DEPARTMENT OF HEALTH, Petitioner, STATE OF FLORIDA DEPARTMENT OF HEALTH v. CASE NO.: 2018-05671 PAUL J. HANNAN, M.D., Respondent. ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Medicine against Respondent Paul 3. Hannan, 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 103011. 3. Respondent's address of record is 10203 Cypress Links Drive, Tampa, Florida 33647. DOH v. Paul J. Hannan, M.D. 1
4. At all times material to this complaint, Respondent was also licensed to practice medicine in the state of Delaware by the Delaware Board of Medical Licensure and Discipline (Delaware Board), the licensing authority regulating the practice of medicine in Delaware. 5. On or about January 2, 2018, the Delaware Board revoked Respondent's Delaware medical license in case number 10-104-15 via an Order following a hearing officer's report and recommendation. 6. The Order concerned Respondent's prescribing of controlled substances to eight patients. 7. The Delaware Board found that Respondent committed multiple violations of Delaware statutes and regulations, including prescribing a dangerous narcotic other than for therapeutic or diagnostic purposes and engaging in a pattern of negligence in the practice of medicine. The Delaware Board described Respondent's treatment as "deplorable" and as demonstrating "not only unprofessional, but dangerous prescribing practices." 8. Respondent failed to notify the Florida Board of Medicine in writing within 30 days of the January 2, 2018, Order of the Delaware Board revoking his Delaware medical license. DOH v. Paul 3. Hannan, M.D. 2
9. Respondent failed to update his Florida practitioner profile to disclose the January 2, 2018, Order of the Delaware Board revoking his Delaware medical license. Count I 10. Petitioner re-alleges and incorporates by, reference paragraphs one (1) through seven (7), as if fully set forth herein. 11. Section 458.331(1)(b), Florida Statutes (2017), provides that having a license or the authority to practice medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction constitutes grounds for disciplinary action by the Board of Medicine. 12. On or about January 2, 2018, the Delaware Board revoked Respondent's Delaware medical license. 13. Based on the foregoing, Respondent violated Section 458.331(1)(b), Florida Statutes (2017), by having his medical license revoked by the medical licensing authority of another jurisdiction. Count II 14. Petitioner re-alleges and incorporates by reference paragraphs one (1) through eight (8), as if fully set forth herein. DOH v. Paul J. Hannan, M.D. 3
15. Section 458.331(1)(kk), Florida Statutes (2017), provides that failing to report to the Board of Medicine, in writing, within 30 days, when action, as defined in Section 458.331(1)(b), Florida Statutes, is taken against one's license to practice as a physician in another state, territory or country, constitutes grounds for discipline by the Board of Medicine. 16. Respondent failed to report the January 2, 2018, Order of the Delaware Board revoking his Delaware medical license to the Florida Board of Medicine, in writing, within 30 days. 17. Based on the foregoing, Respondent has violated Section 458.331(1)(kk), Florida Statutes (2017). Count III 18. Petitioner re-alleges and incorporates by reference paragraphs one (1) through nine (9), as if fully set forth herein. 19. Pursuant to section 456.041(1)(a), Florida Statutes (2017), the Department of Health shall compile information submitted pursuant to section 456.039, Florida Statutes, into a practitioner profile for the applicant or licensee submitting the information. 20. Pursuant to section 456.039(1)(a)8., Florida Statutes (2017), an applicant or licensee must provide a description of any final disciplinary action taken within the previous ten (10) years against him or her by the DOH v. Paul J. Hannan, M.D. 4
agency regulating the profession that he or she is or has been licensed to practice, whether in the state of Florida or any other jurisdiction. 21. Section 456.042, Florida Statutes (2017), provides that a practitioner must submit updates of required information within fifteen (15) days after the final activity that renders such information a fact. An updated profile is subject to the same requirements as an original profile. 22. Section 456.072(1)(w), Florida Statutes (2017), provides that failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application, is grounds for discipline by the Florida Board of Medicine. 23. Respondent failed to update his Florida practitioner profile to disclose the January 2, 2018, Order of the Delaware Board revoking his Delaware medical license within fifteen days. 24. Based on the foregoing, Respondent has violated Section 456.072(1)(w), Florida Statutes (2017), by failing to timely update his practitioner profile. DOH v. Paul J. Hannan, M.D. 5
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 billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 27th day of August, 2018. Celeste Philip, MD, MPH Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY DA CLERK TE Angel CLERK sanders AUG 2 7 %id D Chad Dunn Assistant General Counsel Florida Bar No. 111963 DOH-Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 (850) 245-4640, Ext. 8224 (850) 245-4684 fax E-Mail: chad.dunn@flhealth.gov CD/bjj PCP Date: August 24, 2018 PCP Members: Dr. Georges El-Bahri, Dr. Hector Vila, and Ms. Joy Tootle DOH v. Paul J. Hannan, M.D. 6
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. DOH v. Paul J. Hannan, M.D. 7