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1 DEPARTMENT OF HEALTH, Petitioner, VS. GREGORY A. LATCHAW, M.D. Respondent. STATE OF FLORIDA BOARD OF MEDICINE / D:30- kg- tuagr rdt- b CLERK FILED Department Of Health Deputy Clerk ding-el crastsich-i DATE SEP CASE NO.: LICENSE NO.: ME NOTICE OF SCRIVENERS ERROR COMES NOW, the Petitioner, Department of Health, and corrects the Final Order filed on August 18, 2016 with Rendition No. DOH FOI-MQA, Case Number's , as grounds therefore states: 1. The Final Order was filed with the Administrative Complaint attached and should have been filed with the Amended Administrative Complaint attached. 2. The Final Order is now correct and remains nunc pro tunc to the filing date. WHEREFORE, the Petitioner hereby corrects the error contained in the Final Order. Respectfully submitted, on this 14th day of September, %Leba Angesanders Deputy Agency Clerk Department of Health

2 DEPARTMENT OF HEALTH, Petitioner,. - Final Order No. DOH Fb1 -MQA STATE OF FLORIDA BOARD OF MEDICINE FILED DATE A UG 1 g 2016 Department of He By: oft AaPnrsurlarlz VS. DOH CASE NO.: LICENSE NO.: ME GREGORY A. LATCHAW, M.D., Respondent. FINAL ORDER THIS CAUSE came before the BOARD OF MEDICINE (Board) pursuant to Sections and (2), Florida Statutes, on July 29, 2016, in Tampa, Florida, for consideration of the Amended Administrative Complaint (attached hereto as Exhibit A) in the above-styled cause pursuant to Respondent's Election of Rights. At the hearing, Petitioner was represented by Jack Wise, Assistant General Counsel. Respondent was present and represented by Joseph M. Bloom, Esquire. The facts are not in dispute. Upon consideration, it is ORDERED: 1. The allegations of fact set forth in the Amended Administrative Complaint are approved and adopted and incorporated herein by reference as the findings of fact by the Board.

3 2. The conclusions of law alleged and set forth in the Amended Administrative Complaint are approved and adopted and incorporated herein by reference as the conclusions of law by the Board. 3. The violations set forth warrant disciplinary action by the Board. THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED: Respondent's license to practice medicine in the State of Florida is hereby REVOKED. RULING ON MOTION TO ASSESS COSTS The Board reviewed the Petitioner's Motion to Assess Costs and voted to waive the costs associated with this case. (NOTE: SEE RULE 64B , FLORIDA ADMINISTRATIVE CODE. UNLESS OTHERWISE SPECIFIED BY FINAL ORDER, THE RULE SETS FORTH THE REQUIREMENTS FOR PERFORMANCE OF ALL PENALTIES CONTAINED IN THIS FINAL ORDER.) This Final Order shall take effect upon being filed with the Clerk of the Department of Health. DONE AND ORDERED this /6X BOARD OF MEDICINE day of aaltboit Claudia Kemp, J.D.,'executive Director For Enrique Ginzburg, M.D., Vice-Chair

4 NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION , FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by Certified Mail to GREGORY A. LATCHAW, M.D., Palms West Drive, Suite 130, Loxahatchee, Florida 33470; to Joseph M. Bloom, Esquire, Lubell Rosen, 200 South Andrews Avenue, Museum Plaza, Suite 900, Fort Lauderdale, Florida 33301; by to Jack Wise, Assistant General Counsel, Department of Health, at Jack.Wise@flhealth.gov; and by to Edward A. Tellechea, Chief Assistant Attorney General, at Ed.Tellechea@myfloridalegal.com this 44\*" day of 4(-, cek.thckto, Td* 1111 S Deputy Agency Clerk 71r: r; y. 9 r -

5 FILED OEPARTMENT OF HEALTH DEPUTY CLERK STATE OF FLORIDA DEPARTMENT OF HEALTH CLERK: DATE 312 c-/ 0 DEPARTMENT OF HEALTH, Petitioner, v. CASE NO.: GREGORY A. LATCHAW, M.D., Respondent. AMENDED ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Medicine against Respondent Gregory A. Latchaw, M.D., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of Medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed medical doctor within the state of Florida, having been issued license number ME Respondent's address of record is Palms West Dr., Suite 130, Loxahatchee, FL

6 4. On or about July 05, 2011, Patient S.E., a twenty-six (26) yearold female, presented to Respondent for a gynecological examination. 5. Respondent continued to treat Patient S.E. including performing an annual gynecological examination on or about July 10, During the appointment with Respondent on or about July 10, 2013, Patient S.E. informed Respondent that she was overwhelmed taking care of her infant son, that she was under a great deal of stress, and that she and her husband were having marital troubles. 7. Within a week of Patient S.E.'s appointment, Respondent called Patient S.E. on her personal cell phone to request advice concerning his children's education. 8. Respondent continued to call and text Patient S.E. on her personal cell phone regularly. 9. On or about August 28, 2013, Respondent performed three facial Dysport injections on Patient S.E. 10. Respondent did not charge Patient S.E. for the Dysport injections. 11. Respondent engaged in sexual relations with Patient S.E. approximately three (3) times on or between about September 01, 2013 and about September 30,

7 12. Section (1)(j), Florida Statutes (2013), subjects a licensee to discipline for exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. 13. Respondent exercised influence within his patient-physician relationship with Patient S.E. for purposes of engaging patient S.E. in sexual activity. 14. Based on the foregoing, Respondent violated Section (1)(j), Florida Statutes (2013). WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education or any other relief that the Board deems appropriate. [Signature appears on the following page.] 3

8 SIGNED this -7-5 day of Celeste Philip, MD, MPH Interim rg_eon General Arielle E. Davis Assistant General Counsel Florida Bar No DOH-Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 Telephone: , Ext Facsimile: PCP: March 25, 2016 PCP Members: Greorges El-Bahri, M.D.; Steven Rosenberg, M.D.; Ms. Brigitte Goersch 4

9 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule (2)1 Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule (4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule (5), Florida Administrative Code. Mediation under Section Florida Statutes, is not available to resolve this Administrative Complaint. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section (4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. 5

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