st ate. Petitioner proved the violation alleged in Count I

2881by clear and convincing evidence.

288620 . Count II of the Administrative Complaint charges

2895Respondent with violating section 458.331(1)(kk), by failing to

2903timely report to the Florid a Board of Medicine, in writing, within

291530 days, that the New Jersey Board took action against her medical

2927license. Petitioner proved the violation alleged in Count II by

2937clear and convincing evidence.

294121 . Count III of the Administrative Complaint charg es

2951Respondent with violating section 458 .331(1)(nn), by failing to

2960timely update her practitioner profile within 15 days of the New

2971Jersey Board action , in violation of section 456.042 . The

2981Department proved the violation alleged in Count III by clear and

2992convincing evidence.

29942 2 . The Board has adopted disciplinary guidelines which

3004provide notice of a range of appropriate penalties for

3013disciplinary violations. Florida Administrative Code Rule 64B8 -

30218.001(2)(b) provides that, for action taken against a lic ense in

3032another jurisdiction, the penalty for a first offense ranges from

3042imposition of discipline comparable to the discipline which would

3051have been imposed if the substantive violation had occurred in

3061Florida , to susp ension or denial of the license until the license

3073is unencumbered in the jurisdiction in which disciplinary action

3082was originally taken, and a fine of $1,000 to $5,000.

30942 3 . The Florida provision most closely resembling the action

3105taken by New Jersey is section 456.072(1)(hh), which makes it a

3116violation to be terminated from a treatment program for impaired

3126practitioners, for failure to comply with the terms of the

3136monitoring or treatment contract. Rule 64B8 - 8.001(2)(ww) provides

3145that for a first offense , an appropriate penalty is a suspensi on

3157until the licensee demonstrates compliance with all of the terms

3167of the monitoring or treatment contract, and is able to

3177demonstrate the ability to practice medicine with reasonable skill

3186and safety , to be followed by a term of probation and imposition

3198of a fine from $1,000 to $2,500. An alternative comparable

3210violation would be a violation of section 458.331(1)(s)(inability

3218to practice medicine with reasonable skill and safety as a result

3229of a physical or mental condition). The guideline penalty

3238ident ified in rule 64B8 - 8.001(2)(s) for a first violation of this

3251subs ection is from probation and 50 to 100 hours of community

3263service to suspension until the licensee can demonstrate the

3272ability to practice with reasonable skill and safety, followed by

3282probat ion and an administrative fine from $1,000 to $5,000.

32942 4 . For a violation of section 458.331(1)(kk)(failure to

3304report action by another jurisdiction), the guideline penalty for

3313a first offense is an administrative fine of $1,000 to $5,000 , a

3327reprimand, a nd 50 to 100 hours of community service , to denial or

3340revocation of the license and payment of $5,000.

33492 5 . For failing to update practitioner profile information,

3359as alleged in Count III, the recommended penalty for a first

3370offense if the licensee compli es within six months (which

3380Respondent has not), is an administrative fine of up to $2,000.

3392If the licensee complies after six months, the recommended penalty

3402is an administrative fine of up to $5,000 and a reprimand.

341426. Respondent does not live in Flo rida, and at this time,

3426is unable to practice medicine in her home state of New Jersey.

3438Under these circumstances, requiring community service would not

3446be appropriate. Given RespondentÓs behavior during the pendency

3454of these proceedings, the undersigned shares the concern voiced by

3464th e New Jersey Board regarding RespondentÓs present ability to

3474practice with reasonable skill and safety. A penalty that

3483requires a demonstration of the ability to practice safely is

3493necessary to protect the public.

349827. Whe n the Board considers the penalty recommended below,

3508it is suggested that the Board consider allowing Dr. Ackerman to

3519present evidence of compliance with the New Jersey P A P to be

3532recognized with respect to any petition for reinstatement, in lieu

3542of requiri ng a separate evaluation by FloridaÓs PRN program,

3552unless Dr. Ackerman intends to practice in Florida. Given that

3562Dr. Ackerman lives in New Jersey and practiced in that state,

3573requiring a separate contract with PRN may be burdensome.

