FILED STATE OF FLORIDA DEPARTMENT OF HEALTH COUNT4 ANTI: 08 ALR aon OF HSTRATVE DEPARTMENT OF HEALTH, ) [DARINGS ) PETITIONER, _) 002453 ) vs. ) CASE NOS. 1999-54918, ) 1999-62022, & 1999-62058 ALEX ALBERTO YEMAT, MD., ) ) RESPONDENT. _) _) ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Alex Alberto Yemat, M.D., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes, and Chapter 458, Florida Statutes. Pursuant to the authority of Section 20.43(3), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is and has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 0062900. Respondent’s last known address is 8411 S.W. 38th Street, Miami, Florida 33155. 3. Respondent practices in gynecology and obstetrics, but is not board-certified. VY U FACTS PERTAINING TO PATIENT N.R. 4. On or about September 1, 1998, Patient N.R., a thirty-four (34) year-old female and long-term patient of Respondent, presented to him to receive the results of a blood test. 5. Patient N.R. was seated in the waiting room with her four-year-old son, when Respondent stuck his head into the room, pointed out Patient N.R. and had her escorted into an examination room. Patient N.R. was told to wait while Respondent finished with another patient. 6. Respondent entered the examination room where Patient N.R. was waiting and told her to undress from the waist down. Patient N.R. explained that she was there for the results of a blood test and not for an examination. Respondent insisted on conducting an examination and told Patient N.R. to tell her son to leave the room. The patient refused to have her son leave the room and Respondent told the child to turn his back during the examination. 7. Patient N.R. undressed from the waist down, got onto the examination table and placed her feet in the examining table stirrups. Respondent began a vaginal examination of Patient N.R. without a glove on his hand. The patient objected and Respondent placed a latex glove on his hand. He then thrust his finger into the patient’s vagina and pushed it in and out. Patient N.R. told Respondent that he was hurting her and although he slowed down, he began to use his second hand to fondle the patient’s clitoris. 8. Patient N.R. realized that Respondent’s actions were not part of a routine examination and had nothing to do with her current medical problem. She pushed -his hands away and got off the examining table to dress. Respondent instructed the patient that he needed to examine her back and he gripped her hips with both hands. Patient N.R. pushed away, finished dressing and left the office without paying. 9. During Respondent’s conduct with Patient N.R. no other person, other than the patient’s minor son, was present in the room. \/ rw) 10. Onv-the following day, September 2, 1998, Patient N.R. reported the above- described incident with Respondent to the Hialeah Police Department. COUNT ONE 11. Petitioner realleges and incorporates paragraphs one (1) through ten (10), as if fully set forth herein this Count One. 12. Respondent exercised influence within a patient-physician relationship for purposes of engaging a patient in sexual activity, in that Respondent engaged in sexual ‘misconduct with Patient N.R. 13. Based on the foregoing, Respondent violated Section 458.331(1)(j), Florida Statutes, by exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. COUNT TWO 14. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and twelve (12), as if fully set forth herein this Count Two. 15. Respondent failed to practice medicine with that level of care, skill, and treatment which is recognized ‘by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, in that Respondent failed to wear latex gloves while performing a vaginal examination of Patient N.R. and engaged in sexual misconduct with Patient N.R., during the course of a vaginal examination. 16. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes, by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. COUNT THREE 17. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve (12), and fifteen (15), as if fully set forth herein this Count Three. , 18. Respondent violated any provision of Chapter 458, Florida Statutes, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing or failed to comply with a lawfully issued subpoena of the department, in that Respondent violated the express prohibition against sexual misconduct stated in Section 458.329, Florida Statutes, and Rule 64B-9.008, Florida Administrative Code in his actions with Patient N.R. 19, Based on the foregoing, Respondent violated Section 458.331(1)(x), Florida Statutes, by violating any provision of Chapter 458, Florida Statutes, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department. FACTS PERTAINING TO PATIENT D.P. 20. On or about August 25, 1999, Patient D.P., a seventeen (17) year-old female and patient of Respondent’s for several years, presented to Respondent’s office as a walk-in patient for a routine gynecological examination. YU Nw] 21. While Patient D.P. was waiting to see Respondent, he saw her on her way to the restroom, commented on how good she looked and had her taken into an examination room without any further waiting. 