- STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, 00-27 e a) PL L. ) ) } vs. ) one 1999-61302,1999-61306, ) 1999-61310,1999-62142,1999 62975 ) ) ) FRANK K. KRUMM, MOD., 1999-62976 RESP ONDENT. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, - hereinafter referred to as “Petitioner,” and files this Administrative Com plaint before the Board of Medicine against Frank K. Kromm, M.D., hereinafter referred to as “Respondent,’ ’ and alleges: 1. Bffective 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 -complsint investigative and prosecutorial services. required | byt ‘the! Division of Medical _ . Quality Assurance, councils, or boards, as appropriate. “2. ~~~ Respondent js and has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 0074798. Respondent's jJast known . address is 37 101 Jessie Harbor Drive, “Osprey, Florida 34229. - 3. . Respondent practices in the area of fam nily medicine but is not board-certified. 4. Section 458.329, Florida Statutes, states that the physician-patient relationship is founded on mutual trast. 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. 5. Rule 64B8-9. 008, Florida Administrative Code, states in part that sexual contact with a patient is sexual misconduct, which includes verbal or physical behavior which 1 may . seasonably be interpreted as romantic involvement with a patient | regardless ‘of whether such. involvement occurs i in the professional setting or outside of it, may reasonably be interpreted as intended for the sexual arousal or gratification of the physician, the patient or any third party or may be reasonably interpreted as being sexual. FACTS PERTAINING TO ) PATIENT K.A. (formerly known as K.A. D.) (Case No. 1999-61302) : 6. On or about February 19, 1999, Patient K.A., a thirty-three (33) year-old female, presented to Respondent at the Suncoast Family Practice in Sarasota, Florida, complaining of depression, anxiety, and headaches. ng | to Patient x A, , Respondent told b her that the other doctors she had seen at Suncoast were wrong about the appropriate treatment for anxiety and that he would take _. care of her. He told her she would be “back to her old self i in no time.” He wrote Patient K. AL prescriptions for thirty (30) .25 milligram tablets of Xanax, a drug used in the treatment of - anxiety, thirty (30) tablets of Vicodin, an opioid analgesic used in the treatment of pain, “thirty (30) tablets Metoprolol, a drug used i in the treatment of high blood pressure, and sixty (60) 15- milligram tablets of Buspar, a drug used for the treatment of anxiety. # ; WS wy 8. On or about March 22, 1999, Patient K.A. presented to Respondent for follow-up wet treatment regarding her anxiety and headaches. Patient K.A. told Respondent that her headaches were severe. Respondent questioned Patient K.A. about the stress in her life and she explained that she was going through a difficult divorce. Patient K. A. was sitting in a chair while she was talking t to Respondent. Respondent rolled his examination stool over between Patient K. Als s legs, told her to close her eyes, and he massaged her temples and neck. During the massage, Respondent tc told Patient K.A. that everything was going to be all right. ~ At the conclusion of Patient K.A’s sppointment, Respondent indicated that she should continue with the previously prescribed medicines with the addition of Flexeril, a muscle relaxer, to treat the muscle spasms in her neck. Respondent scheduled Patient K.A. for a follow-up appointment. 9. On or about May 20, 1999, Patient K.A. presented to Respondent for a follow-up appointment. After speaking to Patient K.A. briefly about her anxiety and headaches, Respondent continued the previously prescribed medications and added prescriptions for thirty (30) 2-milligram tablets of Ativan and twenty-eight (28) tablets of 20 milligram Paxil. 10. On or about June 8, 1999, Patient K.A. presented to Respondent for follow-up treatment for anxiety and headaches. Patient K. A. was taken into an examining room. Respondent came into the examining room and sat on a rolling stool. He asked Patient K.A. how she was doing and she told ‘him that she continued to have severe headaches and panic attacks. Respondent rolled the examining § stool between Patient K. AL s s legs and placed | her feet i in his lap. He massaged both of her feet. Respondent told Patient K. A. that her pusband was a sa jerk, ‘that she was under stress, that she was very beautiful, and that she could have any man she wanted. He proceeded to massage her neck, shoulders, lower back, and her buttocks. she had a “g00d orgasm.” She told him it had been about six months and he said that was probably part of the reason that she had so much tension and stress. He told her she needed a “good hard orgasm.” 