Aug 2 2007 14:12 AUIG-G2-2087 14:28 P4521 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, i Vv. CASE NOS. 2006-10865 2006-03722 HOWARD BRASS, 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, Howard Brass, 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 1585. .3. Respondent's address of record is 10071 NW 7™ avenue, Miami, Florida, 33150-1348. 4, On or about December 11, 2003, to February 20, 2004, Respondent co-owned and operated with Todd Singer, pD.c, (Dr. Singer), the Brass and Singer Chiropractic Back Pain Center (BSCBPC) . Aug 2 2007 14:12 ° 6/21 AUIG-G2-2087? 14:28 5. On or about December i1, 2003, investigator TBK who was B . 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 TBK was introduced by 3.8, to the Respondent. 7. During the December 11, 2003, meeting, the Respondent offered to pay investigator TBK and g.s. $1,200.00 for each prp : eligible patient they could refer to BSCBPC, a. On or about Pebruary 12, 2004, investigator TERK, g.g. and undercover investigator (UCI) went to the BSCBPC and met with Dr. Singer, 9, AS a result of this meeting, UCI was enrolled as a patient of the BSCEPC. 10. Dr. Singer acknowledged that he was aware of the agreement between investigator TBK, J,S. and the Respondent, and discussed how payments would be made to investigator TBK and s.s. for their referral of patients to BSCBpC, ll, UCI was treated by Dr. Singer on or about February 12, 17 and 19, 2004, 12. On or about February 19, 2004, while Dr. Singer was present, Respondent paid UCI, two hundred dollars ($200.00) for being a patient at BSCBPC. 13. On or about February 20, 2004, while Dr. Singer was Present, the Respondent paid investigator TBK and J.8. a total of $1,200.00 for providing UCT as a Patient, , 4:\PSU\Medical\Tabey\__C ASE S\Brass\2006-10965\AC-all.doc 2 Aug 2 2007 14:13 AUIG-G2-2087 14:28 Pret 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 { a pled nolo contendere to violating Secrion 460.411(2) (d), Florida Statutes (2005). Section 460,411(2)(d), Plorida 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 45 days, Count One 17. Petitioner 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 438, chapter 459, Chapter 460, or chapter 461, except a person registered pursuant to Sections 458.345 and 459.021, Florida 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 J:\PSU\Medical\Tobey\__C A § E 5\Brass\2006-10865\AC-all,dac 3 oor 14:15 Fug 2 2 P.@8/21 AUG-G2-2087? 14:29 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 j 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 toa be reported by subsection (1). Failure toa 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 Yequirements 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, or initial or renewal licensure application is grounds for disciplinary action by the Board of chiropractic medicine. 21. Respondent failed to comply with the requirements regarding the reporting of information to the Department by failing to provide updated information within 45 days regarding his October 19, 2005, nolo contendere plea. J:\PSU\Medical\Tobey\__C ASE 5\Brass\2006-10865\AC-all,doc 4 oor 14:15 Fug 2 2 Paget AUIG-G2-2887 14:29 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 4 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, i i credentialing. ; Count Two 23. Petitioner re-alleges and incorporates Paragraphs one (1) through sixteen (16) as if fully set forth hérein, . 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 4a plea of nolo contendere to, regardless of adjudication, a crime in “any jurisdiction. 25. Respondent failed to report his October 19, 2005, nolo contendere plea involving a violation Section 460.411(1) (a), Florida Statutes, to the Board of Chiropractic Medicine within 30 4 days. 26, Based on the foregoing, Respondent has violated Section 456.072(w), Plorida Statutes (2005), by failing to report to the board in writing within 306 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, J:\PSU\Medical\Tohey\__C ASE S\Brass\2006-10865\AC-all.doc 5 2 2007 14:15 Pug P.ie-2t AUIG-G2-2887 14:29 Count Three 27. Petitioner re-alleges and incorporates paragraphs one (1) through sixteer’(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) (c), Florida Statute also provides that “[a]ny pleéa of nolo contendere ghall be considered a conviction for purposes of this chapter.” 