Final Order No. -M A FILED 5 - 3 4 Department of He th By: 5 1 STATE or FLORIDA Deputy Agency Clerk BOARD OF OSTEOPATHIC MEDICINE DEPARTMENT OF HEALTH, Petitioner, vs. Case No.: 2005-68370, 2005-68371 License No.: OS 6868 REGAN BURKE, D.O. Respondent. FINAL ORDER This matter appeared before the Board of Osteopathic Medicine at a duly-noticed public meeting on November 17, 2007, in, Bradenton, Florida, for consideration of a Settlement Agreement (attached hereto as Exhibit Petitioner was represented by Blake Hunter, Assistant General Counsel. Respondent was present with counsel, Michael Lowe, Esq. Upon consideration of the Settlement Agreement, the documents submitted in support thereof, the arguments of the parties and otherwise being advised in the premises, the Board rejected the proposed Settlement Agreement, and offered a counter?Settlement Agreement, to include the terms of the original Settlement Agreement, with the following amendments: 1. The length of probation shall be changed from 3 years to 5 years; 2. Twelve month suspension with the ?rst 11 months stayed; and 2. Respondent shall undergo a PRN evaluation with an appearance before the Board at its ?rst meeting after such evaluation, with the Board reserving the right to impose additional conditions of probation based upon the PRN evaluation. All parties accepted the counter?Settlement Agreement on the record. Further, the proposed nurse chaperone was approved, and temporary approval of Dr. Burris as monitor was given until Dr. Burris? appearance at the next Board meeting. IT IS HEREBY ORDERED AND ADJUDGED that the counter? Settlement Agreement be and hereby is approved and adopted in toto and incorporated by reference herein. Accordingly, the parties shall adhere to and abide by all the terms and conditions of the counter? Settlement Agreement. This Final Order shall take effect upon being ?led with the Clerk of the Department of DONE AND ORDERED this 77? day of 2007. BOARD OF OSTEOPATHIC MEDICINE Health. Pamela King I I Executive Director on behalf Richard Rodriguez, D.O., CHAIR a. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been fumished by US. Mail to REGAN BURKE, DO, 785 Alafaya Trail, Orlando, Florida 32828; Michael Lowe, Esq., 2180 West SR. 434, Suite 2150, Longwood, Florida 32779; by interof?ce mail to Michael T. Flury, Assistant Attorney General, Of?ce of the Attorney General, The Capitol, Tallahassee, Florida 32399-1050; Blake Hunter, Assistant General Counsel, Department of Health, 4052 Bald Cypress Way, Bin Tallahassee, Florida 32399-3265 this @2007. WM F:\Users\ADMIN\Michael Flury\Osteopathic Medicine\11.17.07 Meeting\S??P Burke.wpd {Beauty Agency Clerk ., ..- Jeff11041 STATE OF FLORIDA DEPARTMENT or HEALTH DEPARTM HEALTH, Petitioner, 1 .1 Case Nos. 2005-68371 . - 2005-68370 REGAN BURKE, o.o. - . Respondent. I I SEE Regan Burke, referred to as the. "Respondent," and the DepartmentIOf Health, referred to as ?Department?stipulate and agree to the following Settlement . Agreement and to the entry of a Final Of Osteopathic Medicine, referred to as "Board," incorporating the Stipulated Facts and Stipulated in- this matter. Petitioner a state agency charged ?with regulating the practice of- osteopathic. medicine. pursuant to Section 20.43,? Florida Statutes, and Chapter 455. Florida-?Statutes, and Chapter 459, Florida Statutes. STIPULAI-ED FACTS I all times material hereto, Respondent was?a ?llcensed'osteopathic physician in the State'of Florida having been'issued license number?OS- 6868. 2. I AThe Department charged, Reapondent With an Administrative was. ?led and preperly served upon Respondent with violations of new Burke. 13.0.: 2005?57330 and zoos-"6738: A . lg" n. Chapter 459 and Chapter 456, 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. I I CONCLUSIONS OF guy A Respondent'- admits that, in his/her capacity as a licensed osteopathic physieian,? he/she is subject to the provisions of Chapters 456. and 459, Florida Statutes, and the jurisdiction of the Department and-the Board; - admits that the ?facets alleged in the Administrative Complaint, if prouen, would of Chapter 459- and Chapter 456',- .. Florida Statutes, as alleged in the Administrative:Coniplaint. Respondent agrees'that the Stipulvat?ed Disposition in thiscase is fair, . I appropriate and acceptabie'to Respondent._ sTIguLAT-Eo-oI-spostrtou I The Board shall'reprimand the license of Respondent. . - Board-hof Osteopathicl-ll/ledicine shall impose . an Nine Thousand Dollars ($990639) against thelicense of? Respondent, be paid by? "Respondent to the .of Health, . SerVices, Post Office Box 5320, Tallahassee, Honda 32314-6320, Attention: Board of Within two (2) years from the datefof i?llng? efthe Final Order atceptingthis Agreement; All ?nes shall . i Regen entire. Nos, :oose'mm zoos-67351 g. 11042 asit?. . ., . . I 11043 be paid by check or money order. The Board of?cedoes nothaVe the authority to change the terms of payment of any ?ne imposed by the Board. Respondent has the option of petitioning the Board for additional time'to pay the ?ne in this matter. I - - RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE Is LEGAL OBLIGATION AND - RESPONSIBILITY AGREESTO CEASE PRACTICING IF THE FINE Is NOT PAID -- AS AGREED To IN THIS SETTLEMENT AGREEMENT, IF WITHIN 25; more OF THE DATE OF FILING OF THE FINAL RESPONDENT HAS: NOT RECEIVED WRITTEN CONFIRMATION THAT THE FULL AMOUNT OF HAS BEEN RECEIVED BY THE BOARD OFFICE, RESPONDENT AGREES (IE-ASE PRACTICE UNTIL SUCH WRITTEN CONFIRMATION IS RECEIVED BY RESPONDENT FROM THE BOARD. V: I 3. RgimbUrsem?ent Of Costs - Pursuant to Section 456.072, Florida Statutes, Responderlt agrees to pay the Department for any administrative costs - incurred in the investigation and preparation of this case. Such costs exclude the costs of. obtaining supervisibn 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 amountof DepartmErit costs to be paid in this case includes: but shall not exceed SiXteen Thousand Four Hundred - Dollars Respondent will pay- casts to the Department or Health, SErvices, P.O. Box 6320, Tallahassee, Florida 3231446320, Regan Burke, norm-N95. zoos-67339 and 2005-67381 Attention: Board of Osteopathic. Medicine Compliance Of?cer-within two (2) years 'fr'orln the-date of ?ling of the Final Order in this cause. Any post?Board costs, such as the costs associated with probation, are not included in this agreement. Respondent has the option of petitioning the Board for additional time to pay the costs in this rhatter, A RESPONDENT ACKNOWLEDGES THAT THE PAYMENT OF TNE ODSTS IS LEGAL OBLIGATION AND RESPONSIBILITY AND RESPONDENT AGREES To PRACTICING IF THE-COSTS ARE APAID AS AGREED TO IN AGREEMENT, SPECIFICALDI: IE WITHIN DAYS OF THE DATE OF FILING OF THE FINAL ORDER, RESPONDENT HAS NOT RECEIVED WRITTEN CONFIRMATION .FULL THE COSTS NOTED ABOVE HAS BEEN RECEIVED BY THE BOARD-OFFICE, RESPONDENT CEASE PRACTICE-UNTIL SUCH WRITTEN Is RECEIVED BV. RESPONDENT PROM THE - BOARD. '1 I 4. Commnnig service- RespOndent shall perforgn one hundred (100) hours Of community service, within one (1) year of the date of ?lingof the Final Order. Cornmunity SerVice shall be de?ned as the dellVer-y Of medical services directly. tO patients, orthe delivery of other volunteer services in the community, without fee Or cost to the patient-\or the entity, ?for the good of the people of the State of Florida. Communlty service shall be performed, outside the physician's 'reQU ar-Practice setting.- Respondent shall submit a Written plan for performance . ~32ng Bmke. 13.0.; One Nos. 2005-67380 mamas-67381 1045 and completion of the communityqserviceqto the Board. for approval. prior~ to performance of said community service. Af?davits detailing the completion of community service requirements shall be ?led with the. Board as required by the BoardWithin One year of the date ofthe - I ?ling Of a in thiscause, Respondent shall attend four. hours .of Continuing Education (CEj'l'ln Sexual Beundaries. Respondent shall ?rst submit a written request to. the Board ?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 physicians recognition awards, documenting completion of this. medical course within one (1) year of the date of filing of the Final. Order in this matter; All such documentation. Shall be sent to the Board of Osteopathic Medicine, regardless 'of whether some or any of Such-documentation was prbvided previously during the course ofany audit or discussion with counsel for the Department. Thesis. hours shall be in addition to those hours required for renewal of licensure. Unless otherwise approved by. the Board, said continuing medical education course(s) shall consist of enformal, live lecture format. 6. "{Si'usgension'Language - Respondent?s license shall be suspended for a period ?Ofitvvelve (12) months; however, the ?Board will stay nine (9) months of this suspenS?ion. Regan Nos. zoos-67339 and 2005-67381 If. 7} Probation Language - Effective on the date-'FieSpondent's ?license has been reinstated from suspension, Respondent's license to practice osteopathic 2 medicine Ishali be placed on probation for a period of three (3) years. The purpose of probation is not to?prevent Respondent from practicingfosteopathic medicine. Rather: Probation is a supervised educational experience designed by the Board to make Respondent aware'of certain obligations to ReSpondentfs patients and the profession and ta ensure Respondent's continued compliance with the ,high standards of the profession through. interaction with another osteopathic physician in the appropriate field of, expertise. To this end, during the period of probation, - A Respondent shall comply with thefollowing obligations and requlrernents: . (A) Restrictions During Probation - During the period of . probation, Respondent's license shall' be restricted as follows: I Indirect supervision- Respondent shall practice only under the indirect soperivlslon of a' Board~approved osteopathic physician, thereinal?ter referred to as the "monitor", whose . responsibilities are set by the Board. Indirect supervision ,does not require that the monitor practice onrthe same premises as Respondent, however, the monitor shall practice within a reasonable Ir geographic proximity to Respondent, which ?shall be Within Ziir miles unlessotherwise provided by the Board and ?shall be readily-available for consultation. The monitor shall be Board Certi?ed in Respondent?s Specialty area unless otherwise provided by theBoard. In this regard, i a . . I Regan Burke, 13.0.: case Nos. substrate and 200mm; 1 1 11046 Respondent shall allow themonitor access to, Respondent's medical records, calendar, patient logs or other documents necessary for the monitor to supervise Respondent as detailed below. ii, Required Supervision: a) if the terms of the Settlement Agreement include? indirect monitoring-of the licensee?s practice, liespondent shall not practice osteopathic medicine without. an approved mOnitor/supervisor, as speci?ed by the Agreement, unless otherwiSe 'ordered by the Board. The monitor/supervisor must be a litensee under chapter 459, Florida Statutes, in good standing, and without a restriction or limitatlon on his license. In addition, the Board may reject any proposed" monitor/supervisor on the basis that he has previously been subject to any disciplinary action against his medical license,in this or any other jurisdiction/ls currently under investigation, or isthe subject.,df a pending-disciplinary action. 