STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2012-00680 DAVID SIMON, D.O., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Osteopathic Medicine against Respondent, David Simon, D.O., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of osteopathic medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 459, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was a licensed osteopathic physician within the State of Florida, having been issued license number OS 4930. 3. Respondent's address of record is 101 South Federal Highway, Lake Worth, Florida 33460. 4. At all times material to this Administrative Complaint, Respondent was a family doctor with an office located at 101 South Federal Highway, Lake Worth, Florida 33460. 5. At all times material to this Administrative Complaint, Patient C.K., a thirty-seven (37) year old female, was Respondent's patient. 6. In or about January of 2005, through in or about December of 2011, Patient C.K. presented to Respondent's office for various medical treatment. 7. In or about November of 2010, through in or about December of 2011, Respondent used his relationship with Patient C.K. to engage in sexual activity with Patient C.K. at Respondent's office. 8. Section 459.015(1)(pp), Florida Statutes (2010, 2011), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto is grounds for disciplinary action. COUNT ONE 9. Petitioner realleges and incorporates paragraphs one (1) through eight (8), as if fully set forth herein. DOH v. David Simon, D.O. Case No. 2012-00680 2 10. Section 459.0141, Florida Statutes (2010, 2011), provides that sexual misconduct in the practice of osteopathic medicine means violation of the osteopathic physician-patient relationship through which the osteopathic physician uses the relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of the practice or the scope of generally accepted examination or treatment of the patient. 11. Respondent engaged in sexual misconduct in the practice of osteopathic medicine by using Respondent's relationship with Patient C.K. to engage in sexual activity with Patient C.K. at Respondent's office. 12. Based on the foregoing, Respondent violated Section 459.015(1)(pp), Florida Statutes (2010, 2011), by violating Section 459.0141, Florida Statutes (2010, 2011), by engaging in sexual misconduct in the practice of osteopathic medicine means violation of the osteopathic physician-patient relationship through which the osteopathic physician uses the relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of the practice or the scope of generally accepted examination or treatment of the patient. DOH v. David Simon, D.O. Case No. 2012-00680 3 COUNT TWO 13. Petitioner realleges and incorporates paragraphs one (1) through eight (8), as if fully set forth herein. 14. Section 459.015(1)(1), Florida Statutes (2010, 2011), provides that exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity constitutes grounds for disciplinary action. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. 15. Respondent exercised influence within a patient-physician relationship for purposes of engaging a patient in sexual activity by using Respondent's relationship with Patient C.K. to engage in sexual activity with Patient C.K. at Respondent's office. 16. Based on the foregoing, Respondent violated 459.015(1)(1), Florida Statutes (2010, 2011), provides that exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity constitutes grounds for disciplinary action. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. DOH v. David Simon, D.O. Case No. 2012-00680 4 WHEREFORE, the Petitioner respectfully requests that the Board of Osteopathic 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 billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 11111 day of , 2013. John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK DATE Angel- Sanders JUL 11 2013 Casey / Cowan Assistant General Counsel Fla. Bar No. 0035536 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 245-4444 Facsimile: (850) 245-4683 Email: casey_cowan@doh.state.fl.us /CLC , PCP: 4-/It/i 3 PCP Members: Andrt.o► e r frktigth DOH v. David Simon, D.O. Case No. 2012-00680 5 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. 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. DOH v. David Simon, D.O. Case No. 2012-00680