Aug 31 200? 14:51 fug 31 2007 14:49 P. O04 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. ELY D. PELTA, M.D., CASE NO. 2006-32020 RESPONDENT. ISTRATIV COMES NOW the Petitioner, Department of Health, here referred to as “Petitioner,” and files this Administrative Complaint nafter before the Board of Medicine against Ely D. Pelta, M.D., hereinafter referred to as “Respondent,” and alleges: 1. ‘Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes, and Chapter 458, Florida Statutes. Pursuant to the provisions of Section 20.43(3), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to wi. JAPSU\Medical\WARREN PEARSON\AC's\Pelta(Sexual Misconduct).doc 10.08L Aug 31 200? 14:51 dug 31 2007 14:49 P.O5 provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is and has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 59840. 3. Respondent’s-dastknown address is 5551 N. University | Drive, Suite 102, Coral Springs, FL 33067. 4. Respondent specializes in Psychiatry and Neurology. 5. In approximately April 2004, an adult female patient, Patient A.N., presented to Respondent for anxiety, depression and alcohol abuse. ‘Over the course of Respondent's treatment of Patient A.N., he prescribed several controlled substances listed as legend drugs as defined in Section 465,003(8), Florida Statutes, including, but not limited to, Ativan, Trazodone and Wellbutrin. 6. During Patient A.N.’s second or third visit with Respondent in approximately June or July 2004, Patient A.N. sat down on Respondent's -2- JAPSU\Medical\WARREN PEARSON\AC's\Pelta(Sexual Misconduct).doc Aug 31 200? 14:51 fug 31 2007 14:49 P. O06 lap while he hugged her by placing his arms around her torso. Respondent told Patient A.N., “Maybe this is just what you need.” 7. Every time or the majority of times thereafter, Patient A.N. would sit on Respondent's lap while he hugged her. Some incidents were initiated by Patient A.N. and other incidents were initiated by Respondent's verbal or nonverbal instructions and/or encouragement. prea es eee i " 8. At some point early in his treatment of Patient A.N., Respondent would refer to Patient A.N.’s breasts as “his girls” and would frequently state “Let me say goodbye to the girls” while hugging her ina standing position when Patient A.N.'s sessions were concluding. 9. During one session that approximately occurred between November 2004 and January 2005, Respondent made a comment to Patient A.N. about the allegedly large size of his penis. Patient A.N. responded “What do you mean?” as she initially believed she had misheard Respondent. Respondent stated that “My penis is too large for your frame”. Respondent stood up and removed his erect penis from his pants and held it in one hand. Respondent stated, “Look, it is nine inches,’ Patient A.N. laughed and stated, “Put that thing away.” There were no -3- JAPSU\Medical\WARREN PEARSON\AC's\Pelta(Sexual Miseonduct).doc Aug 31 2007 14:52 fug 31 2007 14:49 P, further sexual comments or activities until the end of the session, when Patient A.N. sat down on Respondent's lap while he “hugged” her. 10. - Patient A.N. did not initially report the preceding incident oF or any further inappropriate behavior by Respondent as she was “depressed” and was flattered by the sexual attention as she was undergoing difficulty in her other personal relationships. nc, Hog TS ote 11. Approximately one month later in a session that approximately occurred between December 2004 and February 2005, Respondent started playing music during the session from his computer. Respondent the a asked Patient A.N. to dance for him. Patient A.N. initially refused to dance as she thought it was inappropriate to dance with other staff and patients present in the building, but Respondent reassured her by stating “Sure you can.” Patient A.N. danced by herself to the music at Respondent's direction while he watched. 12. Approximately one month later in a session that approximately occurred between December 2005 and March 2006, during Respondent's hug of Patient A.N., he pulled her down onto the ground and “dry humped” her by rubbing his clothed genitals on her clothed genitals. -4- JAPSU\Medical\ WARREN PEARSON\AC's\Pelta(Seaual Misconduct).doc Aug 31 2007 14:52 dug 31 2007 14:50 P. 08 13. As Patient A.N, was unable to fully pay for all of her sessions, in early 2005, Respondent began to forego all or partial payment for the psychiatric sessions in exchange for neck massages administered by Patient A.N. 14. The sexual activity did not proceed beyond the seated hugging and neck massages again until approximately April or May 2005 when he started fondling Patiérit'A.N.’s breasts either through the clothes or by lifting her top in order to touch bare flesh. Respondent continued to fondle Patient A.N.’s breasts during each or the majority of the subsequent sessions. 