'l'he monitor/supervisormust-be actively engaged in the Same or similar specialty area unless otherwise provided by the Board and be practicing within a reasonable .tdistance of Respondent's practice, a distance of twenty (20) miles unless Otherwise speci?cally?provided form the Settlement Agreement. Regan Burke, Cas'c Nos. zoos-man and 2005457331 11048 The-Board may aiSo reject any proposed monitor/sopervisor for I good cause shown. Mechanism For Approval Of Monitor/supervisor: Temporary 'Appmval The Board confers authority on the Chairman of the Board to temporarily approve Respondent's {monitor/supervisor. I To obtain this temporary apprOVal, Respondent shall submit to the Chairman of the Board the name" and curriculum vitae of the? proposed monitor/supervisor at the time this agreement is considered by the Board. Once a Final Order adopting the Agreement is filedgi {Reapondent shall not practice osteopathic I medicine 'vvithout an "approved Imonitor/supervisor. Temporary approval shall only remain in effect until the a next meeting of the BoardFormal Approval Respondent shall have the i monitor/Supervisor With Respondent at. Respondent?s first probation appearance before the Board. Prior to the cdnsideration ?of the monitor/supervisor by the Board, Respondent Shall provide to'the monitor/supervisor a copy. of the Administrative Complaint and Final Order in this case. Respondent shall submit a current'curriculurn vita and a description "of current practice from the proposed- Regan Burke, Case Nos. zoos-67330 and 2005-5738: - . :"Lc-ad huge: aurtc?. car Nos. egos-Erma mammal monitor/supervisor to the Board of?ce no later than fourteen (14) days? before Respondent's ?rst scheduled probation" A appearance. Respondent?s monitor/supervisor shall also appear before the Board at such other times as directed by the Board. It shall be Respondent's reSponsibillty to ensure the appearance of the monitor/supervisor as directed. 'Failure . of the monitor/supervisor to appear as.directed shall constitute a violationio'f the terms Of this Settlement'Agreeme'nt and shall I'Subject Reaponclent-to disciplinary action. I _iv. ?hange Monitor/supervisor In'the event that . Respondent's monitor/supervisor is unable or unvllillinglto ful?ll the responsibilities?of a monitor/supervisor as describediabove, - Respondent advise the Board of this fact. Respondent shall immediately submit to the Chairman of the ?Board the nanjee'of a temporaryi.? monitor/supervisor for consideration. Respondent shall not practice pending approval (of'this temporary monitor/supervisor by of?th? Board.? Furthermore; ReSpo_ndent shallmakearranoerhents with temporary 'n'ionltor/SUpervisor to appear before-the Board at .7 its next regularly: scheduled meeting for consideration of the - monitor/supervisor, by ther?Board. Respondent shall only practite under the auspices of the temporary 11049 . ammo-e, 2005-67380511112005767381 - - monitor/supervisor (approved by the Chairman.) until the next; regularly scheduled meeting of the Board at which the lesue of the Board?s approval of Respondent?s new monitor/supervisor shall be addressed. . x. I v. Responsibilities Of The Monitor/Supervisor - The- Monitor shall: The monitor shall randomly choose and review 1 percent ?of- Respondent?s active patient records atleast once every Quarter for the purpose of astertaining that A'Respondent is examining and treating female patients in the presence of a fernale Florida licensed health care provider. 'The Respondent . most document/in the medical record the name of the female Florida licensed health care provider that was in? the room daring the examination and/or treatment of the female patient. The monitor shall go to Respondent?s of?ce onceevery Quarter and shallreview Respondent?s calendar or patient log-and shall, select the records to be reviewed. I by. Submit reports on a ouarterly basis, in affidavit form; which shall include: 1) A brief statement of why Respondent is on probation; 11050 Regan Butte. 0.0.: Case has, 2005-57330 and zoos-57381 2) A description of Respondent's practice (type .and composition); 3) A statement addressing RespOndent?s compliance with the termsof probation} 4) A brief description of the monitor's relationship with Respondent,- 5) A Statement advising the Board of any problems which have-arisen; and 6) A summary of the dates themonitor went to Respondent?s of?ce, the number of records reviewed, and the overall quality of the 'record'slrevlewed, and the, dates Respondent contacted the monitor pursuant to subsection 3), above. 'l c) Report immediately to'the Board any violations by Respondent of Chapters 456 (H.459, Florida Statutes, and the 'rules,lpromulgated thereto. a 1 d) Respondent?s 'lmonitor' shall appear before the Board at, the ?rst meeting, of said Board following commencement of the probation,- and .at such other times as ensure the appearance of Respondents monitor to appear as 11,, directed by the Board, It shall be Respondent's responsibility'to 0? requested or directed. If the approved monitor fails to appear as requested or directed by the Board, Respondent shall immediately ceasepracticing A osteopathic medicine until? I such time as the approved. monitor or alternate mag itor agge?ars I I. Vi. Reparts'from Respondent - Respondent shalt submit lquarteriy reports, in af?davit form; the contents of Which may be Ragga spat-app; Case Nos. 29955730 and zoos-6733! Which have arisen; and i . ?-i'-estricti6hs - furtherspecined-by the Board, but which shall include: a) A brief Statement 'of why Respondent is- on probation; b) A description or practice location; c) . A destription of current practice (type and composition); d) I brief statement of compliance with probationary terms; I A description of the relationship-with monitoring' osteopathic; physician I f) A statement advising the Board of any problems l, g) A statement addressing compliance with any 12: 11052 Regan Burke, 09.; Case Nos. 2005-67380 and 200mm" vii; Continuity Of Practice: a) Tolling Provisions - In the event Respondent leavesthe State of Florida for a period of thirty days or more or otherwise does not engage in the active practice of medicine in the State of. Florida, then certain provisions of Respondent's probation (and only thoseprovisions of the probation) shall be tolled as enumerated below and shall remain in a tolled status until Respondent returns to active practice in the State of Florida: The time period of probation shall be tolled; 2.) The provisions _'regarding supervision whether direct or 'Ilndirect by another osteopathic physician, and required reports from the monitor/supervisor shall be tolled; 3) The provisions regarding preparation of investigative reports detailing Compliance with this Settlement Agreenient shall be tolled} and 4) Any?provisions.regarding community service shall be tolled. I b) - Active Practice - In the event [that Respondent leaves the active practice-of medicine fer a period of one year or more; the Board-*may require Respondent to appear befqre 3 the Board anddemonstrate hisability to practicemedicine with I skill and safety to patients prior to resuming the practice of medicine in this State. 7 8. Permanent Restriction of Practice (Sexual - Respondent's practice is permanently restricted in that Respondent may not examine or treatfemale patients without the presence of a female Florida litensed- health care provider who is licensed as a' licenSed' practical-nurse or higher- The I Florida licensed health care provider cannot be related to Respondent. The Florida licensed health care provider-rife), must appear at a Board meeting; provide a curriculum vitae to the Board, at least Mann/(20) days prior to the Board meeting where. the provider-(As) will appear, and must .be . approved by the Board. Respondent will ?give each female Florida?healthcare provider a copy of the Administrative Complaint and Final Order in this matter. The-fernaie Florida licensed health care provider shall maintain a log of each such patient contact with said-log immediately available to a ?Department inspector upon request. Respondent is alldwed to examine and treat his wife or any of his children vvithout the presence of thievlFlorida-licensed health "care provider. I Further, each provider must I'subrnit reports on a, quarterly basis, in af?davit form, which shall include: a I a) A brief statement of WhyRespondent is restricted; . b) A description of practice l0cation; 1? A description-of?turrent practice (type and _composition);" . ,3 - 14-. Regan Nos. 20059673? .- 11054 d) A description of the relationship-with the Respondent; A statement adviSing the Board of any problems which have arisen; and A statement'addressing? compliance with any restrictions or- requirements imposed. . A 2 i The ?female Florida licensed health care provider must report immediately to the Board any violations by Respondent of Chapters 456' or 459, Florida Statutes, and the rules promulgated thereto. A?Ifemale Florida health care provider must Submit . these report's-to the Board for as long as Respondent is practicing osteopathic medicine.? I . 1L. 9. Aegean-Ln? Respondent is required ?to appear before-the Board at 7 the meeting of the Board-where this Agreement is considered; 9 force or effect-until final order - It is expressly understood that this Agreement is subject to the approval of the Board and the Department. ?In this regard, the foregoingparagraphs (and only the foregoirigparagraphs) shall have no-force and'effec't unless the Board enters a Final Order incorporating the - terms of_ this-Agreement. A 11.> . Ad?gg?sges - Respondent must keep current residence and Practice addresses on file with the Board. Respondent shall notify the Board within ten . 0f any changes-of said addresses. - .. 15 Begun Budge. eon-peg Nos, 2905-673809hdi-2905-6738i 11055 A 12. Future Conduct In the future, Respondent shall not violate Chapter - 456, 459 or 893, Florida Statutes, or the rules premolgated 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, 459 and 893 and the Rules of the Board of Osteopathic Medicine, at - Chapter 64315, Florida Administrative dee. Violation of terms-considered It is expressly understoodthat a vioiatidn of the terms of this Agreement shall be'con'sidered a violation of a, Final Order of the Boardgfor which disciplinary?action may be initiated pursuant to . Chapters .456 and 459, Florida Statutes. .14. Purgose'of Agreementl Respondent, ifor. the purpose?of avoiding. further administrative action: with ?respect tozfthis cause, ?eic'ecutes this Agreement. I- In this regard, Respondent "authorizes the Board to review and examine all investigative file materials concerning Respondent p'rior'to or in conjunction ,vvith consideration of the Agreement. Respondent agrees to support-this'Agreement at ?the time. it is presented to the Board andis?hall offer no evidence, testimony Or ,argu'ment that disputes'or contravenes'any stipulated fact oral-conclusion of law. FurthermOre, should this Agreement-not: bei?accepted? by the" Board, it is agreed A that presentation to and "conSlderation of-?this Agreement and other documents and mattersby the Board shall not. unfairly or illegally prejudice the Board?or any-of-its . members from? further participation, consideration or resolution of these proceedings. I .xacgnn Burke, and 2005457331 11056 '15. No preclusion of additional proceedings 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 . and/or the Department againstr?Respondent for acts or omissions not specifically set forth the Administrative Complaint attathed as Exhibit A. 16.. Waiver of attorney?s fees and costs -'Upo'n the Board's adoption - of this- Agreement, the parties hereby agree that with?the exception of costs noted matter. ?incorporating sai?dE'IAgreement. I - above, the'partles'will bear their, own attorney's fees and rests resulting from? prosecution or defense of this matter. -. Reaponden't waives the right to seekany attorney's?fees or--costs from the 'Deparh'rientand the Board in connection with this 12. aiver?of further graced urai stage Upon'the Board's adoption. of this AQr??ement, Respondent further procedural steps and.- expreSSIy waives-tall: rights to Seek? judicial review of or to. otherwise thailenge lor conteat' the validity of 'the Agreement. arid the Final. Order of the Board 209:2..