Robert J. Rogers, M.D. Surrenders
Florida Medical License

Stephen Barrett, M.D.


In December 2009, Robert J. Rogers, M.D., faced with two complaints brought by the Florida Board of Medicine, agreed to voluntarily and permanently surrender his medical license. One complaint accused him of falsely diagnosing a woman with hypothyroid disease (using a bogus muscle test). The other (shown below) accused him of failing to comply in several ways with the rules for dispensing physicians. Rogers owned and operated Advance Medical Practices, Inc. of Longwood, Florida. In a parallel criminal case, thecorporation pleaded guilty to one count of health care fraud and was ordered to pay restitution of $593,000 plus a special assessment of $400.


STATE OF FLORIDA
DEPARTMENT OF HEALTH


DEPARTMENT OF HEALTH,

PETITIONER

v.

ROBERT J. ROGERS, M.D.

RESPONDENT.



CASE NO: 2007-02289

Filed 1-14-08


ADMINISTRATIVE COMPLAINT

COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this  Administrative Complaint before the Board of Medicine against the Respondent, Robert J. Rogers, M.D., and in support thereof alleges:

1. Petitioner is the state department 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 7708.

3. Respondent's current address of record is Advanced Medical Practices, 2170 West State Road, 434, Suite 190, Longwood, FL 32779.

4. On or about December 7, 2006, Patient V.R. was a sixty-eight, (68) year old female whom presented to the Respondent for the first time with complaints of cramping from her hips to her knees occurring since 2002 and with high cholesterol. On her medical history form, Patient V.R. indicated she had suffered from hay fever, chest pains, palpitations, easy bruising, back trouble, joint pains, cold hands or feet, loss of sex drive, and/or poor memory.

5. On or about December 7, 2006, the Respondent performed a physical examination of Patient V.R. which included having the patient place her right arm at her right side with her left arm horizontal, and then the Respondent, would push down on Patient V.R.'s Ieft wrist while instructing her to resist his downward force. This was repeated with Patient V.R.'s right hand and fingers placed over. her abdominal area with the result that. she was no longer able to resist the Respondent's downward force on her left wrist.

6. After the Respondent performed the exam noted above, he gave Patient V.R. a small chip or piece of "Westhroid (thyroid hormone) which is a "natural product from animal thyroid glands) to place under her tongue. Patient V.R. was then able to resist the downward pressure applied by the Respondent on her left wrist while her right hand forefingers and/or fingers were placed over her naval area.

7. As a result of the “tests" and/or exam performed by the Respondent as described in the above paragraphs, the Respondent diagnosed Patient V.R. with hypothyroidism. Hypothyroidism is a condition where a person's thyroid gland is not producing enough thyroid hormones.

8. On or about December 7, 2006, the Respondent's diagnosis of  hypothyroidism for Patient V.R. was not based on a proper matrix of assessment and evaluation and/or the Respondent failed to perform a standard blood test to examine Patient V.R.'s thyroid function.

9. On or about December 7, 2006, the Respondent performed "unconventional" blood tests on Patient V.R. including a HLB Live Blood Test, a LBA Part II Live Blood Test, and/or a Urinary Indican Test. After performing these tests on Patient V.R., the Respondent recommended she order several dietary supplements, and Patient V.R., was instructed to refer to herself as a patient of the Respondent's and to give· the Respondent's reference and/or account numbers when ordering the supplements.

10. On or about December 7, 2006, the Respondent. failed to request all old medical records for Patient V.R. for review of her cardiac condition.

11. On or about December 7, 2006, the Respondent failed to, identify an appropriate treatment plan for Patient V.R. due, to his diagnosis of hypothyroidism for Patient V.R. being based on questionable physical exams and/or laboratory tests.

12. On or about December 7, 2006, the Respondent failed to perform the appropriate blood tests on Patient V.R., and/or he failed to perform a complete and proper physical exam on the patient, which should have included the manual examination of the thyroid gland.

