13-004266PL
Department Of Health, Board Of Medicine vs.
Cheryl Debbie Ackerman, M.D.
Status: Closed
Recommended Order on Thursday, May 15, 2014.
Recommended Order on Thursday, May 15, 2014.
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.
- Date
- Proceedings
- 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: 09/22/2014
- Proceedings: Letter to P. Megaro from R. Williams regarding enclosed requested documents 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: 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: 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 (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.
- 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: 04/21/2014
- 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: 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: 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: Letter to Judge Nelson from Cheryl Ackerman regarding a emergency request for continuance 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: 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: 03/10/2014
- 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: 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: 03/04/2014
- 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: 02/13/2014
- 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.
- Date: 02/03/2014
- Proceedings: CASE STATUS: Pre-Hearing Conference Held.
- 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: 01/29/2014
- 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: 01/15/2014
- Proceedings: Petitioner's Response to Respondent's Letter Requesting a Continuance filed.
- 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: 01/10/2014
- Proceedings: Petitoner's Response to Respondent's Second Motion for Continuance 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: 11/13/2013
- Proceedings: Notice of Hearing (hearing set for January 7 and 8, 2014; 9:30 a.m.; Tallahassee, FL).
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
-
Kristian Eiler Dunn, Esquire
Address of Record -
Patrick Michael Megaro, Esquire
Address of Record -
Douglas D. Sunshine, Esquire
Address of Record -
Jonathan R. Zachem, Esquire
Address of Record -
Cheryl Ackerman, M.D.
Address of Record -
Jonathan R. Zachem, Director
Address of Record -
Douglas Derek Sunshine, Esquire
Address of Record