Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: ALFREDO JOSE FERNANDEZ, M.D.
Judges: R. BRUCE MCKIBBEN
Agency: Department of Health
Locations: Clearwater, Florida
Filed: Jul. 27, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 16, 2018.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
CASE NO.: 2015-21468
ALFREDO JOSE FERNANDEZ, M.D.,
RESPONDENT.
/
DMIN TIV MPLAINT
Petitioner, Department of Health, by and through its undersigned
counsel, files this Administrative Complaint before the Board of Medicine
against the Respondent, Alfredo Jose Fernandez, M.D., and in support
thereof alleges:
1. Petitioner is the state agency 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 Area of Critical Need physician within the State of Florida, having
been issued license number ACN 462.
3. Respondent's address of record is 31790 US Highway 19 North,
Apartment 71, Palm Harbor, Florida 34684.
4. Onor about June 2, 2015, Patient L.L., a 37 year old female,
presented to HealthNow Family & Urgent Care Clinic (hereinafter
“HealthNow”) with complaints of painful urination possibly related to a
urinary tract infection.
5. At the HealthNow visit that occurred on or about June 2, 2015,
Patient L.L. was treated by osteopathic physician A.N. (hereinafter A.N.,
D.O.)
6. At the HealthNow visit that occurred on or about June 2, 2015,
A.N., D.O. preemptively prescribed Patient L.L. a seven day prescription for
ciprofloxacin! 500 mg, to be taken orally every twelve hours.
7. At the HealthNow visit that occurred on or about June 2, 2015,
A.N., D.O. ordered a urine culture for Patient L.L. to confirm whether her
painful urination was in fact the result of a urinary tract infection.
8. Atthe HealthNow visit that occurred on or about June 2, 2015,
A.N., D.O. ordered a follow-up exam for Patient L.L. in two weeks.
1 Ciprofloxacin is an antibiotic medication commonly prescribed to treat a wide spectrum of common
bacterial causes of urinary tract infections.
DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 2 of 9
9. Onor about June 18, 2015, Patient L.L. returned to HealthNow
for her follow-up exam.
10. At the HealthNow follow-up exam that occurred on or about
June 18, 2015, Patient L.L. was treated by Respondent.
11. At the HealthNow follow-up exam that occurred on or about
June 18, 2015, Patient L.L. reported that her painful urination had subsided
and that she was feeling much better.
12. At the HealthNow follow-up exam that occurred on or about
June 18, 2015, Patient L.L. provided a follow-up urine sample so it could
be cultured to determine if she still had a urinary tract infection. Patient
L.L’s June 18, 2015 urine sample was cultured in-house by HealthNow and
the results of this culture were reported to Respondent while Patient L.L.
was still awaiting her examination with him that day.
13. The urine culture results for the June 18, 2015 urine sample
provided by Patient L.L. were negative for a urinary tract infection. These
culture results were relayed to Respondent before he began his June 18,
2015 examination of Patient L.L.
14. There is documentation in Patient L.L.s HealthNow medical
records from the visit that occurred on or about June 18, 2015, that
DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 3 of 9
indicates that Patient L.L. had a history of interstitial cystitis and
endometriosis.
15. There is no documentation in Patient L,L.’s Health Now Clinic
medical records from the visit that occurred on or about June 18, 2015,
that indicates that Patient L.L. was having any problems regarding her
interstitial cystitis and/or endometriosis at the time of the June 18, 2015
visit. There is documentation in Patient L.L.’s Health Now Clinic medical
records from the visit that occurred on or about June 18, 2015, that notes
that Patient L.L. “is stable of her chronic underlying conditions.”
16. At the HealthNow follow-up exam that occurred on or about
June 18, 2015, Respondent subjected Patient L.L. to a genitalia
examination.
17. To facilitate the genitalia examination of Patient L.L,,
Respondent first instructed Patient L.L. to undress. Patient L.L. initially
waited for Respondent to leave the examination room before undressing,
but after it became evident that he was not going to leave the examination
room, Patient L.L. undressed behind a sheet.
18. After she undressed, Patient L.L. sat on an examination table
and Respondent placed Patient L.L.’s legs into stirrups.
DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 4 of 9
19. Once Patient L.L. was positioned in the stirrups, Respondent
began rubbing his fingers around Patient L.L.’s labia in a massaging
motion, with his fingertips touching her labia.
20. Following the genitalia examination of Patient L.L., Respondent
began questioning Patient L.L. about her sex life and/or sexual history.
When Patient L.L. explained that she had had a hysterectomy and that she
found sex too painful to engage in, Respondent told her that she was too
young to not be having sex. Respondent then touched Patient L.L. on her
lower abdomen and her pubic area and told her about ways to make sex
comfortable.
21. Respondent then told Patient L.L. that she could get dressed.
Patient L.L. initially waited for Respondent to leave the room, but when it
became apparent that he was not going to leave, Patient L.L. got dressed
while trying to cover herself with a sheet.
22. After Patient L.L. got dressed, Respondent began telling her
about treatments that could allow her to have sex. Respondent then asked
if Patient L.L. was cold, and began rubbing Patient L.L’s leg(s). Patient L.L.
pushed Respondent's hand away and said “no.” Respondent rubbed Patient
L.L’s leg(s) again, and Patient L.L. again pushed his hand away.
DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 5 of 9
23. Respondent then offered Patient L.L. a breast examination, but
Patient L.L. told Respondent that she didn’t want him to examine her.
24, Patient L.L. then attempted to leave the examination room and
Respondent began rubbing Patient L.L.'s back.