15, During approximately late summer or early fall of 2005, Respondent called Patient A.N. at home the day before her appointment to pick up a controlled substance prescription. Respondent stated that he “really needed a blowjob.” 16. | When Patient A.N. stopped in Respondent's office in order to pick up her controlled substance prescription on the following day, Respondent stated, “We need to discuss payment.” Patient A.N, stated that she didn’t have any money and Respondent stated, “You know what I -5- EA\PSU\Medical\WARREN PEARSON\AC s\Pelta(Sexual Misconduct).doc Aug 31 2007 14:52 dug 31 2007 14:50 P.09 mean.” Patient A.N. responded that she was in a hurry and “laughed it off” before she left. 17. During a session that approximately occurred between January 2006 and February 2006, during a discussion of her bill, Respondent told Patient A.N., “Fuck the bill, I should forget everything and just fuck you right here.” Respondent then proceeded to fondle Patient A.N.’s breasts arid-bégait'to suck and lick her breasts. Respondent then pulled Patient ~~7""""”” ‘ A.N. down onto the ground and “dry humped” her by rubbing his clothed genitals on her clothed genitals. 18. During a session that approximately occurred between February 2006 and March 2006, after Respondent had “hugged” Patient A.N. and commenced fondling, licking and sucking her breasts, Patient A.N. initiated oral sex by placing her mouth over Respondent's erect penis} Respondent pulled Patient A.N. onto his unclothed lap and attempted) to penetrate her, however Patient A.N. was “not ready” for penetrative sexual activity and left the session. 19, During the following session that approximately occurred in April 2006, after Respondent “hugged” Patient A.N. and had fondled, |licked -6- J:APSU\Medical\WARREN PEARSON\AC's\Pelta(Sexual Misconduct).doc Aug 31 2007 14:52 fug 31 2007 14:50 P.10 and sucked Patient A.N.’s breasts, Patient A.N. stood up in order to place a call to her mother to ask for transportation from Respondent's office. Patient A.N. leaned over Respondent's desk in order to pick up the phone and Respondent moved behind her. Respondent placed one hand underneath her shirt in order to fondle Patient A.N.'s breast and placed one hand on top of her vagina. Respondent proceeded to fondle her breast and clothed vagina while rubbing his clothed.genital area on her clothed buttocks. 20. Following this incident, Respondent's sexual activity did not advance beyond fondling, licking and sucking Patient A.N,’s breasts as Patient A.N. became concerned about carrying on a penetrative sexual relationship with Respondent. 21. During a session that approximately occurred between June 2006 and July 2006, after Patient A.N. went to leave the office without their customary hugging while she was seated on Respondent's lap, Respondent stated “If you want this you have to come get it.” Respondent then held up Patient A.N.'s controlled substance prescription. When Patient A.N. stated that she did not understand what he meant, Respondent -7- JAPSU\Medical\WARREN PEARSON\AC's\Pelta( Sexual Misconduct).doc Aug 31 2007 14:53 fug 31 2007 14:50 P.11 stated, “If you want your prescription you have to come over here.” Patient A.N. then sat down on Respondent's lap while he proceeded fondling, licking and sucking her breasts, 22. Patient A.N.'s final visit was on or about August 8, 2006, as she had become uncomfortable with the control he exhibited over her. COUNT ONE 23. Petitioner realleges’ and incorporates paragraphs one (1) through twenty-two (22), as if fully set forth herein this Count One. 24, Section’ 458.331(1)(j), Florida Statutes (2003)(2004)(2005) . (2006), provides exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity constitutes grounds for disciplinary action by the Board of Medicine. The statute also|states that a patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. 25. Respondent exercised influence within a patient-physician relationship for purposes of engaging a patient in sexual activity in one or more of the following ways: -8- J:A\PSU\Medical\ WARREN PEARSON\AC's\Pelta(Sexual Misconduct).doc Aug 31 2007 14:53 dug 31 2007 14:51 P12 a) By demanding that Patient A.N. dance for him in return for continuing treatment; | b) By requiring Patient A.N. to sit on his lap and submit to hugs wherein he wrapped his arms around her torso in |return for continuing treatment and/or partial or full discounts for medical treatment; ¢) By fondling Patient A.N,’s breasts in return for confiftirig treatment and/or partial or full discounts for medical treatment; d). By requiring and/or receiving massages from Patient A.N. in return for