12. Respondent stood between Patient K.A.’s thighs and kissed her neck. He told her he was ther man to give her an orgasm i and that she would feel much better afterwards. He moved his hands 1 up ‘her skirt, “massaged her lees, ‘and reached into her panty hose. Respondent told “Patient K. A. that he wanted to meet her i ina motel room. Respondent kissed Patient K.A. and as ‘she was leaving the examining room, he ‘asked her if she understood patient/doctor confidentiality. Respondent explained to Patient KA. that he could lose his license if she told anyone what he had done during the appointment. As Patient KA. was leaving the examining room, she asked Respondenit for her prescriptions. - He wrote her prescriptions for Naprelan, a non-steroidal anti-inflammatory drug, Buspar, a drug used for the treatment of anxiety, Xanax, for the treatment of anxiety, Lorazepam, for the treatment of anxiety, Metoprolol, a drug used for the treatment of high blood pressure and angina, and he added a prescription for twenty-one (21) 20 milligram tablets of Celexa, a drug used in the treatment of depression. 13. During Respondent’s examination of Patient K.A. there was 20 other person in ‘the examining ‘room other than Respondent ‘and the patient. 14, ~ Respondent’ Ss conduct, Which involved inappropriate massaginig and touching, and sexually explicit statements made during Patient K.A.’s treatment for headaches, anxiety, and depression constitute sexual misconduct i in the practice of medicine. Respondent inappropriately exercised influence within a patient- physician relationship for the purpose of engaging a patient 11. | While Respondent niassaged Patient K.A., he asked her when was the last time = in sexual activity; in that Respondeiit made statements and performed inappropriate acts which ® were sexual in nature and which were not performed for any legitimate medical purpose. ~ COUNT ONE 15. _ Petitioner realleges and incorporates paragraphs one e (1) through fourteen (14) as if fully s set forth herein this Count One. . ne 16. _ Respondent exercised influence within a “patient-physician ‘relationship for foe ne ee Se en ‘ purposes of of engaging a patient in n sexual activity, in n that Respondent inappropriately messaged and touched Patient K.A., kissed Patient K.A., and made sexually explicit comments to Patient KA. 17. 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 "18. - Petitioner relleges and incorporates paragraphs one e (1) through fourteen, (14) board or department, or a lawful order of the board or departanent reviouély entered in a ; | disciplinary hearing or failed to comply with a lawfully issued subpoena of the department, in ~ t that Respondent violated the express prohibition against “sexual ‘isconduct stated in Section / ! ee wo ~ NN _ 458.329, Florida Statutes, and Rule 64B8-9.008, Florida Administrative Code in his actions with - evaluation regarding ‘the p progress of her weight loss program. : “Ta a ae Patient K.A. ' 20. Based on- thé 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.H. (Case No. 1999-62142) 21. in or about February of 1999, Patient D.H., a thirty-eight (38) year-old ‘female, presented to Respondent’s office at the Suncoast Family Practice seeking treatment to lose weight. Patient D.H.’s four (4) year-old daughter was present during Patient D.H.’s appointment with Respondent. Respondent discussed Patient D.H.’s options regarding weight loss and discussed weight management. Respondent related his own weight problems and told Patient D.H. that he had lost sixty-five (65) pounds. He told Patient D.H. that she was beaiitifal and he ¥ wrote > her a prescription for "Meridia, ¢ a diet supplement used i in treatment of obesity. 22. On or about March 9, 1999, Patient DH. represented to Respondent for ition ‘to discussing her - ~ weight loss, “Respondent questioned Patient DH. ‘about her menstrual cycle, ‘water retention, vand __ Stress. ‘Patient Dz H. revealed to Respondent that She v was discouraged because of her lack of Respondent told i success with weight loss. 23. Respondent placed Patient DH s feet in his Jap “and d massaged “her r fect D. H. ‘that | e massage would relieve her stress. — ae eo a i cn ee 24, Respondent finished ‘massaging Patient D.H.’s feet-and wrote her a prescription for Fasten, a drug used to aid in weight loss. As Patient D.H. was leaving the examining room, Respondent whispered into her ear, asking, “when was the last time that you had a good hard orgasm.” 