STATE OF FLORIDA BOARD OF OSTEOPATHIC MEDICINE Final Order No. DOH-17-1 FILED DATE - Departmen S 30- S - MQA P 1 9 2011 Hea th DEPARTMENT OF HEALTH vs. Petitioner, Case No: 2016-27041 License No.: OS 14212 STEVEN DAVID GROSSINGER, D.O., Respondent. FINAL ORDER ACCEPTING SETTLEMENT AGREEMENT This matter appeared before the Board of Osteopathic Medicine (hereina "Board") pursuant to Sections 120.569 and 120.57(4), Florida Statutes, at a duly-notic d public meeting on August 25, 2017, in Orlando, Florida, for consideration of a Settleme t Agreement (attached hereto as Exhibit "A") entered into between the parties in this cau and incorporated by reference into this Final Order. The Department of Heal (hereinafter "Petitioner") was represented by Ann Prescott, Assistant General Couns with the Department of Health. Steven David Grossinger, D.O., (hereinaft r "Respondent") was present and was not represented by counsel at the meeting. The Petitioner filed an Administrative Complaint against the Respondent on Api it 17, 2017, attached hereto as Exhibit "B" and incorporated by reference into this Fin 1 Order. Upon consideration of the Settlement Agreement, the documents submitted support thereof, the arguments of the parties and otherwise being advised in the premis s, the Board accepted the Settlement Agreement. Costs are assessed in the amount of thr e
hundred eleven dollars and eighty-nine center ($311.89) and payable within thirty (3 days from the filing date of this Final Order. WHEREFORE, the Board hereby accepts the Settlement Agreement, settling matters in this case consistent with the terms of the agreement between the parties, Respondent is hereby ORDERED to abide by the terms of the Settlement Agreemei This Final Order shall be placed in and made part of the Respondent's official records. This Final Order shall become effective upon filing with the Clerk for t e Department of Health. DONE AND ORDERED this day of, 2017. BOARD OF OSTEOPATHIC MEDICINE Kama Monroe, J.D., Executive Director on behalf of Michelle Mendez, D.O., Chair CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has be n furnished by U.S. Mail to Steven David Grossinger, D.O., 708 Sturbridge Drive, B Mawr, PA 19010; and Jason L. Reimer, Esq., 17 North Second Street, 12th Floor, P st & Schell, P.C., Harrisburg, PA 17101; and by email to Donna C. McNulty, Seni r Assistant Attorney General, at Donna.McNulty@myfloridalegal.com; Ann Presco t, Assistant General Counsel, at Ann.Prescott@flhealth.gov; and Matthew itte s, Assistant General Counsel, at Matthew.Witters@flhealth.gov; this ICI day f Scudwit$ Deputy Agency Clerk 2
5866 DEPARTMENT OF HEALTH, PETITIONER, STATE OF FLORIDA DEPARTMENT OF HEALTH V. CASE NO. 2016-27041 STEVEN DAVID GROSSINGER, RESPONDENT, SETTLEMENT AGREEMENT Steven David Grossinger, D.O., referred to as the "Respondent, and the Department of Health, referred to as "Department," stipula e and agree to the following Settlement Agreement and to the entry of a Final Order of the Board of Osteopathic Medicine, referred to "Board," incorporating the Stipulated Facts and Stipulated Disposition n this matter. Petitioner is the state agency charged with regulating the practise of osteopathic medicine pursuant to Section 20.43, Florida Statute and Chapter 456, Florida Statutes, and Chapter 459, Florida Statutes. xhibit A
5867 STIPULATED FACTS 1. At all times material hereto, Respondent was a licens d osteopathic physician in the State of Florida having been issued licen e number OS 14212, on or about August 17, 2016. 2. The Department charged Respondent with an Administrative Complaint that was filed and properly served upon Respondent wi h violations of Chapter 459, Florida Statutes, and the rules adopt d pursuant thereto. A true and correct copy of the Administrative Complaint is attached hereto as Exhibit "A." 3. Respondent neither admits nor denies the allegations of fa t contained in the Administrative Complaint for purposes of thee proceedings only. STIPULATED CONCLUSIONS OF LAW 1. Respondent admits that, in his capacity as a licens :d osteopathic physician, he is subject to the provisions of Chapters 46 and 459, Florida Statutes, and the jurisdiction of the Department a d the Board. 2. Respondent admits that the facts alleged in Administrative Complaint, if proven, would constitute violations if
5868 Chapter 459, Florida Statutes, as alleged in the Administrati'e Complaint. 3. Respondent agrees that the Stipulated Disposition in th case is fair, appropriate and acceptable to Respondent. STIPULATED DISPOSITION 1. Reprimand - The Board shall reprimand the license Respondent. 2. Fine - The Board of Osteopathic Medicine shall impose a n administrative fine of One Thousand Dollars and No Cents ($1,000.00) against the license of Respondent, to be paid by Respondent to the Department of Health, Compliance Manageme t Unit, Bin C76, Post Office Box 6320, Tallahassee, Florida 32314-6320, Attention: Board of Osteopathic Medicine Compliance Officer, withi n thirty (30) days from the date of filing of the Final Order incorporating this Settlement Agreement. All fines shall be paid by certified funds Or money order. The Board office does not have the authority to chang the terms of payment of any fine imposed by the Board. RESPONDENT ACKNOWLEDGES THAT THE TIMEL' PAYMENT OF THE FINE IS HIS LEGAL OBLIGATION ANI
