A physician received a letter in 8/2012 from DOH regarding a violation of section 458.331(1)(nn) indicating DOH was initiating an investigation and providing him with 45 days to respond. The physician responded. Investigation proceeds, goes to a probable cause panel, and there is finding of probable cause last month. DOH then files an administrative complaint this month. But, in addition to violation above, the complaint alleges three additional separate violations of section 458.331(1)(nn) (not based on same facts or mentioned in 8/12 letter). One of those violations allegedly occurred 13 months after the 8/2012 letter that initiated investigation. Under section 456.073(1), shouldn't DOH have notified physician it was investigating add'l violations and given him a chance to respond?
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