l-?inal Order No non-m HitHLH) - .. 0A I 0 FIT: STATE OF FLORIDA BOARD OF MEDICINE - -- DEPARTMENT OF HEALTH, Petitioner, vs. - DOH CASE NO.: 2005?59295 LICENSE NO.: ME0075961 SHAHEED KALLOO, M.D., Respondent. FINAL ORDER THIS CAUSE came before the BOARD OF MEDICINE (Board) pursuant to Sections 120.569 and Florida Statutes, on June 5, 2010, in Fort Lauderdale, Florida, for the purpose of considering a Settlement Agreement (attached hereto as Exhibit A) entered into between the parties in this cause. Upon Consideration of the Settlement Agreement, the documents submitted in support thereof, the arguments of the parties, and being otherwise fully advised in the premises, IT IS HEREBY ORDERED AND ADJUDGED that the Settlement Agreement as submitted be and is hereby approved and adopted in toto and incorporated herein by reference with the following clarification: The costs set forth in Paragraph 3 of the Stipulated_ Disposition shall be set at $17,365.14. Accordingly, the parties shall adhere to and abide by all the terms and conditions of the Settlement Agreement as clarified above. This Final Order shall take effect upon being filed with the Clerk of the Department of Health. DONE AND ORDERED this day of 2010. BOARD OF MEDICINE ?arry cPherson, Jr., Exeg?tive Director For nelia Lage, M.D., Chair CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to SHAHEED KALLOO, M.D., 8665 Marlamoor Lane, West Palm Beach, Florida 33412; to Alex Barker, Esquire, Adams, Coogle, et al., P.O. Box 2069, West Palm Beach, Florida 33402; and by interoffice delivery to Veronica Donnelly, Department of Health, 4052 Bald Cypress Way, Bin Tallahassee, Florida 32399-3253 this day of (J 2010. Don Men ark STATE OF FLORIDA DEPARTMENT OF HEALTH, Petitioner, v. non case Nos. zoos-59295 SHAHEED KALLOO, MD Respondent, SETTI. NT Shaheed Kalloo, M.D., referred to as the "Respondent," and the Department of Health, referred to as "Department" stipulate and agree to the following as "Board," incorporating the Stipulated Facts and Stipulated Disposition in this matter. Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Fierida Statutes, and Chapter 456, Florida Statutes, and Chapter 458, Florida Statutes. SPLADF 1. At all times material hereto, Respondent was a licensed physician in the State of Florida having been issued license number ME 75961. 2. The Department charged Respondent with an Administrative Complaint that was .filed and properly served upon Respondent with violations of Czinucumenis and intarner Settlement Agreement tail-idea: 1 __5683 Chapter 458, Florida Statutes, and the rules adopted pursuant thereto. A true and correct copy of the Administrative Complaint is attached hereto as Exhibit A. 3. Respondent neither admits nor denies the allegations of fact contained in the Administrative Complaint for purposes of these proceedings only. STIP TEDC OF LAW 1. Respondent admits that, in his capacity as a! licensed physician, he is subject to the provisions of Chapters 456 and 458, Florida Statutes, and the jurisdiction of the Department and the Board. 2. Respondent admits that the facts alleged in the Administrative Complaint, if proven, would constitute violations of Chapter 458, Florida Statutes, as alleged in the Administrative Complaint. 3. Respondent agrees that the Stipulated Disposition in this case is fair, and acceptable to Respondent. STI PQLATED mu 1. 35mm - The Board shall reprimand the license of Respondent. 2. ?ag - The Board or Medicine shall impose an administrative ?ne of $10,000.00 against the license of. Respondent,lto be paid .by Respondent to the Department of Health, Services, Post Of?ce Box 6320, Tallahassee, Florida 32314-6320, Attention: Board of Medicine Compliance Of?cer, within thirty- days (30) from the date of ?ling of the Final Order accepting this Agreement. All (Impairments and Settingsi'l?cmpmary Internet FilcsiOI.l( I'iKailoo Agreeing-ii 4-20- lodge 2 '_5684 ?nes shall be paid by check or money order. The Board of?ce does not have the authority is RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE A FINE IS HER LEGAL OBLIGATION AND RESPONSIBILITY AND. RESPONDENT AGREES TO CEASE PRACTICING IF THE FINE IS NOT PAID AS AGREED To IN THIS SETTLEMENT AGREEMENT, SPECIFICALLY: IF WITHIN 15 DAYS OF THE DATE OF FILING OF THE FINAL ORDER, RESPONDENT HAS NOT RECEIVED WRITTEN CONFIRMATION THAT THE FULL AMOUNT OF THE FINE HAS BEEN RECEIVED BY THE BOARD OFFICE, RESPONDENT AGREES TO CEASE PRACTICE UNTIL SUCH WRITTEN CONFIRMATION IS RECEIVED BY RESPONDENT FROM THE BOARD. 