STATE OF FLORIDA DEPARTMENT OF HEALTH.
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1 STATE OF FLORIDA DEPARTMENT OF HEALTH. DEPARTMENT OF HEALTH, PETITIONER, V. Case Number ATUL SHAH, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, hereby files this Administra tive Complaint before the Board of Medicine against Respondent Atul Shah, 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 Respondent's address of record is 6300 Beach Boulevard Squth, Suite 100, Jacksonville, Florida
2 4. At all times material to this Complaint, Respondent was board certified in Psychiatry by the American Board of Psychiatry and Neurology. 6. On or about January 9, 2015, the Department receive a complaint from Centers For Medicare and Medicaid Services (CMS) base0 on a report from SafeGuard Services LLC alleging multiple violations by Respondent. 7. The report included a review of patient records for L.H. and c.b. Facts Specific to L.H. 8. Respondent treated patient L.H. from on or about May 28, 2814, to on or about September 26, On or about August 13, 2014, L.H. experienced a fifty-one 51) second seizure, and Respondent performed ECT (electroconvulsive ther,py) and completed an ECT report. 10. Respondent also completed an ECT progress note for L.H. 11. A Pre-Anesthesia Assessment and an ECT-Anesthesia Monitoing Record were also completed for L.H. 12. On or about September 5, 2014, L.H. experienced a grand mal seizure lasting fifty-eight (58) seconds, and Respondent performed ECT and completed an ECT report. 2
3 13. A Pre-Anesthesia Assessment and an ECT-Anesthesia Monitoiting Record were completed for L.H. 14. On or about September 26, 2014, L.H. experienced a seventythree (73) second seizure, and Respondent performed ECT and complted an ECT report. 15. A Pre-Anesthesia Assessment and an ECT-Anesthesia Monitoring Record were completed for L.H. 16. During the treatment period, Respondent failed to document rationale regarding ECT treatment settings; 17. During the treatment period, Respondent failed to document the action taken to terminate seizure or prevent a recurrence. 18. During the treatment period, Respondent's entries documeong the doses of succinyl choline and anesthetic are illegible. Facts Specific to G.B. 19. Respondent treated G.B. from on or about May 7, 2014, to On or about May 31, On or about May 9, 2014, Respondent completed a Consultation Request Report regarding an ECT for G.B. 3
4 21. On or about May 14, 2014, G.B. experienced a nineteen (19) second seizure, and Respondent performed ECT and complete an ECT report. 22. On or about May 16, 2014, G.B. experienced a twenty (I20) second seizure, and Respondent performed ECT and completed an [CT report. 23. On or about May 21, 2014, G.B. experienced a twenty-four (124) second seizure, and Respondent performed ECT and completed an C 1- report. 24. On one or more occasions during the treatment perod, Respondent failed to retain the EEG (electroencephalogram) recording Strip for each ECT treatment. 25. On one or more occasions during the treatment perod, Respondent failed to document the medications and doses received during treatment. 26. On one or more occasions during the treatment period, Respondent failed to record the machine settings. 27. On one or more occasions during the treatment period, Respondent failed to clearly document the number of ECT's. 4
5 28. On one or more occasions during the treatment per od, Respondent's handwritten notes are illegible. COUNT I 29. Petitioner re-alleges and reincorporates paragraphs one (1) through eighteen (18) as if fully set forth herein. 30. Section (1)(m), Florida Statutes (2014), 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. 31. Section (1)(nn), Florida Statutes (2014), states chat grounds for disciplinary action by the Board exist for violating any rule adopted pursuant to Chapter Rule 64B , Florida Administrative Code (2014), sets forth that medical records must be written in English, in a legible manner and With sufficient detail that identifies the patient, supports diagnosis, ci arty demonstrates why the course of treatment was undertaken, and docur4its the course and results of treatment accurately. 5
6 33. Respondent failed to maintain adequate medical records for patient L.H. in one or more of the following ways: a. By failing to document the doses of anesthetic and mucle relaxant; b. By failing to maintain action taken to terminate seizure or prevent a recurrence; and c. By failing to maintain illegible entries documenting the dosed of succinyl choline and anesthetic. 34. Based on the foregoing, Respondent violated se4ion (1)(m), Florida Statutes (2014), and/or section (1)(11n), Florida Statutes (2014), and violating Rule 64B , Florida Administrative Code (2014, by failing to create and/or maintain adeqrte medical records that document the course of treatment for patients L.K COUNT II 35. Petitioner re-alleges and reincorporates paragraphs one (1) through seven (7), paragraphs nineteen through 28, and paragraphs th!rtyone (31) though thirty- three (33) as if fully set forth herein. 36. Respondent failed to maintain adequate medical records for patients G.B. in one or more of the following ways: 6
7 a. By failing to retain the EEG (electroencephalogram) recording strip for each ECT treatment; b. By failing to document the medications and doses received during treatment; c. By failing to record the machine settings; d. By failing to clearly document the number of Ed 's; e. By having illegible notes; and f. By maintain dictations that are incomplete and difficult to understand. 37. Based on the foregoing, Respondent violated secion (1)(m), Florida Statutes (2014), and/or section (1)(in), Florida Statutes (2014), and violating Rule , Florida Administrative Code (2014), by failing to create and/or maintain adequate medical records that document the course of treatment for patients G.E3 WHEREFORE, the Petitioner respectfully requests that the Boar 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 reprimrd, placement of the Respondent on probation, corrective action, refund of tees 7
8 billed or collected, remedial education and/or any other relief that the B and deems appropriate. SIGNED this Z.? 44 day of, Celeste Phillip, MD, MPH Surgeon General and Secretary of Health FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK. audt.4.4 DATE; AUG ie Diane K. Kiesling Assistant General Cou Florida Bar Number 2332 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida Telephone: (850) Facsimile: (850) Diane.Kiesling@FLHealth.gov DKK/dkk PCP Date: August 18, 2017 PCP Members: Dr. Avila, Dr. Averhoff, & Mr. Bradley Levine 8
9 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conduced in accordance with Section and , Florida Statues, to be represented by counsel or other qualified representative to present evidence and argument, to call and cross-exa ine witnesses and to have subpoena and subpoena duces tecum iss ed on his or her behalf if a hearing is requested. A request or peti ion for an administrative hearing must be in writing and must be received by the Department within 21 days from the ay Respondent received the Administrative Complaint, pursuan to Rule (2), Florida Administrative Code. If Respond nt fails to request a hearing within 21 days of receipt of his Administrative Complaint, Respondent waives the right to req est a hearing on the facts alleged in this Administrative Compl int pursuant to Rule (4), Florida Administrative Code. ny request for an administrative proceeding to challenge or con est the material facts or charges contained in the Administra lye Complaint must conform to Rule (5), Flo ida Administrative Code. Mediation under Section , Florida Statutes, is available to resolve this Administrative Complaint. not NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incu red costs related to the investigation and prosecution of this ma er. Pursuant to Section (4), Florida Statutes, the Board s all assess costs related to the investigation and prosecution f a disciplinary matter, which may include attorney hours and co ts, on the Respondent in addition to any other discipline imposed. 9
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