fy 4 A ; t STATE OF FLORIDA > oo DEPARTMENT OF HEALTH m oe ond DEPARTMENT OF HEALTH, = PETITIONER, . v. ; CASE NO. 2004-29249 ANDREW L. RUBIN, C.C.P.A., RESPONDENT. ADMINISTRATIVE COMPLAINT 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, “Andrew L. Rubin, C.C.P.A., 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 certified chiropractic physician assistant within the State of Florida, having been issued certificate number CA-348. 90d BLtGl é008 86 *ON é2t:2T 400¢ 82 AO 3. Respondent's address of record is 2044 Alta Meadow Lane, Number 1801, Delray Beach, Florida 33444, 4, Section 460.411(2)(c), Florida Statutes (2004), indicates that the act of using the name or title "chiropractic physician," "doctor of chiropractic," “chiropractic medicine," or any other name or title which would lead the public to believe that such person is engaging in the practice of chiropractic medicine, unless such person is licensed as a chiropractic physician ‘in. this state is a violation of chapter 460, Florida Statutes, 5. Rule 6482-18.007(1),, Florida Administrative Code, indicates that an assistant must clearly identify himself or herself by appropriate identification as a certified chiropractic physician's assistant to insure that he or she is not mistaken for a licensed physician. 6, , The Respondent referred to himself as “Dr. Andrew L. Rubin” on his business cards and in his practice at the Alliance Spinal Therapy and Rehabilitation Center. | 7. The Respondent is not a licensed chiropractic physician in the State of Florida | 8. Section 456.072(1)(ff), Florida Statutes (2004), provides violating any provision of chapter 460, chapter 456, or any rules adopted Andrew L. Rubin, ©.C,P.A, Case Number 2004-29249 : , 2 2:\PSU\Medical\Tobey\cases\Rubin, Andrew\Rubin.ac.doc ° 90 ‘d BLtGl é008 86 *ON BT:éT 400¢ 82 AON pursuant thereto constitutes grounds for discipline by the Board of Chiropractic Medicine. 9. The Respondent referred to himself as “Dr. Andrew L. Rubin” on his business cards and in his practice at the Alliance Spinal Therapy and Rehabilitation. , 10. Based on. the foregoing, Respondent has violated Section 456.072(1)(ff), Florida Statutes (2004), by violating Section 460.411(2)c), Florida Statutes (2004), and Rule 6482-18.007(1), Florida Administrative Code. . WHEREFORE, the Petitioner respectfully requests that the Board of Chiropractic Medicine enter an order imposing one or more of the following penaities: 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. Andrew L Rubin, C.C,P,A. Case Number 2004-29249 3 TA\PSU\Medical\Tobey\cases\Rubin, Andrew\Rubin.ac.doc é0‘d BLtGl é008 86 *ON BT:éT 400¢ 82 AON SIGNED this _G*“ __ day of ___ Deceaber ___, 2005. John O. Agwunobi, M.D., M.B.A., M.P.H, Secretary, Department of Health “ie Q tee Tobey Schultz FI LED Assistant General Counsel DEPARTMENT OF Heat: DOH Prosecution Services Unit UTY CLERK 4052 Bald Cypress Way, Bin C-65 CLERK ghaa Mek Tallahassee, FL 32399-3265 DATE 2-7-9 Florida Bar # 0542131 ) (850) 245-4444 ext 8165 (850) 245-4681 FAX PCP: 11-03-2005 PCP Members: Kirby, Wolfson Andrew L. Rubin, G.C.P.A, Case Number 2004-29249 3:\PSU\Medical\Tobey\cases\Rubin, Andrew\Rubin.ac.doc ‘ 80 ‘d BLtél é008 86 “ON BT:éT 400¢ 82 AON 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. Andrew L. Rubin, ¢.C.P.A. Casa Number 2004-29249 ‘ 5 J:\P5U\Medical\Tobey\cases\Rubin, Andrew\Rubinac.doc 60d BltGl é008 86 “ON BT:2T 400¢ 82 AON

Docket for Case No: 07-005397PL