3. eim Of Costs Pursuant to Section 456.072, Florida Statutes, Respondent agrees to pay the Department for any costs incurred in the invesugatlon and prosecution of this case. Such costs exclude the costs of obtaining supervision or monitoring of the practice, the cost of quality assurance reviews, and the Board?s administrative cost directly associated with Respondent's probation, if any. The agreed upon amount of Department costs to be paid in this case is currently. fourteen thousand nine hundred and thirty-seven dollars and six cents $15,783.53 but shall not exceed eighteen thousand dollars Respondent will pay costs to the Department of Health, Services, P.0. Box 6320, Tallahassee, Florida 32314-6320, Attention: Board of Medicine Compliance Of?cer within thirty-days (30) from the date of ?ling of the Final Order Czibocumenis Ind SettingszACWMLAWlLocal Seuianempoury internal ?Kellen Settlement Agreement 4-20-1011?: 3 __5685 in this cause. Any post-Board costs, such as the costs associated with probation, . ??fe Bet skidded. In. 5% agge?ehi . .- . .. .. .. . .. RESPONDENT THAT THE TIMELY PAYMENT OF THE IS LEGAL OBLIGATION AND RESPONSIBILITY AND RESPONDENT AGREES TO CEASE PRACTTCING IF THE ARE NOT PAID A5 AGREED TO IN THIS SETTLEMENT AGREEMENT, SPECIFICALLY: IF WITHIN 15 DAYS OF THE DATE OF FILING OF THE FINAL ORDER. RESPONDENT HAS NOT RECEIVED THAT THE FULL AMOUNT OF THE COSTS NOTED ABOVE HAS BEEN RECEIVED BY THE BOARD OFFICE, RESPONDENT AGREES TO CEASE PRACTICE UNTIL SUCH WRITTEN CONFIRMATION IS RECEIVED BY RESPONDENT FROM THE 4. Laws And Bules ggurse - Respondent shall complete course, ?Legal and Ethical Implitiatlons in Medicine Physician's Survival Guide-Laws and Rules" administered by the Florida Medical Association, or a Board-approved equivalent, within eighteen (18) months Of the date of ?ling of the Final Order Of the Board. In addition, Respondent shall submit documentation in the form of certified copies of the receipts, vouchers, certi?cates, or other papers, such as physician's recognition awards, documenting completion of this medical education course within eighteen (18) months of the date of ?ling of the Final Order incorporating this Agreement. 5. Di Me'al Ed aion??'k Man Respondent shall complete ?ve (5) hours of Continuing Medical Education in ?Risk Management" within one (1) year of the date of ?ling of the Final Order. CIliDOCUinnis and LAMLOCEJ Suiiug?l?emporary lmcmel Files?xoLKI'tKuloo Settlement Agreeing" 4 Respondent shall first submit a written request to the Probation Committee for area?" Hov?vever, the Board has approved ?ve (5) hours of risk management continuing education for attending the first day of a full Board of Medicine meeting. 6. Respondent's practice is restricted "in I that Respondent may not examine or treat female patients until such time as Respondent has been assessed by and complied with any terms and recommendations made by the Board approved impaired practitioners' treatment provider and the provmer recommends the removal of 'such restriction to the Board. Respondent may not petition the Board for the lifting of restriction of Respondent's license until one year from the date of the issuance of the Board?s Final order adepting the terms of this agreement and after demonstrating compliance with all the terms of this agreement. If at anytime after one year from the date of the issuance of the Board?s'?nal order adapting the terms of this agreement, the Board approves Respondent's petition for the lifting of restrictions, Respondent shall comply with any and all terms recommended by the Board approved impaired practitioners? treatment provider and the Board. In addition, Respondent agrees that if the above-described restriction is lifted, Respondent?s practice is permanently restricted in that Respondent may not examine or treat female patients without the presence of a Florida licensed health care provider who shall maintain a log of each and Sonia-igsbeACWMlAWiLood Settingsn?empomy Internet Fileslom itKalloo Settlement Agreement 4-20-l0.doc 5 __5687 such patient contact with said log immediately available to a Department in5pector I upon request. .1. Appearance: Respondent is required to appear before the Board at the meeting of the Board where this Agreement is considered. 2- WW - It is expressly understood that this Agreement is subject to the approval of the Board and the Department. In this regard, the foregoing paragraphs (and only the foregoing paragraphs) shall - have no force and effect unless the Board enters a Final Order incorporating the terms of this Agreement. 