- l" day of Regaieasrkeraro. Before 'g-personaiiy appeared -- east-Ki gin/KC whose. .ident'ityJS ~knoWn to me by I .0 (type?of- ,identt?cati'on) and ?Whoronde?r oath, acknowledges that his/her signature appears abOVeL- - (75 day of. f3. Sworn to- and subseribed beforeme this 1' - 45; . wattage i. Explt'es??l?im 11057 APPROVED this ?ow 'of Ana M. Viamonte Ros, M.P.H. State Sur Gene al J. Blake Hunter . Assistant General Counsel Department of Health Priority One Case Mari M. Presley Deputy General Counsel Department of Health By: Blake Hunter Assistant General Counsel A DOH Prosecution Services Unit 4052 Bald Cypress 'Way Tallahassee,? 32399-3265 Florida Bar No. 0570788 a (850) 245-4640 TelephOne (850) 245?4682 FAX 18 RemlBurke, Case Nos. 2005-67380 and 2005-67381 11058 STATE OF FLORIDA 5 DEPARTMENT OF HEALTH, I I I a If PETITIONER, ?l CASE NOS. 2005168370 - REGAN .R. BURKE, . RESPONDENTCOMPLAINT NOW 1 Petitioner, ?Departmentof Health, By and through its undersigned geounselt and ?les this Administratiue' Complaint before the Board'Of O'Steopathit: Medicine against Respondent: Regan R. Burke, and in support thereofallege's: I I 7 - 1 Petitioner is. the. state department Charged with regulating the. practice Of osteopathic, medicine pursuant to Seetion720.43', Florida ?Statutesthapter 456,'Florida Statutes; and Statutes. 7 A 2. At all times material to this. Complaint, Respondent Was a A licensedosteopathic physician within the State of "Florida, ?havi'ng?been issUed license number OS 6868. 11087 9092 9.1.903 11088 Respondent?s address of recbrd is 785? Alafaya, Trail, Orlando, Florida 32828. W0 19?- pmem L39, 4. - On or _ab0ut October 11,2005, Patient L.C. presented to Respondent at the Waterford Family Medical Center with complaints of. I I stomach pain and she not had her period sinCe A Respondent entered the examination room and gave Patient LC. a. kiss on?her check. Respondent had Patient L.C. lieon'th'e examining table and he?started to feel her stomach. I Respondent then started to pull sWeatpants down, I I. which made. Patient L.C. feel uncOmfortable. Patient stopped [Respondent from pulling her sweatpants down and she told-Respondent. that she was not wearing. any underwear. RespOnden't then pulled Patient 3 L.C.'ssweatpants? waistband out toward himself, looked down her pants I - and stated, ?No you underwear on do you.? 7. Respondent then began to pull Patient pants even lower, so that the top of her pants were below her, vaginal area. 8. RespOndent began to push on Patient stomach and then 7 began touching the top of her vagina in her pubic hair region. Page 2" Respondent then lifted Patient shirt up to her chin and stated, ?You don?t have underwear on there either do you?? Respondent began listening to her heart and lungs with his stethoscope. - 10. I Respondent then took both of his hands and began touching PatientL.C.?s. breasts. Respondent was: using his entire hand and grabbing-t. It Patient breasts While stating. to her how. gorgeous, beautiful and pretty her breasts Were; I ReSpondent rthenaaslged ?Patient' L.C. whether he could touch. her nippleand he began tOUChing'bOth of her nipples. Respondent then went- . . back to-grabbing Ratient breasts. Respondent touched Patient breasts for. approXirnately three (3) to minutes. 12, After the appointment was oven: Patient: LC. left Respondent's office and wentato her mother?s can PatientL.C. began ,crying,ibecauise I Respondent had touchedher inapprOpriately._ .7 I . . PatientvL..C. ?reported thisincident to the-Orange County Sheriff?s Office Respondent was arrested by? OSCQ on or abOUt N0verhber_2-8, 2005Pages; 11089 0 . . PATIENT gw. I 14. Cnxor abOut'October 24, 2005, Patient C.W. presentedto Respondent with a complaint of anxiety attacks. '15. Dbrihg the visit/Respondent. told Patient" (1W. that she was beautiful?and that she had-a nice body. 16. 7 During the examination, Respondent asked Patient C.w._to. lie on 'her'back and Respondent used a stethoscope to listen to her stomach. . 17?. Respondent then lifted'up' Patient-Cums shirtand bra: Which exposed her breaSts. Respondent began-groping Patient left breast - with one hands-and played with-her nipple with his 18. Patient Own-tamed Respondent ifsit was necessary to touCh her breasts and RespOndentstOpped. . Several minuteslater, ReSpondent?again- began to ?tooch and play with breast. Patient C.W. sat up, became. upset with the Respondent, office.- . '20. Patient C.W.:reported this incident to Josco. Page .4 11090 puttooigs; Patieii: RELATED TO PATIENT A.G. 21. On! or about June 1-7, 2004, Patient A.G. presented to Respondent at the Waterford Family Medical Center with a COmplaint ofhip pain. Respondent greetedeatient?AG. With a hug, which made Patient . i I i. ?1 11A.G.\erei uncomfortable. '..Dluringthe'examination; Respondent?asked Patient Asitp remove aherpants and" Patient A.G. pUiledh'er pants doy?Vnt?o hen-ankles? but ivk?bt her. undemear on; asked Patient AG: ahd_PatientaA,G. conijpii'led,? 1? -- {ReSpon'dent Patient began to itpuCh.? and - massage *1 Patient felt to a A - a. was-T'Eomplyingt top ,j LE 51!. 1 and it_ I - Patient report?ih? incidenhto the, 0950' W-?fraggs . . . . . - 11091 . 26. On or about-October 11, 2005, Patient B.C. presented to Respondent's office for her gynecological appointment. During the examinatibn, Respondent spent approximately ten? A minutes eXamining each one of Patient which made her - uncomfortable. 28. Duringthe examination, Respondent asked Patient B.C. if She wanted to touch her breasts and Patient B.C. agreed because she'did not want ReSpondent to think thatashe did not care about her health. Respondentplaced his hand over PatientB.C.'s hand and spent an - . additional two to three minutes touching each of breasts." 29.. Respondent also. c0nduCted a vaginal exam and pap, smear-on 3 I Patient which lasted approximately ten (10) minutes. During the vaginalexamination, Respondent told Patient: B.C.-A that she looked really I good down there-fin an?inappropriate tone. .g 30. Patilent.B.C. reported, this. incident to the OCSO. Page 6 11092 11093 RELATED To PATIENT S.E. 31. In or about August 2005, Patient S.E. presented to the Waterford'Farnily Medical Center with. complaints of a sinus issue and to have her neck cracked. . 32'; WhileRespondent was liStening': to Patient "Respondent asked Patient S.E. to Undo her pants so.~that Respondent c0uld' . listen to. her stomach; which-made'Patient S.E.-feel uncomfortable, Patient S.E. then entered a- different exalminatiOn room where 1 ReSpondent atten?pted to crack Patient S.E.fs neck, but was unsucCessful.' I began to ne?ck andiface and told her that she should; make an appointment for the e?nd .of theyyday so that .Respondentrcould takehis time a_nd_ynogt. hold up other 34; 7 While Respondent was rubbing Patient Respondent- started to moan and told Patient-S.E. that'she was very ?exible. A gReSpondlernt'thenisat Patient S.E. up onqthe tableand asked her 1' if?his actions were than sex. Respondent kissed Patient on the cheek, walked-her to the door an?d'reminded Patient S.E. to make a late apointmen't., I Page 7_ ?11094 Patient S.E. felt dirty and violatedby Respondent?s actions. Patient S.E. I 7. Respondent for a fOIlow-?Up appointment, beca'Lis'e Patient S.E. had gone to 'At-the emergency roor?: Patient 3.6-. was informed that had a possible. I to-PatiientJeis heart and back with his stethoscope; A-?Respondent he. couldgnot getfi-?it 16: fit, Respondent aSked, Patient 3.9. to I 7 *7 lift up her top and bra. I complied, but felt-Uneasy doing so- examination table so that he'7COuld check her-stomach} While ReSpOndent .. - .- andi'pulled them d0wn justbeIOW her-hips. Respondent continued to touch . 36. .As Patient SE. was leaving her'appointmentvyith Respondent,? reported the incident to the osco. - FACTS RELATED TO PATIENT 1G. 37.; or about September. 27, 2005, Respondent presented to the emergency room the, previous day for stomach pain- on her right side. on her ovaries.? 'ReSpondent began the examination-of Patient 1.6. by listening attemptedto place his, stethos?0pe under the undemireg-Of Patient . 39.; Respondent then Patient J.G. tolay- barfel? on, the was examining Patient Respondent u'hbuttoned her' pants - A :1 . Pages . a - i and feel Patient stOmach and atone point, he placed his hands close to vaginal area. "40. After the examination, Respondent disCussed with Patient what-medications he was. going to prescribe Patienth. Patient asked. A Respondent her weight and Respondent stated that Patient J.G. I gorgeous-andthattall the fall all-over henfifRespondeht - . also. Patient J.G. that if she lost some weight, She would really by gorgeous. 41". .While?Patient J.G. was walking Out of the examination room, - Respondent walked with her, ?spl'aced ?his arm ?around- her in a half hug pt'illingher towards Ihim?and kissed-- her on "the hack of her cheek. .42. ?Patient J.G. cancelled any follow-up visits with theleespondent; -?because.ofvthe?way the RespOndentgamade her fe?l "during the appointment. 11095 ,j - _l754-3'. In or about July 2005, .Patient'N.C- suffered a Deck an'UVYi?Ue I tofan automobile accident and she was referred ?to the Respondent for treatment. Page's". I . - 44}. On orabout August 23., 2005, Patient N.C. presented to ReSpondent'at the Waterford Family Medical Center for treatn'ient telated to her back injury. . - . I Dutingthe initial visit, Respondent handed Patient N.C. a robe .sapd aSkedhexrgto' removejher? shirtand bra and pot on the robe. 7 Patient With ReSpondent?s reque?t. I I 46. theiexarnination; Respondent asked Patient N.C. to undo Respondent-Lthatishe'felt onod?rnfortabie undoing-iheipants; beead'ses?he was any undetgvear. I a worry-a'ndbelg'an to "pullReSpondent told-iPatient-NtC-l. that: she had a?oretty bytt?iand "that I i I .r then I henljegsf hetzvagin?a asked]; Patient Ng?t?had "1 of these plat-zest [When-Respondent in these 1 immediater that shedid snot-have painintheseplacest11096 I, breast area. While Respondent was examining Patient N.C. Chest, 49. While Respondent was touChing Patient N.C. on herbuttoclgs and between her legs near her vagina, Respondent stated to Patient N.C. I that her insurance authorized him? to conduct additional examinations. 50. ReSpondent then began to examine Patient chest and Respondent stated, ?Nice job,? referring-to Patient breast augmentation. I Respondent stated to Patient N.C. that itlwas the best 1 breast.augmentation- he had ever seen and inquired ,Which physician performed the breaSt.augmentationsurgery. ?On or. abdut November 22, 2005, during Patient final visit' and examination with Respondent, Respondent again asked Patient'N.C. to . ,Iower'her'pants. Patient N.C.notified Respondent that IShe was not wearing any underwear. 52. Respondent beganto use two fingers to touch Patient N.C. in . between her legs from the backside to the front. Respondent was?rotating 11097 - his-fingers and moving them Side to side: Respondentalso movedhis fingers Within a few inches of Patient Vaginal opening. 53. a When Respondent placed his fingers near Patient vaginal opening, Patient: N.C. stated to Respondent, ?Dr. Burke arenzityou a a . Page 11 I married man.? Respondent quickly pulled His hand and fingers away from Patient Vaginal opening and said yes. . 7 54. Patient N.C. reported?these'inoidents to the OSCO. . I - In or about Feorua'ry or March 2004; Patient J.R. oresented "to" . a Check-?up. I I i - . 56. During the? examination, Respondenttaressedeachof Patient I tattoos, including one left. breast and zone on.;lher 5.7.. - On'lor'lza'bout August-:26, 2065, Patient returned to Resoondent?s place of ernpioyrnent to nave family leave paperwork?" Conipleted. I I Int 58.5 It'was Patient to have the family-r leave '3 A .p-apEnNorlg ohySician Respondent's RIac? of - employment; hoWever; thetaphySician was not there and?iPatient JR. agreed '3 toilsee Respondent, I - A 59$ EVenithoughlPatien't J.R. only Wanted Resp'Ondent to help her I leave papenNork, Respondent in'Sisted thatghey- examine pueic region. Patient hadzalooil on of a .. her vagina. that. had beentreated by and had-"Healed. . yr - fi?. - - .Page 12 11098 A 11099 60; Respondent requested Patient J.R. to remove herclothing and puton a gown. Patient J.R. complied with this request. 