Aug 2 2007 AUIG-G2-2087? 14:22 P.@S STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2006-09193 TODD SINGER, D.C., ‘ ) RESPONDENT . ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Todd Singer, 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 Yicensed chiropractic physician within the state of Florida, _ having been issued license number CH 4511 on or about November 10, 1983. 3. Respondent's address of record is 14016 South Forest Oak Circle, Davie, Florida, 33325-1348. 4. On or about December 11, 2003, to February 20, 2004, Respondent co-owned and operated with Howard Brass, D.C. (Dr. 4OleG Aug 2 2007 14:06 AUG-B2-2007 14:22 P.@6 Brass), the Brass and Singer Chiropractic Back Pain Center (BSCBPC) . 5. On or about December 11, 2003, investigator TBE who was employed as an investigator by the Florida Department of Financial Services, Fraud Division, was involved in an undercover investigation of the Respondent for alleged'patient brokering. 6. On or about December 11, 2003, investigator TRBK was introduced by J.S. to Dr. Brass. 7, During the Becember 11, 2003, meeting, Dr. Brass offered to pay investigator TBK and J.8. $1,200,00 for each PIP eligible patient they could refer to BSCBPC, 8. On or about February 12, 2004, investigator TBK, J.s8. and undercover investigator (UCI) went to BSCBPC and met with the Respondent. 9, As a result of this meeting, UCI was enrolled as a patient of BSCBPc. io. The Respondent acknowledged that he was aware of the agreement between investigator TBK, J.S. and Dr. Brass, and discussed how payments would be mada to investigator TBK and J.S. for their referral of patients to BSCBPC. 11. UCI was treated by the Respondent on or about February 12, 17 and 19, 2004. la. On or about February 19, 2004, while the Respondent Was present, Dr. Brass paid UCI, two hundred dollars ($200.00) for being a patient at BSCBPC, 4:\PSU\Medical\ Tobey\Cynthia Jakeman\Singer, Todd\Administraive Complaint.doc 2 Aug 2 2007 14:06 AUIG-G2-2087? 14:22 13. On or about February 20, 2004, while the Respondent was present, Dr. Brass paid investigator TER and J.S. a total of $1,200.00 for providing UCI as a patient. 14. on or about March 2, 2004, the Respondent was arrested by the Miami/Dade Police Department for Patient Brokering. 15. In order to resolve the charges filed based on the above-mentioned actions, on or about October 19, 2005, in Case Number F04-006644B for the Circuit Court of the Eleventh Judicial Circuit, in and For Miami-Dade County, Florida, the Respondent pled nolo contendere to violating Section 460.411(2) (d), Florida Statutes (2005). Section 460.411(2)(d), Florida Statutes (2005), provides that it is first degree misdemeanor to knowingly conceal any information relative to violations.of Chapter 460. The Court withheld adjudication and placed Respondent on probation for one year. 16. The Respondent did not report his October 19, 2005 nolo contendere plea to the Board of Chiropractic Medicine within 30 days, nor did Respondent inform the Department of the plea in ~writing-within #5 days. 9707 Count One 17. Patitioner re-alleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 18. Section 456.039(1), Florida Statutes (2005), requires that each physician who applies for license renewal under chapter 458, chapter 459, chapter 460, or chapter 461, except a person registered pursuant to Sections 458.345 and 459.021, Florida 3;\PSU\Medical\Tobey\Cynthia Jakeman\singer, Todd\Administralve Complaint.dac 3 AUIG-G2-2087? 14:22 P.@8 Aug 2 2007 14:07 Statutes, must, in conjunction with the renewal of such license and under procedures adopted by the Department of Health, and in addition to any other information that may be required from the applicant, furnish a description of any criminal offense of which the applicant has been found guilty, regardless of whether adjudication of guilt was withheld, or to which the applicant has pled guilty or nolo contendere. 19. Further, Section 456,039(3), Florida Statues (2005), provides that each person who has submitted information pursuant to subsection (1) must update that information in writing by notifying the Department of Health within 45 days after the occurrence of an event or the attainment of a status that is required to be reported by subsection (1). Failure to comply with the requirements of this subsection to update and submit information constitutes a ground for disciplinary action under each respective licensing chapter and under Chapter 456, 20, Section 456.072(1) (v), Florida Statutes (2005), provides that failing to comply with the requirements for profiling and GreaeHtialingy) “inéluding “but “not” Timited” to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application is grounds for disciplinary action by the Board of chiropractic medicine. 2l. Respondent failed to comply with the requirements regarding the reporting of information to the Department by 1:\PSU\Medical\ Tobey\Cynthia Jakeman\Singer, Todd\Administraive Complaint.doc 4 Aug 2 2007 14:07 AUIG-G2-2087 14:25 P.@9 failing to provide updated information within 45 days regarding his October 19, 2005, nolo contendere plea. 22. Based on the foregoing, Respondent has violated Section 456.072(1)(v), Florida Statutes (2005),.by failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing. Count Two 24. Petitioner re-alleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 24. Section 456.072(w), Florida Statutes (2005), subjects a chiropractic physician to discipline for failing to report to the board in writing within 30 days after the licensee has been ‘convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. 