3. . - Unless otherwise provided in this __5688 written agreement Respondent shall first submit a written request to the Probation Committee for approval prior to performance of said continuing medical education course(s). Respondent shall submit documentation in the form of certi?ed copies of the receipts, vouchers, certi?cates, or other papers, such as physician's recognition aviards, documenting completion of this medical course within one (1) year of the date of ?ling of the Final Order in this matter. All such documentation shall be sent to the Board of Medicine, regardless of whether some or any of such documentation was provided previously during the course of any audit or discussion with counsel for the Department. These hours shall be in addition to those hours required for renewal of Iicensure. Unless othervvise approved by the (Environments and Setting?iAMACWMLAMlot-Al SettingsiTanpomry Internet FilestOLK ltitalloo Seulomem Agreement 4-minute 5 Board, said continuing medical education course(s) shall consist of a formal, live .. ., .. . .. 4. I Addresses Respondent must keep current residence and practice addresses on ?le with the Board. Respondent shall-notify the Board within ten (10) days of any changes of said addresses. 5., MW - In the future, Respondent shall not violate Chapter 456, 458 or 893, Florida Statutes, or the rules promulgated pursuant thereto, or any other state or federal law, rule, or regulation relating to the practice or the ability to practice medicine. Prior to signing this agreement, the Respondent shall read Chapters 456, 458 and 893 and the Rules of the Board of Medicine, at Chapter 6438, Florida Administrative Code. 6. giglagjgn of toms considered - It is expressly understood that a violation of the terms of this Agreement shall considered a violation of a Final Order of the Board, for which disciplinary action may be initiated pursuant to Chapters 456 and 458, Florida Statutes. 7. - Respondent, for the purpose of avoiding further administrative action with respect to this cause, executes this Agreement. In this regard, Respondent authorizes the Board to review and examine all investigative ?le materials concerning Respondent prior to or in conjunction with consideration of the Agreement. Respondent agrees to support this Agreement at the time it is presented tothe Board and shall offer no evidence, testimony or argument that disputes or contravenes any stipulated fact or conclusion of law. concealment: Ind Mule-rt SeuiagsiTempom lmemer FileleLK ItKalloo Settlement Agreement 4-20-lD.doc 7 Furthermore, should this Agreement nOt be accepted by the Board, it is agreed "?852 is sans area'a's?asigi new matters by the Board shall not unfairly or illegally prejudice the Board or any of its members from further participation, consideration or resolution of these proceedings. 8. cl in of a diti use 5 - Respondent and the Department fully understand that this Agreement and subsequent Final Order incorporating same will in no way preclude additional proceedings by the Board andfor the Department against Respondent for acts or omissions not specifically set forth in the Administrative Complaint attached as Exhibit A. 9. ?alvgr 9f attomez's fees and gusts - Upon the Board's adoption of this Agreement, the parties hereby agree that with the exception of costs noted above, the parties will bear their own attorney's fees and costs resulting from prosecution or defense of this matter. ReSpondent waives the right to seek any attorney's fees or costs from the Department and the Board in connection with this matter. 10. Waiver of fun-her procedural steps Upon the Board's adoption of this Agreement, Respondent expressly Waives all further procedural steps and expressly waives all rights to seek judicial review of or to otherwise challenge or CziDowrnems and SeningstAlexACWMLAMLoi-A! Swings'i?l'cmpomy interns: FilesiOLit Settlement Amen IMO-10.60: 3 _5690 WNW FEW-ADM Pit T-Jil Pill/N?- contest the validity of the Agreement and the Final Order of the Board SIGNED this 1? day dw- . 2010. We were Shaheed?Kalloo, MD. Before me, personally appeared ntity is known by identi?cation) and who, under oathIL acknowledges that hisfher signature appears above. Sworn to and subscribed before me this A day of zoe?? TARY PUBLIC My Commission Expires: oppeoveo this?l day of A412 . 