Jul 31 2008 10:53 Jul 31 2008 9:50 P.O6 (pli) Ad. STATE OF FLORIDA | _DEPARTMENT_OF HEALTH | DEPARTMENT OF HEALTH, PETITIONER, V. , CASE NO. 2007-39913 UCHENNA JOHN EMENIKE, M.D., | RESPONDENT. a 4 ADMINISTRATIVE COMPLAINT i COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, anc files this Administrative Complaint hefore the | Board of Medicine against Respondent, Uchenna John Emenike, M.D., and in support thereof alleges: ee 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. JsPSLsMedjeal’MarrGNCases'Emenike H 2007-399] 2.A4C.doel | 3 Jul 31 2008 10:53 Jul 31 2008 9:50 P.O? Respondent’s address of record is 1965 Capital Circle Northeast, Tallahassee, Florida 32308. | 4 | From on or about Apri 10, 2006, through on or about September 27, 2006, Respondent saw KJ. as a patient - during approxi following: | KJ. if interpreted by Patient K.J. as being sexual in connotation. attractive legs, breasts, and “tummy”. Patient Patient “pencil without wearing a bra. JAPSU\M edical\MarrGXiCases\Emenike If 2007-399 1S\AC dace? 5} mately eight office visits. During one or more of these visits, Respondent did the . a. On approximately every visit, Respondent asked Patient she had been “good” since her last visit, which reasdnably was b. Respondent remarked to Patient K.J. that she had - ron On approximately every visit, Respondent remarked to how good she smelled. | d. Respondent volunteered to take over responsibility from K.3.s Oby/Gyn physician for performing her breast examinations. e. Respondent remarked to Patient K.J. he wanted to do the test” on her breasts because they were so perky she could go Patient Jul 31 2008 10:53 Jul 31 2008 9:51 P. 08 | | f. Respondent volunteered to take over responsibility from K.J.s Oby/Gyn physician for performing her pap smears because they would be “more fun and enjoyable that way.” | | g. Respondent performed a breast examination on Patient KJ. without her consent and in an unnecessarily lingering fashion. without] her consent and for no medically necessary purpose. 6 h. Respondent put his hand on Patient K.J.’s clothed crotch Section 456.072(1)(u), Florida Statutes (2005) and Section 456.072(1)(v), Florida Statutes (2006), provide that engaging or attempting to engage in sexual misconduct, as defined and prohibited in Section) 456.063(1), Florida Statutes (2005 and 2006), and as further defined and prohibited in Rule 64B8-9.008, Florida Administrative Code, | (2005 and 2006) is grounds for discipline by the Board of Medicine. 7. — Section 456.063(1), Florida Statutes, defines sexual misconduct in the practice of a health care profession as a violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or cl ent, or an immediate family member, guardian, or representative of the patient or cllent ISPSUsMedicalManGX Cases'Emenike |] 2007-3991 RAC dod | in, or to induce or attempt to induce such person to engage in, Jul 31 2008 10:53 Jul 31 2008 9:51 P.09 verbal jor physical sexual activity outside the scope of the professional L - practice of such health care profession. Sexual misconduct in the practice | . of a health care profession is prohibited. ! 8, Rule 64B8-9.008, Florida Administrative Code, defines sexual misconduct between a physician and a patient to include sexual behavior or involvement with a patient including verbal or physical behavior which may reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it, or may reasonably be interpreted as intended for the sexual arousal or gratification of the physician, the patient or any third party, br may reasonably be interpreted by the patient as being sexual. §. Asset forth above, Respondent, in the practice of a health care profession, engaged or attempted to engage Patient K.J. in verbal or physical sexual activity outside the scope of the professional practice of such health care profession. . | 10. Based on the foregoing, Respondent has violated Section 456.072(1}(u), Florida Statutes (2005), Section 456.072(1)(v), Florida Statutes (2006), and Section 456.063(1), Florida Statutes (2005 and JAPSU\Medical\ManrGX\Cases\Emenike [T 2007-399] AC. doet Jul 31 2008 10:53 Jul 31 2008 9:51 P.10 2006), and Rule 64B8-9.008, Florida Administrative Code (2005 and 2006), by committing sexual misconduct. 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 that the . | -Board deems appropriate; — ~ aise ee gignep this // ~ day of —/ Tinney _, 2008. Ana M. Viamonte Ros, M.D., M.P.H State Surgeon General i) DI PARTMENT OF HEALTH Assistant General Counsel CLERK: eo. DOH-Prosecution Services Unit pATE_—T- VAS 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar No. 131369 | (850) 245-4640 (850) 245-4681 fax PCP: July 11, 2008 PCP Members: Dr. Leon, Dr. Cline, and Mr. Beebe JAPSU-Medical!MarnrGXiCases\Emenike 1 2007-399 1 3\AC. dock Jul 31 2008 10:54 Jul 31 2008 9:51 P.11 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 Hoard 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. JePSUMedicahMarnrGX \Cases\Emenike ff 2007-3991 RAC. dod

Docket for Case No: 08-003772PL