STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ce £4 43S Petitioner, Vv. CASE NO, 2005-51357 YAO WU LEE, AP., Respondent. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Acupuncture against the Respondent, Yao Wu Lee, A.P,, and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of acupuncture pursuant to Section 20.43, Florida Statutes; Chapter - 456, Florida Statutes; and Chapter 457, Florida Statutes, 2. At all times material to this Complaint, Respondent was registered with the Board of Acupuncture as an acupuncturist, having been issued license number 10 on February 9, 1982. 2:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457.109(1)(j)].doc 90d BRILL GO0e @ 78d erat c00¢ @ Jay 3. Respondent's address of record is 8335 Twin Lake Drive, Boca Raton, Florida 33496-1921. 4. Respondent maintains a place of business for acupuncture treatment named “Washington Medical Center” at 7800 West Oakland Park Boulevard, #D-110, Sunrise, Florida 33351. FACTS RELATED TO PATIENT A.N. 5. On or about March 4, 2005, Patient A.N., a 37 year-old female, presented herself to Respondent at his office for the purpose of receiving acupuncture treatment to address the patient's primary complaint of allergies. 6. During the treatment appointment, Patient A.N. discussed with Respondent additional medical problems Patient A.N. was experiencing at the time including asthma, uterine fibroid tumors, sexual dysfunction, pressure in the patient’s eyes, and being obese, 7, Respondent escorted Patient A.N. to an examination room where Respondent asked the patient to remove all of her clothing except for her brassiere and to lie on the examination table. 8. While Patient A.N. thought it odd that Respondent was focusing on her secondary complaint involving the uterus, Patient A.N. complied. J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457.109(1)(j)].doc 90 ‘d brill S008 @ 78d cr:oTt G00¢ 2 Jaq 9, Respondent then touched Patient A.N.’s abdomen and asked if the patient experienced discomfort. 10. Respondent next put on a glove, opened the Patient’s labia, and after opening her a few times, inserted his gloved finger in the Patient's vagina, 11. | Respondent expressed his concern that the patient’s vagina was dry, and asked whether Patient A.N. experienced discomfort during sex. 12. During this time, Respondent was asking questions of Patient AN. regarding her husband and their sexual relationship with one another. 13. Respondent then removed his finger and placed acupuncture needles in Patient A.N.'s facial area, her abdomen, and her upper thighs to treat the patient's primary complaint of allergies. 14. — At the end of the office visit, Respondent told Patient A.N. that the she would only need a few visits for her allergy problem, but would heed ten (10) to fourteen (14) treatments for her uterine problem. 15. On or about March 5, 2005, Patient A.N. returned for follow-up acupuncture treatment for allergies. 16. As on the previous day, Respondent escorted Patient A.N. to an examination room where Respondent asked the patient to remove all of her J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457.109(1)(j)].doc é0‘d pRiLL S008 @ 789 cr:oTt G00¢ 2 Jaq clothing except for her brassiere and to lie on the examination table, and Patient A.N. complied. 17, Respondent inserted acupuncture needles in Patient A.N.’s facial area, her abdomen, and her upper thighs to treat her primary complaint of allergies. 18. Towards the end of the treatment, Respondent pulled up a chair next to Patient A.N. and began caressing the patient’s arm close to her breast, , 19, Patient A.N. told Respondent that she had told her husband about Respondent’s request for her to be naked (except for her brassiere) during the treatment sessions. 20. Respondent told Patient A.N. that nothing that happened in the examination room should be discussed with her husband. 21. Respondent's actions and remarks caused Patient A.N. to strongly believe she had been sexually violated by Respondent. 22. Respondent did not provide Patient A.N. with an explanation of treatment that included Respondent inserting his finger into Patient A.N.’s vagina, nor did Respondent provide Patient A.N. with an opportunity to J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457.109(1)(j)].doc 80 ‘d brill S008 @ 78d erat c00¢ @ Jay decline the receipt of treatment that included Respondent inserting his finger into Patient A.N.’s vagina. 23. Respondent did not make notation in Patient A.N.’s medical records justifying a course of treatment that included inserting Respondent's finger into Patient A.N.’s vagina. 24, During the treatment of Patient A.N., Respondent did not drape Patient A.N. to cover her exposure, nor did Respondent offer to drape Patient A.N. to cover her exposure. 25. Throughout the treatment of Patient A.N., no female monitor was present, and Respondent did not offer to have one present. , 26. On or about March 8, 2005, Patient A.N., who was upset and confused by the treatments she received from Respondent, contacted the police and ultimately filed a police report against Respondent. FACTS RELATED TO PATIENT N.R. 27, On or about March 19, 2005, Patient N.R., a 46 year-old female, presented to Respondent at Respondent's office, Washington Acupuncture Center (WAC) in Sunrise, Florida, for the purpose of receiving acupuncture treatment following an motor vehicle accident. 