14-001283PL Department Of Health, Board Of Medicine vs. Roberto E. Rivera, M.D.
 Status: Closed
Recommended Order on Tuesday, July 1, 2014.


View Dockets  
Summary: Petitioner proved by clear and convincing evidence that New Jersey took action against Respondent's New Jersey medical license, and Respondent did not report the New Jersey action to the Florida Board of Medicine.

1Final Order No. -MQA J

6STATE OF FLORIDA FILED DATEDEC 1 8 Z014

14BOARD OF MEDICINE

17DEPARTMENT OF HEALTH,

20Petitioner,

21vs.

22DOH CASE NO.: 2013-02931

26DOAH CASE NO.: 14-1283PL

30LICENSE NO.: ME0054513

33ROBERTO E. RIVERA, M.D.,

37Respondent.

38_________________________ !

40FINAL ORDER

42THIS CAUSE came before the BOARD OF MEDICINE (Board)

51pursuant to Sections 120.569 and 120.57(1), Florida Statutes, on

60December 5, 2014, in St. Petersburg, Florida, for the purpose of

71considering the Administrative Law Judge's Recommended Order,

78Exceptions to the Recommended Order and to Exceptions

86to the Recommended Order (copies of which are attached hereto as

97Exhibits A, B, and c, respectively) in the above-styled cause.

107Petitioner was represented by Daniel Hernandez, Assistant

114General Counsel. Respondent was not present and was not

123represented by counsel.

126Upon review of the Recommended Order, the argument ,. of ,...,., the

139C) c::>

141parties, and after a review of the complete record :; 0

152(f) f""i

155the Board makes the following findings and

162RULING ON EXCEPTIONS

165The Board reviewed and considered the Respondent's

172Exceptions to the Recommended Order and ruled as follows:

1811. Respondent's exception 1 is denied based upon the oral

191and written responses of the Petitioner and because the Board

201does not have substantive jurisdiction over constitutional

208challenges.

2092. Respondent's exception 2 is denied based upon the oral

219and written responses of the Petitioner.

225FINDINGS OF FACT

2281. The findings of fact set forth in the Recommended Order

239are approved and adopted and incorporated herein by reference.

2482. There is competent substantial evidence to support the

257findings of fact.

260CONCLUSIONS OF LAW

2631. The Board has jurisdiction of this matter pursuant to

273Section 120.57(1), Florida Statutes, and Chapter 458, Florida

281Statutes.

2822. The conclusions of law set forth in the Recommended

292Order are approved and adopted and incorporated herein by

301reference.

302RULING ON EXCEPTION TO PENALTY

307The Board considered the Respondent's exception to the

315penalty and the Petitioner's response and denies the exception

324and rules as follows: Respondent's exception is rejected for

333the reasons set forth by the Petitioner and the Board determined

344that the recommended penalty set forth by the administrative law

354judge is appropriate. However, based upon the fact that

363Respondent's license in Florida will remain suspended until his

372license in New Jersey is unencumbered, the Board determined that

382reservation of jurisdiction is appropriate because Respondent

389may require a period of supervision upon reinstatement of his

399license to practice medicine.

403PENALTY

404Upon a complete review of the record in this case, the

415Board determines that the penalty recommended by the

423Administrative Law Judge be ACCEPTED. WHEREFORE, IT IS HEREBY

432ORDERED AND ADJUDGED:

4351. Respondent shall pay an administrative fine in the

444amount of $1,500.00 to the Board within 90 days from the date of

458reinstatement of his license to practice medicine in the State

468of Florida. Said fine shall be paid by money order or cashier's

480check.

4812. The Respondent's license to practice medicine in the

490State of Florida is SUSPENDED until such time as he demonstrates

501that his license to practice medicine in the State of New Jersey

513is unencumbered and free from any restrictions or conditions.

522Additionally, the Board reserves jurisdiction in this matter to

531impose additional terms and conditions of practice at the time

541Respondent's license to practice medicine in the State of

550Florida is reinstated.

553RULING ON MOTION TO ASSESS COSTS

559The Board reviewed the Petitioner's Motion to Assess Costs

568and imposes the costs associated with this case in the amount of

580$5,260.45. Said costs are to be paid within 90 days from the

593date Respondent's license to practice medicine in the State of

603Florida is reinstated.

606(NOTE: SEE RULE 64B8-8.0011, FLORIDA ADMINISTRATIVE CODE. UNLESS

614OTHERWISE SPECIFIED BY FINAL ORDER, THE RULE SETS FORTH THE

624REQUIREMENTS FOR PERFORMANCE OF ALL PENALTIES CONTAINED IN THIS FINAL

634ORDER.)

635DONE AND ORDERED this ---'------

6402014.

641BOARD OF MEDICINE

644Chandra Prine, Interim Executive Director

649For Nabil El-Sanadi, M.D., Chair

654NOTICE OF RIGHT TO JUDICIAL REVIEW

660A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS

671ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA

680STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES

689OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY

697FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF

710THE DEPARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY

720FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF

730APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN

741THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF

751APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE

763ORDER TO BE REVIEWED.

767CERTIFICATE OF SERVICE

770I HEREBY CERTIFY that a true and correct copy of the

781foregoing Final Order has been provided by Certified Mail to

791ROBERTO E. RIVERA, M.D., 82 La Salle Drive, Yonkers, New York

80210710; and c/o Bergan County Jail, Inmate #E-12, 160 South

812Rivera Street, Hackensack, New Jersey 07601; to Lisa Shearer

821Nelson, Administrative Law Judge, Division of Administrative

828Hearings, The DeSoto Building, 1230 Apalachee Parkway,

835Tallahassee, Florida 32399-3060; and by interoffice delivery to

843Daniel Hernandez, Department of Health, 4052 Bald Cyprfss Way,

852Bin #C-65, Tallahassee, Florida 32399-3253 this 12Jt \\day of

861l:::tre rftil , 2014.

