STATE OF FLORIDA 01 fey / L E a) / &, AGENCY FOR HEALTH CARE ADMINISTRATION “ARIA We JEB BUSH, GOVERNOR RUBEN J. KING-SHAW, JR., SECRETARY November 21, 2000 PERSONAL AND CONFIDENTIAL Alan I. Richman, M.D. 3660 Central Avenue, Suite 7 Naples, Florida 33901-8219 Re: Case No. 2000-12574 Dear Dr. Richman: Enclosed please find an Administrative Complaint which has been filed against you by the Department of Health. Also enclosed is an election of rights form and an Explanation of rights form. - Please execute and return the Election of Rights form within 21-days from receipt - of this letter. Your signature must be notarized. Failure to act within this 21-day period may result i in the entry of a Default Judgement against your license or permit. As a result of the finding of probable cause, this file became a “public record” under state law. A few lawyers in private practice regularly: request copies of administrative complaints filed after a case becomes a “public record.” It is possible that you will receive a letter depicted as an “advertisement” from one or more of these lawyers seeking to represent you. These persons have no association with the Department or the Agency for Health Care Administration in any way. You may retain your own attorney or proceed with this matter in the way you desire. 2727 MAHAN DRIVE TALLAHASSEE, FL 32308 If you have any questions, please do not hesitate to contact me at (850) 414- 8126, by fax at (850)414-1989, by TDD at 1-800-955-8771, or.by mail at Office of the General Counsel, Medical Section, P. O. Box 14229, Tallahassee, FL 32317-4229, Sincerely, Kathryn L. Kasprzak Chief Medical Attorney Agency for Health Care Administration KLK/kmk . os Enclosure cc: Wilbur Smith, Esq. 1415 Hendry Street Ft. Myers, FL 33902 STATE OF FLORIDA °l fey . Ep DEPARTMENT OF HEALTH '6 by 4 oly Sy a: 06 ibis Of DEPARTMENT OF HEALTH, Shiny ye PETITIONER, _—+) ) vs. ) CASE NO. 2000-12574 ) ALAN I. RICHMAN, M.D., ) O]- 06784 ) RESPONDENT. _) ) ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Alan I. Richman, M.D., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, 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. Pursuant to the authority of Section 20.43(3), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. . 2. Respondent is and has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 0039879. His last known address is 3660 Central Avenue, Suite 7, Naples, Florida 33901-8219. 3. Respondent is board certified in internal medicine and rheumatolgy. 4 On or about September 14, 2000, Patient C.G., a fifty-one (51) year-old female, presented to Respondent at the Richman Arthritis Center for the first time for the treatment of chronic pain. 5. Respondent asked Patient C.G. questions about her medical history, her current medical condition, and the location of her pain. Respondent also asked Patient C.G. questions about her personal history. Patient C.G. answered Respondent's questions concerning her medical history and explained her history of chronic pain. In addition, she told Respondent that her husband died about a year ago and that she had recently broken up with a boyfriend. 6. Respondent prescribed medication to control Patient C.G.’s pain and he recommended a treatment for pain called “pain transference.” Although Patient C.G. would be hypnotized, Respondent explained that she would still be aware of what was going on around her. Patient C.G. told Respondent that she did not believe he could hypnotize her but that she was willing to try the procedure if he thought it would help alleviate her pain. 7. Respondent instructed Patient C.G. to lie on the examination table. After Patient C.G. followed Respondent's instruction, he began speaking softly to her and touching her face and neck. Respondent explained to Patient C.G. that she would feel heat as the pain began to leave her body. 8. Respondent continued rubbing Patient C.G.'s face and neck and then began rubbing her arms, legs, breasts, and eventually her vaginal area. Throughout the time he was rubbing Patient C.G.’s body, he spoke to her softly and told her that the pain was leaving her body. 9. Although Patient C.G. was aware of what Respondent was doing and saying, she could not open her eyes or move any of her extremities. 10. Respondent then began to tell Patient C.G. how beautiful she was; he called her “sweetheart” and “dear”. Patient C.G. was aware that Respondent was kissing her on the mouth, felt his tongue within her mouth and she felt him put his fingers in her mouth. 11. Respondent removed Patient C.G.’s_ slacks and her underwear. Respondent assisted Patient C.G. from the examination table onto the floor. He instructed her to lie down on the floor and he placed a pillow under her head. Patient C.G. was unable to open her eyes, and although she was not able to stop Respondent from touching her, she was aware of what was happening to her. 12. Respondent explained to Patient C.G. that the next step in the pain transference procedure would be deep penetration. Respondent got on top of Patient - C.G. and inserted his penis into her vagina. Patient C.G. was physically unable to stop Respondent. 13. Eventually, Respondent told Patient C.G. that he was going to gradually bring her out of hypnosis. Respondent then asked Patient C.G. if she was able to open her eyes. Initially, Patient C.G. could not open her eyes but eventually she did. 14. Patient C.G. then saw that Respondent did not have any pants on. He put his pants on and completed dressing. Respondent told Patient C.G. that he would like to do “that” again, but “not in my office.” 