5869 RESPONSIBILITY AND RESPONDENT AGREES TO CEA E PRACTICING IF THE FINE IS NOT PAID AS AGREED TO IN TH S SETTLEMENT AGREEMENT, SPECIFICALLY: IF WITHIN FORT FIVE (45) DAYS OF THE DATE OF FILING OF THE FINAL ORDE RESPONDENT HAS NOT RECEIVED WRITTEN CONFIRMATIO THAT THE FULL AMOUNT OF THE FINE HAS BEEN RECEIVED B THE BOARD OFFICE, RESPONDENT AGREES TO CEA E PRACTICE UNTIL SUCH WRITTEN CONFIRMATION IS RECEIVE BY RESPONDENT FROM THE BOARD, 2. Reimbursement of Costs - Pursuant to Section 456.07 Florida Statutes, Respondent agrees to pay the Department for any an all costs incurred in the investigation and prosecution of this cas Such costs exclude the costs of obtaining supervision or monitoring the practice, the cost of quality assurance reviews, and the Board administrative cost directly associated with Respondent's probation, any. The current estimate of the Department's costs in this case is tw hundred thirteen dollars and seventy-nine cents ($213.79), b t this amount will increase prior to the Board meeting where thi Settlement Agreement is presented. Respondent will pay costs to th
5870 Department of Health, Compliance Management Unit, Bin 06, P.O. B cx 6320, Tallahassee, Florida 32314-6320, Attention: Board of Osteopathic Medicine Compliance Officer, within thirty (30) days from the date f filing of the Final Order in this cause. Any post-board costs, such the costs associated with probation, are not included in this Settlement Agreement. RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE COSTS IS HIS LEGAL OBLIGATION AN RESPONSIBILITY, AND RESPONDENT AGREES TO CEASE PRACTICING IF THE COSTS ARE NOT PAID AS AGREED TO I THIS SETTLEMENT AGREEMENT, SPECIFICALLY: IF WITHI FORTY-FIVE (45) DAYS OF THE DATE OF FILING OF THE FINAL ORDER, RESPONDENT HAS NOT RECEIVED WRITTE CONFIRMATION THAT THE FULL AMOUNT OF THE COST NOTED ABOVE HAS BEEN RECEIVED BY THE BOARD OFFICE RESPONDENT AGREES TO CEASE PRACTICE UNTIL SUCI WRITTEN CONFIRMATION IS RECEIVED BY RESPONDENT FROM THE BOARD.
5871 STANDARD PROVISIONS 1. Appearance: Respondent is required to appear before the Board at the meeting of the Board where this Settlement Agreement is considered. 2. No Force or Effect until Final Ordet - It is expressly understood that this Settlement Agreement is subject to the approval of the Board and the Department. In this regard, the foregoing paragraphs (and only the foregoing paragraphs) shall have no force an d effect unless the Board enters a Final Order incorporating the terms f this Settlement Agreement. 3. Addresses - Respondent must keep current residence an d practice addresses on file with the Board. Respondent shall notify th e Board within ten (10) days of any changes of said addresses. 4. Future Conduct - In the future, Respondent shall n t violate Chapter 456, 459 or 893, Florida Statutes, or the rul s promulgated pursuant thereto, or any other state or federal law, rul or regulation relating to the practice or the ability to practic osteopathic medicine. Prior to signing this Settlement Agreement, tie Respondent shall read Chapters 456, 459 and 893 and the Rules of the
5872 Board of Osteopathic Medicine, at Chapter 64B15, Florida Administrati e Code. 5. Violation of Settlement Agreement Terms - It is expressly understood that a violation of the terms of this Settleme t Agreement shall be considered a violation of a Final Order of the Boar for which disciplinary action may be initiated pursuant to Chapters 46 and 459, Florida Statutes. 6. Purpose of Settlement Agreement - Respondent, for t purpose of avoiding further administrative action with respect to th s case, executes this Settlement Agreement. In this regard, Responde t authorizes the Board to review and examine all investigative fi e materials concerning Respondent prior to or in conjunction wish consideration of the Settlement Agreement. Respondent agrees 'o support this Settlement Agreement at the time it is presente to the Board and shall offer no evidence, testimony argument that disputes or contravenes any stipulated fact conclusion of law. Furthermore, should this Settlement Agreeme t not be accepted by the Board, it is agreed that presentation to an consideration of this Settlement Agreement and other documents an
5873 matters by the Board shall not unfairly or illegally prejudice the Boa d or any of its members from further participation, consideration r resolution of these proceedings, 7. No Preclusion of Additional Proceedings Responde t and the Department fully understand that this Settlement Agreeme and subsequent Final Order incorporating same will in no way preclu e additional proceedings by the Board and/or the Department against Respondent for acts or omissions not specifically set forth in t Administrative Complaint attached as Exhibit "A". 8. Waiver of Attorney's Fees and Cos - Upon the Board adoption of this Settlement Agreement, the parties hereby agree that with the exception of costs noted above, the parties will bear their o n attorney's fees and costs resulting from prosecution or defense of th s matter. Respondent waives the right to seek any attorney's fees costs from the Department and the Board in connection with th s matter. 9. Waiver of Further Procedural Steps - Upon the Board s adoption of this Settlement Agreement, Respondent expressly waives all further procedural steps and expressly waives all rights to seek judici I
5874 review of or to otherwise challenge or contest the validity of the Settlement Agreement and the Final Order of the Board incorporatin said Settlement Agreement. [Signature page follows.]
