Division of Administrative Hearings, Florida
Filed: May 15, 1995
The issues in this case are: (1) whether the Respondent is guilty of violating the Medical Practice Act, as charged in the Administrative Complaint, AHCA Case No. 93-01257; and, if so, (2) what discipline would be appropriate. The violations charged are: Count I, that the Respondent used the doctor- patient relationship to induce a patient to engage in sexual activity with him, and committed sexual misconduct, in violation of Section 458.329, Fla. Stat.; Count II, that the Respondent failed to practice medicine in accordance with required standards of care by not ordering the patient to receive mental health counseling but instead inappropriately allowing the patient to remain on Tylox, in violation of Section 458.331(1)(t), Fla. Stat.; Count III, that the Respondent failed to keep a written record of the drugs prescribed for the patient or the course of treatment for the patient, in violation of Section 458.331(1)(m), Fla. Stat.Petitioner did'nt prove sexual misconduct. Sex relation preceded doctor/patient relationship; Latter didn't induce former. Respondent used poor judgment and didn't keep proper records