22. Respondent entered the examination room and told Patient D.P. to remove her underwear, pull up her dress, and lie back on the examination table. 23. Respondent inserted his ungloved finger into Patient D. P.’s vagina and thrust his finger in and out of her vagina. While his finger was in Patient D.P.’s vagina, Respondent also began touching her clitoris with his other finger in a rotating motion. 24. Patient D.P. asked Respondent why he was not wearing a glove during the examination. Respondent put a latex glove on his hand and continued to move his finger in and out of her vagina. 25. During Respondent’s conduct with Patient D.P., he told the patient how large her vagina was and “how he would love to stick something into it.” He then removed one of her legs from the stirrup and placed it over his shoulder. He placed two fingers into her vagina and continued to rub her clitoris with his thumb. Patient D.P. told Respondent repeatedly that he was hurting her. 26. Patient D.P. asked Respondent what he was doing, she tried to terminate the examination and she tried to get away from Respondent, but he held her down and continued to fondle her. 27. Patient D.P. got off of the examining table and Respondent gripped her hips and pressed his erect penis against her. He then turned her around and began feeling her buttocks and hips with his hands. VU UY 28. — Pattent D.P. told Respondent that he had hurt her, she expressed her concern over what he had done and she got dressed. Respondent remained in the room and watched her dress. 29. During Respondent’s conduct with Patient D.P. no other person was present in the office with Respondent and the patient. 30. Later on the same day, August 25, 1999, Patient D.P. called 911 to report Respondent’s above-described behavior. On the same day, she filed a police report with the Hialeah Police Department. The incident was reported to the Agency on or about January 3, 2000. COUNT FOUR 31. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve (12), fifteen (15), and twenty (20) through thirty (30), as if fully set forth herein this Count Four. 32. Respondent exercised influence within a patient-physician relationship for purposes of engaging a patient in sexual activity, in that Respondent engaged in sexual misconduct with Patient D.P. 33. Based on the foregoing, Respondent violated Section 458.331(1)(j), Florida Statutes, by exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. OUNT FIVE 34. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve (12), fifteen (15), twenty (20) through thirty.(30), and thirty-two (32), as if fully set forth herein this Count Five. 35. Respondent failed to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, in that Respondent failed to wear latex gloves while performing a vaginal examination of Patient D.P.; engaged in sexual misconduct with Patient D.P., during the course of a vaginal examination; and placed Patient D.P.'s leg on his shoulder during the pelvic exam. 36. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes, by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. COUNT SIX 37. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve (12), fifteen (15), twenty (20) through thirty (30), thirty-two (32), and thirty-five (35), as if fully set forth herein this Count Six. 38. Respondent violated any provision of Chapter 458, Florida Statutes, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing or failed to comply with a lawfully issued subpoena of the department, in that Respondent violated the express prohibition against sexual misconduct stated in Section VY Nw] 458.329, Florida Statutes, and Rule 64B-9.008, Florida Administrative Code in his actions with Patient D.P. 39. Based on the foregoing, Respondent violated Section 458.331(1)(x), Florida Statutes, by violating any provision of Chapter 458, Florida Statutes, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department. FACTS PERTAINING TO PATIENT S.D. 40. On or about March 12, 1999, Patient S.D., a twenty-six year old female, presented to Respondent for the first time because of pelvic pain. 41. Respondent ordered a pelvic ultrasound be conducted on Patient S.D. prior to his examining her. The ultrasound was performed in his office and the results presented to Respondent. . 