I STATE OF FLORIDA or. RE

I STATE OF FLORIDA BOARD OF MEDICINE or.

IN RE: PETITION FOR DECLARATORY STATEMENT OF HOWARD TEE, M.D.

FINAL ORDER The Board of Medicine considered the Petition for Declaratory Statement filed on b-ehalfof Howard Tee, M.Q.,at a duly-noticed meeting held on February 3,2001, in Tampa, Florida, and determined that the petition should be denied. A Petition to intervene was filed on behalf of Arthur L. Glaser, M.D., and Gold. Vann 8 White, P.A. Upon consideration of the petition, and the rules cited by petitioner, the Board determined that a response to the petition was not appropriate on the grounds that the purpose for a petition for declaratory statement is to permit licensees l o seek advice about proposed action. In this case, Petitioner had participated in the contract at issue

since 1997. The legality of the contract is at issue in Gold, Vann & White, P.A. v. Allen

P. Friedenstab, M.D., Case No. 98-0472CA22. Therefore, the Board of Medicine declines to issue a declaratory statement in

response to the petition, and the petition is dismissed. This Final Order shall become effective upon filing with the Clerk of the

Department of Health

DONE AND ORDEREDthis Z&aat.yC of

,2001.

BOARD OF MEDICINE

for as ton lSfco&-~ua, M.D., Chair

NOTICE TO PARTIES

Pursuant t o Section 120.569, Florida Statutes, petitioner is hereby notified

that he may appeal this Final Order by filing one copy of a notice of appeal with the

Clerk of the Department of H6alth and one copy of a notice of appeal and the filing

fee with the District Court of Appeal within 3 0 days of the date Phis Final Order is

filed.

-CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

provided by U.S. Mail to Howard Tee, M.D., c/o Robert Rappel, D.O., J.D., Craig

M. Rappel, Esquire, Richard 6. Wingate, Esquire, Rappel & Rappel, P . A . , 5070

Highway A1 A North, Suite 221, Oak Point Professional Center, Vero Beach, Florida

32963-1216, this -day of

. 2001.

-AMENDED CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been

provided by certified mail to Howard Tee, M.D., 1485 37th. St., Ste. 101. Vero Beach

FL 33960,, Robert Rappel, D.O., J.D., Craig M. Rappel, Esq., and Richard B.

Wingate, Esq., 5070 Highway A1A North, Ste. 221, Vero Bch FL 32963-1216, and

(- 4 it 1 interoffice delivery to at or before 5:00 p.m., this c

day of

STATE OF FLORIDA DEPARTMENT OF HEALTH

BOARD OF MEDICINE

IN RE: Petition for Declaratory Statement of Howard Tee. M.D.

PETITION FOR DECLARATORY STATEMENT

Pursuant to Section 120.565, Florida Statutes, Petitioner, HOWARD TEE,

M.D. (the "Petitioner"), by and through undersigned counsel. petitions the Board of Medicine for a Declaratory Statement and states:

1. The Petitioner is Howard Tee, M.D. For purposes of this Petition. Petitionei's address is that 07 undersigned counsel.

2. The gavemmental entity affected by this Petition is the Department of Health, Board of Medicine (the 'Board"). The statutory provisions on which this Declaratory Statement is sought are Sections 458.331(1)(g), 458.331(1)(i) and 817.505, Florida Statutes.

3. Petitioner's multi-specialty group medical practice (the "Practice") entered into and parlicipated in a long-term Management S e ~ i c e sAgreement and an Amended Management Services Agreement (collectively the "lvlanagernent Agreement"), with a practice management company (the

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'Company"). (attached as Exhibit "B",Page 1) The Practice consists of

approximately forty-four (44)multi-specialty physicians. 4. The Petitioner entered into a non-shareholderemployment

agreement on November 19, 1996; however, the Petitioner did not actually begin employment until February 1,1997. The petitioner became a shareholder of the Practice on July 8, 1998, effective February 1 , 1998 and entered into a Stockholder Employment Agreement ('Employment Agreement") (attached as

Exhibit "C".Page l)d,uring said participationin the Management Agreement.

The Employment Agreement incorporated the Management Agreement by reference. During the formulation of the Employment Agreement, the Petitioner requested btit never received a copy of the Management Agreement.

5. On or about August 2000, the Petitioner became aware mainly through outside sources that t h e ' ~ a n a ~ e m eAngt reement entered into by the Practice may subject the Petitioner to disciplinary action by the Board of Medicine. In addition, the Petitionerobtained a copy of a July 17, 2000 Advisory Bulletin from the Florida Medical Association (attached as Exhibit 'A"). The Petitioner, concerned with his reimbursement amngement and the possible issue of a 'split-fee" amngement with the Company discussed the concerns of the arrangement with the Practice Executive Director. The Petitioner again requested a copy of the Management Agreement and his request was again denred. On September 5, 2000, the Petitioner sought legal counsel. Approximately two weeks after seeking legal counsel, the Petitioner came into

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