61. Respondent then placed his fingers in Patient vagina and Patient SLR. asked Respondent why was placing his fingers inside her the boil was on?top'of her vagina and was-external. . ?Respondent answered that he had to check everything to be? sure- 62. - Respondent then began ?to?vr'ub Patient J.R.'s clitoris and her labia, Respondent also began moVing'his fingers inside Patient-Jim?s vagina. 5' . ?Pati?ntl?. reperted this'incident to'the osco: To PATIENT KA. 64.7 5 On or abotit?Sept?rinberml, 2005, Patient K.A. presented to Respondentwithf complaints of post partum depression andgivagihal' I eschew weeks-prior, had-presentedil?to Res-pOndent's partner- Icompla?intsicjf vaginal discharge." Respondenth- - partner-examin'edsl5atient' and? tests-done discharge, which. came" back normal. Page-ll? 66. When Patien'ti'KA. presented "to Respondent, Respondent told Patient K.A. that he Was going to. re?check and examine pubic - region and vagina again.. . 62. During the examination 0f Patient K.A.iby the-Respondent, Patient K.A. felt'un?easy?and uncomfortable Every time, Patient K.A., tho'Ug'httha't?the examin'atiOn was would plate his fingers bad; inside Patient vagina and re?examine her. . I .When ReSpondent?concluded'his examination of 'wasapparent-to gained pleasure in examining Ashort timeaft?r? Respondent finished exarnining" Patient Respondent aSked Patient-K.A. 'to ?-re?enter' the examining rc'mmi.? 'At that Patien?tAK-A-I that the and .thLis,?he I was Wabbit-0 test"'the Vagina' dis-Charge Samples-?that Werelcolbcted 1 I duringlhis.examination. - - 3' 70.: Patient K.A. reported "this intident ti? . Patient C.C. thatshe had a nite . 11101 i FACTS RELATED 71. Patient C.C. was under the care of Respondent from A approximately September 13, 2004, through November 2005, for injuries, she?su?sta?ined due to a military hazing incident. 72. During multiple visits with Patient C.C., Respondent fondled and 7 touched Patient C.C.inappropriatelv. 73. On one viSit, Respondent manipulated Patient C.C.'s breasts and 7 Hippies, CC to become Upset and red?Pest Respondent to stop. Respondent then suggestedthat thejeo'uld do other .1 things to'Patient he would leave that to-her husband. 74. Ona?nother Office, visit, Respondent ran his hands overPatient. C.Cfs pubic area and inner thigh. Respondent further made a comment {to w? :75. On every 'visit When he "listened toPatient heert, Respondent womd request Patient C.C. to remove her shirtior blouse. -. 7 Respondent would request Patient C.CL his areaSo that they were touching, Patient .rwasito lift up her bra and-allow her brea?Sts to fall- onto Respondent so that her breasts were touching him.? P??e . . .76. Respondent would often comment to Patient that she had big breasts and would rnake'ucomments regarding how Patient pubic hair was grOomed. 7.7. During Patient lastzvisit'with Respondent, Respondent . fondled and-Patient C.C. noticed that Respondent had. --an erection.- Patient felt Respondent?s erection on her-right knee. . 78.? Respondent reported these incidents to the I I FACTS RELATED 17.9: mug: J.H. I 79: I Onor about August 23, presented to - Respondent for injuries she;sustained an automobile accident. I I 80.4 lWhen. ReSpondent entered the eXamining room, Respondent hugged and Patient head; 81. Respondent -?reouested Patient J.HJ to take off her shirt and, put - on a gown, even tho?ughRespondent had never asked Patient to do . ?11102 this before. - ~82, Respondent did not leave the room while Patient J.H.'s'l'was ?tak'ing?off' her:shirt._ Respondent had asports bra underneath her shirt and Respondent failed to. giVe the gown .to Patient J.H. Page 16 I. '0 '83. Patient J.H. then stoodlin front _of Respondent with her back i I toward him. During prior office visit examinations, Respondent would press on different parts ofPatient back and ask if it hurt. 84. During this office visit examination; Respondent'began to 1 - 7 massage: Patient back and rub the sides of Patient breasts. 1 - I 85.. Respondent attempted to pull Patient sports bra up,-but . was unSuccessful. I 86. Respondent then asked Patient to take off her bra I . because it was in the way. Patient :l.H.vcornplied with Respondent?s request. . 1. 87. Respondent then began to rub and soue'egePatient sides. Respondent put his arm around Patient her toward his body and began Patient J.H.?sbreasts. I I .88.. 'Responde'ntthen attempted to, pull down Patient J.HL's Shorts. . I :but? he" was initially un'SUccessful because her shorts we'reti?d. ReSpondent' nsuccessfully pulled Patient shorts. down beldw her buttocks and began rubbing her? buttocks. - ?Respondent kissed Patient J.H. onher head and told her that she was cute. - 1 I - Page 17 11103 . 0? Respondentthen asked Patient .f?Who?s your PatientlH. was scared and in shock. I A I 91. Respondent began to rob Patient neok and asked Patient if it felt good. :Respondeht advised Patient to, ?Moan yes.v.'.you a needsome feeling in it? i 92. Respondent then told Patientll-l. to lie doWn on her back On the examining mom'table so'that he could listen to her heart. - Respondent 7 pulled Patient arms away from her chest an-djhelplacied his haindsion her. breasts whilehe listened to her-heart. I I "After-the examination wascompleted, _-Respondent watcher-d- Patient put her shi?rtiba'ck on he kissed her on her head gobdee. Respondent also told Patient toimal?ge another appointment for a massage; 1 I 1} 4' . RELATED 5.6; ?On tor about Augost 2003, ReSpondent became the primary? Pc'are ?physiCian for-Patient 5.6.5 I ?t 95; Boring office yisit57between on, or aboth November .2003, December 18, .2003, 'Resoondent acted ?irtatious With Patient 36.. During. one of these office visitsRespondentstated totPatient' ?You?re . . . . Page-18 11104 .3 . breasts are very nice and nice looking. If only I were teniyears younger I?d be after you." These comments made Patient S.G. very uncomfortable. 96. Between approximately August 2003 and July 2005, Patient S.G. presented to Respondent on numerous occasions With different - medical complaints. During; these. officeviSits, Respondent would perform: unscheduled an'dunnecessary breast examinations on Patient S.G. During the breast examinations, Respondent would make inappropriate and unprofessiOnai comments to Patient S.G. At the conclusion of the? breast examinations, Patient felt that Respondent had groped her breasts. 07. .. During the time that Respondent was treating Patient S.G., ReSpondent-perforrned pelvic? examinations on Patient S.G.. Following the. pelvic examinations, Patient? 'felt sexually Violated," because i A I, Respondent had ,spent a long periOd _of time prObing.Patient vagina with his fingers during "the examinations. In or {about April. 2005, Patient. S.G.. was involved in an automobile accident. As a result'of the accident, Patient S.G. had pain in her back and neck.? I 99. r-From. on or about Aprilrl?l, 2005, through-On or about July . S.G. presented to? Respondent?s 'office either weekly or every 11105 - "w - - I I __other_ week with complaints of back and neck pain. During each of the office visits, Respondent instructed Patient 5.6. to pull down her pants'to the. middle Of. her buttocks and then bendover in. front of I Respondent Would then place his inch away and Would pressL andl'squeezel ?hE-r liespony?dent?s 'sqdeezirigh and pressing . of Patient :S.Rz?s :bbttocks made? Patient?S.R._ untomfortab'?ir 1001 Prior to? and each examinationT by Respondent of. . insisted that: Patient giveshim a" hog. 'couNToNE I 101. Petitioner re-allege?sand incorporates paragraphs one throuoh- nin'ety-thteelQB) forth herein: 102. it Florida. Stattites (2903 1' a"l?pensee to dissigline for eXerCiSing?in?uenceyliithin a patient 1 for purposes ofiengagingai?patient A patientShaII 'pber-presumed to be incapable of giving-free; and inforr?ed?conse'nt to sexual activity with his o?rv?hi'e'r pthician.? I ., _v 11106 103. Respondent within the physician-patient .1 relationship for purposes of engaging a patient in sexual activity in one or more of thefollowing ways: .. examination of her; 11107 By kissing Patient LC. on her cheek; by pulling Patient sweatpants down below, her vaginal area; by: making inappropriate rcommentsto Patient L.C. such as?that-she ?was .not wearing undenNearand that her breasts were. gorgeous, beautiful jand..?- pretty; by touching the top. of Patient . vagina in her pubic "hair touching Patient . breasts; .or?iby touching Patient nipples, during his October 11,? 2005?, examination-ofs-her; . . By making:?inappropriate; comments?toPatient CW, such as that"she had .a nice body 'and that .she ?was beautiful; by touching Patient breasts; or by touching Patient 24', her; A .By hugginga?Patient by touching 1and. massaging Patient A.G.?s?Upper' or by snapping during his June 17-, 2004, examination of her; By touching'Ij-ahd ?=examini'ng Patient. for?" an unreasonableiamount of time-?or by stating that she looked good doWn therein an inappropriate-tone during his vaginal examinationf?of, Patient?" during his, Qctober 11, @005; ekaminationofhe'moaning and making inappropriatecomments to Patient S-.E. regardigg'h'ow '?e?xible, She was; ..vii.hile rubbing and massaging her neck; by asking. Patient if?v?his? actions Were abetterthan sex; .by?kiss'ing Patient ion the cheek; or. Patient a late appointment, during his August 2005, Page?l 11108 .h?er; . of her; 1 By touching Patient breasts or near her Vaginal area_;by making inapprOpriate comments to Patient 3.6. such as if She lost a little weight she would be gorgeous and that ?all the guys- . must fall over her; by hugging Patient 3.6., or by kissing Patient 3.6. on her cheek, during his September 27,2005, examination of her; a - - By stating to'jPatient N.C. "that she had a ?pretty butt;? [by touching Patient buttocks and. in between-her legs near- her vagina; Or, by stating ?Nice job," referring to Patient breast augmentation surgery, while performing an examination of Patient chest, dUring his August 2005, examination of By' touching Patient N.C. in between her legs from the backside to the rotating: his z-?ngers and moving them side to side orby'moving his ?ngerswithin a few inches of Patient vagina, during his September 2005, examination 1 caressing Patient tattoos, including the tattoos on her l?ft breast and lower back, during his February or March 2004., eXamination' of her; . By" ?placing hisli?ngers? inside Patient vagina, rubbing her clitoris and labia; or moving his ?ngers in and out of Patient his examination of? her; . placing his ?ngers into '?Pati?ent vagina; by gaining . pleasure by putting his??ngers- into Patient vagina; or' by placing his ?ngers into PatientK.A.'s vagina and obtaining discharge samples even though the lab was closed, during his September 2005, examination of her; . fondling and t0uching Patient breasts and nipples inappropriately; by making inappropriate-comments to Patient. ng; such as could ?do otherthings to 'her' breaSts, but Respondent onld leave that up to her husband or Page 22 11109 on .the? foregoing, RespOndent violated- '-Sectipn Patient . that Patient had a nice body; big breasts and her pubic - hair was well groomed; by running hishands over Patient pubic area and inner thigh; or._by touching Patient breasts inappropriately and obtaining an erection that was felt by Patient right knee, during his September .13, 2004; though November 2005, examinations of Patient- VhUgging or kissing" Patient head; .by? not leaving the examination room whilePatient J.H. was taking-off her shirt; by - massaging Patient back ?and the sides of her breasts; by putting, his arm ar0und Patient J.Hfs Waistgpulling .her toward this body and, rubbing her breaSts; by pulling shorts" below her buttocks; by making inappropriate Comments such as ?Who?s your telling her that she Was Cute; "by asking PatientlH, to moan; ,byj-ftcm?h?ing Patie?t . ?breaSts',rwith listening ito?her heart; watching Patientf'JH. ?put her shirt backfo'n; or by kissing Patient I the dUring his AuguSt 23, 2005,--examinationf,f0f . I A hugging Patient by making inappropriate comments to Patient 'by-lperforming_. unscheduled and; unnecessary breastviexaminations no .?Patient by groping {Patient breasts; ta king a. long! timeff? to .lpjerform .pelvie--examinations - by platin'g'bisf?heatl. close to . buttocks; 'or and pr?ssins' Patient 5355, bum-9'5" - Florida statute's {(32603 through exercising influence Within a r0} purposesf'of engaging ?the patient in 'sexual activity. Page 23 11110 . \coum Two . 