8647013 1090 0001 0261 7611

869Berrja.n 0ou.l\\. Jui { Deputy Agency Clerk

8767013 1090 0001 0261 762_8 __ __

883Mission: Rick Governor Scott

887To protect, promote & improve the health

894of all people in Florida through integrated John H. Armstrong, MD, FACS

906state, county & community efforts. State Surgeon General & Secretary

916HEAlTH

917Vision: To be the Healthiest State in the Nation

926MEMORANDUM

927Date: October 14, 2014

931To: Lucy C. Gee, M.S., Division Director

938Division of Medical Quality Assurance

943From: Allison M. Dudley, J.D. Bureau Chief

950Bureau of Health Care Practitioner Regulation

956Subject: Delegation of Authority

960Effective October 14, 2014, Chandra Prine, Program Operations Administrator will have delegated

972authority as the Acting Executive Director of the Board of Medicine until further notice.

986Florida Department of Health www.FiorldasHealth.com TWITTER:HealthyFLA

992Division of Medical Quality Assurance • Bureau of Health Care Practitioner Regulation FACEBOOK:FLDepartmentotHealth

10054052 Bald Cypress Way, Bin C-OO • Tallahassee, FL 32399-1700 YOUTUBE: fldoh

1017PHONE: 850/245/4444 • FAX 850/414-8209

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 12/19/2014
Proceedings: (Agency) Final Order filed.
PDF:
Date: 12/19/2014
Proceedings: Department's Response to Respondent's Exceptions filed.
PDF:
Date: 12/19/2014
Proceedings: Respondent's Exceptions to Recommended Order of July 1, 2014, submitted by the Division of Administrative Hearings filed.
PDF:
Date: 12/18/2014
Proceedings: Agency Final Order
PDF:
Date: 10/20/2014
Proceedings: Order Vacating Final Order and Rescheduling Hearing until December, 2014 filed.
Date: 08/11/2014
Proceedings: Motion to Access Costs in Accordance with Section 456.072(4) Medical Records filed (not available for viewing).
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: Agency Final Order
PDF:
Date: 07/14/2014
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 07/01/2014
Proceedings: Recommended Order
PDF:
Date: 07/01/2014
Proceedings: Recommended Order (hearing held May 20, 2014). CASE CLOSED.
PDF:
Date: 07/01/2014
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 06/19/2014
Proceedings: (Petitioner's) Proposed Recommended Order filed.
PDF:
Date: 06/09/2014
Proceedings: Respondent`s Proposed Recommended Order filed.
PDF:
Date: 06/04/2014
Proceedings: Scheduling Order.
PDF:
Date: 06/04/2014
Proceedings: Letter to Roberto Rivera from Diane Kiesling enclosing transcript filed.
Date: 06/04/2014
Proceedings: Transcript of Proceedings (not available for viewing) filed.
Date: 05/20/2014
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 05/19/2014
Proceedings: Respondent's Petition for Adminiistrative Hearing before the Department of Administrative Hearing (Disputed Issue of Martial Fact) filed.
PDF:
Date: 05/13/2014
Proceedings: Letter to Judge Nelson from Roberto Rivera information regarding the hearing on May 20, 2014 filed.
PDF:
Date: 05/06/2014
Proceedings: Notice of Serving Copies of Petitioner's Exhibits to Respondent filed.
PDF:
Date: 05/06/2014
Proceedings: Notice of Appearance of Co-Counsel (Hillary A. Ryan) filed.
PDF:
Date: 04/16/2014
Proceedings: Letter to Roberto Rivera, M.D. from Diane Kiesling in response to Judge's Order filed.
PDF:
Date: 04/15/2014
Proceedings: Order Denying Motion to Postpone Further Proceedings.
PDF:
Date: 04/10/2014
Proceedings: (Petitioner's) Response in Opposition to Respondent's Motion to Postpone Further Proceedings filed.
PDF:
Date: 04/08/2014
Proceedings: Respondent's Brief Motion to Postpone Furture Proceedings filed.
PDF:
Date: 04/08/2014
Proceedings: Respondent's Certification before the Department of Administrative Hearings filed.
PDF:
Date: 04/08/2014
Proceedings: Respondent's Motion to Postpone Furture Proceedings filed.
PDF:
Date: 03/31/2014
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 03/31/2014
Proceedings: Notice of Hearing (hearing set for May 20, 2014; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 03/31/2014
Proceedings: Respondent's Response to Initial Order filed.
PDF:
Date: 03/28/2014
Proceedings: Order on Motion to Appear by Telephone.
PDF:
Date: 03/27/2014
Proceedings: Respondent's Response to Initial Order filed.
PDF:
Date: 03/25/2014
Proceedings: (Petitioner's) Motion for Telephonic Hearing filed.
PDF:
Date: 03/25/2014
Proceedings: Petitioner's Unilateral Response to Initial Order filed.
PDF:
Date: 03/19/2014
Proceedings: Initial Order.
PDF:
Date: 03/19/2014
Proceedings: Notice of Serving Petitioners First Request for Production of Documents, First Set of Interrogatories, and First Request for Admissions to Respondent filed.
PDF:
Date: 03/18/2014
Proceedings: Administrative Complaint filed.
PDF:
Date: 03/18/2014
Proceedings: Election of Rights filed.
PDF:
Date: 03/18/2014
Proceedings: Agency referral filed.

Case Information

Judge:
LISA SHEARER NELSON
Date Filed:
03/18/2014
Date Assignment:
03/19/2014
Last Docket Entry:
12/19/2014
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels

Related Florida Statute(s) (4):

Related Florida Rule(s) (1):