2010. Ana M. Viamonte Ros, MD, MPH. Seeretary, Department of Health a Byg' Attorney Assistant General Counse! Department of Health md scammelu?mnd Scrutiny!?an Inland Fim?Lmutalbo Scukm 9 STATE OF FLORIDA. DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PET-ITIONER, v. . CASE NO.: zoos-59295 SHAHEED hO- RESPONDENT. COMES NOW, Petitioner, Department of Health, by and through its undersigned Counsel, and ?les this Administrative Complaint before the . Board of Medicine against Respondent, Shaheed Kalloo, 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, and Chapters 456 and 458, Florida Statutes. I 2.. At all times material to this Complaint, 'Respondent was licensed to practice medicine within the State of Florida pursuant to Chapter 458, Florida Statutes, having been issued license number ME 75961. 5 6 6 misconductdm - 3. ReSpondent?s last _known address of recordis 8665 Marlamoor Lane, West Palm Beach, Florida 33412. FACTS RELATEDTQ EATIENT JN 4. On or about July 7, .2005, JN presented to Dr. Kalloo for treatment. Dr. Kalloo's medical record, which consists of a werrinted . form with blanks for pertinent patient information including name,-date of - birth, date of service, chief complaint, history, physical. examination, I assessment/diagnosis, and treatment/plan does not indicate what chief complaint was, but the record indicates a diagnosis of The record for the July 7, 2005, ?visit, as well "as the records of ?ve prior visits starting April 30, 2004, contain no free form notes, i.e. notes made other than on the ore-printed medical record. 5. On or about July 19, 2005, JN again presented to Dr. Kalloo for treatment. On this date, in addition to the pre-printed record, Dr. Kalloo made several notes on plain paper. These free form notes indicated that JN had bronchitis, cold sores, fatigue, and multiple sexual partners. The notes also questioned whether JN had HIV, HSV (with a visual external ulcer), and/or CMV. Dr. Kalloo also indicated an order for blood work. 5 6 6 miscmducrdoc 2 6. HSV refers to herpes simplex virus. 7. HIV refers to human immunode?ciency virus. 8. CMV refers to cytomegalovirus, a member of the herpes virus family. 9. 0n the ore-printed medical record form for the July 19, 2005, visit, Dr. Kalloo indicated diagnosis as STD, abdominal pain, vaginitis?, and .headache. I 10. STD refers to sexually transmitted disease. 11. On or about July 28, 2005, JN returned to Dr. Kalloo. Dr. Kalloo again utilized free form note taking as he had on July 19, 2005. The notes indicated no change in viSuaI external ulcer, still fatigued. . I 12. On the pre-printed medical record form, Dr. Kalloo?indicated JN's diagnosis as abdominal pain, urinary incontinence, STD, and vaginitis. 13.. "According to JN, she presentedto Dr.? Kalloo on July7, 2005, 14. When JN told Dr. Kalloo her he told her that he had to?be' herpes. Dr. Kalloo then asked if he could conduct an examination. 5 6 6 4 misconductdoc 3 IS. JN, who was fully clothed at that time, consented to the examination. With no other person present in the examination room, Dr. Kalloo pulled pants and panties down. 16. At no time did Dr. Kalloo'offer JN a gown or cover of any kind. 17. According to JN, Dr. Kalloo examined her vagina very thoroughly, and she felt awkward. 18. On or about July 28, 2005, JN returned to Dr. Kalloo to obtain the results of the blood. work Dr. Kalloo ordered on or about July '19, 2005. After JN and Dr. Kalloo discussed her blood test. results, JN told Dr. Kalloo that she was having frequent pressure in her lower stomach. Dr. Kalloo said he would examine the examination table. 19. With no nurse or other person in the room, Dr. Kalloo pulled pants and panties down. JN began tofeel ?kind of weird having the I doctor pull her pants off," so she helped him remove her panties. 20. Dr. Kalloo ?began to touch-and feel" JN. Dr. Kalldo inserted his ?ngers into JN's vagina and palpated her stomach. 21. During the internal vaginal examination, Dr. Kalloo touched JN's clitoris, and ms leg jumped. Dr. Kalloo responded by saying, and locking the door to the examination room. - 22. Dr. Kalloo then returned to JN and continued stimulating her clitoris with his ?ngers. JN told Dr. Kalloo that he was making her legs jump, and Dr. Kalloo told her to put her legs'straight. Dr. Kalloo then continued stimulating JN's clitoris with his ?ngers. - 23. Dr. Kalloo continued this ?examination? for two to three minutes until JN, believing the ?examination? was not a proper medical procedure, jerked away to end the ?examination.? 