28. = Patient N.R.’s complaints consisted of lower back pain. 3:\PSU\Allied Health\ Acupuncture Board\April Skilling Administrative Complaints\Lee(2005-51357) [457.109(1)(j)].doc 60d brill S008 @ 78d Spigot G00e 2 Jal 29, Respondent provided acupuncture treatment to Patient N.R. 30. On or about March 25, 2005, Patient N.R. presented once again to Respondent at the WAC for follow-up acupuncture treatment. 31. Patient N.R. was placed in a treatment room and was asked by Respondent to remove her clothing down to her panties and brassiere, and Patient N.R. complied. 32. Respondent treated Patient N.R.’s complaints by inserting acupuncture needles on the front of the patient’s body, face, head, and neck, 33. Following the treatment, Respondent returned to the treatment room and removed the acupuncture needies. 34, While removing the needies, Respondent asked Patient N.R. if she would like to join fim for dinner that evening, she declined this invitation. | 35. Respondent noted after removing all the needies from Patient N.R. that she was pale in the face. 36. Respondent indicated to Patient N.R. that he was going to massage her neck in order to get the blood flowing. J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457.109(1)(j)].doc Ol'd GPtllL S00e @ 789 Spigot G00e 2 Jal 37. Patient N.R. was positioned on her stomach while Respondent massaged her neck. 38. Respondent next unhooked Patient N.R.’s brassiere in order to massage her spinal area and after completing this massage, asked her to flip over onto her back to massage her front, and Patient N.R. complied. 39, While Patient N.R. was lying on her back on the treatment table, — Respondent pushed her, exposing her breasts, and began to massage her neck, breasts, stomach, and top of her thighs. | 40. While massaging Patient N.R., Respondent told Patient N.R, that she had the body of a young girl and that Respondent needed to get her sexual energy flowing again. 41. Patient N.R. told Respondent to stop what he was doing and that she felt uncomfortable. 42. As Patient N.R. stood up to get clothed, she tried to shield herself while dressing, and Respondent stood and watched her, 43. Respondent did not provide Patient N.R. with an opportunity to decline the receipt of treatment that included Respondent massaging her breasts, stomach, and upper thighs. J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457.109(1)(j)].doc Lk *d GPillL GO0e@ @ 38d Sr:otl c00¢ @ Jay 44. Respondent did not make a notation in Patient N.R.’s medical records justifying a course of treatment that included massaging her breasts, stomach, and upper thighs. , 45. Throughout the examination, the door to the examination room | was closed. 46. Throughout the treatment of Patient N.R., no female monitor was present, and Respondent did not offer to have one present. 47, Patient N.R., feeling upset and violated by the comments and treatment she received from Respondent ori March 25, 2005, immediately. contacted the Sunrise Police Department after leaving Respondent's office and filed a police report against Respondent, COUNT ONE 48. Petitioner realleges and incorporates paragraphs one (1) through twenty-six (26) as if fully set forth herein, | 49. Section 457.109(1)(x), Florida Statutes (2004), sets forth grounds for disciplinary action by the Board of Acupuncture for violating any provision of Chapter 456 or Chapter 457, or any rules adopted pursuant thereto. 4:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457.109(1)(j)].doe él‘d GPtll S00e @ 78d Sr:otl c00¢ @ Jay 50. Section 456.072(1)(u), Florida. Statutes (2004), sets forth disciplinary guidelines for engaging or attempting to engage in sexual misconduct as defined and prohibited by Section 456,063(1), Florida Statutes (2004), | 51. Section 456.063(1), Florida Statutes (2004), states that sexual activity in the practice of a health care profession means violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. 52. Section 457.109(1)(j), Florida Statutes (2004), sets forth grounds for disciplinary action by the Board of Acupuncture for exercising influence within the patient-acupuncturist 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 . her acupuncturist. :\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457.109(1)(j)].doc Bld GPtllL S00e @ 789 ROT S00¢ 2 Jal 53. Respondent exercised influence within the patient-acupuncturist relationship for purposes of engaging Patient A.N. in sexual activity, or used his professional relatioriship to engage or attempt to engage Patient A.N., or to induce or atternpt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession, by engaging or attempting to engage Patient A.N. in sexual activity through insertion of Respondent's finger into Patient A.N.’s vagina while Patient A.N. was under the care and treatment of Respondent, 54. Based on the foregoing, Respondent. violated Section 457.109(1)(x), Florida Statutes (2004), by violating 456.072(1)(u), Florida Statutes’ (2004), or by violating Section 457.109(1)(), by engaging or attempting to engage Patient A.N.. in sexual misconduct, or by exercising influence within the patient-acupuncturist relationship ‘for purposes of engaging Patient A.N. in sexual activity, when Respondent inserted his finger into Patient A.N.’s vagina while Patient AN. was under the care_and treatment of Respondent. J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457,.109(1)(j)].doc 10 tl od GPtll S00e @ 78d ROT S00¢ 2 Jal COUNT TWO 35. Petitioner realleges and incorporates paragraphs one (1) through twenty-six (26) as if fully set forth herein, 56. Section 457.109(1)(m), Florida Statutes (2004), sets forth grounds for disciplinary action by the Board of Acupuncture for failing to keep written medical records which are consistent with the practitioner’s style of acupuncture justifying the course of treatment of the patient. 