Feb 3 2006 11:44 Feb 3 2006 12:46 P.03 STATE OF FLORIDA = DEPARTMENT OF HEALTH 2 Lo} DEPARTMENT OF HEALTH, = PETITIONER, v. : _ CASE NO, 2002-23616 STEPHEN M, MONAHAN, D.C., RESPONDENT. a DMINI TIVE COMP T COMES Now, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of ‘Chiropractic Medicine against Respondent, Stephen Monahan, D.C, and in support thereof alleges: 1. Petitioner is the state department charged with regulating the Practice of Chiropractic Medicine pursuant to section 20.43, Florida Statutes; Chapter 456, Florida Statutes: and Chapter 460, Florida Statutes, 2. At all times material to this Complaint, Respondent was a licensed chiropractic physician within the State of Florida, having been issued license number CH 3212, Feb 3 2006 11:45 Feb 3 2006 12:46 P. O04 3. Respondent's address of record is 4022 Blanding Boulevard, Jacksonville, FL 32210-5417. 4, On or about April 18, 2000, Patient J.D,, an eighteen-month Old child, and his mother, Patient M,R., were involved in a motor vehicle accident. | 5. On or about May 2, 2000, following the above mentioned automobile accident, Patient J.D. and his mother presented to the Respondent's office. 6. Patient J.D.’s mother filled out a motor vehicle accident form wherein she indicated that the eighteen month old patient had no major complaints or symptoms as a result of the automobile accident. Additionally, the mother indicated that there was no complaint of pain, and no first onset of symptoms. 7. Notwithstanding the aforementioned, the Respondent's medical records for Patient J.D. indicate that he made several positive orthopedic findings of moderate to severe cervical and lumber spine sprain injuries with limited range of motion of both the cervical and dorsal lumber spine regions, Additionally, the Respondent noted that Patient J.D. indicated mid and lower back pain, and headaches as his chief complaints. Stephen Monahan, D.C. Case Number 2002-23616 2 TAPSU\Medical\William Miller\Cases\Monahan 2002-23616\Monahan.Administrative Complaint.doc Feb 3 2006 11:45 Feb 3 2006 12:46 P.O5 8. The complaints and symptoms noted by. the Respondent do not correlate with the indications of the patient's mother, and would be difficult to illicit from an eighteen month old, asymptomatic patient. , 9. Notwithstanding the indication from Patient J.D.’s mother that Patient J.D. suffered no complaints or symptoms, Respondent's medical records indicate that he treated Patient J.D. on May 4, 5, 10, and 12, 2000. 10. The medical records reflect that the Respondent only treated Patient J.D.’s lumbar spine on the initial visit and utilized only a lumbar diagnosis for each subsequent treatment even though the Respondent had indicated findings of cervical injuries suffered by Patient J.D. of equal severity. 11. The medical records are devoid of any indication that Patient J.D’s mother provided authorized consent for the Respondent to render treatrnent to the minor patient. COUNT ONE 12. Petitioner re-alleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 13. Section 460.413(1)(r), Florida Statutes (2002), provides that gross or repeated malpractice or the failure to practice chiropractic medicine at a level of care, skill, and treatment which is recognized by a Stephen Monahan, 0.C, Case Number 2002-23615 3 J:\PSU\Medical\William Miller\Cases\Monahan 2002-23616\Monahan.Administrative Complaint.doc Feb 3 2006 11:45 Feb 3 2006 12:46 P. 06 reasonably prudent chiropractic physician as being acceptable under similar conditions and circumstances constitutes grounds for disciplinary action by ‘the Board of Chiropractic Medicine. 14. The Respondent failed to practice chiropractic medicine at a level of care, skill, and treatment which is recognized by a reasonably prudent chiropractic physician as being acceptable under similar conditions and circumstances in one or more of the following ways: a, The Respondent made several positive orthopedic findings for moderate to severe cervical and lumber spine sprain injuries with limited range af motion of both the cervical and dorsal lumber spine regions, and noted that Patient J.D, suffered from mid and lower back pain and headaches as Patient J.D’s chief complaints even though the eighteen-month old, asymptomatic patient had presented with no chief complaints of pain, no symptoms, and no injuries as a result of the motor vehicle accident. b, The Respondent treated Patient J.D/s lumbar spine on the initial visit and utilized a lumbar diagnosis for each subsequent treatment even though he indicated findings of cervical injuries suffered by Patient J.D. of equal severity. 15. Based on the foregoing, Respondent has violated Section 460.413(1)(r), Florida Statutes (2002), by failing to practice chiropractic -medicine at a level of care, skill, and treatment which is recognized by a Stephen Monahan, D.C. Case Number 2002-23616 4 7:\PSU\Medical\william Miller\Cases\Monahan 2002-23616\Monahan.Administrative Complaint.doc Feb 3 2006 11:45 Feb 3 2006 12:46 P.O? reasonably prudent chiropractic physician as being acceptable under similar conditions and circumstances. COUNT TWO 16. Paétitioner re-alleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 17, Section 460.413(1)(0), Florida Statutes (2002), provides that performing professional services which have not been duly authorized by the patient or client or her or his legal representative except as provided in Sections 743.064, 766.103, and 768.13., constitutes grounds for disciplinary action by the Board of Chiropractic Medicine. 18. On or about May 2, 4, 5, 10, and 12, 2000, the Respondent performed professional services on Patient J.D., which had not been duly authorized by the patient or his legal representative. 19. Based on the foregoing, Respondent has violated Section 460.413(1)(0), Florida Statutes (2002), by performing professional services ‘on Patient J.D., which had not been duly authorized by the patient or his legal representative. WHEREFORE, the Petitioner respectfully requests that the Board of Chiropractic Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, Stephen Monahan, D.C, Casa Number 2002-23616 fs] 2)\PSU\Medical\William Miller\Cases\Monahan 2002-2361.6\Monahan.Administrative Comptaint.doc Feb 3 2006 11:46 Feb 3 2006 12:46 P.08 restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this_-“"__ day of Avetiads , 2005. John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health FILED DEPARTMENT OF HEALTH ; CLERK aoe Moko Vi heatall fe DATE g-36-05° William F. Miller Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0421080 (850) 414-8126 (850) 414-1991 FAX Reviewed and approved by: ( ac (initials) £/ Boy (date) pcp: & -QS-0S- PCP Members: Kirby + Wilfson Stephen Monahan, D.C. Case Number 2002-23616 6 J:\PSU\Medical\Willam Miller\Cases\Monahan 2002-23616\Monahan.Administrative Complaint.dac Feb 3 2006 11:45 Feb 3 2006 12:47 P.09 Stephen Monahan, D.C. Case Number 2002-23616 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in. accordance with Section 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 to any other discipline imposed. Stephen Monahan, D.C. Case Number 2002-23616 7 2:\PSU\Medical\William Miller\Cases\Monanan 2002-23616\Monahan.Administrative Complaint.doc

Docket for Case No: 06-000451PL