24. JN left Dr. Kalloo?s of?ce and went to see her friend, MD. JN told MD about the and MD told JN to go to thepolice. 25. On or about August 3, 2005, JN informed the Palm Beach County Sheriff?s Of?ce about Dr. Kalloo?s acts. A PBCSO detective (?Detective?) respondedand interviewed JN. In the interview, JN visits_with_Dr._Kalloo.' . '26. On or about August 4, 2005, the Detective went to Dr. Kalloo's office?to him about JN's complaint. MallooJoldeeDetective that. his standard medical practice is as a primary care physician. Dr. Kalloo said he does not perform - his patients to a specialist in that area. 5 6 6 28. Dr. Kalloo also told the Detective that his policy and practice is to have a nurse present while examining a female patient, especially if Dr. Kalloo was to eitamine the patient's private areas. 29. JN also indicated that in the July 28 vaginal examination, Dr. Kalloo put his ?ngers deeper into vagina than she had ever felt before, including by her gynecologist. I 30'. Finally, Jl\l stated that, after the July 28 visit with Dr. Kalloo, JN presented to her urologist, Dr. regarding the pressure in her lower stomach. When JN told Dr. L. about Dr. Kalloo's ?examination? on July 28, Dr. L. advised that there was no reason for Dr. Kalloo to touch her the way he did. . 31. On or about August 9, 2005, JN presented to Dr. Kalloo while wearing audio surveillance equipment. JN had a considerable wait before being led to the examination room. 32. Once in the examination room, JN told Dr. Kalloo that she Was there to confront him about what he had done. According to JN, Dr. Kalloo lowered his head and said nothing. - 33. According to JN, Dr. Kalloo did not speak during the entire August 9 encounter. Instead, he responded to JN by either Silently 5 6 mouthing words or writing on the paper that physicians use to cover the examination table. - 34. According to JN, Dr. Kalloo wrote phrases such as, ?Forgive me, I'm sorry," lost control,? and made a big mistake." After he wrote the message, he ripped the paper off, balled it up, and placed it in his pocket. 35. According to JN, Dr. Kalloo silently mouthed phrases similar to those written on the examination table paper. 36. JN left- the examination room,-and Dr. Kalloo was immediately approached by the Detective and another PBCSO of?cer. The Detective asked for the pieces of paper, but Dr. Kalloo told them he had flushed the papers downthe toilet. MA pat down revealed. no -papers. 37?. Petitioner realleges and incorporates paragraphs one (1) 'thfrotighthirty-nine (39) as if fully set forth herein. 38.. Section (2005), provides that engaging or attempting to engage in sexualmisconduct as ,?Florida? Statutes (2004) and 5 6 6 miScnuduchoc 7 (200-5), constitutes grounds for disciplinary action by the 'Board of Medicine. 39. Similarly, Section Florida Statutes (2004) and (2005) provides that exercising in?uence within a patient-physician relationship for purposes of engaging a patient in sexual activity is grounds for disciplinary action by the Board of Medicine. The Statutealso states that a patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. 40. Section Florida Statutes, states-as follows: Sexual misconduct in the practice of a health care profession means violation of the professional relationship through whiCh the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family or-representative ofthe-patient-or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity-outside the scope of professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. 41. I Similarly, Section 458.329, Florida Statutes (2004) and (2005), states: .. . . The physician-patient relationship is feunded on mutual trust. Sexual misconduct in the practice of medicine means violation of the physician-patient relationship uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in seanl activity outside the scope of practice or the scope of 5 6 6 8 generally accepted examination or treatment of the patient. Sexual misconduct in the practice of medicine is prohibited. 