Feb 21 200% 15:53 Feb 21 2008 16:50 PLOg eo @A-2) OF _ STATE OF FLORIDA DEPARTMENT OF HEALTH’ DEPARTMENT OF HEALTH, — PETITIONER, _ . | v. . _ CASE NO, 2007-36973 UCHENNA JOHN EMENIKE, M.D., RESPONDENT. ‘COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Uchenna John -Emenike, M.D. and. ‘In support thereof alleges: 1, Petitioner is the state department charged with regulating the practice of Medicine pursuant to Section 20:43, Florida Statutes; Chapter : 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed physician within the state of Florida, having been issued license . | “number ME 85471, Feb 21 200% 15:53 Feb 21 2008 15:51 P. O04 3, Respondent's address of record is 1965 cna Gre Northeast, Tallahassee, Florida 32368. 4. On or about November 23, 2007, the wad Police Department (TPD) responded to Tallahassee Memorial Hospital TMH) in reference to allegations of sexual battery. TPD met with Patient LH, a patient of Respondent. Patient L. H, provided a sworn written statement in. which she described how earlier that day Respondent had penetrated her ‘vagina with his erect penis while examining her in his medical office. 5. Patient LH. reported that she had been a patient of Respondent's for about two or three years. During this time, Respondent treated Patient L. H. for bipolar disorder and anxiety. ) 6. According to Patient L.H., she presented to Respondent twice in September 2007. At her visit in September, Patient LH. advised Respondent that she was molested as a child, and she was concerned that she could not reach sexual climax. Respondent advised Patient LH. she had problems with her nerves, and he could help. her enjoy reaching climax but that would be “bac.” 7. On her second visit, Patient L.H. complained of chest pains. Respondent performed er EKG and placed e heart monitor on Patient LH, Feb 21 200% 15:53 Feb 21 2008 15:51 P.O5 Respondent prescribed antibiotics and instructed Patient L.H.. obtain blood work. eee —_ B. In or about October 2007, Patient LH. as to Respondent for a follow-up visit. She presented’ with complaints of stomach pains and diarrhea. Respondent administered intravenous fluids to alleviate dehydration produced by the diarrhea. =i ; 9 Jn or about October 2007, Patient L. H. presented to Respondent for a follow-up visit. According to Patient L.H., she was feeling _good at that visit and did not feel that she needed any medications. | * During her visit, Respondent told Patient L.H. to slide to the side of the bed while he stood behind her. Patient L.H. felt Respondent grinding his penis and body on her buttocks, Patient L.H, reported this incident toa sexual abuse hotline. | | 10. .On or about November 2, 2007, Patient L.H. presented to Respondent because she thought she had strep throat. Respondent conducted a strep test and told her that the result was negative, Patient LH. did not have money to pay for Respondent's services and wag advised by a person in Respondent's office that she could pay on the next visit. Feb 21 200% 15:53 Feb 21 2008 15:51 P. O06 11. On or about November 20, 2007, Respondent's office called Patient LF. and told her she had a follow-up appointment on November 23. When Patient LH. spoke to office personnel she indicated that she was having stornach pain but wanted to be seen by Respondent's wife, a physician who practices in the same office as Respondent. . 12, On or about November 23, 2007, at approximately 12: 04 PM., Respondent telephoned Patient L.H. and advised her’ to come in for her stomach problems. Patient L.H, told Respondent that she did ro have ‘money to pay for the visit. Respondent told Patient L.H. that te would waive the fees for her. Patient LH. explained that she wanted to see Respondent's wife and Respondent agreed that she could see ‘his wife. 43. On or about November 23, 2007, at approximately 2:10 p-m., Patient L.H. presented to Respondent's office. Patient L.H. was admitted to the back room and told to wait. Patient L.H. asked the intake nurse about — seeing Respondent's wife and was advised that she did not work on Fridays. The nurse then left the room. | 14, Respondent entered the room where Patient L.H. was ving on the examining table, Patient L.H, was alone with Respondent. Patient LH. was lying on her back and Respondent began pressing on her stomach and Feb 21 2008 15:54 Feb 21 2008 15:51 P.O? asking if Patient L.H. felt any pain. Respondent progressed to Patient _—-L,H/s pubic area and continued to press downward°on Patient LAs pubic aréa. 15. Respondent instructed Patient L.H. to slide all the way to the “edge of the table and to take her shoes off. Respondent then stood _ between ‘her legs while Patient LH. -was lying on her back with her leds slightly’ elevated above her head. Respondent slid Patient L. H ‘s panties to - ‘the: side and. she felt something moving inside her vagina. Patient LH. ralsed her head | and saw Respondent moving from side to side from the waist up and she could see a small portion of Respondent's erect penis. Respondent asked Patient LH. “Can I come inside. of you?" LH. responded by saying “what?” Then Patient L.H. saw Respondent's body jerk and realized he had ejaculated inside her vagina. 