STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NOS.: 2010-20488 KAYODE EZEKIEL SOTONWA, M.D., RESPONDENT. __ / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against the Respondent, Kayode Ezekiel Sotonwa, M.D., and In support thereof alleges: 1. 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 90545. Kayode Ezekiel Sotonwa, M.D.; 2010-20488 1 Filed November 10, 2011 3:48 PM Division of Administrative Hearings 3. The Respondent's address of record is P.O. Box 5534, Clearwater, Florida 33758. 4. The Respondent is certified by the American Board of Internal Medicine. 5. On or about October 31, 2006, Patient I.D., a then thirty-eight year old female, presented to Bay Pines VA Healthcare System (BPVAHCS) with deep vein thrombosis (DVT) in her left leg. 6. Patient I.D. was transferred to the medical unit, where she was first introduced to Respondent. 7. Respondent entered Patient I.D.’s room to examine her. 8. Respondent lifted Patient I.D’s gown up to her neck and began fondling her breasts. A nurse was not present. 9. Respondent then attempted to put his fingers into Patient 1.D.'s vagina. Respondent was not wearing gloves at the time. 10. Patient I.D. struggled against Respondent. Respondent told Patient I.D. to “Keep quiet. I am the doctor.” COUNT ONE 11. Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. Kayode Ezeklel Sotonwa, M.D.; 2010-20488 2 12. Section 456.072(1)(v), Florida Statutes (2006), provides engaging in or attempting to engage in sexual misconduct as defined and prohibited by Section 456.063(1), Florida Statutes, constitutes grounds for disciplinary action by the Board of Medicine. 13. Section 456.063(1), Florida Statutes (2006), defines: sexual misconduct 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 client, or an immediate family member, guardian, or representative of the patient or client In, or to induce or attempt to induce such person to engage in verbal or physical sexual activity outside the scope of the professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. The Respondent engaged In or attempted to engage in sexual misconduct by using his professional relationship as a physician to engage or attempt to engage Patient I.D., in verbal or physical sexual activity ' outside the scope of his professional practice In one or more of the following ways: a) By lifting Patient 1.D.s gown up to her neck fondling her breasts; Kayode Ezekie) Sotonwa, M.D.; 2010-20488 3 b) — By attempting to put his fingers into Patient 1.D's vagina. 14. Based on the foregoing, the Respondent has violated Section 456.072(1)(v), Florida Statutes (2006), by engaging In or attempting to engage in sexual misconduct as defined and prohibited by Section 456.063(1), Florida Statutes. COUNT TWO 15. Petitioner realleges and incorporates paragraphs one (1) through thirty-four (34) as if fully set forth herein. 16. Section 458.331(1)(j), Florida Statutes (2006), 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. 17. Rule 64B8-9.008(2)(a), Florida Administrative Code, further defines sexual misconduct between.a physician and a patient as including, but not being limited to: 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 its may Kayode Ezekiel Sotonwa, M.D.; 2010-20488 4 reasonably be Interpreted as intended for the sexual arousal or gratification of the physician, the patient or any third party; or may reasonably be interpreted by the patient as being sexual. 18. - The Respondent exercised influence within a patient-physiclan relationship for purposes of engaging Patient I.D. in sexual in one or more of the following ways: a) By lifting Patient 1.D’s gown up to her neck fondling her breasts; b) By attempting to put his fingers into Patient I.D/s vagina. 18. Based on the foregoing, the Respondent has violated Section 458.331(1)(j), Florida Statutes (2006), by exercising Influence within a patient-physician relationship for purposes of engaging a patient in sexual activity, 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 Kayode Ezekiel Sotonwa, M,D.; 2010-20488 5 fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 19" day of August, 2011. H. Frank Farmer, Jr, MD, PhD, FACP State Surgeon General Shirley L. Assistant@eneral Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 D Florida Bar # 946311 850.245.4640 ext. 8244 wires HEALTH 850.245.4681 FAX Paliwe, ware, BAB 20'\ SLB/ PCP: August 19, 2011 PCP Members: Leon, El Sanadi, Goersch Kayode Ezekiel Sotonwa, M.D.; 2010-20488 6 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 any other discipline imposed. Kayode Ezeklel Sotonwa, M.D.; 2010-20488 , 7

Docket for Case No: 11-005780PL