May 4 2009 17: MAY-B4-28R9 17:47 @HCA , mes on foN STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, V. CASE NO. 2006-00010 DONALD DALE MAYFIELD, A.P., Respondent. __/ ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Acupuncture against Respondent, Donald Dale Mayfield, A.P., and in support thereof alleges: 1, Petitioner is the state department charged with regulating the practice of acupuncture pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 457, Florida Statutes. 2. At all times material to this Complaint, Respondent was registered with the Board of Acupuncture as an acupuncturist, having been issued license number 143. J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Mayfield(AP)457.109(1)(p) 2006- 00010.doc na: hee May 4 2009 17:05 MAY -Bd4-2889 17946 AHA os vs 3. Respondent’s address of record is 5023 $. Highway 17/92, Casselberry, Florida 32707. 4. Onor about August 19, 2002, Patient A.E. (°A.E.”), a 37 year-old female, presented to Respondent for a homeopathic/nutritional consultation. 5. AE. completed a medical history form for Respondent, which form indicated that A.E. had cancer and polyps, non-familial polyps, cancer history in her family. | 6. AE. was previously diagnosed with rectal adenocarcinoma by Matthew N. Apter, M.D., but decided to pursue homeopathic alternatives to surgery. 7. Onor about August 19, 2002, A.E. brought medical records from Dr. Apter’s office to Respondent, which included the doctor's discharge summary indicating multiple polyps in A.E.’s colon from a biopsy conducted on August 6, 2001. 8. There is no indication in Respondent’s medical records for A.E. that Respondent requested any records from any physicians who previously treated A.E. J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Mayfield(AP)457.109(1)(p) 2006- 00010.doc MAY-B4-2089 17:48 AHCA Nay 4 2009 8e08 YN 9, Respondent treated A.E. on a monthly basis and prescribed homeopathic remedies as well as acupuncture after A.E. began experiencing pelvic pain and constipation in late 2003. 10. In or about April 2004, Respondent referred A.E. to Yun S. Kim, a chiropractic physician, for a pelvic x-ray, which revealed a mass or density in A.E.’s pelvic basin. 11. Prior to January, 2004, there is no indication in Respondent's records that Respondent referred A.E. for any type of diagnostic testing or follow-up testing concerning A.E.’s previously diagnosed polyps and/or cancer. 12. In or about April 2004, Patient A.E. was diagnosed with metastatic cancer. COUNT ONE 13. Petitioner realleges and incorporates paragraphs one (1) through twelve (12), as if fully set forth herein. 14. Section 457,109(1)(m), Florida Statutes (2002)(2003), sets forth grounds for disciplinary action by the Board of Acupuncture for failing to keep written medical records which are consistent with the practitioner's style of acupuncture justifying the course of treatment of the patient. J.\PSU\Aliied Health\Acupuncture Board\April Skilling\Administrative Complaints\Mayfield(AP)457,109(1)(p) 2006- 00010.doc MAY-ad-20a9 17: 17148 eHCA May 4 2009 17:06 oN b.aF 15. Section 457.109(1)(X), Florida Statutes (2002)(2003), sets forth grounds for disciplinary action by the Board of Acupuncture for violating any provision of Chapter 456 or Chapter 457, or any rules adopted pursuant thereto. 16, Rule 64B1-10.001, Florida Administrative Code, provides that records for each patient must at jeast include the following: a. _ Patient's medical history; b. Acupuncture diagnostic impressions; c. Points used and/or treatment procedures administered at each visit; d. Acupuncturist's recommendations, e. Patient progress notes; f. Laboratory test results when appropriate and medically necessary; and, q. Imaging films, reports of test results when appropriate and medically necessary. 17, Respondent failed to keep written medical records consistent with the ‘Respondent's style of acupuncture justifying the course of treatment of patient A.E., in one or more of the following ways: 7:\PSU\Allied Health\Acupuncture Board\April Skilling \Administrative Complaints\Mayfiela(AP)457-109(2)() 2006- 00010.doc ——————— | MaY-B4-2009 17148 HCA Nay 4 2009 8e08 oo a. _ By failing to keep written medical records that support and/or justify Respondent’s decision not to order appropriate and medically necessary laboratory test results for Patient A.E. to rule out cancer prior to January 2004; b. By failing to keep written medical records that support and/or justify Respondent's decision not to request appropriate and medically necessary imaging films, reports or test results from any of A.E.’s prior treating physicians. 18. Based on the foregoing, Respondent violated Section 457.109(1)(m), Florida Statutes (2002)(2003), and/or Section 457.109(1)(x), Florida Statutes (2002)(2003), through a violation of Rule 64B1-10.001, when Respondent failed to keep written medical records consistent with Respondent's style of acupuncture justifying the course of acupuncture treatment for A.E. COUNT TWO 19. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 20. Section 457.109(1)(p), Florida Statutes (2002)(2003), sets forth grounds for disciplinary action by the Board of Acupuncture for gross or J:\PSU\Allied Health\Acupuncture Board\April Skilling Administrative Complaints\Mayfield(AP)457.109(2)(p) 2006- 00010.doc MAY-B4-2089 17:49 AHCA May 4 2009 08 repeated malpractice or the failure to practice acupuncture with that level of care, skill, and treatment which is recognized by a reasonably prudent similar acupuncturist as being acceptable under similar conditions and circumstances. 21. Respondent failed to practice acupuncture with that level of care, skill, and treatment recognized by a reasonably prudent similar acupuncturist as being acceptable under similar conditions and circumstances, in one or more of the following ways: a. By failing to order diagnostic tests for A.E. prior to January 2004 to follow-up on A.E.’s cancer and/or polyps; b. By failing to refer A.E. to an appropriate specialist or specialists for suspected cancer prior to January 2004, c. By failing to request medical records from A.E.’s prior treating physicians in order to have a complete history of A.E.’s prior medical care and treatment. 22. Based on the foregoing, Respondent violated Section 457.109(1)(p), Florida Statutes (2002)(2003), by failing to practice acupuncture with that level of care, skill, and treatment recognized by a 3;\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Mayfield(AP}457.109(1)(p) 2006- 00010.doc MAY-G4-2889 17:49 AHCA roe May 4 2009 17:07 ‘ reasonably prudent similar acupuncturist under similar conditions and circumstances. WHEREFORE, Petitioner respectfully requests that the Board of Acupuncture enter an order imposing one or more of the following penalties: restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this \C>__ day of Nos cone , 2006. OEPARTMENT OF HEALTH EPUTY GLERK SLERK. hi BATE, Lat JOve PCP: November 30, 2006 M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health a of M. Skilling Assistant General Counsel DOH, Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0805165 (850) 245-2640 x-8112 Office (850) 245-4680 Facsimile PCP Members: Gregory Gunter & Qun_Wang, A.P. J;\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Mayfield(AP)457.109(1)(p) 2006- Q0010.doc

Docket for Case No: 09-002354PL