STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF )

CHIROPRACTIC EXAMINERS, )

)

Petitioner, )

)

vs. ) CASE NO. 78-2548

)

PETER P. ALONGI, D. C., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in the above styled cause before Delphene C. Strickland, assigned Hearing Officer of the Division of Administrative Hearings, on May 14, 1979, beginning at 1:00 o'clock p.m. in Room 821 of the Broward County Courthouse, 201 SE 6th Street in Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: Paul W. Lambert, Esquire

131 Executive Center Drive Suite 201, Ellis Building Tallahassee, Florida 32301

For Respondent: Thomas F. Panza, Esquire

2803 East Commercial Boulevard Fort Lauderdale, Florida 33308

PROCEDURAL BACKGROUND

Whether License #2579, issued to th Respondent, Peter P. Alongi, should be revoked, annulled, withdrawn or suspended.

FINDINGS OF FACT

1. The Respondent, Peter P. Alongi, is a licensed chiropractic physician, practicing in Fort Lauderdale, Florida. An administrative complaint was filed by the Petitioner, Florida State Board of Chiropractic Examiners, dated December 7, 1978, alleging that the Respondent engaged in deception, misrepresentation or fraud by publishing a certain advertisement. An administrative hearing was requested by the Respondent. Thereafter, a motion to dismiss was filed by the Respondent prior to the formal hearing, which was denied.

   
   

2. Respondent Alongi casued the following advertisement to be published in the Fort Lauderdale News in the month of May 1978:

   CHIROPRACTORS SEEK RESEARCH VOLUNTEERS

   
   

   The International Pain Control Institute is presently engaged in what is the most expensive research program ever undertaken by the chiropractic profession.

   
   

   This research is directed toward determining the relationship between health problems and spinal misalignment and utilizes a screening process called contour analysis.

   
   

   Volunteers are being sought for screening.

   
   

   Contour analysis enables taking a 3 dimensional picture (called moire photography) of the topography of the surface of the spine to detect spinal stress deviations. This analysis will be correlated with leg deficiency, patient sympto- matically and levels of spinal tenderness. An analysis of this type can reveal such things as normal and abnormal stress patterns, spinal curvature, muscle spasm, muscle imbalance, spinal distortion and scoliosis.

   
   

   This is a Public Service Program for partici- pating volunteers. The doctors are contributing their time, service and facilities for the program. Anyone wishing to be a volunteer may telephone participating doctors directly for information or an appt.

   
   

   Dr. Peter P. Alongi Dr. Larry Burch 2821 E. Commercial Boulevard 200 SE 12 St.

   Ft. Laud. Ft. Laud.

   491-2449 764-0444

   
   

3. Ms. Laura Borys read the foregoing advertisement and, thinking there would be no charge for treatment, made an appointment with Respondent Alongi. Ms. Borys had interpreted the advertisement to mean that if she presented herself as a "research volunteer" there would be no cost to her. Ms. Borys was accompanied to Respondent Alongi's office by Ms. Katherine Leight, a sister-in- law of Ms. Borys. Ms. Leight had told Ms. Borys that she felt the advertisement was soliciting for paying customers, and that she based her view on the reason that she had never seen such an advertisement by any other chiropractor.

   
   

4. Ms. Borys would not have made the appointment with Respondent Alongi to participate as a volunteer pursuant to said advertisement if she had know that

   x-rays and chiropractic treatment would be on a cost basis.

   
   

5. Respondent Alongi performed a contour analysis and gave Ms. Borys a photograph of her back. The Respondent analyzed the photograph and advised Ms. Borys that she had a back problem, and that for a fee of $50.00 she could have x-rays taken and would be charged $15.00 per visit for treatment.

   
   

6. Upon a close reading of the foregoing advertisement it is not likely that the general public would have been mislead into believing that free

   treatments or x-rays would be given. Ms. Borys' sister-in-law, Ms. Leight, did not believe the advertisement was inserted for any other reason than to solicit business for the two doctors included in said advertisement.

   
   

7. No questions were raised or evidence submitted as to what constituted the "research program" other than the taking of the picture of the back, or whether members of the public were deceived or mislead into thinking that there was in fact a valid program.

   
   

8. Both parties submitted proposed recommended orders. These instruments were considered in the writing of this order. To the extent the proposed findings of fact have not been adopted in, or are inconsistent with, factual findings in this order they are specifically rejected as being irrelevant or not having been supported by the evidence.

   
   

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction of this cause pursuant to Section 120.57, Florida Statutes.

   
   

10. Section 460.13 Record of certificates; grounds for suspension and revocation of certificates procedure - provides as follows:

    
    

    9. The board shall have the authority to discipline any applicant for license, or the holder of a license to practice as a chiropractic physician, who is found guilty by the board of one or more of the following...

    (h) That he is in any way guilty of any deception, misrepresentation, or fraud in the practice of chiropractic;

    (m) That he is guilty of unprofessional conduct which is defined to mean: Any conduct which is reasonably likely to deceive or defraud the public; sharing office space with any person illegally practicing any of the healing arts; the employing either directly or indirectly of any unlicensed chiropractic physician whose license has been suspended; or the violation of the code of ethics or any provisions thereof adopted by the board.

    
    

11. Insufficient evidence has been introduced to show that Respondent Alongi engaged in any deception, misrepresentation or fraud in the practice of chiropractic, or that he engaged in conduct reasonably likely to deceive or defraud the public.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends the Administrative Complaint be dismissed.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 10th day of July, 1979.

COPIES FURNISHED:

Paul W. Lambert, Esquire 1311 Executive Center Drive Suite 201, Ellis Building Tallahassee, Florida 32301

Thomas F. Panza, Esquire

2803 East Commercial Boulevard Fort Lauderdale, Florida 3308

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Collins Building

Tallahassee, Florida 32301

(904) 488-9675

Docket for Case No: 78-002548

Orders for Case No: 78-002548