105. Petitioner re?alleges and incorporates paragraphs gone I through ninety-three (93) as if. fully set forth. herein. 106. . section Statutes (2003 through? 2005), provides'that engaging or attempting to engage in sexual-misconduct as defined and prohibited in, section Florida statutes (_2003_ throUghIZOOS), constitutes grounds for disciplinary action by the Board of' Osteopathic Medicine, I 107.- I Section 456.0011); Florida Statutes, states as follows: Sexual} :-'misconduct in the ?practice of a health care profession- "m?eans?yiolationr of the pr?ofes'sional relationship through which "the health care praCtitiqner] uses such relationship to. engage ?or - attempt to engagethe patient- or client, or an immediate family - ?rnember,__gua_rdian, 0r t?presehtative-?of threlpatient or client in, or tollinduce to induce such person to 'engagein, . (verbal or physical ?seXUal activity: outside? the. scope of. professional practice 0f?. sUch health. care profession; =Sexual? misconduct-gin of; -'health care profession is prohibited. - - A . - 108.; ReSpo'ndeht. engaged inior attempted to engage thepatientsl?in sexualactiyity outside the scope of; professional-praCtioe?in one Or more 'of the following ways: La. 1 By kissing. Patient LC. on her-cheek; by pulling-Patient - . '--vsweatpants.jjdoyvn below; her vaginal;- area; by making . inappropriate comments to Patient such-as that shegwas 111110 not wearing underwear and that her breasts Were gorgeous, beautiful and pretty; by 7 touching the top of Patient vagina in her pubic hair'region; by touching Patient breasts; or by touching Patient nipples, during" his October 11, 2005, examination of her; I By making inappropriate commentsto Patient .A-CLW. such as" ?that'she had a nice body and that ?she was beauthiful; by. touChing breasts-yor by, touching Patient nipples, d?uring hiS'O'ttober 24, 2005,, examination other; hugging Patient -A.G., by touching and massaging Patient - . A.G.'s'upper'buttocks, or by Snapping Patient yA.G.?s- underwear, during his June-17, 2004, examination of her; By touching and .. examining Patient breasts for an unreasonable-amount- of 'time- or by stating that she, l_oOked good down there in an inappropriate tone during his-vaginal. examination of Patient B-.C., during his October 11, 2005, .examination?oi?lher; - A i . By moaning and?ma?king 'inapprOpriate commentsto Patient S.E. - *regarding how ?exible-she was, While rubbing --and;fimassaging her neck; by. asking Patient-SE, better than byl'kissing, Patient on the Cheek; or by asking-Patient a late appOintment, during his-?Augtmt 2005,, 1 examination ofher; 'By' touching Patient breaSts?ofr near, her vaginal, area; by . making: inappropriate comments to Patient J.G. sLIC?hi?asaif?She . bet a little weight she Would be gorgeous guys . must fall over ?et; hugging Patient 1.6., or by kissing? Patient i . ongher che?k, during his September 27,2005, -?ex_amination "-vofher? .. ?fo stating to Patient that she had a_??pretty butt;? touching. and. in between her legs ?near' A her by. stating Patient :Page 11112 breast augmentation surgery, while performing an examination of Patient N.C.'s cheSt, during hi's'Au'gust 2005, examination of her; - . - h. By touching Patient -N.C. in betweenher legsfrom-the backside . to the front, including rotating his ?ngers and moving them side to side or by moving his ?ngers within a few inches of - i Patient vagina, during his September .2005, examination of her; . a -- i. By caressing Patient tattoos, including the tattoos on .her left breast and lower back, during hisFebruary or Marchi2004, examination of herplacingghis ?ngers?'inside Patient rubbing her A clitoris ?and labia; or moV?ing? his; fingers-?in and out of Patient-=- -. J.R.'s vagina, during his August 26, 2005, examination of her; k. By-?placing his fingers .into vagina; by gaining - pleasure?by putting his ?ngers. into "Patient vagina; or by . placing "his ?ngers into Patient 'f?vagi'na and'f?uobtaining' discharge samples lab was closed, during hisi ?SEptember .1, 2005,- exam?inatioh other; . l.f fondlin 'andf'tOuching and nipples . inappropriately;by-making. inappropriate colmme?its to'Pa?tient' Suchas that ReSpondent could dootherithings.?toshen ""breastS, but Woold leave to her- husband or - . that Patient nice- body; big breasts herapigibicw-v hair was well groomed; by ?running "hits-?hands oVe?Patient, pubic?z'a'rea and inner thigh; or "by touching Patient breastsinappropriatelytand- obtaining. an aerectio'n. that wast-felt bit-Patient right during 13:. 230-4! I. I i thoughtNovember 2005, examinations of Patient cc. ,1 m: hugging tor kissing Patient leaving .the- .1 examination room shirt; by . massaging Patient and the breastsPage 26 H. . - J17, . I T513 109. - putting his arm around Patient waist,?pulling her toward 'his bOdy and'rubbing 'her breasts; by pulling Patient shorts below her buttocks; by making inappropriate'comments such as ?Who?s your daddy?? and telling her that she, was cute; by asking Patient J.H. to moan; by touching- Patient breasts With his hands while listening to her heart; by watching PatientlH. put her shirt back on; or bykissing Patient J.H. on a .- the head gobdbye,? dUring his August~;23, .2005, .eXaminationVof Patient . . - . - By hugging Patient by makinginappropriate comments to a Patient by performing unScheduled and unnecessary . -- breast examinations on Patient Patient breasts; by taking a long time to perform ._peIVic examinations on Patient his head to Patient buttocksj'or by-Squeezing ah'cl. pressing Patient S1.R.'s 'bUftOCkS. Based on the foregoing,? Respondent violated-I Settion. I. . Florida Statutes (2003 through 2005), committing sexual _.misco.nduct as de?ned and prohibited? in Section Florida Statutes-Lanna through 2005). . coum THREE .1110.? Petitioner K-realleges-fand" incorporates paragraphs one (1) throughninety?three Set,forth3herein. 111;; 5 seem. Florida Statutes (200-3 through 2905), subjeCts. a licensee to discipline for failing to perform any statutory Orlegal obligation .placed upon him. 1.12,, Section 459.101.1111; Florida Statutes (2003-2005), states: #11114? The osteopathic. physician-patient relationship is founded on 7 mutual trust. Sexual misconduct in the practice of osteopathic medicine means violation of the ,osteOpathic physician-patient relationship through which the physician uses that relationshipto induce or attempt to induce the patient to engage, or to engage orattempt to engage the. patient, in sexual activity outside the 1? scope-of practice or-the?scope of generally aCCepted examination orjtre atment of the patient. Sexual misconduct in the practice of osteopathic medicine is prohibited. Respondent violated?the statutory prohibition against sexual miScondUCt as de?ned in Section 459.0141; Florida Statutes'(2003. through 2005),)in one or-more of the following ways: I a. I. By kissing Patient on her Cheek; by pulling Patient sweatpants down" below; her vaginal area; by making inapprOpriate comments; toaP'atient L.C. such as that shewas not wearing undehrvear and "that her breaStSWere gorgeous, beautiful "and; pretty; toUching the top' of' Patient vagina" in her pubic hair region; byntouching' Patient breasts}, or byf'touChing Patient nipples, during his October 11-, 2005; examination'of her; By, making"inapprOpriate comments to Patient C.W. such as I .that- she had "a nice body-and? was beaut'hiful; by touchihg Patient breasts; .or by tdiJching. Patient nipplesy?duriaghis October 24, 2005, examination of her; huggi?ngj-v-Patiept AG, by touchingand massagingPatient or by- snapping Patient ?A.G.f_s underwear, . "during?his Juoef 17752004, examinatiOn other; By toUching andg?examining Patient breasts for an . unreasonable amount of time or by stating that she looked. --;good down there inappropriate tone during his vaginal: Page 28 . examination of Patient B.C., during his October 11, 2005, examination of her; e. .By moaning and making inappropriate comments to Patient S.E. regarding how ?exible she was, while rubbing and masSaging' her. neck; by aSking Patient S.E.:iflhis actions were better ?than Sex; by kissing. Patient S.E.. on-the cheek; or by asking. Patient . S.E. to make a. late appointment, during'his August 2005, examination 1- . I By touching Patient breasts or nearher vaginal. area; by' -. making inappropriate =co,mments-to Patient J.G..such as- if she 1 3 losta little weight?sh'eWOLilclbe gorgeousa?ndthat ?all the. guys must fall otter her; by hugging?Patient 1.6., or by kissing "Patient IJ.G. on her cheek, during his? September 27, 72005,-exarnination Ci?of'herL .2 i - - By stating to ?Patient had.__a ?pretty butt;?? by touching buttocks-i between her-legs near 1 her vagina; 'or' 313b,?, referring;th Patient ?breast augmentationSurgery,'rWhile ~50f Patient chest, during-his AuguSttZOOS,?examination of her; . -- -. h. touching- "inabetween her legs from__.the- backS?idef' the front, inclUding rotating. his ?ngersandi'mown'g? them. Sidsgto?side Orbv moving. ?is i??hesaof Vaginapdur'ing hiS?i?t-Segt?ember 'qfher: 1? i. I By careS'Sing the tattoos. brie-est and "Qwel bach- dutinez? his .Eebruaryor: March -;2.904, EeXamination of- h'erisf? . a I j. By-placing his ?ngerszinsio?ef Patient vagina, "clitoris and labia-{or ?ngersfin and out-20f Patient vagina; uri rig-this August; 26, "'2360'535-exafninatlc5n of her; tag?zsr I ta. . . .4 .. 11115 k. By placing his ?ngers into Patient vagina; by gaining pleasure by putting his ?ngers into Patient vagina; or by. placing his ?ngers into Patient vagina and ?iobtaining discharge samples even though the lab was closed; during his 7 September 1, 2005, examination-of her; lg? By fondling and touching Patient breasts and nipples . inappropriately; by making inappropriate comments to Patient such as that Respondent could do" other'jthings to her libreas?ts?l,? but Respondent-wool?d leave that upgto her husband or that Patient hadi?a big breasts and her pubic ?hair was well grdomed; by running his hands over PatientC.C.?s I puhic area and inner thigh; Or by t0u . Ad?gg?sges - Respondent must keep current residence and Practice addresses on file with the Board. Respondent shall notify the Board within ten . 0f any changes-of said addresses. - .. 15 Begun Budge. eon-peg Nos, 2905-673809hdi-2905-6738i 11055 A 12. Future Conduct In the future, Respondent shall not violate Chapter - 456, 459 or 893, Florida Statutes, or the rules premolgated 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, 459 and 893 and the Rules of the Board of Osteopathic Medicine, at - Chapter 64315, Florida Administrative dee. Violation of terms-considered It is expressly understoodthat a vioiatidn of the terms of this Agreement shall be'con'sidered a violation of a, Final Order of the Boardgfor which disciplinary?action may be initiated pursuant to . Chapters .456 and 459, Florida Statutes. .14. Purgose'of Agreementl Respondent, ifor. the purpose?of avoiding. further administrative action: with ?respect tozfthis cause, ?eic'ecutes this Agreement. I- In this regard, Respondent "authorizes the Board to review and examine all investigative file materials concerning Respondent p'rior'to or in conjunction ,vvith consideration of the Agreement. Respondent agrees to support-this'Agreement at ?the time. it is presented to the Board andis?hall offer no evidence, testimony Or ,argu'ment that disputes'or contravenes'any stipulated fact oral-conclusion of law. FurthermOre, should this Agreement-not: bei?accepted? by the" Board, it is agreed A that presentation to and "conSlderation of-?this Agreement and other documents and mattersby the Board shall not. unfairly or illegally prejudice the Board?or any-of-its . members from? further participation, consideration or resolution of these proceedings. I .xacgnn Burke, and 2005457331 11056 '15. No preclusion of additional proceedings 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 . and/or the Department againstr?Respondent for acts or omissions not specifically set forth the Administrative Complaint attathed as Exhibit A. 16.. Waiver of attorney?s fees and costs -'Upo'n the Board's adoption - of this- Agreement, the parties hereby agree that with?the exception of costs noted matter. ?incorporating sai?dE'IAgreement. I - above, the'partles'will bear their, own attorney's fees and rests resulting from? prosecution or defense of this matter. -. Reaponden't waives the right to seekany attorney's?fees or--costs from the 'Deparh'rientand the Board in connection with this 12. aiver?of further graced urai stage Upon'the Board's adoption. of this AQr??ement, Respondent further procedural steps and.