MAR-26-2618 G8!86 AHCA Mar 26 2010 3:15 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2006-38122 Yao Wu Lee, A-P., RESPONDENT. ee 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, Yao Wu Lee, 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, and Chapters 456 and 457, Florida Statutes. 2. At all times material to this Complaint, Respondent was licensed to practice acupuncture within the State of Florida pursuant to Chapter 457, Florida Statutes, having been issued license number AP 10. JAPSU\Allied Health\Acupuncture Board\Matt Casey\Acupuncture Cases\Active Cases\Lee 2006- 38122\Lee(AP)437.109(1)(c)2006-38122.doc 2002 9 2 NAL Mar 26 2010 3:15 MAR-26-2618 G8!86 AHCA P.@3 3. Respondent's address of record is 8335 Twin Lake Drive, Boca Raton, Florida 33496. 4. On or about April 11, 2005, Respondent was charged by criminal information in the County Court, in and for Broward County, Florida, Case Number 06-8431MM10A, with committing a battery against N.R. on the 25" of March, 2005, by actually and intentionally touching or striking N.R. against her will, in violation of Section 784.03, Florida Statutes. 5. At the time the battery occurred, N.R. was being treated as a patient by Respondent. 6. On or about October 19, 2006, Respondent pled “no contest” and was adjudicated guilty of the battery listed in paragraph (4), above. 7. Section 457,109(1)(c), Florida Statutes (2006), subjects a licensee to discipline for being convicted or found guilty of, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of acupuncture or to the ability to practice acupuncture. A plea of nolo contendere shall be considered a conviction for purposes of Chapter 457. JAPSU\Allied Health\Acupuncture Board\Matt Cascy\Acupuncture Cases\Active Cases\Lec 2006: 381 22\Lee(AP)457,109( 1 )(c)2006-38 122.doc 2 Mar 26 2010 3:16 MAR-265-2618 Ge:a? AHCA P.a4 8. Respondent's conviction. for battery against N.R., Respondent's patient at the time the battery was committed on March 25, 2005, directly relates to Respondent's practice of acupuncture or to Respondent's ability to practice acupuncture. 9. Based on the foregoing, Respondent violated Section 457.109(1)(c), Florida Statutes (2006), by being convicted or found guilty of, regardless of adjudication, the crime of battery against N.R. in Broward County, Florida, which directly relates to the practice of acupuncture or to the ability to practice acupuncture. WHEREFORE, Petitioner respectfully requests that the Board of Acupuncture 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 Respondent on probation, corrective action and/or any other relief that the Board deems appropriate. JAPSU\Allied Health\Acupuncture Board\Matt Casey\Acupuncture Cases\Active Cases\Lee 2006- 38122\Lee{ AP)457.109(1}(c)2006-38122.doc a MAR-26-2618 Ge:a? AHCA SIGNED this 20 FILED DEPARTMENT OF HEALTH PUTY GLEAK CLERK: COO E45 DATE Le -Z2be-o MSC/das PCP: June 22, 2007 PCP Members: Gunter and Wang Mar 26 2010 3:16 dayof_ aw, 2007. Ana M. Viamonte Ros, M.D., MPH Secretary, Department of Health Ww ti jb } Matthew S. Casey Assistant General Counsel Florida Bar No. 0115320 DOH, Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850) 245-4640 Office (850) 245-4680 Facsimile JAPSU\Allied Health\Acupuneture Board\Matt Casey\Acupuncture Cases\Active Cases\Lee 2006- 4 381 22\Lee(AP)457.109(1)(c)2006-38122.doc Mar 26 2010 3:16 MAR-26-2618 Ge:a? AHCA P.@6 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 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 any other discipline imposed. JAPSU\Allied Health\Acupuncture Board\Matt Casey\Acupuncture Cases\Active Cases\Lee 2006- 38122\Lee( AP)457, 109(1)(c)2000-38 1 22.doc 5

Docket for Case No: 10-001638PL