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STATE OF FLORIDA
DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH,
PETITIONER,
v. CASE NO. 2009-14148
DAVID NICHOLAS LUNDQUIST, D.C.,
RESPO.NDENT.
ADMINISTRATIVE COMPLAINT
COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, David Nicholas Lundq1:.1ist, D.C., and iri support thereof alleges:
Petitioner is the state department charged with regulating the practice of Chiropractic Medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 460, Florida Statutes.
At all times material to this Complaint, Respondent was a Chiropractic Physician In the State of Florid;;i, having been issued license nun,ber CH 4169, first issued on or about December 15, 1982.
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Respondent's address of record is 10 Brick School Drive, Wrs:.
Redding, ConnectiOJt, 06896.
On or about March 5, 2009, and at all other relevant times, Respondent did not, and does not now, hold a license to practice veterinary medicine in the state of Florida.
On or about March 5, 2009, and at all other relevant limes,
Respondent was .a principle, shareholder, owner and/or employee of Equalign Chiropractic Systems, LLC, ("Equaling''),
On or about March 5, 2009, and at all other relevant times, Equalign maint:lined its principle mailing address as 10 Brick School Drive, West Redding, Connecticut, 06896.
On or about March 5, 2009, and at all other relevant times,
Equalign owned, leased, operated, and/or maintained an Internet web cite at http://www.egualign.com.
On or about March 5, 2009, and at all other relevant times, Respondent offered to provide chiropractic services to animals un Ule Equalign internet web cite at http:/fwww. qualion.com.
· 9. On or about March 5, 2009, and at all other relevant times, Respondent offered to provide chiropractic services to horses and humans
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on the Equalign internet web cite at http://www. tJalign.com. including, but not necessarily limited to, spinal adjustrnents for horses and humans, and shoulder, hip, and extremity manipulation for horses and humans.
On or about March 5, 2009, and at all other relevant times, Respondent offered to provide chiropractic c;ervices to horses and humans at the Palm Beach International Equestrian Center, Palm Beach County, Florida.
Section 460.403{9){a), Florida Statutes (2008-2009), defines
the."practice of chiropractic medicine" as:
....a noncombative principle· and practice consisting of the science, philosophy, and art of the adjustment, manipulation, and treatment of the human body in which vertebral subluxations and other · malposltloned articulations and
structures that c:1re interfering with the normal generation,
transmission, and expression of· nerve impulse between the brain, organs, and tissue cells of the body, thereby causing disease, an adjusted, manipulated, or treated, thus restoring the normal flow of nerve impulse which produces normal functirin and consequent health by chiropractic physicians using specific chiropractic: adjustment or manipulation techniques taught in chiropractic colleges accredited by the Council on Chiropractic Education. No person other than a licensed chiropractic physician .· may render chiropractic services, chiropractic adjustments, or chiropractic manipulations. (Emphasis added).
12..· Section 456.072(1)(0), Florida Statutes (2008-2009), provides that any person practicing, or offering to practice, beyond the scope
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permitted by law, or accepting and performing professional responsibilities · the licensee knows, or has reason to know, the licensee is not competent to perform, constitutes grounds for discipline by the Board of Chiropractic Medicine.
Section 460.413(1)(t), Florida Statutes (2008·2009), provides that practicing, or offering to practice, beyond the scope permitted by law, or accepting and performing professional responsibilities which the licensee knows, or has reason to know, that she or he is not competent to perform,
constitutes grounds for discipline by the Board of Chiropractic Medicine.
Based on the forgoing, Respondent has violated sections 456.072(1)(0), Florida Statutes (2008-2009), by offering to practice chiropractic medicine on animals in general, and horses in particular, over the internet, and at the Palm Beach International Equestrian Center, Palm Beach County, Florida.
Based on the forgoing, Respondent has violated Sed:ions
460.413(1)(t), Florida Statutes (2008-2009), by offering to practice chiropractic medicine on animals in general, and horses in particular, over the internet, and at the Palm Beach International Eque<;trian Center, Palm Beach County, Florida.
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WHEREFORE, Petitioner respectfully requests that the Board of Chiropractic Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's li nse, restriction of practice, imposition of an admini'ltrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedlal education and/or any other
relief that the Board deems appropriate.
SIGNED this t),f/'d..,day of _1----,f'-=,dt Q"7"/----··2010.
DEPAR1Ml!NT OF HEALTH
DEPUTY CLERK , c,.
et.ERK: ,,8.4.<> ,,. ,r
DATE '7 • a-(<-IO
Ana M. Viamonte Ros, M.D., M.P.H
Sta..t,.e s,urn,,,,,,.,_General
------
Tari Rossitto-Van Winkle, R.N., J.D.
Assistant General counsel
DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 TallahM , r:L 32399-3265
Floricla Bar No, 0613908 (850) 245-4640 Ext. 8139
(850) 245-4684 FAX
PCp;
PCP Members:
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NOTICE OF RIGHTS
Respondent has the right to requMt 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 c::all and Cl"OSS•examine witnesses and to have subpoena and subpoena dutes tec:um issued on his or her behalf if a hearing is requested.
NOTICE R.EGARDING ASSESSMENT OF COSTS
R@spondent is placed on notice that Petitioner has incurred costs related to the Investigation and prosecution of this matter, Pu uant to Section 456.072(4), Florida Statutes, the Board shall assess cosb 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.
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