3582R ECOMMENDATION

3584Based on the foregoing Findings of Fact and Conclusions of

3594Law, it is RECOMMENDED that the Florida Board of Medicine enter a

3606Final Order finding that Respondent has violated section

3614458.331(1)(b), (kk), and (nn). In addition, it is recommended

3623that the Boa rd im pose the following penalty:

36321. a reprimand of RespondentÓs license to practice

3640medicine ;

36412. a n administrative fine of $5,000 ;

36493. s uspension of RespondentÓs license to practice medicine

3658until such time as Respondent demonstrates that her license in

3668New J ersey has been reinstated and demonstrates the ability to

3679practice medicine with reasonable skill and safety ; and

36874. reservation of jurisdiction by the Board to impose a

3697period of probation should Respondent successfully petition the

3705Board for reinstatem ent and demonstrate compliance with the terms

3715described in recommendation three.

3719D ONE AND ENTERED this 15 th day of May , 2014 , in Tallahassee,

3732Leon County, Florida.

3735S

3736LISA SHEARER NELSON

3739Administrative Law Judge

3742Division of Administrative Hearings

3746The DeSoto Building

37491230 Apalachee Parkway

3752Tallahassee, Florida 32399 - 3060

3757(850) 488 - 9675

3761Fax Filing (850) 921 - 6847

3767www.doah.state.fl.us

3768Filed with the Clerk of the

3774Division of Administrative Hearings

3778this 15 th day of May , 2014 .

3786ENDNOTE S

37881/ RespondentÓs many reasons for seeking continuance s included

3797her appearance before traffic court in New Jersey, snow Ðevery

3807other day , Ñ vaguely referenced injuries from a traffic accident,

3817elderly parents needing care, an assault (which sh e stated was by

3829an attorney), the need for a Florida attorney, and chest pains.

3840Little if any documentation was provided to support these claims.

38502/ The contents of the Order are hearsay and cannot, standing

3861alone, be used to establish the underlying b asis for New JerseyÓs

3873actions. § 120.57(1)(c), Fla. Stat. However, its purpose for

3882admission in this case is not to establish the truth of the basis

3895for New JerseyÓs actions, but simply to establish that the New

3906Jersey Board of Medical Examiners took act ion.

39143/ The actual address of the Board is 4052 Bald Cypress Way, Bin

3927C - 03, Tallahassee, Florida 32399 - 3253. The address is readily

3939available on the BoardÓs website and as a licensee, should have

3950been readily available to Respondent.

39554 / Respondent als o refused to acknowledge that her license was

3967suspended by New Jersey, despite the claim that she notified the

3978Board of the suspension. When asked directly whether her license

3988is currently suspended in the S tate of New Jersey, she would only

4001indicate that there is a motion pending to reinstate it. When

4012told she needed to answer the question regarding the current

4022status of her license, as opposed to what she was seeking, she

4034simply stated, ÐIÓm not sure of the status right now. Like I

4046said, thereÓs a lot of paperwork going on with this Board of

4058Medical Examiners.Ñ

4060COPIES FURNISHED:

4062Jonathan R. Zachem, Esquire

4066Department of Health

4069Prosecution Services Unit

4072Bin C65

40744052 Bald Cypress Way

4078Tallahassee, Florida 32399

4081Kristian Eiler Dunn, Esquire

4085Dickens and Dunn, P.L.

4089517 East College Avenue

4093Tallahassee, Florida 32301

4096Allison M. Dudley, Executive Director

4101Board of Medicine

4104Department of Health

41074052 Bald Cypress Way , Bin C 03

4114Tallahassee, Florida 32399

4117Jennifer A. Tschetter, General Counsel

4122Department of Health

41254052 Bald Cypress Way, Bin A02

4131Tallahassee, Florida 32399 - 1701

4136NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

4142All parties have the right to submit written exceptions within

415215 days from the date of this Recommended Order. Any exceptions

4163to this Recommended Order should be filed with the agency that

4174will issue the Final Order in this case.