continuing treatment and/or partial or full discounts for medical treatment; e) ‘By stating that Patient A.N. was required to hug him in return for his issuance of prescriptions for controlled medications; f) By requesting oral sex from Patient A.N. in return for continuing treatment and/or partial or full discounts for medical treatment; g) By “dry humping” Patient A.N. wherein he rubbed. his clothed genitals on Patient A.N.’s clothed genitals in return for =9. JAPSU\MedicaWWARREN PEARSON\AC's\Pelta(Sexual Misconduct).doc Aug 31 2007 14:53 dug 31 2007 14:51 P.13 continuing treatment and/or partial or full-discounts for medical treatment; h) By attempting to initiate penetrative sexual activity with Patient A.N. in return for continuing treatment and/or partial or full discounts for medical treatment; i) By rubbing Patient A.N.’s clothed vagina with his hand in return for continuing treatment and/orpasialor full discounts for medical treatment; k) By rubbing his genitals on Patient A.N.’s buttocks in return for continuing treatment and/or partial or full discounts for medical treatment; 1) By licking and sucking Patient A.N.’s breasts in return for continuing treatment and/or partial or full discounts for medical treatment; | m) And/or by engaging in oral sex with Patient A.N. wherein she placed Respondent's penis in her mouth in return for continuing treatment and/or partial or full discounts for medical treatment. ~l0- J:\PSU\Medical WARREN PEARSON\AC's\Pelta(Sexual Misconduct).doc Aug 31 2007 14:53 dug 31 2007 14:51 P14 26. Based on the foregoing, Respondent violated Section 458.331(1)(j), Florida Statutes (2003)(2004)(2005)(2006), by exercising -influence within a patient-physician. relationship for purposes of engaging a patient in sexual activity, COUNT TWO 27, Petitioner realleges and incorporates paragraphs one (1) through twenty-two (22), as if fully see torth herein this Count Two. 28. Section 458.331(1)(nn), Florida Statutes (2003)(2004)(2005) (2006), provides that violating any provision of Chapter 456 or Chapter 458, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board of Medicine. 29. Rule 64B8-9,008, FA.C. (2003)(2004)(2005)(2006), provides in part; (1) Sexual contact with a patient is sexual misconduct and is |a violation of Sections 458.329 and 458,331(1)(j), FS. (2) For purposes of this rule, sexual misconduct between ja physician and a patient includes, but it 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 pedal i with a patient regardless of whether such involvement occurs in the professional setting or outside of it; 2. May reasonably be interpreted as intended for th sexual arousal or gratification of the physician, the patient or any third party; or co] -I- JAPSU\Medical\WARREN PEARSON\AC's\Pelta(Sexual Misconduct),doc his treatment of Patient A.N. in one or more of the following ways; ae J:APSU\Medical\ WARREN PEARSON\AC's\Pelia(Sexual Misconduct).doc Aug 31 200? 14:54 dug 31 2007 14:51 P15 3. May reasonably be interpreted by the patient as being sexual. (7) A patient’s consent to, initiation of, or participation in sexual behavior or involvement with a physician does not change the nature of the conduct nor lift the statutory prohibition. 30. Respondent engaged in sexual misconduct during the course of a) By demanding that Patient A.N, dance for him; b) — By requiring Patient A.N. to sit on his lap and submit to hugs wherein he wrapped his arms around her torso; c) — By fondling Patient A.N.’s breasts; — d) ‘By receiving massages from Patient A.N.; e) By “dry humping” Patient A.N. wherein he rubbed his clothed genitals on Patient A.N.'s clothed genitals; f) By attempting to initiate penetrative sexual activity with Patient A.N; g) By rubbing Patient A.N.'s clothed vagina with his hand; h) By rubbing his genitals on Patient A.N.’s buttocks; i) By licking and sucking Patient A.N.’s breasts; «1]2- secrete al Sieben sth Aug 31 200? 14:54 dug 31 2007 14:51 P.16 k) And/or by engaging in oral sex with Patient A.N. wherein she placed Respondent's penis in her mouth. 31. Based on the foregoing, Respondent violated Section 458.331(1)(nn), Florida Statutes (2003)(2004)(2005)(2006), by engaging in sexual misconduct during his treatment of Patient A.N. in violation of Rule 64B8-9.008, F.A.C, (2003)(2004)(2005)(2006). COUNT THREE 32. Petitioner realleges and incorporates paragraphs one (1) through twenty-two (22), as if fully set forth herein this Count Three. 33. Section 458.331(1)(), Florida Statutes (2003)(2004)(2005) (2006), provides that gross and repeated malpractice or the failure to practice medicine with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, constitute grounds for disciplinary action by the Board of Medicine. 