STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, EARL R. HENSON, D.O,, . Ol- IH3\ PC RESPONDENT. a) ) ) } v. ) CASE NO. 1999-58264 ) ) ) ) ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Osteopathic Medicine against Earl R. Henson, D.O., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, 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. Pursuant to the provisions 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 OS 0001793. Respondent's last known address is 1617 Ridgewood Avenue, Suite D, Holly Hil, Florida 32117-1750. 3. Respondent specializes in general osteopathic practice. 4. On or around March 31, 1987, Patient B.M., a female who was at that time thirty (30) years old, presented to Respondent for treatment of obesity. Respondent examined Patient B.M., and prescribed diet and medications. Intermittently over the next eight (8) years, Respondent treated Patient B.M. for obesity, depression, insomnia, and cystitis, until around June 5, 1995. 5. In or around January, 1999, Respondent began dating Patient B.M., who was at that time employed elsewhere as a nurse. In or around February 1999, Respondent's relationship with Patient B.M. became a sexual one. At around this time, Respondent also hired Patient B.M. as a nurse at his practice. 6. Section 459.0141, Florida Statutes, bars sexual misconduct in the practice of osteopathic medicine. Sexual misconduct in the practice of osteopathic ‘medicine is defined as “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 in sexual activity outside the scope of the practice.” 7. On or about May 20, 1999, Respondent ordered a bilateral mammography and bone density scan for Patient B.M. Between April though June 1999, Respondent also prescribed a number of legend drugs for Patient B.M., including Proctofoam (topical corticosteroid), Sulfamethoxanole and Trimethoprim (antibacterial), Vancenase (anti-inflammatory steroid), Metronidazole (antiprotozoal and antibacterial agent), and Carisoprodol (sedative). ; 7 8. Respondent failed to keep any medical records of examinations or treatment of Patient B.M. in 1999, including any medical records which justify his prescribing of the above-listed drugs. OUNT ONE 9. Petitioner realleges and incorporates paragraphs one (1) through eight (8), as if fully set forth herein this Count One. . 10. Respondent violated Section 459.0141, Florida Statutes, by using a previously established physician-patient relationship to induce Patient B.M. into engaging in a sexual relationship with a patient to whom he was providing medical services, outside the scope of his medical practice. 11. Based on the foregoing, Respondent is in violation of Section 459.015(1)(bb), Florida Statutes, by violating any provision of Section 459, Florida Statutes, a rule of the board or department, or a lawful order of the board or department. OUNT TWO 12. Petitioner realleges and incorporates paragraphs one (1) through eight (8) and paragraph ten (10) as if fully set forth herein this Count Two. 13. Respondent exercised influence within a previously established patient- physician relationship with Patient B.M. for the purpose of engaging said’ patient, in sexual activity. 14. Based on the foregoing, Respondent is in violation of Section 459.015(1)(1), 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. THREE 15. Petitioner realleges and incorporates paragraphs one (1) through eight (8) and paragraphs ten (10) and thirteen (13) as if fully set forth herein this Count Three. . 16. Respondent failed to keep medical records for his treatment of Patient B.M. between April 1999 .and June 1999, including any records to justify his ordering of at least two (2) tests and the prescribing of at least five (5) legend drugs for Patient B.M. during that time period. | 17. Based on the foregoing, Respondent is in violation of Section 459.015(1)(0), Florida Statutes, by failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed osteopathic physician who is responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and " hospitalizations.. ‘ WHEREFORE, the Petitioner respectfully requests the Board of Osteopathic 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_|'Zilh day of _[V Viveh , 200. Robert G. Brooks, M.D., Secretary Nancy M. Snurkowski Hf Chief Attorney, Practitioner Regulation COUNSEL FOR DEPARTMENT: Mike Hope Senior Attorney E Agency for Health Care Administration DEPARTMENT OF HEALTH P. O. Box 14229 DEPUTY CLERK Tallahassee, Florida 32317-4229 CLERK Uehi R. Kien Florida Bar # DATE KLK/ PCP: March 9, 2001 PCP Members: Hand, Kaufman

Docket for Case No: 01-001431PL