25. Respondent failed to report his” October I9,72005, nolo contendere plea involving a violation Section 460.411(1) (d), Florida Statutes, to the Board of Chiropractic Medicine within 30 days. 26. Based on the foregoing, Respondent has violated Section 456.072(w), Florida Statutes (2005), by failing to report to the board in writing within 30 days after the licensee has heen convicted or found guilty of, or entered a plea of nolo J:\PSU\Medical\Tobey\Cynthia Jakeman\Singer, Todd\Administraive Complaint.doc 5 Aug 2 2007 14: AUIG-G2-2087 14:25 ° a contendere to, regardless of adjudication, a crime in any jurisdiction. Count Three 27. petitioner re-alleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 28. Section 460.413 (1) (e), Florida Statutes (2005), subjects a chiropractic physician to discipline for being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of chiropractic medicine or to the ability to practice chiropractic medicine. Section 460.413(1)(¢), Florida Statute also provides that ‘[a]ny plea of nolo contendere shall be considered a conviction for purposes of this chapter.” 29. Respondent's nolo contendere plea to violating Section 460.411(2) (a), Florida Statutes, comstitutes a conviction of a crime that either directly relates to the practice or the ability to practice chiropractic medicine. oe “BOL Based on che Foregoing, Respondent: has-viotated-Section 460.413 (1) (c), Florida Statutes (2005), by pleading no contendere to violation Section 460.411(2)(d), Florida Statutes on or about October 19, 2005. Count Four 31. Petitioner re-alleges and incorporates paragraphs one (1) through fourteen (16) as if fully sat forth herein. 3:\PSU\Medical\Tobey\Cynthia Jakeman\Singer, Todd\Administraive Complaint.doc 6 Aug 2 2007 14:08 AUIG-G2-2087 14:25 P.ii 32. Section 460.413 (1) (nj, Florida Statutes (2003), subjects a chiropractic physician to discipline for exercising influence on the patient or client in such a manner as to exploit the patient or client for financial gain of the licensee or of a third party which shall include, but not be limited to, ‘the promotion or sale of services, goods or appliances, or drugs. 33. Respondent violated Section 460.413(1)(n), Florida Statutes (2003), in one or more of the following ways: a. By his participation and involvement in the payment to investigator TBK and J.5. of $1,200.00 £or referring UCI as a patient; b. By his participation and ‘involvement in the payment of $200.00 to UCI for being a patient at the BSCBPC. c. ‘By his treatment of patient UCI. 34. Based on the Foregoing, Respondent has violated Section 460.413(1)(n), Florida Statutes (2003), by exercising influence on the patient or client in such a manner as to exploit the patient or client for financial gain. eee pe 35. Pa@titioner re-alleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 36. Section 460.413 (1) (k), Florida Statutes (2003), subjects a licensee to discipline, including suspension, for, making misleading, deceptive, untrue, er fraudulent representations in the practice of chiropractic medicine or employing a trick or scheme in the practice of chiropractic 3:\PSU\Medical\Tabey\Cynthia Jakeman\Singer, Todd\Administraive Complaint.doc 7 Aug 2 2007 14:08 AUIG-G2-2087? 14:24 P.12 medicine when such trick or scheme fails to conform to the generally prevailing standards of treatment in the chiropractic medical community. 37. Respondent employed a trick or scheme in the practice of chiropractic medicine when such trick or scheme fails to conform to the generally prevailing standards of treatment in the chiropractic medical community: a, By his participation and involvement in the payment to investigator TBK and 7.8. of $1,200.00 for referring UCI as a patient; b. By his participation and involvement in the payment of $200.00 to UCI for héing a patient at BSCBPC. Cc. By his treatment of patient UCI. 38. Based on the Foregoing, Respondent has violated Section 460.413(1) (k), Florida Statutes (2003), by employing a trick or scheme in the practice of chiropractic medicine when such trick or scheme fails to conform to the generally prevailing standards of treatment in the chiropractic medical community. a eee coe eee eee a 7 Count Six 39. Petitioner re-alleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 40, Section 460.413 (1) (1), Florida Statutes (2003) subjects a licensee to discipline, including revocation, for, soliciting patients either personally or through an agent, unless such solicitation falls into a category of solicitations approved by rule of the board. 2:\PSU\Madical\ Tobey \Cynthia Jakeman\Singer, Todd\Administraive Complaint.doc 7] Aug 2 2007 14:08 AUIG-G2-2087? 14:24 P.13 41. Respondent solicited patients either personally ‘or through an agent in a manner not approved by rule of the Board: a. By his participation and involvement in the payment to investigator TEK and J.S. of $1,200.00 for referring UCI as a patient; b. By his participation and involvement in the payment of $200.00 to UCI for being a patient at BSCBFC, 42. Based on the Foregoing, Respondent has violated Section 460.413(1) (1), Florida Statutes (2003), by soliciting patients either personally or through an agent, unless such solicitation falls into a category of solicitations approved by rule of the board. 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, restriction of practice, imposition of an administrative fine, issuance of a reprimand, Placement of the Respondent on probation, corrective action, ~ fefund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. i :\PSU\Mediesl\ Tobay\Cynthie Jakeman\Singer, Todd\Administraive Camplaint.doc 9 Aug 2 200? 14:09 AUIG-G2-2087? 14:24 ath SIGNED this 29 day of [Men , 2007. Ana M. Viamonte Ros, M.D., M.P. Secretary, Florida Department of Health = Ss. Tobey Sthultz Assistant Gene Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C65 TMENT OF HEALTH Tallahassee, FL 32399-3265 DEPART Florida Bar # 0542131 cue Peo QO (850) 245-4640 Ext. 8176 pATE_2 ZOD (850) 245-4682 FAX tohey_schultz@doh. state. fl.us PCP: 3facley Coeltkeff = Deakins J:\PSU\Medical\Tobey\Cynthia Jakeman\Singer, Tadd\Administraive Complaint.doc H. 10 Aug 2 200? 14:09 AUIG-G2-2087? 14:25 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. J:\PSU\Medical\Tobey\Cynthia Jakeman\Singer, Todd\Administraive Camplaint.deg it

Docket for Case No: 07-003555PL