13. The Respondent inappropriately prescribed Westhroid for Patient V.R. without providing her detailed and proper instructions for taking Westhroid.

14. The Respondent made deceptive, untrue, or fraudulent representations related to the practice of medicine or employed a trick or scheme in the practice of medicine when he diagnosed Patient V.R. with hypothyroidism without performing an appropriate physical exam of the patient and/or without performing an appropriate laboratory evaluation of the patient.

COUNT I

15. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein.

16. Section 458~331(1)(t), Florida Statutes (2006), subjects a physician to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes (2006) defines medical malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. Level of care, skill; and treatment recognized in general law related to health care licensure means the standard of care specified in Section 766.102. Section 766.102(1), Florida Statutes (2006) defines the standard of care to mean “. . . . The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. . .”

17. The Respondent committed medical malpractice as defined in Section 456.50 and/or failed to practice medicine in accordance with the level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers in one or more of the following ways: by rendering a diagnosis of hypothyroidism for Patient V.R. which was not based on a proper matrix of assessment and evaluation by failing to perform a standard blood test, to examine Patient V.R.'s thyroid function; by recommending Patient V.R. order several dietary supplements after performing "unconventional" blood tests on the patient; by failing to request all old medical records for Patient V.R. for review of her cardiac condition; by failing to identify an appropriate treatment plan for Patient V.R. due to his diagnosis of hypothyroidism for Patient V.R. being based on questionable physical exams and/or laboratory tests; and/or the. Respondent failed to perform a complete and proper physical exam on the patient, which should have included the manual examination of the thyroid gland.

18. . Based on the foregoing, Respondent has violated. Section 458.331(1)(t), Florida Statutes (2006), by committing medical malpractice as defined in, Section 456.50. and/or by failing to practice medicine in accordance with the level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.

COUNT II

19. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein.

20. Section 458.331(1)(k), Florida Statutes (2006), provides that making deceptive, untrue, or fraudulent representations in or related to the practice of medicine, or employing a trick or scheme in the practice of medicine constitutes grounds for' disciplinary action by the Board of Medicine.

21. The Respondent made deceptive, untrue; or fraudulent representations related to the practice of medicine or employed a trick or scheme in the practice of medicine when he diagnosed patient V.R. with hypothyroidism without performing an appropriate physical exam of the patient and/or without performing an appropriate laboratory evaluation of' the patient.

22. Based on the, foregoing, Respondent violated Section 458.331(1){k), Florida Statutes (2006), by making deceptive, untrue, or fraudulent representations in or related to the practice of medicine or employing, a trick or scheme in the practice of medicine.

COUNT III

23. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein.

24. Section 458.331(l)(q), Florida Statutes (2006), provided that prescribing, dispensing, administering, mixing, or otherwise preparing legend drug, including any controlled substance, other than in the course of the physician's professional practice constitutes grounds for disciplinary action by the Board of Medicine. For the purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician's professional practice, without regard to his or her intent.

25. The Respondent inappropriately prescribed Westhroid for Patient V. R. without providing her detailed and proper instructions for taking Westhroid.

26. Based on the foregoing, the Respondent violated Section 458.3:31(1.)(q), Florida Statutes (2006), by prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician's 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 billed or collected, remedial education and/or any other, relief that the Board deems appropriate.

SIGNED this 11th day of January, 2008
Ana M. Viamonte Ros, M.D., M.P.H
State Surgeon General

___________________________
Matthew Casey ,
Assistant General Counsel
DOH Prosecution Services Unit
4052 Bard Cypress Way, Bin C-65
Tallahassee, Fl 32399-3265
Florida Bar # 0115320
(850) 245-4640 ext,; 8173 - phone
(850) 245-4680 - fax

PCP: January 11, 2008
PCP Members: Ashkar, Cline & Beebe

This page was revised on November 9, 2016.

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