- expreSSIy waives-tall: rights to Seek? judicial review of or to. otherwise thailenge lor conteat' the validity of 'the Agreement. arid the Final. Order of the Board 209:2..- l" day of Regaieasrkeraro. Before 'g-personaiiy appeared -- east-Ki gin/KC whose. .ident'ityJS ~knoWn to me by I .0 (type?of- ,identt?cati'on) and ?Whoronde?r oath, acknowledges that his/her signature appears abOVeL- - (75 day of. f3. Sworn to- and subseribed beforeme this 1' - 45; . wattage i. Explt'es??l?im 11057 APPROVED this ?ow 'of Ana M. Viamonte Ros, M.P.H. State Sur Gene al J. Blake Hunter . Assistant General Counsel Department of Health Priority One Case Mari M. Presley Deputy General Counsel Department of Health By: Blake Hunter Assistant General Counsel A DOH Prosecution Services Unit 4052 Bald Cypress 'Way Tallahassee,? 32399-3265 Florida Bar No. 0570788 a (850) 245-4640 TelephOne (850) 245?4682 FAX 18 RemlBurke, Case Nos. 2005-67380 and 2005-67381 11058 STATE OF FLORIDA 5 DEPARTMENT OF HEALTH, I I I a If PETITIONER, ?l CASE NOS. 2005168370 - REGAN .R. BURKE, . RESPONDENTCOMPLAINT NOW 1 Petitioner, ?Departmentof Health, By and through its undersigned geounselt and ?les this Administratiue' Complaint before the Board'Of O'Steopathit: Medicine against Respondent: Regan R. Burke, and in support thereofallege's: I I 7 - 1 Petitioner is. the. state department Charged with regulating the. practice Of osteopathic, medicine pursuant to Seetion720.43', Florida ?Statutesthapter 456,'Florida Statutes; and Statutes. 7 A 2. At all times material to this. Complaint, Respondent Was a A licensedosteopathic physician within the State of "Florida, ?havi'ng?been issUed license number OS 6868. 11087 9092 9.1.903 11088 Respondent?s address of recbrd is 785? Alafaya, Trail, Orlando, Florida 32828. W0 19?- pmem L39, 4. - On or _ab0ut October 11,2005, Patient L.C. presented to Respondent at the Waterford Family Medical Center with complaints of. I I stomach pain and she not had her period sinCe A Respondent entered the examination room and gave Patient LC. a. kiss on?her check. Respondent had Patient L.C. lieon'th'e examining table and he?started to feel her stomach. I Respondent then started to pull sWeatpants down, I I. which made. Patient L.C. feel uncOmfortable. Patient stopped [Respondent from pulling her sweatpants down and she told-Respondent. that she was not wearing. any underwear. RespOnden't then pulled Patient 3 L.C.'ssweatpants? waistband out toward himself, looked down her pants I - and stated, ?No you underwear on do you.? 7. Respondent then began to pull Patient pants even lower, so that the top of her pants were below her, vaginal area. 8. RespOndent began to push on Patient stomach and then 7 began touching the top of her vagina in her pubic hair region. Page 2" Respondent then lifted Patient shirt up to her chin and stated, ?You don?t have underwear on there either do you?? Respondent began listening to her heart and lungs with his stethoscope. - 10. I Respondent then took both of his hands and began touching PatientL.C.?s. breasts. Respondent was: using his entire hand and grabbing-t. It Patient breasts While stating. to her how. gorgeous, beautiful and pretty her breasts Were; I ReSpondent rthenaaslged ?Patient' L.C. whether he could touch. her nippleand he began tOUChing'bOth of her nipples. Respondent then went- . . back to-grabbing Ratient breasts. Respondent touched Patient breasts for. approXirnately three (3) to minutes. 12, After the appointment was oven: Patient: LC. left Respondent's office and wentato her mother?s can PatientL.C. began ,crying,ibecauise I Respondent had touchedher inapprOpriately._ .7 I . . PatientvL..C. ?reported thisincident to the-Orange County Sheriff?s Office Respondent was arrested by? OSCQ on or abOUt N0verhber_2-8, 2005Pages; 11089 0 . . PATIENT gw. I 14. Cnxor abOut'October 24, 2005, Patient C.W. presentedto Respondent with a complaint of anxiety attacks. '15. Dbrihg the visit/Respondent. told Patient" (1W. that she was beautiful?and that she had-a nice body. 16. 7 During the examination, Respondent asked Patient C.w._to. lie on 'her'back and Respondent used a stethoscope to listen to her stomach. . 17?. Respondent then lifted'up' Patient-Cums shirtand bra: Which exposed her breaSts. Respondent began-groping Patient left breast - with one hands-and played with-her nipple with his 18. Patient Own-tamed Respondent ifsit was necessary to touCh her breasts and RespOndentstOpped. . Several minuteslater, ReSpondent?again- began to ?tooch and play with breast. Patient C.W. sat up, became. upset with the Respondent, office.- . '20. Patient C.W.:reported this incident to Josco. Page .4 11090 puttooigs; Patieii: RELATED TO PATIENT A.G. 21. On! or about June 1-7, 2004, Patient A.G. presented to Respondent at the Waterford Family Medical Center with a COmplaint ofhip pain. Respondent greetedeatient?AG. With a hug, which made Patient . i I i. ?1 11A.G.\erei uncomfortable. '..Dluringthe'examination; Respondent?asked Patient Asitp remove aherpants and" Patient A.G. pUiledh'er pants doy?Vnt?o hen-ankles? but ivk?bt her. undemear on; asked Patient AG: ahd_PatientaA,G. conijpii'led,? 1? -- {ReSpon'dent Patient began to itpuCh.? and - massage *1 Patient felt to a A - a. was-T'Eomplyingt top ,j LE 51!. 1 and it_ I - Patient report?ih? incidenhto the, 0950' W-?fraggs . . . . . - 11091 . 26. On or about-October 11, 2005, Patient B.C. presented to Respondent's office for her gynecological appointment. During the examinatibn, Respondent spent approximately ten? A minutes eXamining each one of Patient which made her - uncomfortable. 28. Duringthe examination, Respondent asked Patient B.C. if She wanted to touch her breasts and Patient B.C. agreed because she'did not want ReSpondent to think thatashe did not care about her health. Respondentplaced his hand over PatientB.C.'s hand and spent an - . additional two to three minutes touching each of breasts." 29.. Respondent also. c0nduCted a vaginal exam and pap, smear-on 3 I Patient which lasted approximately ten (10) minutes. During the vaginalexamination, Respondent told Patient: B.C.-A that she looked really I good down there-fin an?inappropriate tone. .g 30. Patilent.B.C. reported, this. incident to the OCSO. Page 6 11092 11093 RELATED To PATIENT S.E. 31. In or about August 2005, Patient S.E. presented to the Waterford'Farnily Medical Center with. complaints of a sinus issue and to have her neck cracked. . 32'; WhileRespondent was liStening': to Patient "Respondent asked Patient S.E. to Undo her pants so.~that Respondent c0uld' . listen to. her stomach; which-made'Patient S.E.-feel uncomfortable, Patient S.E. then entered a- different exalminatiOn room where 1 ReSpondent atten?pted to crack Patient S.E.fs neck, but was unsucCessful.' I began to ne?ck andiface and told her that she should; make an appointment for the e?nd .of theyyday so that .Respondentrcould takehis time a_nd_ynogt. hold up other 34; 7 While Respondent was rubbing Patient Respondent- started to moan and told Patient-S.E. that'she was very ?exible. A gReSpondlernt'thenisat Patient S.E. up onqthe tableand asked her 1' if?his actions were than sex. Respondent kissed Patient on the cheek, walked-her to the door an?d'reminded Patient S.E. to make a late apointmen't., I Page 7_ ?11094 Patient S.E. felt dirty and violatedby Respondent?s actions. Patient S.E. I 7. Respondent for a fOIlow-?Up appointment, beca'Lis'e Patient S.E. had gone to 'At-the emergency roor?: Patient 3.6-. was informed that had a possible. I to-PatiientJeis heart and back with his stethoscope; A-?Respondent he. couldgnot getfi-?it 16: fit, Respondent aSked, Patient 3.9. to I 7 *7 lift up her top and bra. I complied, but felt-Uneasy doing so- examination table so that he'7COuld check her-stomach} While ReSpOndent .. - .- andi'pulled them d0wn justbeIOW her-hips. Respondent continued to touch . 36. .As Patient SE. was leaving her'appointmentvyith Respondent,? reported the incident to the osco. - FACTS RELATED TO PATIENT 1G. 37.; or about September. 27, 2005, Respondent presented to the emergency room the, previous day for stomach pain- on her right side. on her ovaries.? 'ReSpondent began the examination-of Patient 1.6. by listening attemptedto place his, stethos?0pe under the undemireg-Of Patient . 39.; Respondent then Patient J.G. tolay- barfel? on, the was examining Patient Respondent u'hbuttoned her' pants - A :1 . Pages . a - i and feel Patient stOmach and atone point, he placed his hands close to vaginal area. "40. After the examination, Respondent disCussed with Patient what-medications he was. going to prescribe Patienth. Patient asked. A Respondent her weight and Respondent stated that Patient J.G. I gorgeous-andthattall the fall all-over henfifRespondeht - . also. Patient J.G. that if she lost some weight, She would really by gorgeous. 41". .While?Patient J.G. was walking Out of the examination room, - Respondent walked with her, ?spl'aced ?his arm ?around- her in a half hug pt'illingher towards Ihim?and kissed-- her on "the hack of her cheek. .42. ?Patient J.G. cancelled any follow-up visits with theleespondent; -?because.ofvthe?way the RespOndentgamade her fe?l "during the appointment. 11095 ,j - _l754-3'. In or about July 2005, .Patient'N.C- suffered a Deck an'UVYi?Ue I tofan automobile accident and she was referred ?to the Respondent for treatment. Page's". I . - 44}. On orabout August 23., 2005, Patient N.C. presented to ReSpondent'at the Waterford Family Medical Center for treatn'ient telated to her back injury. . - . I Dutingthe initial visit, Respondent handed Patient N.C. a robe .sapd aSkedhexrgto' removejher? shirtand bra and pot on the robe. 7 Patient With ReSpondent?s reque?t. I I 46. theiexarnination; Respondent asked Patient N.C. to undo Respondent-Lthatishe'felt onod?rnfortabie undoing-iheipants; beead'ses?he was any undetgvear. I a worry-a'ndbelg'an to "pullReSpondent told-iPatient-NtC-l. that: she had a?oretty bytt?iand "that I i I .r then I henljegsf hetzvagin?a asked]; Patient Ng?t?had "1 of these plat-zest [When-Respondent in these 1 immediater that shedid snot-have painintheseplacest11096 I, breast area. While Respondent was examining Patient N.C. Chest, 49. While Respondent was touChing Patient N.C. on herbuttoclgs and between her legs near her vagina, Respondent stated to Patient N.C. I that her insurance authorized him? to conduct additional examinations. 50. ReSpondent then began to examine Patient chest and Respondent stated, ?Nice job,? referring-to Patient breast augmentation. I Respondent stated to Patient N.C. that itlwas the best 1 breast.augmentation- he had ever seen and inquired ,Which physician performed the breaSt.augmentationsurgery. ?On or. abdut November 22, 2005, during Patient final visit' and examination with Respondent, Respondent again asked Patient'N.C. to . ,Iower'her'pants. Patient N.C.notified Respondent that IShe was not wearing any underwear. 