42. Finally, Rule 6488-9008, Florida Administrative Code states: 6438-9308 Sexual Misconduct. . . (1) Sexual contact with a patient is sexual misconduct and is a violation of Sections 458.329 and (2) For purposes of this rule, sexual misconduct between a physician and a patient includes, but it is . not limited to: . Sexual behavior or involvement With a patient including verbal or physical behavidr which 1. May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting oroutside of it; 2. May reasonany be interpreted as intended for the sexual arousal or grati?cation of the physician, the patient or any third party; or 3. May reasonably be interpreted by the patient 'as I being sexual. Sexual behavior or involvement with a patient not actively receiving treaMent from the . physician, including verbal or physical behavior or involvement which meets any one or more of the criteria in paragraph above and which 1. Results from the use or exploitation of trust, knowledge, in?uence or emotions derived from the professional relationship; 5 6? mimoniuctdoc 2.- Misuses privileged information or access to privileged information to meet the physician?s personal or sexual needs; or -3.. Isan abuse: or reasonably appears to be an . abuse of authority or power. (3) Sexual behavior or involvement with a patient excludes verbal or physical behavior that is required for medically recognized diagnostic or treatment purposes when such behavior is performed in a . manner that meets the standard of care to the diagnostic or treatment situation. (4) The determination of when a person is a patient for purposes of this rule is made on a case by case basis.withconsideration given to the nature, extent, and context of .the professional relationship between the physician and the person. The fact that a person is not actively receiving treatment or professional services from a physician is not determinative of thisuissuer-A person is-presumed to remain a patient until the .patient physician- ..relationship is terminated. (S) The mere passage of time since the 'patient?s iast visit to the. physician is not solely determinative of whether or not the physician-patient relationship has been terminated. Some of the factors ?eonsidered by the Boardin determining whether'the physician-patient relationship - has terminated include, but are not limited to, the following: Formal termination procedures; Transfer of the patient?s case to another physician; 5 6? I 1 sexual Meter-tinctdoc to The length of time that has passed since the patient's last visit to the physician; The length of the professional relationship; The extent to which the patient has con?ded personal or private information to the physician; The nature of the patlent?s medical, problem; and The degree of emotional dependence that the patient has on the physician. (6) Sexual conduct between a physician and a former patient after termination of the physician- patient relationship will constitute a violation of the Medical Practice Act if the sexual contact is a result of the exploitatio'rTOf trust, knowledge, infernce 0r emotions, derived from the professional relationship. (7) A patient?s consent to, initiation of, or participation in sexual behavior or involvement with a physician does not change the nature of the conduct nor lift the statutory prohibition. - (8) In some situations, a physician's sexual contact with a patient may be the result of a- mental condition which may render the physician unable to practice medicine with reasonable skill and safety to patients pursuant to Section ES. (9) Upon a ?nding that a physician has committed unprofessional conduct by engaging in sexual 5 misconduct. the Board will impose such discipline as the Board deems necessary to protect the public. The sanctions available to the Board are set forth in Rule 64380001, F.A.C., and include restriction or limitation of the physician?s practice, revocation 0r suspension of'the physician?s license. 43. Respondent engaged in or attempted to engage JN in sexual activity outside the scope of professional practice by establishing a physician-patient relationship with JN, and then exercising the in?uence of his professional relationship to engage JN in or attempt to engage JN in sexual activity by fondling clitoris during the July 28,. 2005, .. . 44. Based on the foregoing, Respondent violated Sections 458.329, and Florida Statutes (2004) and (2005), by engaging in or attempting to engage JN in sexual activity outside of professional practice. 45. In or around October 2006, the issued a warrant for Dr. Kalloo?s arrest?ffor charges. oft?sexual-assault and. battery based on his actions with JN. I .46. On or about Octet-er 22. 2006, Dr. Kalloo turned himself in to the PBCSO. 5 6? I 12 47. Pursuant to_ the arrest, an article was published in the Palm Beach Post, a local newspaper. In reSponse to the publicity, tviro additional females contacted the with similar allegations regarding Dr. Kalloo. 