Mrs. Carol Ann Carter's daughter, Suzanne, had passed out at school a few times and, when routine medical checks failed to disclose the specific cause, Mrs. Carter thought a pinched nerve might be the problem. She took Suzanne to Dr. Dappolonia, a chiropractor, whose name was suggested by a friend. Medical doctors had indicated more drastic tests would he required to ascertain the cause of the problem and, before embarking on those tests, Mrs. Carter decided to try the services of a chiropractor.
On her first visit Dr. Dappolonia took x-rays of the patient and explained to Mrs. Carter that he could diagnose Suzanne's problems with his biometer machine. Mrs. Carter expressed her skepticism to Dr. Dappolonia when he advised her that the machine could diagnose the condition of all body organs. When she told him she didn't want to he ripped off he assured her that the machine was all he claimed it to be. When Dr. Dappolonia examined Suzanne by use of the biometer he advised her and Mrs. Carter that she had five hundred
million units of infection in her nervous system and prescribed pills to be taken at frequent intervals - initially 5 every 15 minutes for one hour then 5 per hour. He further advised that these pills were unique in that if touched by human hands they would be neutralized and would not be effective thereafter.
Then told this Mrs. Carter again expressed her skepticism, but Dr. Dappolonia assured her that the treatment and medication would cure her daughter's malady. During the course of these treatments Dr. Dappolonia told Suzanne and Mrs.
Carter that it was necessary to believe in the machine and the pills in order for them to work.
Suzanne received some seven or eight treatments from Dr. Dappolonia which consisted of checks by use of the biometer and continuation of the Celoid pills. On the last visit Mrs. Carter was advised that Suzanne was now suffering from insecticide poisoning and that a different Celoid pill would be needed. He prescribed for her some of these pills.
Mrs. Carter took these pills to her family doctor, Dr. Miller, who sent them to a laboratory far analysis. The pills contained none of the ingredients normally found in medicines and were physically similar to certain sugar pills carried in pharmacies for use as placebos. Chemical tests conducted showed the pills consisted principally of dissacherides, either lactose or maltose, and contained no ingredient normally used to combat insecticide poisoning. Dr. Miller was advised of the results of the laboratory tests.
During the various visits Suzanne made to Dr. Dappolonia the biometer was used on each visit. Suzanne and Mrs. Carter described the machine as having the outward appearance of an old radio with several knobs which could be turned but no meters or recording devices which had needle or stylus that moved. A black 4" x 4" x 1/3" black plate with two wires attached would be placed an the body and Dr. Dappolonia, with his fingers on the plate, would turn dials on the machine and thereafter announce the amount of infection in the organ.
Dr. Gary Miller has treated Suzanne Carter off and on since 1973 as the family doctor. In January, 1975 she was examined by him following a syncopal episode (fainting). This examination revealed no physical abnormality that would account for the episode. She was advised to keep a running record of these episodes if they recurred.
Dr. Miller saw Suzanne in February, 1975 with no reported recurrence of syncopol episodes. He saw her again in May, 1975 when several intervening episodes were reported. At this time he conducted an electroencephalogram which was normal. Suzanne was next seen on June 3, 1975 for pain in her right elbow which had been bruised in a fall. At this time Mrs. Carter asked him to have pills analyzed and to check Suzanne for insecticide poisoning. He saw no symptoms of such poisoning and suspected that the pills were placebos. When he received the report from the laboratory that the pills were composed of dissacherides he considered his suspicions confirmed. In any event the pills would have had no therapeutic value in treating insecticide poisoning.
Dr. Miller has had special training in several fields of medicine including internal medicine, is unaware of any machine that can measure infection, and he has never heard of a machine as described by Suzanne and her mother used in any field of medicine.
Homer S. Stallings, D. C. is a licensed chiropractor and former member of the Board of Chiropractic Examiners. As such he is generally familiar with the curriculum and the schools that are approved by the Florida Bond of
Chiropractic Examiners that will qualify a graduate to be admitted to practice in Florida. He is aware of none that teach the use of any particular instrument to diagnose infections. Chiropractors cannot prescribe medications; however, naturopath are permitted to do so.
At the completion of the Board's case Respondent's motion for a directed verdict on grounds that evidence failed to show the treatment given by licensee was done in chiropractic practice and to strike all testimony respecting the biometer, was denied.
Exhibit 1, a photocopy of Dr. Dappolonia's license as a naturopathic physician was admitted into evidence without objection.
J. L. Alexander, D. C., N.D. has been a licensed naturopath in Florida since 1950 and a licensed chiropractor since 1952. He did not renew his chiropractic license in 1975 and is now practicing only naturopathy. He operated a diagnostic machine similar to the one used by Dr. Dappolonia in Kentucky before he came to Florida in 1950. He knows the instrument as a radioclast or hemoclast and used a radiaclast in giving physiotherapy in Kentucky. Dr. Alexander described the radioclast as an electrical instrument used to measure vitality by picking up vibrations from various organs. He has used placebos but only to test the truth of a patient's symptoms. Dr. Alexander is aware of no school that teaches the use of the radioclast.
