DEPARTMENT OF HEALTH
BOARD OF MEDICINE
DEPARTMENT OF HEALTH, Petitioner,
vs. CASE NO. 2003-99999
ANNA HILO, M.D.,
PETITION FOR FORMAL ADMINISTRATIVE PROCEEDING
Respondent Anna Hilo, M.D., (“Dr. Hilo”), by and through her undersigned counsel, pursuant to sections 120.60, 120.57, and 120.569, Florida Statutes, file this petition for formal administrative proceeding and state:
1. Petitioner is the Department of Health (“DOH”). DOH’s address is: Department of Health, Board of Medicine, 4052 Bald Cypress Way, Tallahassee, Florida 32399-3265. DOH’s phone number is (850) 414-8126.
2. Respondent is Dr. Anna Hilo (“Dr. Hilo”), address is: 3485 Meandering Way, Tallahassee, Florida …show more content…
Dr. Hilo disputes the allegations in the Complaint. Dr. Hilo files this pleading to request a formal hearing under Section 120.57(1), Florida Statutes and Section 120.57(3)(b) that “any person who is adversely affected by the agency decision…” has standing.
PETITIONER’S SUBSTANTIAL INTERESTS ARE AFFECTED
6. DOH requests relief in the form of one or more of the following penalties: permanent revocation or suspension of Dr. Hilo’s license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Dr. Hilo on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate.
7. The imposition of one or more of these penalties will substantially affect Dr. Hilo’s livelihood. Under the Agrico, test Dr. Hilo must demonstrate that an injury will have an immediate affect and that the substantial injury is the type the proceeding is designed to protect. The loss of Dr. Hilo’s license will economically affect her, thus she meets the substantial interest test.
STATEMENT OF THE ULTIMATE FACTS …show more content…
In enforcing this paragraph, the department shall have, upon a finding of the State Surgeon General or the State Surgeon General’s designee that probable cause exists to believe that the licensee is unable to practice medicine because of the reasons stated in this paragraph, the authority to issue an order to compel a licensee to submit to a mental or physical examination by physicians designated by the department. If the licensee refuses to comply with such order, the department’s order directing such examination may be enforced by filing a petition for enforcement in the circuit court where the licensee resides or does business. The licensee against whom the petition is filed may not be named or identified by initials in any public court records or documents, and the proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011. A licensee or certificate holder affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice of medicine with reasonable skill and safety to