34. Respondent failed to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, in that in one or more of the following ways, Respondent: ~13- APSU\Medical\WARREN PEARSON\AC's\Pelta(Sexual Misconduct).doc Aug 31 200? 14:54 dug 31 2007 14:52 PL? a) By demanding that Patient A.N. dance for him in return for continuing treatment; b) = By requiring Patient A.N. to sit on his lap and submit to hugs wherein he wrapped his arms around her torso in jreturn for continuing treatment and/or partial or full discounts. for medical treatment; , c) By fondling Batient A.N.’s breasts in return for continuing treatment and/or partial of full discounts for medical treatment; d) ) By requiring and/or receiving massages from Patient AN, ‘in return for continuing treatment and/or partial or full discounts for medical treatment; e) By stating that Patient A.N. was required to hug him in return for his issuance of prescriptions for controlled medications; f) By requesting oral sex from Patient A.N. in return for continuing treatment and/or partial or full discounts for medical treatment; g) By “dry humping” Patient A.N. wherein he rubbed his clothed genitals on Patient A.N.’s clothed genitals in return for -14- JAPSU\Medical\ WARREN PEARSON\AC's\Pelta(Sexual Misconduct).doc Aug 31 200? 14:54 fug 31 2007 14:52 P.18 continuing treatment and/or partial or full discounts for medical treatment; h) By attempting to initiate penetrative sexual activity with Patient A.N. in return for continuing treatment and/or partial or full discounts for medical treatment; D) By rubbing Patient A.N.’s clothed vagina with his hand in . fetuenefor continuing treatment and/or partial or full discounts for medical treatment: k) By rubbing his genitals on Patient A.N.’s buttocks injreturn for continuing treatment and/or partial or full discounts for medical treatment; 1) ‘By licking and sucking Patient A.N.’'s breasts in return for continuing treatment and/or partial or full discounts for medical treatment; m) By engaging in oral sex with Patient A.N, wherein she placed Respondent’s penis in her mouth in return for continuing treatment and/or partial or full discounts for medical treatment; ~15- J:\PSU\Medical\WARREN PEARSON\AC's\Pelta(Sexual Misconduct).doc Aug 31 200? 14:54 fug 31 2007 14:52 P.19 n) By stating during the discussion of Patient A.N/‘s bill, “Fuck the bill. I should forget everything and just fuck you right here,”; 0) By stating, implying and/or insinuating that his continued treatment of Patient A.N. was predicated upon her engaging in sexual and/or inappropriate behavior; . Pp) By stating, implying and/or insinwat®ietHat Patient A.N. could not receive a prescription for a controlled med cation without her engaging in sexual behavior; . q) By stating, implying and/or insinuating that she was physically incapable of participating in sexual activity with him during the course of his treatment of Patient A.N/’s anxiety, depression and alcohol abuse when he stated “My penis] is too large for your frame.” r) . By showing Patient A.N. his unclothed penis during the course of his treatment of Patient A.N’s anxiety, depression and alcohol abuse; -16- J:\PSU\Medical\WARREN PEARSON\AC'\Pelta(Sexual Misconduet).doc Aug 31 200? 14:55 fug 31 2007 14:52 P. 20 s) By referring to Patient A.N.’s breasts as “his girls” during the course of his treatment of her anxiety, depression and alcohol abuse. t) And/or by removing and/or moving articles of Patient A.N.’s clothing inconsistent with his treatment of her anxiety, depression and alcohol abuse. 35. Based on the foregoinas#eesondent has violated Section 458,331(1)(t), Florida Statutes (2003}(2004)(2005)(2006), by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. . WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of the Respondent's license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, the assessment of costs related to the investigation and prosecution of this case as provided for in Section 456.072(4), Florida Statutes, and/or any other relief that the Board deems appropriate. «17 J:\PSU\Medical\WARREN PEARSON\AC's\Pelta(Sexual Misconduct).doc Aug 31 200? 14:55 dug 31 2007 14:53 P21 SIGNED this 3) day of Lit Me , 2007. Ana M Viamonte Ros, M.D., M.P.H, Secretary, Department of Health BZA Warren James Pearson — Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No.: 0711578 (850) 245-4640 (850) 245-4681 Facsimile pcp: 7/21/07 ' PCP Members: B-baher, Juemee-, Fm -18- JAPSU\Medical\WARREN PEARSON\AC's\Pelta(Sexual Misconduct).doc Aug 31 200? 14:55 fug 31 2007 14:53 P. 22 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, mse? 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. ~19- JAPSLUA\Medical\WARREN PEARSON\AC's\Pelta(Sexual Misconduct).doc

Docket for Case No: 07-003986PL