42. Patient S.D. was taken into an examining room and Respondent told her to undress completely. Respondent sent his nurse out of the room and he told Patient S.D. that he was going to conduct a pap smear test on her. Although Patient S.D. was lying down and could not see exactly what Respondent was doing during the examination, she felt him place two or three fingers into her vagina. She then felt him rub her clitoris. Patient $.D. asked Respondent what he was doing and he told her that what she was feeling was the urge to urinate. Respondent continued to thrust his fingers deep into Patient S.D. even though she complained that he was hurting her. Respondent responded by saying that he was hurting her because she had an infection. He then removed his glove and continued to thrust his fingers into Patient S.D.’s vagina and to rub her clitoris. After Respondent removed his fingers from Patient S.D.’s vagina, YU WY he told her to stand up and jump up and down and to tum so that her buttocks faced him. He then examined Patient S.D.’s breasts. 43. | Respondent’s office notes reflect a diagnosis of pelvic pain for Patient S.D. Respondent wrote Patient S.D. prescriptions for Flaggl ER, Cleocin vaginal cream, and Zithromax. 44. On the following day, March 13, 1999, Patient S.D. presented to Homestead Hospital in Homestead, Florida with pelvic pain. She reported to the emergency room physician that she had been sexually assaulted by Respondent. 45. Section 458.329, Florida Statutes, states that the physician-patient relationship is founded on mutual trust. Sexual misconduct in the practice of medicine means violation of the physician-patient relationship through which the physician uses said relationship to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of the practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of medicine is prohibited. COUNT SEVEN 46. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve (12), fifteen (15), twenty (20) through thirty (30), thirty-two (32), thirty-five (35), and forty (40) through forty-five (45), as if fully set forth herein this Count Seven. 47. Respondent exercised influence within a patient-physician relationship for purposes of engaging a patient in sexual activity, in that Respondent engaged in sexual misconduct with Patient S.D. Y Y 48. Baséd on the foregoing, Respondent violated Section 458.331(1)(j), Florida Statutes, by exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. COUNT EIGHT 49. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve (12), fifteen (15), twenty (20) through thirty (30), thirty-two (32), thirty-five (35), forty (40) through forty-five (45), and forty-seven (47), as if fully set forth herein this Count Eight. . 50. Respondent failed to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, in that Respondent failed to wear latex gloves while performing a vaginal examination of Patient S.D. and engaged in sexual misconduct with Patient S.D. during the course of a vaginal examination. 51. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes, by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. COUNT NINE 52. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve (12), fifteen (15), twenty (20) through thirty (30), thirty-two (32), thirty-five (35), forty (40) ow] VY through forty-five'(45), forty-seven (47), and fifty (50), as if fully set forth herein this Count Nine. 53. Respondent violated any provision of Chapter 458, Florida Statutes, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing or failed to comply with a lawfully issued subpoena of the department, in that Respondent violated the express prohibition against sexual misconduct stated in Section 458.329, Florida Statutes, and Rule 64B-9.008, Florida Administrative Code in his actions with Patient S.D. 54. Based on the foregoing, Respondent violated Section 458.331(1)(x),- Florida Statutes, by violating any provision of Chapter 458, Florida Statutes, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department. WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of the Respondents license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, the assessment of costs related to the investigation and prosecution of this case as provided for in Section 455.624(4), Florida Statutes, and/or any other relief that the Board deems appropriate. OAL , SIGNED this_ /@” day of ase , 2000. Robert G. Brooks, M.D., Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK. CLERK Sfaun Z a aihryn LOCaSp Chief Medical Attorney YW COUNSEL FOR DEPARTMENT: Kathryn L. Kasprzak Chief Medical Attorney Agency for Health Care Administration P. O. Box 14229 Tallahassee, Florida 32317-4229 Florida Bar #0937819 KLK/kmk PCP: May 15, 2000 PCP Members: Ashkar, McMillin, Rodriguez

Docket for Case No: 00-002453