16. Respondent wiped his penis with a tissue and then threw it in > the trash can, Respondent placed $46.00 in cash in Patient Lis purse. “Respondent advised Patient L.H. to follow up with him in a week and to ‘take Klonopin twice a day. Respondent alsc provided a sample of a _ sleeping pill to Patient L.H. La Feb 21 2008 15:54 Feb 21 2008 15:52 P. 08 17. Klonopin contains clonazepam, 4- benzodiazepine. Benzodiazepines are compounds with antianxietyy hypnotic, anticonvulsant, _ and skeletal muscle relaxant properties. 3 | 18. Following the visit, Patient L.H. left Respondent's office, rode around in her car crying and then admitted herself to .TMH. At the hospital, a rape kit was performed on Patient LH. Patient LH. was examined by a nurse specializing in sexual assault examinations. This. nurse noted the presence of thick milky white discharge in the labial folds -_ of Patient LH ‘ vagina. Patient L.H. told the nurse that she had not had . consensual sex in the last five days. : 19. Following the examination, TPD interviewed Patient ut and ' set up @ controlled telephone call between Patient L.H. and Respondent. When Patient L.H. called the number she had dialed earlier that day, there | was no answer. Within minutes, her telephone rang and Patient LH: recognized the number as the one she had just dialed. It was Respondent. 20. Patient L.H. expressed her concern to: Respondent that she might be pregnant or have a sexually transmitted disease. Respondent asked Patient L.H., “You had your tubes tied, right?” When Patient LH. | asked Respondent why It was okay to nave sex with her, he gave no Feb 21 2008 15:54 Feb 21 2008 15:52 P.09 response. During the conversation, Respondent acknowledged that Patient ‘LH, had presented to his office earlier that day and that he treated her and given her samples of medication. . Respondent told Patient LAR. to come to his office on Monday $0 they could talk. | | 21. Ori or about November 24, 2007, Patient LH. telephoned the TPD investigator assigned to her case s and advised him that she had received another telephone call from Respondent and that Responder had offered her money to forget: about the incident and asked Patient L.H. to . meet him in Tallahassee that day. Patient L.H. provided a statement to PD that same day. 22. On or ‘about November 24, 2007, at approximately 1: 20 p.m., Patient L.H. arrived-at TPD and placed another controlled telephone call to "Respondent, During this telephone call Respondent stated that | he had called Patient L.H. to make sure that she was safe. Respondent dated that she had made some very dangerous allegations against him and that he thought she was delusional. Respondent also stated, "ested you accused me of trying to have a sexual relationship or something.” ” "Patient LH, responded, “Did you not put yout penis inside of me and ok if you Feb 21 2008 15:54 Feb 21 2008 15:52 P.10 could come-inside of me?” Respondent denied that he had sexual relations with Patient LH— © —~ 23, Approximately twenty minutes after this telephone cal with Respondent ended, Patient L.H. received a telephone call from a blocked number. The call was put on speaker and the conversation was = hear -by the TPD investigator and two other witnesses. 24, ‘The caller identified himself as “Manning” and advised that’ Respondent told him to telephone Patient L.H. The caller stated that Respondent was hoping to make it up to Patient L.H. and take care of her bills, Patient L.H. advised the caller that Respondent, could not give back what he took from Patient LH. The caller stated that Respondent said one thing led to another and that he knows you were hurt and he wants to make it better. When Patient L.H. asked how, the caller achised her to name a price. 