FILED STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: In Re: Department of Health, Petitioner v. Gopal Basisht, M.D., Respondent Case Numbers 2012-18141 & 2014-08501 / DA 3-/ -/6 NOTICE OF SCRIVENER'S ERROR COMES NOW Petitioner, Department of Health, by and through the undersigned counsel, and files this Notice of Scrivener's Error and states: 1. On or about February 22, 2016, Petitioner filed an Administrative Complaint in the above-styled matter. 2. Petitioner has discovered that a typographical error appears in the Administrative Complaint as follows: a. The Administrative Complaint states the following: Glopal Basisht, M.D. b. The Administrative Complaint should read: Gopal Basisht, M.D. correcting the spelling of Respondent's name. 3. The correction of this error is of no prejudice to Respondent as the Complaint references the applicable statutes with sufficient specificity to put Respondent on notice as to the nature of the violations alleged. 4. This Notice shall take effect upon service to the parties. Respectfully submitted, Joh . Fricke, Jr. nt General Counsel A F orida Bar #901910 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 (850) 245-4444 ext. 8114 - Telephone (850) 245-4684 - Facsimile CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Scrivener's Error was sent to Gopal Basisht, M.D., 1300 Edgewater Drive, Orlando, day of March, 2016. Florida 32804 this Fricke, Jr. Jo As ant General Counsel 2 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, CASE NOS.: 2012-18141 2014-08501 v. GLOPAL BASISHT, M.D., Respondent. I ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Medicine against Respondent Glopal Basisht, M.D., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of Medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed medical doctor within the state of Florida, having been issued license number ME 27658. 3. Respondent's address of record is 1300 Edgewater Drive, Orlando, Florida 32804. 4. At all times material to this Administrative Complaint, Respondent worked at his private rheumatology practice located at 1300 Edgewater Drive, Orlando, Florida 32804. Facts Specific to Patient A.E. 5. On or about June 5, 2012, A.E. a fifty-five year old female, presented to Respondent's practice with a chief complaint of lower back pain. 6. A.E. was not directed to disrobe before her examination. While she was laying on the examination table, Respondent directed A.E. to unbutton her pants. 7. Respondent put his hand inside of A.E.'s undergarments, and touched the area on and around A.E.'s vagina. Respondent then penetrated A.E.'s vagina with his fingers, and put his fingers up to his nose. 8. A.E. reported the incident to Orlando Police Department (OPD) on June 6, 2012. 9. Thereafter, an OPD detective conducted a controlled call between A.E. and Respondent. A.E. directly asked Respondent why he penetrated her vagina. Respondent denied penetrating A.E.'s vagina, and told A.E. he would explain her treatment during her next visit. Case Name: DOH v. Glopal 8asisht, M.D. Case Nos. 2012-18141 and 2014-08501 10. Based on A.E.'s complaints and symptoms, there was no medical rationale for touching A.E.'s vaginal area. Facts Specific to Patient G.P. 11. On or about May 2, 2014, G.P. a fifty-four year old female, presented to Respondent's practice. G.P.'s chief complaint was back and hand pain. 12. While she was on the exam table, Respondent pressed on G.P.'s back, and "twisted" her legs hard enough to make her yell. G.P. told Respondent that he was hurting her, and repeatedly demanded that he stop. 13. Rather than stopping, Respondent put his hand inside of her undergarments, and put his hand on her vagina. Respondent pressed hard on the area around G.P.'s vagina, but did not penetrate her vagina. 14. G.P. began to yell louder, and continued to demand that he stop. G.P. again told Respondent that he was causing her pain. However, Respondent pressed harder on G.P.'s vaginal area. Throughout the incident, Respondent repeatedly asked G.P. if he was hurting her, in a tone which made G.P. believe that he was enjoying it. While he was touching G.P.'s vagina, Respondent breathed heavily, and made comments to G.P. such as "wow". Case Name! DOH v. Glop& Baslsht, M.D. Case Nos. 2012-18141 and 2014-08501 15. G.P. subsequently reported the incident to a therapist who encouraged her to file a police report. G.P. reported the incident to OPD on May 29, 2014. 16. Based on G.P.'s complaints and symptoms, there was no medical rationale for touching G.P.'s vaginal area. COUNT I 17. Petitioner re-alleges and incorporates paragraphs one through ten of this Complaint as if fully set forth herein. 18. Section 458.331(1)(j) , Florida Statutes (2011), provides that exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity is grounds for disciplinary action. 19. As set forth above, Respondent engaged, or attempted to engage, A.E. in sexual activity in one or more of the following ways: a. by touching A.E.'s vaginal area without valid medical justification and/or; b. by digitally penetrating her vagina without valid medical justification. 20. Based on the foregoing, Respondent violated Section 458.331(1)a), Florida Statutes (2011). Case Name: 0014 V. Glopal Basisht, M.D. Case Nos, 201248141 and 2014.08501 COUNT II 21. Petitioner re-alleges and Incorporates paragraphs one through four, and eleven through sixteen, as if fully set forth herein. 22. Section 458.331(1)0) Florida Statutes (2013), provides that exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity is grounds for disciplinary action. 23. As set forth above, Respondent engaged, or attempted to engage, G.P. in sexual activity in one or more of the following ways: a. by touching G.P.'s vaginal area without valid medical justification and/or, b. by making sexually suggestive comments to G.P. outside the scope of the professional practice of medicine. 24. Based on the foregoing, Respondent violated Section 458.331(1)(j), Florida Statutes (2013). WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, Imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees Case Name: DOH v. Glopal Basisht, M.D. Case Nos, 201248141 and 2014-08501 billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this day of ---?4,/ /F , 2016. John H. Armstrong, MD, FACS Surgeon General and Secretary of Health Laur n A. Leikam As stant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0088700 (850) 245 - 4444 Telephone (850) 245 - 4683 Facsimile FILED CLERK DATE Department Of Health Deputy Clerk F 2 2 2016 LAL/ PCP: 02/19/2016 PCP Members: Dr. Ashkar, Dr. Ginzburg, Ms. Tootle Case Name: DOH v. Glopal BasIsht, M.D. Case Nos. 201248141 and 2014-08501 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing Is requested. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to 'challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this agency action. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. Case Name: DOH v. Glopal Baslsht, M.D. Case Nos, 2012-18141 and 2014-08501