Select the PDF icon to view the document.
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Date
Proceedings
PDF:
Date: 11/14/2016
Proceedings: Letter to Judge Nelson from Cheryl Ackerman filed.
PDF:
Date: 11/09/2016
Proceedings: Order Regarding Jurisdiction.
PDF:
Date: 11/03/2016
Proceedings: Letter from Cheryl Ackerman Disputing Ruling filed.
PDF:
Date: 07/08/2016
Proceedings: Letter to Judge Cohen from Cheryl Ackerman, M.D. requesting to have court costs waived/ Florida Board reinstate Florida Medical License filed.
PDF:
Date: 02/26/2016
Proceedings: Letter from Cheryl Ackerman requesting to amend order filed.
PDF:
Date: 10/06/2014
Proceedings: Directions to Clerk filed.
PDF:
Date: 09/22/2014
Proceedings: Letter to P. Megaro from R. Williams regarding enclosed requested documents filed.
PDF:
Date: 09/15/2014
Proceedings: Letter to DOAH from Patrick Megaro requesting copies filed.
PDF:
Date: 09/03/2014
Proceedings: Motion for Stay of Execution of Final Order Pursuant to Rule 9.310(f) and 9.190(e)(2) filed.
PDF:
Date: 09/03/2014
Proceedings: Motion to Permit Filing of Notice od Appeal as an Amended Notice of Appeal under Existing Docket filed.
PDF:
Date: 09/03/2014
Proceedings: Notice of Appearance (Patrick Megaro).
PDF:
Date: 08/22/2014
Proceedings: Notice of Appeal filed.
PDF:
Date: 08/11/2014
Proceedings: Agency Final Order filed.
PDF:
Date: 08/07/2014
Proceedings: Agency Final Order
PDF:
Date: 08/07/2014
Proceedings: Letter to DOAH from Cherly Ackerman regarding emergency motion for a stay for previous recommended order filed.
PDF:
Date: 07/21/2014
Proceedings: Letter to DOAH from Cheryl Ackerman requesting the administrative complaint be dismissed.
PDF:
Date: 07/07/2014
Proceedings: Motion to present new information filed.
PDF:
Date: 07/07/2014
Proceedings: Motion to Vacate dismissal of legal malpractice lawsuit filed.
PDF:
Date: 06/23/2014
Proceedings: Letter to Douglas Sunshine from Cheryl Debbie Ackerman requesting another DOAH hearing filed.
PDF:
Date: 06/16/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman regarding new information to present to the Division on her administrative hearing filed.
PDF:
Date: 06/13/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting another hearing filed.
PDF:
Date: 06/09/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting an administrative hearing filed.
PDF:
Date: 06/06/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting another hearing filed.
PDF:
Date: 06/04/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting another hearing filed.
PDF:
Date: 06/03/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting another hearing filed.
PDF:
Date: 06/03/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting another hearing filed.
PDF:
Date: 06/02/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting another hearing filed.
PDF:
Date: 05/30/2014
Proceedings: Letter to Judge Nelson from Cheryl Acherman requesting from another hearing filed.
PDF:
Date: 05/30/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman regarding a motion filed.
PDF:
Date: 05/29/2014
Proceedings: Letter to Judge Nelson and John Zachem from Cheryl Ackerman asking for another hearing, as Respondent has not information to be presented filed.
PDF:
Date: 05/27/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman regarding a telephone call and requesting another hearing iled.
Date: 05/21/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman regarding medical license filed (not available for viewing).
PDF:
Date: 05/15/2014
Proceedings: Recommended Order
PDF:
Date: 05/15/2014
Proceedings: Recommended Order (hearing held March 24 and April 21, 2014). CASE CLOSED.
PDF:
Date: 05/15/2014
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 05/09/2014
Proceedings: Petitioner's Proposed Recommended Order filed.
PDF:
Date: 05/09/2014
Proceedings: Respondent's Proposed Recommended Order filed.
Date: 04/30/2014
Proceedings: Transcript of Proceedings (not available for viewing) filed.
PDF:
Date: 04/29/2014
Proceedings: Respondent's Counsel's Notice to Withdraw Dr. Ackerman's Proposed Recommended Order, Filed on April 28, 2014 filed.
PDF:
Date: 04/28/2014
Proceedings: Cheryl Debbie Ackerman, M.D.'s Proposed Recommended Order filed.
PDF:
Date: 04/21/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting the administrative complaint be dismissed filed.
PDF:
Date: 04/16/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting MD license in Florida remain active filed.
Date: 04/15/2014
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 04/10/2014
Proceedings: Letter to Judge Nelson from Cherly Ackerman regarding the hearing held on March 24, 2014 filed.
Date: 03/31/2014