Mrs. Dappolania presented receipts of payments made by Mrs. Carter as Composite Exhibit 3. On the top thereof appears (less address)
NA PIER CLINIC CHIROPRACTIC AND MEDICAL NATUROPATHY
A photograph of the front of Dr. Dappolonia' s office was admitted into evidence as Exhibit 2. Thereon, following the name M. Dappolonia, appears D.C., N.D.
Dr. Dappolonia is licensed in Florida as a chiropractic and naturopath. He considered his prescription of pills for Suzanne Carter to be authorized under his license as a naturopath and his use of the diagnostic machine to be authorized under the same discipline. He treats no patients solely as a chiropractor and considers the form completed by his patients on their first visit, which nowhere thereon refers to specific treatment, to authorize him to treat these patients either as a naturopathic physician or as a chiropractor as he sees fit. The only time he advises patients he is operating under his naturopathic license is when be writes a prescription. He considers it difficult to draw the line between chiropractic and naturopathic practices except when drugs are dispensed which is always as a naturopath.
He described the pills given to Suzanne as Celoid Salts. One contained sodium sulfate in a vehicle of milk sugar. Others he prescribed for Suzanne contained different salts in a malt sugar vehicle. For the insecticide poisoning the pill was an I-Celoid which contained a mixture of three individual cell salts containing magnesium, sulfur and iron. These pills were not given as placebos, but to reduce the systemic virus and insecticide poisoning diagnosed by use of the biometer. He stressed to Suzanne the necessity for her to believe in the treatment he prescribed in order for it to work.
Dr. Dappolonia identified the instrument he used to diagnose Suzanne's illness as a biometer. He first became interested in "radionics" while a
student at the National College in Chicago from which he received degrees in chiropractic and naturopathic. He took post-graduate work at a private school conducted by a Dr. Spitler, N.D. at Eton, Pennsylvania. The institution was a combination of clinic and school with only one instructor.
According to Dr. Dappolonia it is absolutely necessary to have a background in electronics in order to understand the operation of the biometer. The biometer measures the body's resistance, but Dr. Dappolonia was usable to explain whether the resistance was to electrical current or to frequency or how such resistance was electronically measured. According to him all organs and glands give off fixed frequencies. As he explained the theory of the biometer it appears that every heart has a vibrating frequency that is the same regardless of the variations in age, condition, etc. of the patient. When an organ or gland is being tested the machine is set for the frequency applicable to that gland or organ and by finger touch on the black 4" x 4" x 1/3" sensor placed on the body the dial is adjusted so the vibrations are danced out. Any movement of the dials from the standard setting that are necessary to damp out the vibrations represent abnormalities in the organ or gland being tested. In this manner he diagnosed Suzanne Carter initially having 25 million units of infection and subsequently he diagnosed insecticide poisoning.
When asked to draw a schematic diagram showing how the machine converted electrical energy into whatever impulses were transmitted through the 4" x 4" sensor Dr. Dappolonia drew what appeared to be the location of the knobs on the face of the instrument. This drawing is attached to the record as an unmarked exhibit. Its admission was objected to by Dr. Dappolonia and it was never accepted into evidence although no ruling was made on the objection at the hearing. This exhibit is now admitted as evidence of Dr. Dappolonia's understanding of electronics.
CONCLUSIONS OF LAW
From the foregoing it is concluded that Michael Dappolonia, D.C., N.D. used deceit, deception and fraud in the diagnosis and treatment of Suzanne Carter in May and June of 1975. He held himself out as a chiropractor and Mrs. Carter took her daughter to him for chiropractic treatment. The diagnosis made on Suzanne Carter was made by use of an instrument not taught at a college approved by the Florida State Board of Chiropractic Examiners and the biometer used is incapable of performing the functions taught by Dr. Dappolonia. Such conduct constitutes a violation of s460.13(3)(h) and (n) F.S.
Dr. Dappolonia's contention that when prescribing medication he was acting as a naturopathic physician has merit as there was no dispute that he identified himself as a naturopath while prescribing medication or drugs. It is therefore concluded that Dr. Michael Dappolonia, D.C., N.D. is not guilty of Charge 2 of the Administrative Complaint.
His contention that his use of the biometer was done only under the naturopathic discipline is inconsistent with his testimony that the only real distinction in the practice of the two disciplines is in the prescribing of medication; and with his testimony that, regardless for what purpose patients appeared, he treated them using whichever discipline he considered appropriate for his diagnosis. A practitioner who labels himself a chiropractor, holds himself out as a chiropractor to the general public, receives patients who come to him for chiropractic treatment, and does not disclose he is treating his patients with another discipline must be presumed to be a chiropractor and operating under the chiropractic discipline while treating patients so received.
Dr. Dappolonia is a charlatan. He cannot obtain patients by virtue of his license to practice chiropractic and then ignore the disciplines of that profession without violating the provisions of Chapter 460 F.S. When he so uses his license such conduct is most reprehensible and the perpetrator should be permanently curtailed. It is therefore,