25. Patient L.L. then left the examination room.
26. Section 456.072(1)(v), Florida Statutes (2014), provides that
engaging or attempting to engage in sexual misconduct as defined and
prohibited in section 456.063(1), Florida Statutes (2014), constitutes
grounds for disciplinary action by the Board of Medicine.
27. Section 456.063(1), Florida Statutes (2014), 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.”
28. Respondent engaged or attempted to engage Patient L.L. in, or
induced or attempted to induce Patient L.L. to engage in, verbal or
DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 6 of 9
physical sexual activity outside the scope of the professional practice of
medicine in one or more of the following ways:
a.
b.
29.
by subjecting Patient L.L. to a genitalia examination;
by rubbing his fingers around Patient L.L.’'s labia in a massaging
motion and/or with his fingertips touching her labia;
. by discussing Patient L.L.’s sex life, sexual history, and/or ways
to make sex comfortable for her;
. by touching Patient L.L’s lower abdomen and/or pubic area;
. by discussing treatments that could allow Patient L.L. to have
Sex;
. by rubbing Patient L.L/’s leg(s);
; by. rubbing Patient L.L’s leg(s) after Patient L.L. pushed his
hand away and/or told him “no”; and/or
. by touching Patient L.L.’s back.
Based on the foregoing, the Respondent has violated Section
456.072(1)(v), Florida Statutes (2014), by engaging in or attempting to
engage in sexual misconduct as defined and prohibited by Section
456.063(1), Florida Statutes.
DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 7 of 9
WHEREFORE, 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
fees billed or collected, remedial education and/or any other relief that the
Board deems appropriate.
SIGNED this _[4**__ day of _ terembocr 2016.
Celeste Philip, MD, MPH
Surgeon General and Secretary
chary B
Assistant General Counsel
DePanruene ey wea Florida Bar # 0105735
ane EeY LTH DOH-Prosecution Services Unit
PATE DEC Tg 2016 4052 Bald Cypress Way-Bin C-65
ae Tallahassee, Florida 32399-3265
— (850) 245-4444, Ext. 4666
(850) 245-4684 fax
E-Mail: zachary. bell@flhealth.gov
ZB/SEC
PCP: December 12, 2016.
PCP Members: Mark Avila, M.D., Jorge Lopez, M.D., Donald Mullins.
DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 8 of 9
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.
A request or petition for an administrative hearing must be in
writing and must be received by the Department within 21 days
from the day Respondent received the Administrative Complaint,
pursuant to Rule 28-106.111(2), Florida Administrative Code. If
Respondent fails to request a hearing within 21 days of receipt of
this Administrative Complaint, Respondent waives the right to
request a hearing on the facts alleged in this Administrative
Complaint pursuant to Rule 28-106.111(4), Florida Administrative
Code. Any request for an administrative proceeding to challenge
or contest the material facts or charges contained in the
Administrative Complaint must conform to Rule 28-106.2015(5),
Florida Administrative Code.
Please be advised that mediation under Section 120.573,
Florida Statutes, is not available for administrative disputes
involving this agency action.
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.
DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 9 of 9
Docket for Case No: 18-003942PL
Issue Date |
Proceedings |
Oct. 16, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Oct. 15, 2018 |
Joint Motion to Relinquish Jurisdiction Without Prejudice filed.
|
Sep. 18, 2018 |
Notice of Cancellation of Deposition filed.
|
Sep. 11, 2018 |
Notice of Taking Deposition (L.L.) filed.
|
Sep. 06, 2018 |
Notice of Taking Deposition (Alfredo Jose Fernandez) filed.
|
Aug. 31, 2018 |
Notice of Serving Petitioner's Responses to Respondent's Request for Production and First Set of Interrogatories filed.
|
Aug. 30, 2018 |
Respondent's Notice of Serving Response to Interrogatories filed.
|
Aug. 30, 2018 |
Respondent's Notice of Serving Response to Request for Production filed.
|
Aug. 29, 2018 |
Respondent's Notice of Serving Response to Request for Admissions filed.
|
Aug. 29, 2018 |
Order Granting Continuance and Rescheduling Hearing (hearing set for October 29 and 30, 2018; 9:30 a.m.; Clearwater, FL).
|
Aug. 28, 2018 |
CASE STATUS: Motion Hearing Held. |
Aug. 23, 2018 |
Notice of Telephonic Status Conference (status conference set for August 28, 2018; 11:30 a.m.).
|
Aug. 22, 2018 |
Unoppossed Motion for Continuance of Administrative Hearing filed.
|
Aug. 08, 2018 |
Order of Pre-hearing Instructions.
|
Aug. 08, 2018 |
Notice of Hearing (hearing set for September 13 and 14, 2018; 9:30 a.m.; Clearwater, FL).
|
Aug. 07, 2018 |
Notice of Appearance of Co-Counsel - Sarah Corrigan filed.
|
Aug. 07, 2018 |
Notice of Transfer.
|
Aug. 01, 2018 |
Joint Response to the Initial Order filed.
|
Jul. 31, 2018 |
Respondent's Notice of Serving Discovery on Petitioner filed.
|
Jul. 30, 2018 |
Notice of Serving Petitioner's First Request for Production, First Set of Interrogatories, and First Request for Admissions to Respondent filed.
|
Jul. 30, 2018 |
Initial Order.
|
Jul. 27, 2018 |
Notice of Appearance (Zachery Bell).
|
Jul. 27, 2018 |
Request for Formal Hearing Involving Issues of Dispute of Material Fact and Notice under Section 120.595(4)(B), Florida Statutes filed.
|
Jul. 27, 2018 |
Administrative Complaint filed.
|
Jul. 27, 2018 |
Agency referral filed.
|