15. Patient C.G. left Respondent's office at approximately 7:00 p.m. She went home and told her roommate about the incident with Respondent. 16. There was no one in the examining room with Respondent and Patient C.G. at any time during her visit on September 14, 2000. 17. On the following day, September 15, 2000, Patient C.G. presented to her primary care physician and informed him of the incident with Respondent. Patient C.G. had a drug test to see if the test would reveal whether Respondent had used any drugs on her during the sexual incident in his office. 18. Later on that same day, Respondent called Patient C.G.’s home and told her “things” had gone too far in his office but that he would like to do “it” again. 19. On or about September 16, 2000, Patient C.G. presented to the Phoenix Center, a medical facility for victims of abuse and sexual battery, for counseling and an examination. On the same day, Patient C.G. reported the incident with Respondent to the Ft. Myers Police Department. * 20. On or about September 18, 2000, Patient C.G. called the Ft. Myers Police Department and reported that she had received another phone call from Respondent. Patient C.G. agreed to assist the Ft. Myers Police Department with their investigation into her complaint against Respondent. 21. On or about September 19, 2000, Respondent: called Patient C.G. at her place of employment. Respondent asked her if he could come to her home after she got off work. Patient C.G. told him that she would have to talk to him later. She then called the Ft. Myers Police Department and two detectives went to Patient C.G.’s home. Both detectives were present when Respondent called Patient C.G. later that afternoon. Respondent asked Patient C.G. if he could stop by her home and “relax the hell out of her.” He told her he did not need directions to her house. because he knew where she lived. 22. The police detectives were present but hidden and they had placed an audio recording device in the patient's living room by the time that Respondent arrived at Patient C.G.’s home at approximately 5:35 p.m. Respondent and Patient C.G. sat on the couch in the living room. Respondent told Patient C.G. that she was incredible and that she had a beautiful body. He told her that he had sampled her beautiful body during her session in his office. He stated, “I did sample it. I did sample it.” Patient C.G. told Respondent that she had not been able to open her eyes during the session and he said, “Oh, you were relaxed. I mean you were able to relax.” He went on to say, “Oh, what’s going to happen if I relax you now...it’s going to be brutal.” The detectives then walked into the room and placed Respondent under arrest on allegations of sexual battery. 23. Section 458.329, Florida Statutes, states that the physician-patient relationship is founded on mutual trust. Sexual misconduct in the practice of medicine means violation of the physician-patient relationship through which the physician uses - Said relationship 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. Sexual misconduct in the practice of medicine is prohibited. 24. Rule 64B8-9.008, Florida Administrative Code, states in part that sexual contact with a patient is sexual misconduct, which includes, but is not limited to, verbal or physical behavior which may reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it; may reasonably be interpreted as intended for the sexual arousal or gratification of the physician, the patient or any third party; or may be reasonably interpreted as being sexual. NT ONE 25. Petitioner realleges and incorporates paragraphs one (1) through twenty- four (24), as if fully set forth herein this Count One. 26. Respondent exercised influence within a patient-physician relationship for purposes of engaging a patient in sexual activity, in that Respondent touched Patient C.G.'s vaginal area and engaged in sexual activity with Patient C.G. while she was under hypnosis. 27. Based on the foregoing, Respondent violated Section 458.331(1)(j), Florida Statutes, by exercising influence within a patient-physician relationship for” purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician COUNT TWO 28. Petitioner realleges and incorporates paragraphs one (1) through twenty- four (24) and twenty-six (26), as if fully set forth herein this Count Two. 29. Respondent violated the express prohibition against sexual misconduct stated in Section 458.329, Florida Statutes, and Rule 64B8-9.008, Florida Administrative Code in that he engaged in sexual activity with Patient C.G. 30. Based on the foregoing, Respondent violated Section 458.331(1)(x), Florida Statutes, by violating any provision of Chapter 458, Fiorida Statutes, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department. COUNT THREE 31. Petitioner realleges and incorporates paragraphs one (1) through twenty- four (24), twenty-six (26), and twenty-nine (29), as if fully set forth herein this Count Three. 32. Respondent failed to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, in that Respondent engaged in sexual activity with Patient C.G. for no legitimate medical purpose in the guise of treating in the guise of treating Patient C.G.'s chronic pain. 33. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes, by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of the Respondent's license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, the assessment of costs related to the investigation and prosecution of this case as provided for in Section 456.072(4), Florida Statutes, and/or any other relief that the Board deems appropriate. SIGNED this_