STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE DEPARTMENT OF HEALTH, PETITIONER, v. CASE NUMBER 2017-22815 BRIAN KENNETH ALLARD, D.C., RESPONDENT. eS ADMINISTRATIVE COMPLAINT Petitioner Department of Health hereby files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Brian Kenneth Allard, D.C., and alleges: | 1. . Petitioner is the state agency charged with regulating the practice of chiropractic medicine pursuant to Chapter 20, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 460, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed chiropractic physician within the State of Florida, having first been issued license number CH 8185 on June 28, 2001. 3. Respondent's address of record is 7500 Bryan Dairy Road, Suite A, Largo, Florida 33777. DOH y. Allard, D.C. Case No. 2017-22815 4. On or about November 20, 2017, in the United States District Court, Middle District of Florida Orlando Division, in case number 6:16-cr- 184-Orl-37GJK, Respondent entered a plea of guilty to one count of felony Bank Fraud, a second-degree felony, in violation of Title 18 United States Code, Section 1344. 5. | Respondent specifically acknowledged that he “is pleading guilty because [he] is in fact guilty.” 6. Section 460.413(1)(ff), Florida Statutes (2017), subjects a chiropractic physician to discipline for violating any provision of Chapter 456, Florida Statutes (2017). 7. Section 456.072(1)(c), Florida Statutes (2017), subjects a chiropractic physician to discipline for being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession. 8. Respondent has entered a plea of guilty to Bank Fraud. 9. — Engaging in a systematic, on-going course of conduct with the intent to defraud one or more persons or institutions is in opposition to the DOH v. Allard, D.C. Case No. 2017-22815 qualities necessary to the practice or ability to practice chiropractic medicine. 10. Based on the foregoing, Respondent has violated Section 460.413(1)(ff), Florida Statutes (2017) through a violation of Section 456.072(1)(c), Florida Statutes (2017), by pleading guilty to a crime that relates to the practice of, or the ability to practice, Respondent's profession. 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 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. Signature appears on the following page DOH ¥. Allard, D.C. Case No. 2017-22815 SIGNED this 19" day of December, 2018. Celeste Philip, M.D., M.P.H. Tua. General and Secretary of Health Amanda M, (acd Assistant General Cou FILED Flrida Department of Health OEP APU ane Prosecution Services Unit abe Bn Conn? reo BSS eae #8 pare [2:20:20 1 eerie (850) 245-4684 Email: Amanda.Godbey@fihealth.gov PCP: December 18, 2018 PCP Members: Mindy Weingarten, D.C. and Gene Jenkins, D.C. | | DOH v. Allard, D.C. | Case No. 2017-22815 i 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. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. Allard, D.C. Case No. 2017-22815

Docket for Case No: 19-005185PL