Proceedings: Transcript of Proceedings (not available for viewing) filed.
PDF:
Date: 03/24/2014
Proceedings: Order Continuing Final Hearing (hearing set for April 15, 2014; 9:30 a.m.; Tallahassee, FL).
Date: 03/24/2014
Proceedings: CASE STATUS: Hearing Partially Held; continued to April 15, 2014; Tallahassee, FL.
Date: 03/24/2014
Proceedings: Respondent's request for emergency continuance based upon medical reasons (Medical Records filed; not available for viewing).
Date: 03/24/2014
Proceedings: Respondent's request for an emergency continuance (Medical Records filed; not available for viewing).
PDF:
Date: 03/21/2014
Proceedings: Petitioner's Response to Respondent's Emergency Motion for Continuance filed.
PDF:
Date: 03/21/2014
Proceedings: Respondent's Emergency Motion for Continuance filed.
PDF:
Date: 03/21/2014
Proceedings: Notice of Appearance (Kristian Dunn) filed.
PDF:
Date: 03/21/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting a continuance for health reasons filed.
PDF:
Date: 03/20/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting a continuance for 45-60 days filed.
PDF:
Date: 03/20/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman regarding objecting to the attorney's letter filed.
PDF:
Date: 03/19/2014
Proceedings: Order Denying Continuance of Final Hearing.
PDF:
Date: 03/19/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman regarding responding to the motion filed yesterday by John Zachem filed.
PDF:
Date: 03/18/2014
Proceedings: Petitioner's Response to Respondent's Request for a Continuance filed.
PDF:
Date: 03/18/2014
Proceedings: Notice of Ex-parte Communication.
PDF:
Date: 03/18/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman regarding a emergency request for continuance filed.
PDF:
Date: 03/17/2014
Proceedings: Order Denying Continuance of Final Hearing.
PDF:
Date: 03/17/2014
Proceedings: (Petitioner's Proposed) Exhibit List filed.
PDF:
Date: 03/17/2014
Proceedings: (Petitioner's) Notice of Filing Witness List filed.
PDF:
Date: 03/17/2014
Proceedings: Emergency Motion filed.
PDF:
Date: 03/13/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman regarding to grant a continuance filed.
PDF:
Date: 03/12/2014
Proceedings: (Petitioner's) Notice of Filing (Proposed) Trial Exhibits filed.
PDF:
Date: 03/12/2014
Proceedings: Notice of Serving Copies of Petitioner's (Proposed) Exhibits to Respondent filed.
PDF:
Date: 03/12/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman regarding a emergency motion filed.
PDF:
Date: 03/11/2014
Proceedings: Notice of Withdrawal and/or Clarification filed.
PDF:
Date: 03/10/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman regarding granting the continuance filed.
PDF:
Date: 03/10/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman additional request for continuance filed.
PDF:
Date: 03/10/2014
Proceedings: Emergency motion asking for continuance filed.
PDF:
Date: 03/10/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman regarding continuance filed.
PDF:
Date: 03/06/2014
Proceedings: Petition to Vacate Sanction Final Order dated March 22, 2012 filed. (Filed in error.)
PDF:
Date: 03/06/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting for a continuance filed.
PDF:
Date: 03/05/2014
Proceedings: Order Denying Continuance of Final Hearing.
PDF:
Date: 03/04/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting a continuance filed.
PDF:
Date: 03/04/2014
Proceedings: Petitioner's Response to Respondent's Letter Requesting a Third Continuance filed.
PDF:
Date: 03/03/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting for a continuance filed.
PDF:
Date: 02/27/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackemen requesting the hearing be cancel and asking for an continuance filed.
PDF:
Date: 02/25/2014
Proceedings: Notice of Appearance of Co-Counsel (Douglas Sunshine) filed.
PDF:
Date: 02/13/2014
Proceedings: Amended Order of Pre-hearing Instructions.
PDF:
Date: 02/13/2014
Proceedings: Order Re-scheduling Hearing (hearing set for March 24, 2014; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 02/12/2014
Proceedings: Petitioner's Unilateral Status Report of Proposed Hearing Dates filed.
PDF:
Date: 02/12/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting the hearing be in April filed.
PDF:
Date: 02/04/2014
Proceedings: Order Granting Continuance (parties to advise status by February 12, 2014).
PDF:
Date: 02/04/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman regarding to grant the motion for continuance filed.
PDF:
Date: 02/03/2014
Proceedings: Petitioner's Response to Respondent's Request for a Continuance filed.
PDF:
Date: 02/03/2014