5875 SIGNED this day of 2017. teven David Grossinger, D.O. STATE OF,FteRIDA P74 COUNTY OF PEe, Before me personally appeared, Steven David Grossinger, D.O., who *e identity is known to be by DL (type f identification), and who under oath, acknowledges that his/her signatu e appears above. Sworn to and subscribed by Respondent before me this a day of Atet--- I 2017. ota ublic My Commission Expires: 4,2441, coninumwmtih cf p Notarial Set Cliartes I Naar ndc:i Poy 8010, DetaVel4c kicay COMMiX1109 Mcpiroo Fi tff IS, 2019 APPROVED this day of 3-0)e,., 2017. Celeste Philip, MD, MPH State Surgeon General and Secretary Ann L. Prescott Assistant General Counsel Fla. Bar No. 0092974 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 245-4444 ext. 8117 Facsimile: (850) 245-4662 Email: ann.prescott@flhealth.gov 10
- I I 5876 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, CASE NO. 2016-27041 STEVEN DAVID GROSSINGER, D.O., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, by and through is undersigned counsel, and files this Complaint before the Boardf : Osteopathic Medicine against Respondent, Steven David Grossinger, D.., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating t e practice of osteopathic medicine pursuant to Section 20.43, Flori a Statutes; Chapter 456, Florida Statues; and Chapter 459, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed osteopathic physician within the State of Florida, having b issued license number OS 14212. E hibit B
5877 3. Respondent's address of record is 708 Sturbridge Drive, Bryn Mawr, Pennsylvania 19010. 4. At all times material, Respondent holds and/or held a license to practice osteopathic medicine in the state of Delaware. 5. The Delaware Board of Medical Licensure and., Di (Delaware Board) is the licensing authority for osteopathic physicians in Delaware. 6. On or about October 6, 2016, the Delaware Board entered an Order reprimanding Respondent's. Delaware. license,. requiring continuing education, and assessing a civil penalty. 7. Section 459.015(1)(b), Florida Statutes (2016), provides t at having a license or the authority to practice osteopathic medicine revok d, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, constitutes grounds for disciplinary action. The licensi g authority's acceptance of a physician's relinquishment of licen stipulation, consent order, or other settlement offered in response to or in anticipation of the filing of administrative charges against the physic n shall be construed as action against the physician's license. Case Name: DOH v. Steven David Grossinger, DO Case Number: 2016-27041
5878 8. As set forth above, on or about October 6, 2016, Responden license to practice osteopathic medicine in Delaware was disciplined. 9. Based on the foregoing, Respondent violated Secti n 459.015(1)(b), Florida Statutes (2016), by having a license or the author ty to practice osteopathic medicine revoked, suspended, or otherwise act -d against, including the denial of licensure, by the licensing authority of a y jurisdiction, including its agencies or subdivisions. The licensing author 's acceptance of a physician's relinquishment of license, stipulation, cons nt order, or other settlement offered in response to or in anticipation of t e filing of administrative charges against the physician shall be construed action against the physician's license. WHEREFORE, Petitioner respectfully requests that the Board of Osteopathic Medicine enter an order imposing one or more of the follow' g penalties: permanent revocation or suspension of Respondent's licen e, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective acti n, refund of fees billed or collected, remedial education and/or any oth r relief that the Board deems appropriate. Case Name: DOH v. Steven David Grossinger, DO Case Number: 2016-27041
5879 SIGNED this 114 day of r 2017. Celeste Philip, MD, MPH State Surgeon General and Secretary CLERK: DATE: FILED DEPARTMENT OF HEALTH DEPUTY CLERK A /ALP Pt1ft 17 Ann L. Prescott Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 0092975 (850) 245-4444 Telephone (850) 245-4662 Facsimile Ann.Prescott@flhelath.gov PCP: April 14, 2017 PCP Members: Dr. Moran (chair) & Dr. Hayden Case Name: DOH v, Steven David Grossinger, DO Case Number: 2016-27041 4