48. On or about October 25, 2006, two Department investigators went to the PBCSO to Observe interviews with the alleged victims. Only one woman, SM, kept her interview appointment. 49. On or about October 25, 2006, SM gave a sworn statement to the Detective, with Department investigators watching on closedcircuit teleVision. SM stated that she started treating with Dr. Kalloo in 2004, and - her with Peripheral Vascular Disease SO. PVD is arteriosclerosis of the extremities, which is a disease of I the blood vessels characterized by narrowing and hardening of the arteries that supply the legs and feet. This causes a decrease in blood ?ow that can injure nerves and other tissues. 51. SM also presented to due tomigralne headaches. At one such visit, date unknown, Dr. Kalloo and SM were alone .in the . .u examination room._ According to SM, Dr. Kalloo opened pants and pulled them 'down far enough to get his hand inside SM's pants and in 561 I '3 between SM'sthighs. Dr. Kalloo rubmd his hands on SM's thighs, but never went under her panties. - 52. SM said that whenever Dr. Kalloo got near her vagina while he was. rubbing her thighs, he seemed to get excited. SM said that Dr. Kalloo rubbed her thighs for ten minutes, looking up oCCasionally and breathing heavily. This made SM very uncomfortable. 53. As explanation for the ?examination,? Dr. Kalloo told SM that he- was feeling for a fast pulse, which would tell him something about her PVD. Dr. Kalloo then felt the pulse in foot. 54. SM did not return to Dr. Kalloo because she felt violated by him. Instead, SM presented to Dr D. for treatment. When SM told Dr. D. of the ?examination,? he said it was unusual. TWQ 55. Petitioner realieges and incorporates paragraphs one (1) thrbugh three (3) and forty-five (45) through ?fty?four (54) as if fully set forth herein. 56. section Florida Statutes (2064) and (2005), provides that engaging or attempting to engage in sexual misconduct as defined andprohibited in Section '456.063( 1), Florida Statutes (2004) and 56? I misconductdtic l4 (2005), constitutes grounds for disciplinary action by the Board of? Medicine. 57. Similarly, Section Florida Statutes (2004). and (2005) provides that exercising in?uence within a patient-physician relationship for purposes of engaging a patient In sexual activity is grounds for disciplinary action by the Board of Medicine. The statute also states that a patient shall be presumed to be incapable of giving free, full, and I informed consent to sexual activity with his or her physician. 58. Section Florida Statutes, states as follows: Sexual misconduct in the practice of a health care profession means violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family unember, guardian, or representative of the patient or client in, or to induce or attempt to induce such'person to engage in, verbal or physical sexual the scope of professional practice of sUch health care profession. Sexual misconduct in the practice of a health care profession is prohibited. '59. Similarly, Section 458.329, Florida Statutes (2004) and (2005), -states: The physician-patient relationship is founded on~mutual trust. Sexual misconduct in the practice of medicine means violation of uses that relationship to induce or attempt to induce the patient - to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of 56 l5 generally accepted examination or treatment of the patient. . Sexual misconduct in the practice of medicine is prohibited. 60. Finally, Rule 6488-9008, Florida Administrative Code states: 6488-9368 Sexual Misconduct. (1) Sexual contact with a patient is sexual misconduct and is a violation of Sections 458.329 and as. (2) For purposes of this rule, sexual miSconduct between a physician and a patient includes, but it is not limited to: Sexual behavior or involvement with a patient including verbal or physical behavior which 1. May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it; - I 2. May reasonably be interpreted as intended for the sexual arousal er grati?cation of the physician, the patient or any third party; or . 