57. Respondent failed to keep written medical records consistent with the Respondent's style of acupuncture justifying the course’ of treatment of the patient, by failing to keep written medical records justifying the insertion of Respondent's finger into Patient A,N.’s vagina. 58. Based on the foregoing, Respondent violated Section 457.109(1)(m), Florida Statutes (2004), by failing to keep written medical records consistent with Respondent's style of acupuncture justifying the insertion of Respondent's finger into Patient A.N.’s vagina, during the course of Patient A.N.’s treatment. J:\PSU\Allied Health\ Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457.109(1)(j)].doc Gl ‘d Spell S008 @ 78d FR:OT S00¢ @ Jay COUNT THREE 59, Petitioner realleges and incorporates paragraphs one (1) through four (4), paragraphs twenty-seven (27) through forty-seven (47), and paragraphs forty-nine (49) through fifty-two (52), as if fully set forth herein, 60. Respondent exercised influence within the patient-acupuncturist relationship for purposes of engaging Patient N.R. in sexual activity, or used his professional relationship to engage or attempt to engage Patient N.R,, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health Care profession, in one or more of the following ways: a. By groping, . fondling, or manipulating Patient N.R,’s breasts in a sexual manner while Patient N.R. was under the care and treatment of Respondent; b. By groping, fondling, or manipulating Patient N.R.’S upper thighs in a sexual manner while Patient N.R. was under the care and treatment of Respondent; c. _ By telling Patient N.R. that she had the body of a young girl and that Respondent needed to get Patient N.R.’s sexual energy flowing. J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457.109(1)(j)].doc 12 9h "d Spell S008 @ 78d ROT S00¢ 2 Jal 61. Based on the foregoing, Respondent violated Section 457.109(1)(x), Florida Statutes (2004), by Violating 456.072(1)(u), Florida Statutes (2004), or by violating Section 457.109(1)(j), by engaging or attempting to engage Patient N.R. in sexual activity, or by exercising influence within the patient-acupuncturist relationship: for purposes of engaging Patient N.R. in sexual activity, when Respondent groped, fondled, or manipulated Patient N.R.’s breasts in a sexual manner, or when Respondent groped, fondled, or manipulated Patient N.R.'S upper thigh area in a sexual manner, or by telling Patient N.R. that she had the body of a young girl or that Respondent needed to get Patient N.R.’s sexual energy flowing, while Patient N.R. was under the care and treatment of Respondent. COUNT FOU 62, Petitioner realleges and incorporates paragraphs one (1) through four (4), and paragraphs twenty-seven (27) through forty-seven (47), as if fully set forth herein. 63. Section 457.109(1)(m), Florida Statutes (2004), sets forth grounds for disciplinary action by the Board of Acupuncture for failing to J:\PSU\Allied Health\ Acupuncture Board\April Skilling\Administrative Compiaints\Lee(2005-51357) [457.109(1)({)}.doc 13 él‘d Spell S008 @ 78d ROT S00¢ 2 Jal keep written medical records which are consistent with the practitioner's style of acupuncture justifying the course of treatment of the patient. 64. Respondent failed to keep written medical records consistent with the Respondent's style of acupuncture justifying the course of treatment of the patient, in one or more of the following ways: a. By failing to keep written medical records justifying the groping, fondling, or manipulation of Patient N.R.’s breasts during treatment of Patient N.R. b, By failing to keep written medical records justifying the groping, fondling, or manipulation of Patient N.R.’s upper thigh area during 7 treatment of Patient NLR. . c. By failing to keep written medical records justifying the » need for Respondent to get Patient N.R.’s sexual energy flowing, 65. Based on the foregoing, Respondent violated Section 457.109(1)(m), Florida Statutes (2004), by failing to keep written medical records consistent with Respondent's style of acupuncture justifying the groping, fondling, or manipulation of Patient N.R.’s breasts, or the groping, fondling, or manipulation of Patient N.R.’s upper thigh area, or the need for J\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457.109(1)¢j)].doc 14 Bld Spell S008 @ 78d oP:OT S00¢ @ Jay Respondent to get Patient N.R.’s sexual energy flowing, during the course of Patient N.R.’s treatment. WHEREFORE, Petitioner respectfully requests that the Board of Acupuncture enter an order imposing one or more: of the following penalties: denial of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a. reprimand, placement of. Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate, J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457,109(1)(4)].doc 15 Bled éPi ll GO0e @ 789 op:OT G00¢ 2 Jal “SIGNED this /4Z_ day of Yb ctisedl., 2005. John ©. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health Ie Oe itttt Wee FILED Kpfil Dawn M. Skilting DEPARTMENT OF HEALTH Assistant General Counsel CLERK neve. Mek DOF, Prosecution Services Unit DATE O- 12-0" 4052 Bald Cypress Way, Bin C-65 - iBe Tallahassee, FL 32399-3265 Florida Bar # 0805165 (850) 414-8126 office (850) 414-1989 facsimile Reviewed and approved by: ox were (date) PCP: September 9, 2005 PCP Mernbers: Gregory Gunter and Qun Wana, A.P. J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Lee(2005-51357) [457.109(1)(j)].doc Qed éPi ll GO0e @ 789 op:OT G00¢ 2 Jal

Docket for Case No: 05-004390PL