STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2020-01064 ALAN CHAD SMITH, D.C., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Alan Chad Smith, D.C. In support, Petitioner alleges: 1. 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. 2. At all times material to this complaint, Respondent was licensed to practice chiropractic medicine in the State of Florida, having been issued license number CH 10220 on January 24, 2011. 3. Respondent's address of record is 10601 San Jose Boulevard, #213, Jacksonville, Florida 32257. DOH v. Smith, D.C. Case No. 2020-01064 4. At all times material to this complaint, Respondent worked as a chiropractor for Axiom Wellness, located in Jacksonville, Florida. 5. On or about June 5, 2019, Respondent first met Patient L.R. when she presented to Axiom Wellness for an initial evaluation to treat her chronic pain. 6. Respondent conducted Patient L.R.’s initial examination and Patient L.R. became Respondent's patient. 7. Between June 2019 and early July 2019, Respondent initiated contact with Patient L.R. to make the sexually suggestive comment to her that the last time he saw her she “look[ed] amazing.” 8. In and around July 2019, Respondent met Patient L.R. for lunch and they began a romantic relationship and shared a kiss. 9. Patient L.R. remained a patient of Respondent's and continued to see him for chiropractic treatment until September 6, 2019. 10. In and around July 2019 through September 2019, Respondent and Patient L.R. repeatedly engaged in sexual activity with each other in one or more of the following ways: a. Kissing; and/or, b. Sexual Intercourse. DOH v. Smith, D.C. Case No. 2020-01064 11. In and around September 2019, Respondent and Patient L.R. terminated their sexual relationship. 12. Respondent continued to reach out to Patient L.R. after she had informed Respondent that she no longer wanted a relationship either personal or professional with Respondent. 13. Section 460.413(1)(ff), Florida Statutes (2018), subjects a chiropractor to discipline for violating any provision of chapter 460 or any rules adopted pursuant thereto. 14. Section 460.412, Florida Statutes (2018), provides that sexual misconduct in the practice of chiropractic medicine means violation of the chiropractic physician-patient relationship through which the chiropractic physician uses said relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of chiropractic medicine is prohibited. 15. Rule 64B2-17.0021, Florida Administrative Code, provides: The chiropractic physician/patient relationship is founded on the trust and confidence that a patient places in the chiropractic physician, and this rule is intended to prevent a chiropractic physician from taking advantage of that trust for the chiropractic 3 DOH v. Smith, D.C. Case No. 2020-01064 physician’s own pleasure, satisfaction or benefit. To protect both the chiropractor and the patient, the Board recommends the presence of a third person during a chiropractic physician’s examination and treatment of a patient. (1) No chiropractic physician may engage in sexual misconduct with a patient of the chiropractic physician. (2) Sexual misconduct is any direct or indirect physical contact by any person or between persons which is intended or which is likely to cause to either person stimulation of a sexual nature. Sexual misconduct includes sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse. Sexual misconduct also includes the activities described in subsections (3) through (8), of this rule. (3) A licensee who fails to inform a patient when the licensee must touch the patient’s breasts or genitalia for diagnostic or therapeutic purposes or a licensee who disregards a patient's request that the licensee not touch the patient's breasts or genitalia, is guilty of sexual misconduct. (4) A licensee who makes suggestive, lewd, or lascivious remarks to a patient or who performs suggestive, lewd, or lascivious acts in the presence of a patient is guilty of sexual misconduct. (5) A licensee who intentionally touches a patient's breasts or sexual organs for non-diagnostic or non-therapeutic purposes is guilty of sexual misconduct, regardless of whether the patient is clothed. (6) A licensee who makes intentional contact with or who penetrates a patient’s oral, anal, or vaginal orifice with the licensee’s own sexual organ is guilty of sexual misconduct. (7) A licensee who makes intentional contact with or who penetrates a patient's oral, anal, or vaginal orifice with any object for any purpose other than a professionally recognized diagnostic or therapeutic purpose is guilty of sexual misconduct. (8) Definition of patient. A patient is any person who was being examined or who was under the care or treatment of the chiropractic physician when the incident or incidents of sexual misconduct allegedly occurred, regardless of whether the person was billed by or was paying for chiropractic services from the licensee who is accused of sexual misconduct. A person shall be 4 DOH v. Smith, D.C. Case No. 2020-01064 considered a patient until after one year has elapsed since the last date on which the chiropractic physician examined or treated the person. (9) Consent as a defense. Because of the control that a chiropractic physician exercises in the physician/patient relationship, a patient’s consent may not be used by the chiropractic physician in the defense of an allegation of sexual misconduct on the part of the chiropractic physician. 16. Respondent engaged in sexual misconduct with Patient R.P. in violation of Rule 64B2-17.0021, and/or section 460.412, F.S., by: a. making sexually suggestive remarks to Patient L.R.; b. kissed Patient L.R.; and/or, c. having sexual intercourse with Patient L.R. 17. Based upon the foregoing, Respondent violated section 460.413(1)(ff), F.S., by violating rule 64B2-17.0021, F.A.C. and/or section 460.412, F.S., for sexual misconduct with Patient L.R. WHEREFORE, the 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, DOH v. Smith, D.C. Case No. 2020-01064 refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this__23___ day of __ September 2020. Scott A. Rivkees, M.D. State Surgeon General FILED an JQ DEPARTMENT OF HEALTH i 7 DEPUTY CLERK / CLERK: Amanda Morales DATE: 10/5/2020 Rose Garrison Assistant General Counsel DOH Prosecution Services Unit Florida Bar Number 105920 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Phone 850-558-9842 Fax 850-245-4684 Rose.Garrison@flhealth.gov PCP: September 22, 2020 PCP Members: Vogel and Weingarten DOH v. Smith, D.C. Case No. 2020-01064 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. Smith, D.C. Case No. 2020-01064

Docket for Case No: 21-000375PL