Proceedings: Letter to Judge Nelson from C. Ackerman requesting for a continuance filed.
PDF:
Date: 02/03/2014
Proceedings: Notice of Unavailability for February 11 and 12, 2014 filed.
Date: 02/03/2014
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 02/03/2014
Proceedings: Notice of Limited Appearance (Martin McDonnell) filed.
PDF:
Date: 02/03/2014
Proceedings: Notice of Appearance (Martin McDonnell) filed.
PDF:
Date: 01/31/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting a continuance filed.
PDF:
Date: 01/31/2014
Proceedings: Letter to Judge Nelson from Cheryk Ackerman requesting for a continuance for 45-60 days filed.
PDF:
Date: 01/30/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting for a continuance for emergencies filed.
PDF:
Date: 01/30/2014
Proceedings: Order (regarding certificate of service for filed documents).
PDF:
Date: 01/29/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting for a 45 day continuance filed.
PDF:
Date: 01/28/2014
Proceedings: Letter to DOAH from Chrtyl Ackeman regarding motion for continuance filed.
PDF:
Date: 01/27/2014
Proceedings: Letter To Whom It May Concern from Peter D. Russo regarding representation for Dr. Cheryl Ackerman filed.
Date: 01/27/2014
Proceedings: Motion for Continuance (Medical Records filed; not available for viewing).
PDF:
Date: 01/23/2014
Proceedings: Letter to Judge Nelson from Cherly Ackerman requesting an emergency motion filed.
PDF:
Date: 01/22/2014
Proceedings: Order Denying Continuance, Allowing Appearance and Participation by Telephone, and Scheduling Pre-hearing Conference.
PDF:
Date: 01/22/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting for an emergency motion for a continuance filed.
PDF:
Date: 01/21/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman regarding answering comments that the prosecuter wrote filed.
PDF:
Date: 01/21/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackermkan requesting an emergency motion for a continuance filed.
PDF:
Date: 01/21/2014
Proceedings: Emergency Motion (for continuance) filed.
PDF:
Date: 01/16/2014
Proceedings: Notice of Ex-parte Communication.
PDF:
Date: 01/16/2014
Proceedings: Motion for Continuance filed.
PDF:
Date: 01/15/2014
Proceedings: Petitioner's Response to Respondent's Letter Requesting a Continuance filed.
PDF:
Date: 01/14/2014
Proceedings: Notice of Ex-parte Communication.
PDF:
Date: 01/14/2014
Proceedings: Letter to Judge Nelson from Cheryl Acherman regarding the motion for continuance filed.
PDF:
Date: 01/13/2014
Proceedings: Letter to Judge Nelson from Cheryl Ackerman requesting for a continuance filed.
PDF:
Date: 01/13/2014
Proceedings: Order Denying Continuance of Final Hearing.
PDF:
Date: 01/10/2014
Proceedings: Petitoner's Response to Respondent's Second Motion for Continuance filed.
PDF:
Date: 01/09/2014
Proceedings: Unopposed Motion for Continuance filed.
PDF:
Date: 12/16/2013
Proceedings: Order Granting Motion to Withdraw.
PDF:
Date: 12/13/2013
Proceedings: Notice of Withdrawal of Counsel filed.
PDF:
Date: 12/13/2013
Proceedings: Notice of Filing Respondent's Responses to Petitioner's First Set of Interrogatories and Request for Production of Documents filed.
PDF:
Date: 12/05/2013
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for February 12 and 13, 2014; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 12/05/2013
Proceedings: Notice of Filing Amended Respondent's Amended Response to Petitioner's Request for Admissions filed.
PDF:
Date: 12/04/2013
Proceedings: Notice of Filing Respondent's Response to Petitioner's Request for Admissions filed.
PDF:
Date: 12/04/2013
Proceedings: Respondent's Response to Request for Admission filed.
PDF:
Date: 12/03/2013
Proceedings: Unopposed Motion for Continuance filed.
PDF:
Date: 11/13/2013
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 11/13/2013
Proceedings: Notice of Hearing (hearing set for January 7 and 8, 2014; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 11/12/2013
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 11/05/2013
Proceedings: Notice of Serving Petitioner's First Request for Production, First Request for Interrogatories and First Request for Admissions to Respondent filed.
PDF:
Date: 11/04/2013
Proceedings: Initial Order.
PDF:
Date: 11/04/2013
Proceedings: Election of Rights filed.
PDF:
Date: 11/04/2013
Proceedings: Agency referral filed.
PDF:
Date: 11/04/2013
Proceedings: Notice of Appearance (filed by Jonathan Zachem).
PDF:
Date: 11/04/2013
Proceedings: Administrative Complaint filed.

Case Information

Judge:
LISA SHEARER NELSON
Date Filed:
11/04/2013
Date Assignment:
11/04/2013
Last Docket Entry:
11/14/2016
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels

Related Florida Statute(s) (7):