STATE OF FLORIDA . DEPARTMENT OF HEALTH 28 HA? 2) AN Ow 4Yy> _ DEPARTMENT OF HEALTH, PETITIONER, v. R. GEORGE FARHAT, M.D., CASE NO. 2007-14315 RESPONDENT. eee ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against R. George Farhat, 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 J:\PSU\Medical\WARREN PEARSON\AC's\Farhat(Sexual Misconduct).doc e @ 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 69982. 3. Respondent's last known address ‘is 2338 Immokalee Road #280, Naples Florida 34110. 4. Respondent is Board Certified in Emergency Medicine. 5. Patient K.C., a 35 year old female, was seeking treatment at Naples Urgent Care for anorexia as she was dehydrated and her body weight was low. | 6. Onor about May 4, 2007, Patient K.C. presented to Respondent who stated that although her previous physical examinations and laboratory testing were “fine”, “it was time” for a pelvic examination. 7. Patient K.C. believed that the request was odd as she believed that she had undergone a pelvic examination less than one year prior, but consented to Respondent's request. -2- JA\PSU\Medical\WARREN PEARSON\AC' ‘s\Farhat(Sexual Miscon: duct).doc 8. — During the pelvic examination, Respondent identified a hemorrhoid and Patient K.C. immediately underwent surgery by another physician to remove the hemorrhoid. 9. Onor about May 5, 2007, Patient K.C. returned to Respondent's care at 11 A.M. for followup to the hemorrhoid surgery. 10. When Patient K.C. entered the examination room, she was instructed by Respondent to remove her pants. Respondent examined her vagina and anus, as well as cleaned the surgical site, 11. Patient K.C. remained in the office after its closure until approximately 1:30 to 2:00 P.M. at which time Respondent asked Patient K.C. if she would “have a smoke with him.” After sharing a smoke break, Respondent and Patient K.C. returned to the office at which time Respondent issued Patient K.C. half of a Vicodin pill. 12. Vicodin, which contains hydrocodone, is a schedule II controlled substance under Chapter 893, Florida Statutes. A substance in schedule II has a high potential for abuse and has a Currently accepted, but severely restricted, medical use in treatment. Abuse of this substance may lead to severe psychological or physical dependence. -3- J:\PSU\Medical\ WARREN PEARSON\AC's\Farhat( Sexual Misconduct).doc 13. Respondent instructed Patient K.C. to place her feet up on his desk. Respondent removed Patient K.C.’s shoes and began rubbing her feet. At the time of this incident only one lab technician was still apparent in the closed office in addition to Respondent and Patient K.C. 14. Respondent told Patient K.C. that he watched her procedure the previous day “through a crack in the door’, because “he cared so much for her.” 15. Respondent asked Patient K.C. many personal questions about her romantic relationship and sexual experience. At one point during the conversation, Respondent stood up and went to the door to see if anyone was still in the building and Patient K.C. noticed that Respondent appeared to be aroused due to the condition of his pants. 16. Respondent and Patient K.C. went outside for another cigarette break and at approximately 3:00 P.M., Respondent took Patient K.C. into another examination room and asked her to lie down on the table. Patient K.C. laid on the table facing up while Respondent turned off the lights and covered her with a blanket. -4- J:\PSU\Medical\WARREN PEARSON\AC's\Farhat(Sexual Misconduct).doc e @ 17. Respondent began stroking Patient K.C’s face and hair. Respondent continued stroking down her collarbone to her arms and hands which were lying across her stomach. After reaching the tips of her — | fingers, Respondent began stroking down across the top of her hip bones close to her genitals. Respondent then stated “I thought that was something in your pocket” in reference to touching her hips. 18. Respondent told Patient K.C. that she was “very beautiful” and that he “liked that he did not have a desk between us.” Respondent then began to “nervously” enter and exit the examination room. 19. Patient K.C. repeatedly asked Respondent if she could go home and he would instruct her that she could not go home and would move to block the door if she attempted to reach it. Patient K.C. became scared and laid back down on the table following his instruction. 20. At approximately 5 P.M., Patient K.C. heard a cleaning crew moving throughout the building and asked to leave again. Respondent told her “They'll see you. I can't let them see you.” and refused again to allow her to leave. -5- J\PSU\Medical\WARREN PEARSON\AC's\Farhat(Sexual Misconduct).doc e @ 21. After the cleaning crew left, Patient K.C. asked if she could leave and they went to the side area where her purse was located. Respondent repeatedly asked Patient K.C. if she would go with him to a friend's house, to which she refused. Respondent then told Patient K.C. she could not leave as there were people still in the parking lot. 22. Respondent then asked Patient K.C. if she would go with him to the beach the following day which she refused. Respondent asked Patient K.C. if she “trusted him” and that they had a “bond”, 23. After the remaining people in the Parking lot left, Respondent asked Patient K.C. if he could drive her car from the parking lot to the front to pick her up to which she refused. Patient K.C. walked to her car and left the office parking fot. Approximately five minutes after Patient K.C. “left the parking lot, Respondent attempted to call her on her cell phone at approximately 5:33 P.M. Patient K.C. did not pick up. 24. Respondent called Patient K.C. again at approximately 6:57 P.M. and left a voicemail asking her to call him back. -6- J:\PSU\Medical\WARREN PEARSON\AC's\Farhat(Sexual Misconduct).doc 25. Patient K.C. went to the Collier County Sheriff's Office to file a complaint and while filling out the report in front of the victim advocate Respondent called Patient K.C. again at 8:38 P.M. 26. The following day, May 6, 2007, Respondent called Patient K.C, at 5:02 A.M. 27. Respondent called Patient K.C. again at 6:17 A.M. and left a message asking her to call him back. 28. At approximately 7 A.M., Respondent went to the home of Patient K.C. and without knocking or ringing the door bell, came in through a Screen door on the linnae and walked to Patient K.C.'s roommate's sliding glass door. Patient K.C’s roommate noticed Respondent and asked what he was doing on their Premises, Respondent asked to see Patient K.C., at which point her roommate called the police. 