25. Patient L.H. named a price of $10,000. The cailer said "That's negotiable? Let’s be real.” Patient L.H. responded, “Yes.” Patient LH. then advised the caller that she wished to speak with Respondent and not - | Manning. She. also stated that she didn’t want his money, to which the caller repiied, “I assure you IC won't be mine.” Patient L.K. stated, “What if Feb 21 2008 15:55 Feb 21 2008 15:52 P.11 i'm pregnant?” to which the caller responded, “That can be taken care of - "at no expense to you.” Patient L.H. advised the caller to tell Respondent to— call her, . , ‘26, On or about November 24, 2007, following the telephone call ‘between Patient LH. and ‘Manning, Respondent telephoned LH, and asked to meet her In-the parking lot of TMH, Patient L.H. advised Respondent - that she would call him later. Patient L.H. did not meet Respondent at the hospital. : ! 27. Onor about November 24, 2007, at approximately 7:14 PM., Respondent telephoned Patient L.H. on her cellular telephone. Patient LH. was at home when the call occurred. The telephone call was aucl taped. ’ Respondent stated that he expected to meet Patient L.H. at the hospital but she never showed. Patient L.H. stated that she was confused and did | . not know what to.do, Respondent stated, “I’m so sorry, I really am. ” He also said, “I hope you can just fet it go.” Patient L.H. responded that she couldn't let it go. Patient L.H. stated that she wanted him to acknowledge what happened and Respondent did not respond. ‘Patient LH. asked Respondent if he was still her doctor anc: he said yes. Respondent said to Patient L.H., “I apologize if you fee! that i nurt you, That was not the plan. Feb 21 2008 15:55 Feb 21 2008 15:53 P.12 This is something I hope we can talk about SO you can: see were I am coming from.” Patient L.H. responded by saying she wanted tort now, ‘and they could meet later. During the telephone call, Respondent stated, “Okay, I’m sorry that I penetrated you.” Patient LH. terminated the call. 28. On or about November 25, 2007, at approximately 5:30 PM., in cooperation with police, Patient L.H. placed a telephone call to the number she had been given by Manning. Manning answered and told her that he -would like to meet and bring’ money. to Patient L.H. but that he. cout not. He would send someone else. Patient L.H. indicated that she wanted to’ | meet with Respondent. Shortly after this conversation, Respondent telephoned Patient L.H and arranged to meet her in the parking lot of | TMH. TPD went to the agreed upon location and took Respondent into a custody, 29, On or about November 25, 2007, TPD charged revert with one count of sexual assault on a victim over 12 years of age, in violation of Section 794.011 (5), Florida Statutes. Respondent posted a bond of $10, 000 and was released pending trial. ! 30. Section 456,072(1)(v), Fiorid2 Statutes (2007), provides that engaging or attempting to. engage in SEXUGI misconduct, as defined and Feb 21 2008 15:55 Feb 21 2008 15:53 P.13 | prohibited in Section 456,063(1), Florida Statutes, is grounds for. sa by the Board of Medicine. eet i. _ 31, Section 456,063(1), Florida Statutes (2007), defines sexual misconduct in the practice of a health care profession asa violation of the | profesional relationship through which the health care practitioner uses . such relationship to engage or attempt to engage the patient or dient, or | an immediate family member, guardian, or representative of the patient or . client in, or to induce or attempt to induce such person to onipie in, verbal or physical sexual activity outside the scope of the professional : practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. . : 32, As set forth above, Respondent engaged or induced, or attempted to engage or induce, Patient L.H. in physical sexual activity that induded one or more of the following, sexual intercourse, - and/or inappropriate touching, outside the scope of the profesional practice of medicine. - 33, Based on the foregoing, Respondent has violated * Sections 456.072(1)(v) and 456.063(1), Florida Statutes (2007), by committing sexual misconduct. Feb 21 2008 15:55 Feb 21 2008 15:53 P14 WHEREFORE, the Petitioner respectfully requests that the Board of 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 Pe the Board deems appropriate. | | | SIGNED this _1ith day of Joway ze, i Ana M, Viamonte Ros, M.D,, M.P.H State Surgeon General Rye Don Freeman Assistant General Counsel DOH-Prosecution Services Unit — - 4 4052 Bald Cypress Way-Bin C-65 - Tallahassee, Florida 32399-3265. Florida Bar # 736171 (850) 245-4640 ! (850) 245-4681 fax PCP: January i1, 2008 PCP Members: Ashkar, Cline and Beebe

Docket for Case No: 08-000946PL