STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2005-63846 THOMAS THOMAS, JR., M.D., RESPONDENT. ee AD ‘TIVE COMPLAI . COMES NOW, Petitioner, Department of Health, by and through Its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Thomas Thomas, Jr., M.D., and in support thereof alleges: 1. ‘Petitioner is: the state department charged with regulating the practice of physical therapy pursuant to Section 20.43, Florida Statutes, and Chapters 456 and 458, Florida Statutes. , 2, At all times material to this Complaint, Respondent was licensed to practice medicine within the State of Florida pursuant to Chapter 458, Florida Statutes, having been issued license number ME29154. 90 ‘d GLt9. 9008 é6 Yer QT:ST 900¢ Ze Uer oO . o~ 3. Respondent’s address of record is 6417 3% Avenue West, Bradenton, Florida. 4. At all times material to this order, Dr. Thomas practiced as an obstetrician/gynecologist at Manatee Gynecology (*Manatee”) located at 6417 3™ Avenue West, Bradenton, Florida 34209-2319, 5. Respondent is board certified in obstetrics and gynecology. 6. Patient J.L. has been a patient of Manatee and/or Respondent for over ten (10) years. , 7. On or about September 12, 2005, female Patient J.L., presented to Respondent's office with complaints of a urinary tract infection (“UTI’) or bladder infection. 8. Patient J.L. was intially seen by Respondent’s nurse who showed her to an examination room, triaged her and directed her to strip , from the waist down. . , 9. Respondent entered the examination room where Patient J.L.. was waiting, , . 10. Patient J.L. told Respondent that her mother had recently passed away, that she was extremely upset and/or distraught over her Thomas, MD, AC 12 22 05 (2) . 2 é0‘d Elt9. 9008 é6 Yer ST:ST 900¢ 4@ Uer os om, mother’s death, that she could not sleep and that she thought she had a UTIL. Respondent directed Patient J.L. to lie on the examination table. 11. Respondent engaged in sexual misconduct with Patient J.L. by inserting his penis into Patient J.L. - , 12. Respondent prescribed Xanax to Patient J.L, but no other medication to J.L. | 13. Xanax contains alprazolam which is a triazolo analog of the benzodiazepine class of central nervous system-active compounds, and Is a Schedule IV controlled substance listed in Chapter 893, Florida Statutes. Xanax is indicated for the management of anxiety disorders, 14. Patient J.L. was shocked and upset by Respondent's actions, 15. Throughout Respondent's time with Patient J.L., no female monitor was present, and Respondent did not offer to have one present. 16. On or about September 13, 2005, Patient J.L. reported the incident to the local law enforcement as a sexual battery. 17. On or about September 15, 2005, a controlled telephone cail was conducted. between Patient J.L. and Respondent, During the conversation, Patient J.L. and Respondent discussed the fact that J.L. was Thomas, M.D., AC 1222 05 (9) . 3 80 ‘d Elt9. 9008 é6 Yer ST:ST 900¢ 4@ Uer fn ~~ upset during her recent office visit with Respondent, and that Respondent did not have the right to do what he did to her (Patient J.L.). 18. Respondent stated that he thought the act was consensual between himself and J.L. COUNT ONE 19. Petitioner realleges and incorporates paragraphs one (1) through eighteen (18) as if fully set forth herein. 20, Section 456.072(1)(u), Florida Statutes (2005), provides that engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes (2005), constitutes grounds for disciplinary action by the Board of Medicine. | 21. Section 456.063(1), Florida Statutes, (2005) states: Sexual misconduct 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, or an immediate family member, guardian, or representative of 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 professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. 22. Respondent used his professional relationship to engage or attempt to engage Patient J.L. in physical sexual activity outside the scope ‘Thottas, M.D., AC 1222 05 () . 