29. Respondent's nolo contendere plea to violating Section 460.411 (2) (da), Plorida Statutes, constitutes a conviction of a crime that either directiy relates to the practice or the ability to practice chiropractic medicine. 30. Based on the Foregoing, Respondent has violated Section 460.413 (1) (c), Florida statutes (2005), by pleading no contendere fo violation Saction 460.411(2)(d), Florida Statutes on or about October 19, 2005, Count Four 31. Petitioner re-alleges and incorporates paragraphs ane (1) through fourteen (16) as if fully set forth herein. 32, Section 460,413 (1) (n), Florida Statutes (2003) Subjects a4 chiropractic physician to discipline for exercising influence on the Patient or client in such a manner as to exploit J:\PSU\Medical\Tobey\__C ASE S\Brass\2006-10865\AC-all,doc 6 Aug 2 200? 14:14 “ AUIG-G2-2087 14:38 P.divet the patient or client for financial gain of the licensee or of a third party which shall inelude, 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.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 the BSCEPC. | c. By his treatment of patient UCI. 34. Based on the Foregoing, Respondent has violated Section 460.413(1)(m), Florida Statutes (2003), by exercising influence on the patient or client in such a Manner as to expleit the patient or client for financial gain. Count Five 35. Petitioner re-alleges and incorporates paragraphs one (2) through sixteen (16) as if fully set farth herein. 36. Section 460.413 (1) (k), Florida Statutes (2003) subjects a licensee to discipline, including suspension, fox, making misleading, deceptive, untrue, or fraudulent representations in the practice of chiropractic medicine er 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. J:\PSU\Medical\Tobey\__C ASE S\Brass\2006-10865\AC-all.doc : 7 Aug 2 200% 14:14 ot P.12/ ALIG-@2-2807 14:38 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 madical community: a. By his participation and involvement in the : ‘payment to investigator TBK and J.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 being a patient at BSCBPC. c. By his treatment of patient UCI. 38. Based on the Foregoing, Respondent has violated Section 460.413 (1) (k), Plorida Statutes (2003), by employing @ 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. . 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, ine¢luding revocation, for, soliciting patients either personally or through an agent, unless such solicitation falls inte a category of solicitations approved by rule of the board. 41. Respondent solicited patients either personally or through an agent in a manner not approved by rule of the Board; J:\PSU\Medical\Tabey\__ CAS E $\Brass\2006-10865\AC-all.doc 8 Aug 2 200? 14:14 AUIG-G2-2087 14:38 P.13/21 a. By his participation and involvement in the payment to investigator TBK and J.S, of $1,200.00 for 4 referring UCI as a patient; ‘ b. By his participation and involvement in the payment of $200.00 to UCI for being a patient at BSCBPC. i 42, Based on the Foregoing, Respondent has violated Seation 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, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate, J:\PSU\Medical\Tobey\__C A $ E $\Brass\2006-10865\AC-all.doc a) AUIG-G2-2087 14:38 Aug 2 200? 14:15 nl : SIGNED this ple ae day of Rew My , 2007. DEPARTMENT OF HEALT: DEPUTY CLERK oLenk: aa Onl @20r. | 272 DATE a Ana M. Viamonte Ros, M.D., M.P.H. P.14/2t Secretary, Florida Department of Health) — oO Le \ Tobey Sehal . Assistant G Tal Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C65 Tallahassee, FL 32399-3265 Florida Bar # 0542131 (850) 245-4640 Ext. 8176 (850) 245-4682 FAX tobey_schultz@doh.state.f1.us PCP: 3/30/07 enkins + Luehilol® * J:\PSU\Medical\Tobey\__C A 5 E S\Brase\2006-10865\AC-all.doc 10 Aug 2 200? 14:15 P.1is/2t AUIG-G2-2087? 14:41 NOTICE OF RIGHTS Fi = Respondent has the right to request a hearing to he ; : conducted in accordance with Section 120.569 and 120.57, Florida : Statutes, to be represented by counsel or other qualified a 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. ‘ F:\PSU\Medical\Tobey\__C ASE 5\Brass\2006-10865\AC-all.doc 11

Docket for Case No: 07-003557PL