29. Patient K.C. sent Respondent a certified letter on or about May 6, 2007, terminating his services and requesting a copy of her medical file. 30. The following day, on or about May 7, 2007, Respondent called Patient K.C. on or about 5:20 A.M, -7- J:\PSU\Medical\WARREN PEARSON\AC's\F: arhat(Sexual Misconduct).doc e @ 31. Respondent called Patient K.C. again on or about 10:46 A.M. 32. Respondent called Patient K.C.’s boss at work on or about 1:04 P.M. 33. Approximately a week later, a physician called Patient K.C. from the clinic that Respondent worked at and informed her that Respondent had been terminated and it appeared he had stolen her medical records, 34. Respondent did not return or forward a copy of Patient K.C’s medical records. COUNT ONE 35. Petitioner realleges and incorporates Paragraphs one (1) through thirty-four (34), as if fully set forth herein this Count One. 36. Section 458.331(1)(j), Florida Statutes (2005), 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. -8- JAPSU\Medical\WARREN PEARSON\AC's\Farhat(Sexual Misconduct).doc 37. 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: 38. a) By Massaging Patient K.C’s feet in a sexual manner in order to arouse and/or gratify her and/or for his self-arousal and/or self-gratification in return for continuing medical treatment; b) By repeatedly requesting Patient K.C. go on romantic dates to his friend’s house and/or the beach while refusing to allow her to leave the clinic in return for continuing medical treatment; c) And/or by stroking Patient K.C’s face, hair, arms, hands and hips near her genital area in order to arouse and/or gratify her and/or for his self-arousal and/or self-gratification while commenting about her hips, telling her she was beautiful and telling her that he was glad that there was no longer a desk between them in return for continuing medical treatment. Based on the foregoing, Respondent violated Section 458.331(1)(j), Florida Statutes (2005), by exercising influence within a -9- JAPSU\Medical\WARREN PEARSON\AC's\Farhat(Sexual Misconduct).doc patient- physician relationship for purposes of engaging a patient in sexual activity. COUNT TWO 39. Petitioner realleges and_ incorporates Paragraphs one (1) through twenty-two (22), as if fully set forth herein this Count Two. 40. Section 458.331(1)(nn), Florida Statutes (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. 41. Rule 64B8-9.008, FA.C. (2005), provides in part; (1) Sexual contact with a Patient is sexual misconduct and isa violation of Sections 458,329 and 458.331(1)(j), FS. (2) For purposes of this rule, sexual misconduct between a 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 involvement 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 the sexual arousal or gratification of the physician, the patient or any third party; or 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 -10- JAPSU\Medical\WARREN PEARSON\AC's\Farhat(Sexual Misconduct).doc @ @ nature of the conduct nor lift the statutory prohibition, 42. Respondent €ngaged in sexual misconduct during the course of his treatment of Patient K.C. in one or more of the following ways; a) By Massaging Patient K.C.'s feet in a sexual manner in order to arouse and/or gratify her and/or for his self-arousal and/or gratification; b) And/or by stroking Patient K.C’s face, hair, arms, hands and hips near her genital area in order to arouse and/or gratify her and/or for his self-arousal and/or self-gratification while commenting about her hips, telling her she was beautiful and telling her that he was glad that there was no longer a desk between them. 43. Based on the foregoing, Respondent violated Section 458.331(1)(nn), Florida Statutes (2005), by engaging in sexual misconduct during his treatment of Patient K.C. in violation of Rule 64B8-9.008, F.A.C. (2005). -Il- JAPSU\Medica\ WARREN PEARSON\AC's\Farhat(Sexual Misconduct).doc e @ COUNT THREE 44. Petitioner realleges and incorporates Paragraphs one (1) through thirty-four (34), as if fully set forth herein this Count Four. 45. Respondent failed to keep legible medical records that justify the course of treatment of Patient K.C., including but not limited to, patient histories; examination results; test results, records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. 46. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2005), by failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed physician or the Physician extender and supervising physician by name and professional title who is or are responsible for rendering, ordering, Supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination | results; test results; records of drugs prescribed, dispensed, or -~12- J\PSU\Medical\WARREN PEARSON\AC's\Farhat(Sexual Misconduct).doc administered; and reports of consultations and hospitalizations of Patient K.C. 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. SIGNED this _2/s¢_ day of 22-ender 2007. Ana M Viamonte Ros, M.D., M.B.A. State Surgeon General 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: 2) 2009 PCP Members: of J:\PSU\Medical\WARREN PEARSON\AC's\Farhat(Sexual Misconduct).doc 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. -14- J:APSU\Medical\WARREN PEARSON\AC's\Farhat(Sexual Misconduct).doc

Docket for Case No: 08-001442PL