4 60d éli9l 9008 é6 Yer QT:ST 900¢ Ze Uer a oS of the professional practice of medicine, when he inappropriately inserted his penis into Patient J.L. 23. Based on the foregoing, Respondent violated Section 456.072(1)(u), Florida Statutes (2005), by engaging or attempting to engage Patient J.L. in sexual misconduct, when Respondent inserted his penis into Patient J.L. ce] TWO 24, Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 25. Section 458.331(1)(nn), Florida Statutes (2005), provides that violating any provision of Chapters 456 or 458, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board | of Medicine. | , 26. Section 458,329, Florida Statutes (2005), states: 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 that relationship to induce or attempt to Induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of medicine is prohibited, Thonnss, M.D., AC 1222 05 (e 5 Ol'd Elt9. 9008 é6 Yer ST:ST 900¢ 4@ Uer cr , : on 27. Section 458.331(1)(j), Florida Statutes (2005), subjects a licensee to discipline for exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. For purposes of this section, a patient is presumed to be Incapable of giving free, full, and informed consent to sexual activity with her physician. 28. Rule 64B8-9.008, Florida Administrative Code (FAC), provides that: | . (1) Sexual contact with a patient is sexual misconduct and is a violation of Sections 458.329 and 458.331(1)(j), F.S. (2) For purposes of this rule, sexual misconduct. between a physician and a patient Includes, but is not limited to: (a) Sexual behavior or involvement with a patient including verbal or physical behavior which (1) May reasonably be interpreted as ~ romantic involvement with a patient regardless of whether such involvement - occurs in the professional setting or outside of it; z (2) May reasonably be interpreted as intended for the sexual arousal or gratification of the physician, the patient or any third party; or (3) May reasonably be interpreted by the patient as being sexual. — 29. Respondent engaged in sexual misconduct by inappropriately inserting his penis in Patient J.L. . . Thomas, M.D,, AC 1222.05 (7 , oO 6 Lk “d BLt9_ 9008 é6 Yer 20ST 900¢ 4@ Yer 30. Based on the foregoing, Respondent violated Section 458.331(1)(nn), Florida Statutes (2005), by violating Section 458.329, Florida Statutes (2005), and/or Section 458.331(1)(j), Florida Statutes (2005), and/or Rule 64B8-9.008, FA.C., when Respondent used his professional position to engage or attempt to engage Patient J.L. in sexual activity, when he inappropriately inserted his penis into Patient J.L. COUNT THREE 31. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 32. Section 458.331(1)(t), Florida Statutes (2005), provides that committing medical malpractice as defined in Section 456.50, Florida Statutes; committing gross medical malpractice: or committing repeated medical malpractice as defined in Section 456.50, Florida Statutes, constitutes grounds for disciplinary action by the Board of Medicine. 33. Respondent committed medical malpractice, committed gross medical malpractice or committed repeated medical malpractice when he failed to examine and or treat Patient J.L.’s complaints of a UTI or bladder infection. 34. Based on the foregoing, Respondent violated Section Thomas, M.D. AC 12 22 05 «) 7 él‘d Blt9_ 9008 é6 Yer 20:97 900¢ ¢@ er 458.331(1)(0), Florida Statutes (2005), when Respondent failed to examine and or treat Patient J.L.’s complaints of a UTI or bladder infection. WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action and/or any other. relief that the Board deems appropriate. L . . SIGNED this _Z2-_ day of Leah, 2005. M. Rony Frangois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health Lynne A. Quinby-Péhnock Assistant Gerleral Counsel Florida Bar No, 0394572 DOH, Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 850.245.4640, ext. 8144 Office 850.245.4681 Facsimile . PCP: /2.22.057 OEPART WENT OF HEALTr PCP Members: Ongla, A. D, Dyches CuERK Ging a DATE__J2-2.2.-05" ; Thoinns, M.D,, AC 12 22 05 @ . ; 8 Bld Blt9_ 9008 é6 Yer 20ST 900¢ 4@ Yer NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing Is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess Costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition any other discipline imposed. Thomas, MD., AG 12 22 05 (+) 9 tl od Blt9_ 9008 é6 Yer 20ST 900¢ 4@ Yer

Docket for Case No: 06-000358PL