52. Respondent beganto use two fingers to touch Patient N.C. in . between her legs from the backside to the front. Respondent was?rotating 11097 - his-fingers and moving them Side to side: Respondentalso movedhis fingers Within a few inches of Patient Vaginal opening. 53. a When Respondent placed his fingers near Patient vaginal opening, Patient: N.C. stated to Respondent, ?Dr. Burke arenzityou a a . Page 11 I married man.? Respondent quickly pulled His hand and fingers away from Patient Vaginal opening and said yes. . 7 54. Patient N.C. reported?these'inoidents to the OSCO. . I - In or about Feorua'ry or March 2004; Patient J.R. oresented "to" . a Check-?up. I I i - . 56. During the? examination, Respondenttaressedeachof Patient I tattoos, including one left. breast and zone on.;lher 5.7.. - On'lor'lza'bout August-:26, 2065, Patient returned to Resoondent?s place of ernpioyrnent to nave family leave paperwork?" Conipleted. I I Int 58.5 It'was Patient to have the family-r leave '3 A .p-apEnNorlg ohySician Respondent's RIac? of - employment; hoWever; thetaphySician was not there and?iPatient JR. agreed '3 toilsee Respondent, I - A 59$ EVenithoughlPatien't J.R. only Wanted Resp'Ondent to help her I leave papenNork, Respondent in'Sisted thatghey- examine pueic region. Patient hadzalooil on of a .. her vagina. that. had beentreated by and had-"Healed. . yr - fi?. - - .Page 12 11098 A 11099 60; Respondent requested Patient J.R. to remove herclothing and puton a gown. Patient J.R. complied with this request. 61. Respondent then placed his fingers in Patient vagina and Patient SLR. asked Respondent why was placing his fingers inside her the boil was on?top'of her vagina and was-external. . ?Respondent answered that he had to check everything to be? sure- 62. - Respondent then began ?to?vr'ub Patient J.R.'s clitoris and her labia, Respondent also began moVing'his fingers inside Patient-Jim?s vagina. 5' . ?Pati?ntl?. reperted this'incident to'the osco: To PATIENT KA. 64.7 5 On or abotit?Sept?rinberml, 2005, Patient K.A. presented to Respondentwithf complaints of post partum depression andgivagihal' I eschew weeks-prior, had-presentedil?to Res-pOndent's partner- Icompla?intsicjf vaginal discharge." Respondenth- - partner-examin'edsl5atient' and? tests-done discharge, which. came" back normal. Page-ll? 66. When Patien'ti'KA. presented "to Respondent, Respondent told Patient K.A. that he Was going to. re?check and examine pubic - region and vagina again.. . 62. During the examination 0f Patient K.A.iby the-Respondent, Patient K.A. felt'un?easy?and uncomfortable Every time, Patient K.A., tho'Ug'httha't?the examin'atiOn was would plate his fingers bad; inside Patient vagina and re?examine her. . I .When ReSpondent?concluded'his examination of 'wasapparent-to gained pleasure in examining Ashort timeaft?r? Respondent finished exarnining" Patient Respondent aSked Patient-K.A. 'to ?-re?enter' the examining rc'mmi.? 'At that Patien?tAK-A-I that the and .thLis,?he I was Wabbit-0 test"'the Vagina' dis-Charge Samples-?that Werelcolbcted 1 I duringlhis.examination. - - 3' 70.: Patient K.A. reported "this intident ti? . Patient C.C. thatshe had a nite . 11101 i FACTS RELATED 71. Patient C.C. was under the care of Respondent from A approximately September 13, 2004, through November 2005, for injuries, she?su?sta?ined due to a military hazing incident. 72. During multiple visits with Patient C.C., Respondent fondled and 7 touched Patient C.C.inappropriatelv. 73. On one viSit, Respondent manipulated Patient C.C.'s breasts and 7 Hippies, CC to become Upset and red?Pest Respondent to stop. Respondent then suggestedthat thejeo'uld do other .1 things to'Patient he would leave that to-her husband. 74. Ona?nother Office, visit, Respondent ran his hands overPatient. C.Cfs pubic area and inner thigh. Respondent further made a comment {to w? :75. On every 'visit When he "listened toPatient heert, Respondent womd request Patient C.C. to remove her shirtior blouse. -. 7 Respondent would request Patient C.CL his areaSo that they were touching, Patient .rwasito lift up her bra and-allow her brea?Sts to fall- onto Respondent so that her breasts were touching him.? P??e . . .76. Respondent would often comment to Patient that she had big breasts and would rnake'ucomments regarding how Patient pubic hair was grOomed. 7.7. During Patient lastzvisit'with Respondent, Respondent . fondled and-Patient C.C. noticed that Respondent had. --an erection.- Patient felt Respondent?s erection on her-right knee. . 78.? Respondent reported these incidents to the I I FACTS RELATED 17.9: mug: J.H. I 79: I Onor about August 23, presented to - Respondent for injuries she;sustained an automobile accident. I I 80.4 lWhen. ReSpondent entered the eXamining room, Respondent hugged and Patient head; 81. Respondent -?reouested Patient J.HJ to take off her shirt and, put - on a gown, even tho?ughRespondent had never asked Patient to do . ?11102 this before. - ~82, Respondent did not leave the room while Patient J.H.'s'l'was ?tak'ing?off' her:shirt._ Respondent had asports bra underneath her shirt and Respondent failed to. giVe the gown .to Patient J.H. Page 16 I. '0 '83. Patient J.H. then stoodlin front _of Respondent with her back i I toward him. During prior office visit examinations, Respondent would press on different parts ofPatient back and ask if it hurt. 84. During this office visit examination; Respondent'began to 1 - 7 massage: Patient back and rub the sides of Patient breasts. 1 - I 85.. Respondent attempted to pull Patient sports bra up,-but . was unSuccessful. I 86. Respondent then asked Patient to take off her bra I . because it was in the way. Patient :l.H.vcornplied with Respondent?s request. . 1. 87. Respondent then began to rub and soue'egePatient sides. Respondent put his arm around Patient her toward his body and began Patient J.H.?sbreasts. I I .88.. 'Responde'ntthen attempted to, pull down Patient J.HL's Shorts. . I :but? he" was initially un'SUccessful because her shorts we'reti?d. ReSpondent' nsuccessfully pulled Patient shorts. down beldw her buttocks and began rubbing her? buttocks. - ?Respondent kissed Patient J.H. onher head and told her that she was cute. - 1 I - Page 17 11103 . 0? Respondentthen asked Patient .f?Who?s your PatientlH. was scared and in shock. I A I 91. Respondent began to rob Patient neok and asked Patient if it felt good. :Respondeht advised Patient to, ?Moan yes.v.'.you a needsome feeling in it? i 92. Respondent then told Patientll-l. to lie doWn on her back On the examining mom'table so'that he could listen to her heart. - Respondent 7 pulled Patient arms away from her chest an-djhelplacied his haindsion her. breasts whilehe listened to her-heart. I I "After-the examination wascompleted, _-Respondent watcher-d- Patient put her shi?rtiba'ck on he kissed her on her head gobdee. Respondent also told Patient toimal?ge another appointment for a massage; 1 I 1} 4' . RELATED 5.6; ?On tor about Augost 2003, ReSpondent became the primary? Pc'are ?physiCian for-Patient 5.6.5 I ?t 95; Boring office yisit57between on, or aboth November .2003, December 18, .2003, 'Resoondent acted ?irtatious With Patient 36.. During. one of these office visitsRespondentstated totPatient' ?You?re . . . . Page-18 11104 .3 . breasts are very nice and nice looking. If only I were teniyears younger I?d be after you." These comments made Patient S.G. very uncomfortable. 96. Between approximately August 2003 and July 2005, Patient S.G. presented to Respondent on numerous occasions With different - medical complaints. During; these. officeviSits, Respondent would perform: unscheduled an'dunnecessary breast examinations on Patient S.G. During the breast examinations, Respondent would make inappropriate and unprofessiOnai comments to Patient S.G. At the conclusion of the? breast examinations, Patient felt that Respondent had groped her breasts. 07. .. During the time that Respondent was treating Patient S.G., ReSpondent-perforrned pelvic? examinations on Patient S.G.. Following the. pelvic examinations, Patient? 'felt sexually Violated," because i A I, Respondent had ,spent a long periOd _of time prObing.Patient vagina with his fingers during "the examinations. In or {about April. 2005, Patient. S.G.. was involved in an automobile accident. As a result'of the accident, Patient S.G. had pain in her back and neck.? I 99. r-From. on or about Aprilrl?l, 2005, through-On or about July . S.G. presented to? Respondent?s 'office either weekly or every 11105 - "w - - I I __other_ week with complaints of back and neck pain. During each of the office visits, Respondent instructed Patient 5.6. to pull down her pants'to the. middle Of. her buttocks and then bendover in. front of I Respondent Would then place his inch away and Would pressL andl'squeezel ?hE-r liespony?dent?s 'sqdeezirigh and pressing . of Patient :S.Rz?s :bbttocks made? Patient?S.R._ untomfortab'?ir 1001 Prior to? and each examinationT by Respondent of. . insisted that: Patient giveshim a" hog. 'couNToNE I 101. Petitioner re-allege?sand incorporates paragraphs one throuoh- nin'ety-thteelQB) forth herein: 102. it Florida. Stattites (2903 1' a"l?pensee to dissigline for eXerCiSing?in?uenceyliithin a patient 1 for purposes ofiengagingai?patient A patientShaII 'pber-presumed to be incapable of giving-free; and inforr?ed?conse'nt to sexual activity with his o?rv?hi'e'r pthician.? I ., _v 11106 103. Respondent within the physician-patient .1 relationship for purposes of engaging a patient in sexual activity in one or more of thefollowing ways: .. examination of her; 11107 By kissing Patient LC. on her cheek; by pulling Patient sweatpants down below, her vaginal area; by: making inappropriate rcommentsto Patient L.C. such as?that-she ?was .not wearing undenNearand that her breasts were. gorgeous, beautiful jand..?- pretty; by touching the top. of Patient . vagina in her pubic "hair touching Patient . breasts; .or?iby touching Patient nipples, during his October 11,? 2005?, examination-ofs-her; . . By making:?inappropriate; comments?toPatient CW, such as that"she had .a nice body 'and that .she ?was beautiful; by touching Patient breasts; or by touching Patient 24', her; A .By hugginga?Patient by touching 1and. massaging Patient A.G.?s?Upper' or by snapping during his June 17-, 2004, examination of her; By touching'Ij-ahd ?