3. May reasonably be interpreted by the patient as being sexual. Sexual behavior or involvement with a patient not actively receiving treatment from the physician, including verbal or physiceu behavior or involvement which meets any one or more of the criteria in paragraph above and which 1. Results from the use or exploitation of trust, knowledge, influence or emotionslderived from the professional. relationship; 5 6 7 7 autua- 2. Misuses privileged information or access to privileged information to meet the physician's personal or sexual needs; or 3. Is an abuse or reasonably appears to be an abuse of authority or power. (3) Sexual behavior or involvement with a patient excludes verbal or physical behavior that is required for medically recognized diagnostic or treatment purposes when such behavior is performed in a manner that meets the standard of care appropriate to the diagnostic or treatment situation. (4) The determination of when a person is a patient for purposes of this-rule-is? made on a-case by case basis with consideration given to the nature, extent, and context of the professional relationship between the physician and the person. The fact that a person is no. actively receiving treatment or professional services from a physician not ..-..determinative of this issue. A person is presumed to remain a patient until the patient physician- is terminated. . (5) The mere passage of time since the patient?s ?last visit to the physicianis not solely determinative of whether or not the physician-patient relationship has been terminated. Some of the factors considered bv-the Board in determining whether the physician-patient relationship has terminated include, but are not limited to, the following: Transfer of the patient?s case to another physician: 5 6 sexual miscnr-cucedn: . The length of time that has passedsince the patients last visit to the physician; The length of the professional relationship; The extent to which the patient has con?ded personal or private information to the physician; The nature of the patient's medical problem; and the patient has on the physician. Sexual conduct between a physician and a former patient after termination of the physician- patient relationship-will constitute a violation of the Medical Practice Act if the sexual contact is a result .emotions, derived the professional relationship. (7) A patient?s consent to, initiation of, or participation in sexual behavior or involvement with a physician does not change the nature of the conduct nor lift the statutory prohibition. (Bun. some situations, a physician?s-sexual contact with a patient may be the result condition which may render the physician unable to practice medicine with reasonable skill and safety to F5. (9) Upon a finding that a physician has committed unprofessional conduct by engaging in sexual 5 6? miscontluCLd-Js: The degree of emotional dependence that .of the exploitation of trust, knowledge, influence or l8 misconduct, the Board will impose such discipline as the Board deems necessary to protect the public. The sanctions available to the Board are set forth in Rule 648878.001, F.A.C., and include restriction or limitation of the physician's practice, revocation or suspension of the physician?s license. 61. Respondent engaged in or attempted to engage JN in sexual activity outside the of professional practice establishing a physician-patient relationship with SM, and then exercising the in?uence of his professional relationship to engage SM in or attempt to engage SM in sexual activity by fondling SM during an examination; 62. Based on the foregoing, Respondent violated Sections 458.329, and Florida Statutes (2004) and (2005), by engaging in or attempting to engage SM in sexual activlty - outside the scope of professional practice. WHEREFORE, 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 ?ne, issuance of a reprimand, placement of Respondent on probation, corrective action and/or any other relief that the Board deems aooropriate. 5 6 8 0 ill- misunlt-l'xcidm 19 Assistant General Counsel AHTMENT OF HEALTH. Florida Bar No. 325790 DEP DEPUTY CLERK Department of Health WW Prosecution Services Unit . DATE 4052 Bald Cypress Way, Bin C-65 pep: Decemba 8, 2006 I PCP Members: 5 6 8 1 I SIGNED this day M. ROny Francois, M.D., 5 etary, Department of Health 1? TM Patricia Nelson Tallahassee, FL 32399-3265 (850) 245-4640 Of?ce (850) 245-4680 Facsimile Ashkar, Bearison and Beebe - 20 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other quali?ed representative, to present evidence and argument, to Call and cross?examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. - NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section Florida Statutes, the Board Shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition any other discipline imposed. 5 6 8 misconduCLdoc 2