STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2010-14062 Jose Celpa, AP 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, Jose Celpa, AP.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 a “jicensed acupuncturist within the State of Florida, having been issued license number AP 519. . 3. | Respondent's address of record is 12016 Mountbatten Drive, Tampa, FL 33626. 4. Onor about May 31, 2005, in the Circuit Court for the Thirteenth ~ Judicial Circuit in and for Hillsborough County, Florida, in case numbers 2003- CF-015672 and 2003-CF-016664, Respondent entered a plea of guilty in each case to one count of obtaining a controlled substance by fraud, a third-degree felony, in violation of Section 893.03, Florida Statutes. 5. The Department did not learn of the pleas until on or about March 4, 2010. 6. In case 2003-CF-015672 Respondent fraudulently obtained pethidine (meperidine), an opioid. 7. According to Séction 893.03(2), Florida Statutes, meperidine is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of meperidine may lead to severe psychological or physical dependence. | 8. : In case 2003-CF-016664 Respondent fraudulently obtained Dilaudid (hydromorphone), an opioid. 9. Hydromorphone is commonly prescribed to treat pain. - 2— DOH v XX; Case # XX ~ Hydromorphone is a metabolite of oxycodone. According to Section 893.03(2), Florida Statutes, hydromorphone is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of hydromorphone may lead to severe psychological or physical dependence. 10. On or about May 4, 2009, Respondent was arrested by the Pinellas County Sheriff Department. During a search incident to arrest, the deputy discovered a prescription pad from a medical doctor and a signature stamp from the same doctor. . 11. After learning of Respondent’s prior convictions, the ‘Professional Resource Network (PRN) contacted Respondent via certified letter May 7, 2010. . 12. PRN is the impaired practitioners program for the Board of Acupuncture, pursuant to Section 456.076, Florida Statutes, PRN is a program that monitors the evaluation, care and treatment of impaired healthcare professionals. PRN oversees random drug screens and provides ‘for the exchange of information between the treatment providers, PRN and the Department, for the protection of the public: -3- DOH v XX; Case # XX 13. Respondent contacted PRN by phone and agreed to an evaluation scheduled June 15, 2010. 14. On or about June 15, 2010, Respondent submitted to a PRN- facilitated evaluation conducted by David Myers, M.D., a specialist in addiction medicine. Respondent was asked to provide a urine and hair sample. Respondent positioned his body in a manner to obstruct the observer's view of him providing the urine sample. 15. The urine screen was determined to be invalid because the amount of the sample was inadequate and the sample failed the temperature check. Respondent began to sweat profusely and displayed signs of agitation prior to informing the receptionist that he needed to “reschedule the evaluation. ) 16. Respondent rescheduled the evaluation for June 25, 2010. Respondent failed to appear for the evaluation and did not call to inform the provider that he could not attend the evaluation. When Dr. Myers’ office called him he stated that he thought the evaluation was scheduled for July 2, 2010. Dr. Myers’ office rescheduled the evaluation for July 2, | 2010. 17. On or about July 2, 2010, Respondent returned to Dr. Myers -4-— DOH v XX; Case # XX office three hours late to complete the evaluation. Respondent provided a hair and urine sample. The collector sealed each specimen, prepared a chain of custody form for each, and sent each specimen to United States Drug Testing Laboratories (USDTL) located in Des Plaines, Illinois. 18. Respondent began the psychological evaluation. However, he left Dr. Myers’ office without completing the psychological evaluation and without informing the staff that he was leaving. 19. On or about July 3, 2010, USDTL scientists determined that Respondent's hair sample tested positive for oxymorphone and oxycodone. 20. Oxymorphone is prescribed to treat pain. Oxymorphone is a metabolite of oxycodone. According to Section 893.03(2), Florida Statutes, oxymorphone -is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of oxymorphone may lead to severe psychological or physical dependence. -21, Oxycodone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes, oxycodone is a Schedule I controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. DOH v XX; Case # XX Abuse of oxycodone may lead to severe psychological or physical dependence. 22. On or about July 3, 2010, USDTL scientists determined that Respondent's urine specimen tested positive for amphetamines, oxycodone and oxymorphone. 23. According to Section 893.03(2), Florida Statutes, amphetamine is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but. severely restricted medical use in treatment in the United States. Abuse of amphetamine may lead to severe psychological or physical dependence. 24. Since Respondent did not complete the evaluation and has had no further contact with PRN, Dr. Myers was unable to provide a final assessment. However, based upon Respondent's positive test results for opiods and amphetamines and his erratic behavior, his preliminary opinion is Respondent needs residential treatment. | 25. Section 457.109(1)(0), Florida Statutes (2010), subjects a “licensee to discipline, including suspension, for being unable to practice acupuncture with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material -6—- DOH v Xx; Case # XX or as a result of any mental or physical condition. 26. Pursuant to Section 457.102 Florida Statutes (2010) the practice of acupuncture involves the use of traditional Chinese medical: concepts for the diagnosis, treatment, promotion, maintenance and restoration of health and prevention of disease. In the course of their practice, acupuncturists must use sound judgment and skill when inserting acupuncture needles which takes into account human anatomy and the location of vital organs. 27. Respondent is unsafe to practice acupuncture with reasonable skill and safety due to impairment as evidenced by Respondent's positive drug test on or about July 3, 2010, for amphetamines, oxycodone and oxymorphone; refusal to complete the PRN evaluation; and/or the evaluator’s preliminary: opinion that the Respondent needs residential treatment. 28. Based on the foregoing, Respondent's license to practice acupuncture in the State of Florida is subject to discipline pursuant to Section 457.109(1)(0), Florida “Statutes, (2009), for being unable to practice his profession with reasonable skill and safety to patients by reason of.illness or use of alcohol, drugs, narcotics, chemicals, or any other -7- DOH v XX; Case # XX type of material or as a result of any mental or physical condition. 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, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. | SIGNED this 29th day of September, 2010. Ana M. Viamonte Ros, M.D., M.P.H State Surgeon General Patricia Smith Assistant General Counsel . DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 DEPARTMENT OF Meaty Florida Bar No. 728160 CLERK Someday Sy oLERK 850.245.4640 PAE De ayn ~ 850:245.4683 FAX — PCP: 9/29/2010 PCP Members: FE & GG ~8— DOH v Xx; Case # XX 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 to any other discipline imposed. DOH v Jose Celpa, AP; Case # 2010-14062 -9- DOH v XX; Case # XX

Docket for Case No: 14-001490PL