STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. Case Number 2016-25852 FRANK H. SNIPES, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, hereby files this Administrative Complaint before the Board of Medicine against Respondent, Frank H. Snipes, M.D., and 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 physician within the State of Florida, having been issued license number ME 111650.
3. Respondent's address of record is 3075 E. Commercial Boulevard, Suite 1A, Fort Lauderdale, Florida 33308. 4. At all times material to this complaint, Respondent worked at Preste Medical, 3075 E. Commercial Boulevard, Suite 1A, Fort Lauderdale, Florida 33308 (Preste). FACTS 5. Respondent treated A.V., a 27-year-old female, at Preste until March 2013, while she was an employee of Preste. 6. Thereafter, A.V. stopped working at Preste; however, Respondent continued treating A.V. until in or about April 1, 2016. 7. In March 2013, A.V. complained of pain in the bilateral sacroiliac joints of her lower back and lumbar spine, and Respondent referred her to Interventional Pain and Spine. 8. On or about March 22, 2013, A.V. presented to Interventional Pain and Spine for injections of the sacroiliac joint. 9. In or about June 2013, Respondent ordered an MRI of the lumbar and cervical spine due to A.V.'s continued complaints of pain. 10. On or about June 10, 2013, the MRI of A.V.'s lumbar and cervical spine was performed at MRI Scan & Imaging Centers. 2
11. The MRI of the lumbar spine indicated mild to moderate discogenic degenerative disease with posterior central broad disc protrusion of the L5-S1 and L4-5, as well as, multi-level lumbar arthrosis. 12. The MRI of the cervical spine indicated posterior broad shallow.disc/annual bulge at C3-4 and C4-5 through C6-7. 13. In or about June 2013, Respondent began prescribing A.V. Percocet for pain. 14. Between in or around June 2013 and April 1, 2016, Respondent wrote A.V. one or more prescriptions for the following controlled substances: a. Twenty-eight (28) prescriptions for Percocet 5/325mg or 7.5/325mg or 10/325mg; b. One (1) prescription for Valium 5mg; c. One (1) prescription for Xanax 2mg; d. Twenty-two (22) prescriptions for Adderall 20mg or 30mg; e. One (1) prescription for Hydrocodone 7.5-325; and f. One (1) prescription for Phentermine 30mg. 15. Respondent did not create and/or maintain medical records for A.V. to justify the prescriptions for the controlled substances. 3
16. Respondent did not conduct medical visits with or examinations of A.V. in any medical office, but instead saw her in parking lots and cafes. 17. Respondent maintained no medical records that conformed to the requirements of Rule 6468-9.013, Florida Administrative Code (2012-2015). His only records of his visits with A.V. consist of prescriptions that he kept in an offsite storage building. COUNT 1 18. Petitioner re-alleges and reincorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 19. Section 458.331(1)(m), Florida Statutes (2012-2015), sets forth that grounds for disciplinary action by the Board exist for failure to maintain legible medical records that identify the licensed physician by name and professional title and that justify the course of treatment of the patient, including patient histories, examination results, test results, and records of drugs prescribed, dispensed, or administered. 20. Section 458.331(1)(nn), Florida Statutes (2012-2015), states that grounds for disciplinary action by the Board exist for violating any rule adopted pursuant to Chapter 458. 4
21. Rule 64B8-9.003, Florida Administrative Code (2012-2015), sets forth that medical records must be written in English, in a legible manner and with sufficient detail that identifies the patient, supports diagnosis, clearly demonstrates why the course of treatment was undertaken, and documents the course and results of treatment accurately. 22. From June 2013 through April 1, 2016, Respondent failed to maintain adequate medical records by failing to create and/or maintain any medical records for A.V., except for copies of the prescriptions he wrote for her. 23. Based on the foregoing, Respondent violated section 458.331(1)(m), Florida Statutes and/or section 458.331(1)(nn), Florida Statutes (2012-2015), and rule 6468-9.003, Florida Administrative Code, by failing to create and/or maintain adequate medical records that document the course of treatment for A.V., and by violating rule 64B8-9.013, Florida Administrative Code. COUNT 2 24. Petitioner re-alleges and reincorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 5
25. Section 458.331(1)(q), Florida Statutes (2012-2015), sets forth that grounds for disciplinary action by the Board exist for prescribing, dispensing, administering, mixing, or otherwise preparing any controlled substance inappropriately or in excessive quantities other than in the course of a physician's professional practice. 26. Respondent prescribed controlled substances inappropriately other than in the course of the physician's professional practice in one or more of the following ways: a. By prescribing the listed controlled substances outside of a physician-patient relationship; b. By prescribing the controlled substances only following a telephone or text request and a meeting at a Starbuck's or in various parking lots; c. By failing to perform any physical examinations of A.V. to support the prescriptions for controlled substances; d. By prescribing Percocet without creating and/or maintaining medical records; e. By prescribing Valium 5mg without creating and/or maintaining medical records; 6
f. By prescribing Xanax 2mg without creating and/or maintaining medical records; g. By prescribing Adderall 20mg and 30mg without creating and/or maintaining medical records; h. By prescribing Hydrocodone 7.5/325 without creating and/or maintaining medical records; i. By prescribing Phentermine 30mg without creating and/or maintaining medical records; j. By prescribing these controlled substances outside his professional practice. 27. Based on the foregoing, Respondent violated section 458.331(1)(q), Florida Statutes (2012-2015), by prescribing any controlled substance inappropriately outside his professional practice. WHEREFORE, the 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 7
billed or collected, remedial education and/or any other relief that the Board deems appropriate. [signature appears on the following page] SIGNED this /Sf'fr day of inca.rvay_., 2017. Celeste Phillip, MD, MPH Surgeon General and Secretary of Health FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Anuel Sanders DATE DEC 1 5 2017 Diane K. Kiesling Assistant General C nsel Florida Bar Number 233285 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Telephone: 850-558-9862 Facsimile: (850) 245-4684 Email: Diane.KieslingPFLHealth.gov DKK/dkk PCP Date: December 15, 2017 PCP Members: Dr. Georges El-Bahri, Dr. Hector Vila, and Ms. Brigitte Goersch 8
NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, 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 28-106.111(2), 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 28-106.111(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 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, 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 456.072(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. 9