=examini'ng Patient. for?" an unreasonableiamount of time-?or by stating that she looked good doWn therein an inappropriate-tone during his vaginal examinationf?of, Patient?" during his, Qctober 11, @005; ekaminationofhe'moaning and making inappropriatecomments to Patient S-.E. regardigg'h'ow '?e?xible, She was; ..vii.hile rubbing and massaging her neck; by asking. Patient if?v?his? actions Were abetterthan sex; .by?kiss'ing Patient ion the cheek; or. Patient a late appointment, during his August 2005, Page?l 11108 .h?er; . of her; 1 By touching Patient breasts or near her Vaginal area_;by making inapprOpriate comments to Patient 3.6. such as if She lost a little weight she would be gorgeous and that ?all the guys- . must fall over her; by hugging Patient 3.6., or by kissing Patient 3.6. on her cheek, during his September 27,2005, examination of her; a - - By stating to'jPatient N.C. "that she had a ?pretty butt;? [by touching Patient buttocks and. in between-her legs near- her vagina; Or, by stating ?Nice job," referring to Patient breast augmentation surgery, while performing an examination of Patient chest, dUring his August 2005, examination of By' touching Patient N.C. in between her legs from the backside to the rotating: his z-?ngers and moving them side to side orby'moving his ?ngerswithin a few inches of Patient vagina, during his September 2005, examination 1 caressing Patient tattoos, including the tattoos on her l?ft breast and lower back, during his February or March 2004., eXamination' of her; . By" ?placing hisli?ngers? inside Patient vagina, rubbing her clitoris and labia; or moving his ?ngers in and out of Patient his examination of? her; . placing his ?ngers into '?Pati?ent vagina; by gaining . pleasure by putting his??ngers- into Patient vagina; or' by placing his ?ngers into PatientK.A.'s vagina and obtaining discharge samples even though the lab was closed, during his September 2005, examination of her; . fondling and t0uching Patient breasts and nipples inappropriately; by making inappropriate-comments to Patient. ng; such as could ?do otherthings to 'her' breaSts, but Respondent onld leave that up to her husband or Page 22 11109 on .the? foregoing, RespOndent violated- '-Sectipn Patient . that Patient had a nice body; big breasts and her pubic - hair was well groomed; by running hishands over Patient pubic area and inner thigh; or._by touching Patient breasts inappropriately and obtaining an erection that was felt by Patient right knee, during his September .13, 2004; though November 2005, examinations of Patient- VhUgging or kissing" Patient head; .by? not leaving the examination room whilePatient J.H. was taking-off her shirt; by - massaging Patient back ?and the sides of her breasts; by putting, his arm ar0und Patient J.Hfs Waistgpulling .her toward this body and, rubbing her breaSts; by pulling shorts" below her buttocks; by making inappropriate Comments such as ?Who?s your telling her that she Was Cute; "by asking PatientlH, to moan; ,byj-ftcm?h?ing Patie?t . ?breaSts',rwith listening ito?her heart; watching Patientf'JH. ?put her shirt backfo'n; or by kissing Patient I the dUring his AuguSt 23, 2005,--examinationf,f0f . I A hugging Patient by making inappropriate comments to Patient 'by-lperforming_. unscheduled and; unnecessary breastviexaminations no .?Patient by groping {Patient breasts; ta king a. long! timeff? to .lpjerform .pelvie--examinations - by platin'g'bisf?heatl. close to . buttocks; 'or and pr?ssins' Patient 5355, bum-9'5" - Florida statute's {(32603 through exercising influence Within a r0} purposesf'of engaging ?the patient in 'sexual activity. Page 23 11110 . \coum Two . 105. Petitioner re?alleges and incorporates paragraphs gone I through ninety-three (93) as if. fully set forth. herein. 106. . section Statutes (2003 through? 2005), provides'that engaging or attempting to engage in sexual-misconduct as defined and prohibited in, section Florida statutes (_2003_ throUghIZOOS), constitutes grounds for disciplinary action by the Board of' Osteopathic Medicine, I 107.- I Section 456.0011); Florida Statutes, states as follows: Sexual} :-'misconduct in the ?practice of a health care profession- "m?eans?yiolationr of the pr?ofes'sional relationship through which "the health care praCtitiqner] uses such relationship to. engage ?or - attempt to engagethe patient- or client, or an immediate family - ?rnember,__gua_rdian, 0r t?presehtative-?of threlpatient or client in, or tollinduce to induce such person to 'engagein, . (verbal or physical ?seXUal activity: outside? the. scope of. professional practice 0f?. sUch health. care profession; =Sexual? misconduct-gin of; -'health care profession is prohibited. - - A . - 108.; ReSpo'ndeht. engaged inior attempted to engage thepatientsl?in sexualactiyity outside the scope of; professional-praCtioe?in one Or more 'of the following ways: La. 1 By kissing. Patient LC. on her-cheek; by pulling-Patient - . '--vsweatpants.jjdoyvn below; her vaginal;- area; by making . inappropriate comments to Patient such-as that shegwas 111110 not wearing underwear and that her breasts Were gorgeous, beautiful and pretty; by 7 touching the top of Patient vagina in her pubic hair'region; by touching Patient breasts; or by touching Patient nipples, during" his October 11, 2005, examination of her; I By making inappropriate commentsto Patient .A-CLW. such as" ?that'she had a nice body and that ?she was beauthiful; by. touChing breasts-yor by, touching Patient nipples, d?uring hiS'O'ttober 24, 2005,, examination other; hugging Patient -A.G., by touching and massaging Patient - . A.G.'s'upper'buttocks, or by Snapping Patient yA.G.?s- underwear, during his June-17, 2004, examination of her; By touching and .. examining Patient breasts for an unreasonable-amount- of 'time- or by stating that she, l_oOked good down there in an inappropriate tone during his-vaginal. examination of Patient B-.C., during his October 11, 2005, .examination?oi?lher; - A i . By moaning and?ma?king 'inapprOpriate commentsto Patient S.E. - *regarding how ?exible-she was, While rubbing --and;fimassaging her neck; by. asking Patient-SE, better than byl'kissing, Patient on the Cheek; or by asking-Patient a late appOintment, during his-?Augtmt 2005,, 1 examination ofher; 'By' touching Patient breaSts?ofr near, her vaginal, area; by . making: inappropriate comments to Patient J.G. sLIC?hi?asaif?She . bet a little weight she Would be gorgeous guys . must fall over ?et; hugging Patient 1.6., or by kissing? Patient i . ongher che?k, during his September 27,2005, -?ex_amination "-vofher? .. ?fo stating to Patient that she had a_??pretty butt;? touching. and. in between her legs ?near' A her by. stating Patient :Page 11112 breast augmentation surgery, while performing an examination of Patient N.C.'s cheSt, during hi's'Au'gust 2005, examination of her; - . - h. By touching Patient -N.C. in betweenher legsfrom-the backside . to the front, including rotating his ?ngers and moving them side to side or by moving his ?ngers within a few inches of - i Patient vagina, during his September .2005, examination of her; . a -- i. By caressing Patient tattoos, including the tattoos on .her left breast and lower back, during hisFebruary or Marchi2004, examination of herplacingghis ?ngers?'inside Patient rubbing her A clitoris ?and labia; or moV?ing? his; fingers-?in and out of Patient-=- -. J.R.'s vagina, during his August 26, 2005, examination of her; k. By-?placing his fingers .into vagina; by gaining - pleasure?by putting his ?ngers. into "Patient vagina; or by . placing "his ?ngers into Patient 'f?vagi'na and'f?uobtaining' discharge samples lab was closed, during hisi ?SEptember .1, 2005,- exam?inatioh other; . l.f fondlin 'andf'tOuching and nipples . inappropriately;by-making. inappropriate colmme?its to'Pa?tient' Suchas that ReSpondent could dootherithings.?toshen ""breastS, but Woold leave to her- husband or - . that Patient nice- body; big breasts herapigibicw-v hair was well groomed; by ?running "hits-?hands oVe?Patient, pubic?z'a'rea and inner thigh; or "by touching Patient breastsinappropriatelytand- obtaining. an aerectio'n. that wast-felt bit-Patient right during 13:. 230-4! I. I i thoughtNovember 2005, examinations of Patient cc. ,1 m: hugging tor kissing Patient leaving .the- .1 examination room shirt; by . massaging Patient and the breastsPage 26 H. . - J17, . I T513 109. - putting his arm around Patient waist,?pulling her toward 'his bOdy and'rubbing 'her breasts; by pulling Patient shorts below her buttocks; by making inappropriate'comments such as ?Who?s your daddy?? and telling her that she, was cute; by asking Patient J.H. to moan; by touching- Patient breasts With his hands while listening to her heart; by watching PatientlH. put her shirt back on; or bykissing Patient J.H. on a .- the head gobdbye,? dUring his August~;23, .2005, .eXaminationVof Patient . . - . - By hugging Patient by makinginappropriate comments to a Patient by performing unScheduled and unnecessary . -- breast examinations on Patient Patient breasts; by taking a long time to perform ._peIVic examinations on Patient his head to Patient buttocksj'or by-Squeezing ah'cl. pressing Patient S1.R.'s 'bUftOCkS. Based on the foregoing,? Respondent violated-I Settion. I. . Florida Statutes (2003 through 2005), committing sexual _.misco.nduct as de?ned and prohibited? in Section Florida Statutes-Lanna through 2005). . coum THREE .1110.? Petitioner K-realleges-fand" incorporates paragraphs one (1) throughninety?three Set,forth3herein. 111;; 5 seem. Florida Statutes (200-3 through 2905), subjeCts. a licensee to discipline for failing to perform any statutory Orlegal obligation .placed upon him. 1.12,, Section 459.101.1111; Florida Statutes (2003-2005), states: #11114? The osteopathic. physician-patient relationship is founded on 7 mutual trust. Sexual misconduct in the practice of osteopathic medicine means violation of the ,osteOpathic physician-patient relationship through which the physician uses that relationshipto induce or attempt to induce the patient to engage, or to engage orattempt to engage the. patient, in sexual activity outside the 1? scope-of practice or-the?scope of generally aCCepted examination orjtre atment of the patient. Sexual misconduct in the practice of osteopathic medicine is prohibited. Respondent violated?the statutory prohibition against sexual miScondUCt as de?ned in Section 459.0141; Florida Statutes'(2003. through 2005),)in one or-more of the following ways: I a. I. By kissing Patient on her Cheek; by pulling Patient sweatpants down" below; her vaginal area; by making inapprOpriate comments; toaP'atient L.C. such as that shewas not wearing undehrvear and "that her breaStSWere gorgeous, beautiful "and; pretty; toUching the top' of' Patient vagina" in her pubic hair region; byntouching' Patient breasts}, or byf'touChing Patient nipples, during his October 11-, 2005; examination'of her; By, making"inapprOpriate comments to Patient C.W. such as I .that- she had "a nice body-and? was beaut'hiful; by touchihg Patient breasts; .or by tdiJching. Patient nipplesy?duriaghis October 24, 2005, examination of her; huggi?ngj-v-Patiept AG, by touchingand massagingPatient or by- snapping Patient ?A.G.f_s underwear, . "during?his Juoef 17752004, examinatiOn other; By toUching andg?examining Patient breasts for an . unreasonable amount of time or by stating that she looked. --;good down there inappropriate tone during his vaginal: Page 28 . examination of Patient B.C., during his October 11, 2005, examination of her; e. .By moaning and making inappropriate comments to Patient S.E. regarding how ?exible she was, while rubbing and masSaging' her. neck; by aSking Patient S.E.:iflhis actions were better ?than Sex; by kissing. Patient S.E.. on-the cheek; or by asking. Patient . S.E. to make a. late appointment, during'his August 2005, examination 1- . I By touching Patient breasts or nearher vaginal. area; by' -. making inappropriate =co,mments-to Patient J.G..such as- if she 1 3 losta little weight?sh'eWOLilclbe gorgeousa?ndthat ?all the. guys must fall otter her; by hugging?Patient 1.6., or by kissing "Patient IJ.G. on her cheek, during his? September 27, 72005,-exarnination Ci?of'herL .2 i - - By stating to ?Patient had.__a ?pretty butt;?? by touching buttocks-i between her-legs near 1 her vagina; 'or' 313b,?, referring;th Patient ?breast augmentationSurgery,'rWhile ~50f Patient chest, during-his AuguSttZOOS,?examination of her; . -- -. h. touching- "inabetween her legs from__.the- backS?idef' the front, inclUding rotating. his ?ngersandi'mown'g? them. Sidsgto?side Orbv moving. ?is i??hesaof Vaginapdur'ing hiS?i?t-Segt?ember 'qfher: 1? i. I By careS'Sing the tattoos. brie-est and "Qwel bach- dutinez? his .Eebruaryor: March -;2.904, EeXamination of- h'erisf? . a I j. By-placing his ?ngerszinsio?ef Patient vagina, "clitoris and labia-{or ?ngersfin and out-20f Patient vagina; uri rig-this August; 26, "'2360'535-exafninatlc5n of her; tag?zsr I ta. . . .4 .. 11115 k. By placing his ?ngers into Patient vagina; by gaining pleasure by putting his ?ngers into Patient vagina; or by. placing his ?ngers into Patient vagina and ?iobtaining discharge samples even though the lab was closed; during his 7 September 1, 2005, examination-of her; lg? By fondling and touching Patient breasts and nipples . inappropriately; by making inappropriate comments to Patient such as that Respondent could do" other'jthings to her libreas?ts?l,? but Respondent-wool?d leave that upgto her husband or that Patient hadi?a big breasts and her pubic ?hair was well grdomed; by running his hands over PatientC.C.?s I puhic area and inner thigh; Or by t0u