25. On or about April 15, 1999, Patient D. H. presented to Respondent for a third appointment regardin sher -weight loss program. “Patient D. H. had lost seventeen (7) pounds and _ Respondent told her she looked “great.’ ” During the time Patient D.H. was in nthe examining room, . Respondent massaged her feet, ‘the inside of her legs, ‘and ‘her ir inner er thighs. ‘He reached inside her underwear and massaged her clitoris and vagina until Patient D.H. reached orgasm. | Respondent ; told Patient D.H. that she was receiving “special treatment.” Respondent graphically described other sexual acts that he would like to perform on Patient D.H. - 26. Onor about May 13, 1999, Patient D.H. presented to Respondent for monitoring of her weight loss program. Respondent instructed Patient D.H. to continue to take the weight loss medication. Then, Respondent told Patient D.H. to lie down on the examining table and he performed oral sex on 1 her. Respondent grabbed her hand and placed it on his erect penis s and said, “See what y you do to me?” oe . “27. _ During} Patient D. H.'s Ys appointments with Respondent no other person was present a oft = his examining room during 1 her appointments, “and his verbal remarks, to her during her - appointments with him, constitutes sexual misconduct i in n the practice of medicine. Respondent inappropriately exercised influence within ‘a patient-physician relationship for the purpose of Coe creme ee herein this Count Three. engaging Patient D.H. in sexual activity, in that Respondent made statements and performed inappropriaté acts which were sexual in nature and which were not performed for any legitimate medical purpose. COUNT THREE 29. Petitioner realleges and incorporates paragraphs one (1) ‘through fourteen (14), sixteen (16), nineteen ( 19), and twenty-one ey through twenty: iat Be as if fully set forth 30. Respondent exercised influence within a patient-physician relationship for purposes of engaging a patient in sexual activity, in that Respondent performed sexual acts on Patient D.H. and inappropriately massaged and touched Patient D. H. _ 31, Based on the foregoing, Respondent violated Section 458.331(1)(@), 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 FOUR sixteen (16), ni nineteen (19), twenty-one Q@) through twenty-eight 28), and thirty (30), as as Sif if fully ~ ate bites li aac eb Bh ai pei } set forth herein this Count Four. 7 3B - Respondent violated any pre provision of Chapter 458, ‘Florida Statutes, a rule of the i board 0 or depres, or a 2 lawful order of the board or department previously entered in a : ~ Gisciplinary h hearing o or r failed ‘to comply. with a > lawiully issued subpoena of the department, i in 32. : " Petitioner realleges and incorporates ‘paragraphs | one oO through “fourteen (4), : Hi that Respondent Violated the expitis prohibition against séxual misconduct stated in Section 458.329, Florida Statutes, and Rule 64B8-9.008, Florida Administrative Code in his actioris with Patient D.H. 34, Based on the foregoing, Respondent violated Section 458.331(1)(3), 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 K.D. (Case No. 1999-61306) 35. On or about January 26, 1999, Patient K.D., a thirty-four (34) year-old female, presented to Respondent at the Suncoast Family Practice with a history of knee surgery. Patient K.D. had been referred to Respondent by her workers compensation carrier. . 36. ) Respondent examined Patient K.D. and diagnosed her with knee strain. During the examination, Patient K.D. began to cry and expressed concern about having to have more knee surgery. Respondent asked Patient K.D. if she was depressed and suggested that she consider taking an antidepressant. Patient K.D. told Respondent that she did not want to take an - antidepressant. 37. On or about March 19, 1999, Patient K.D. presented to Respondent for continued knee pain and with back pain, Respondent told Patient kK. D. that she could open up to him and — _ come see him any time and tell him what was really wrong with her. Patient K. D. reiterated her concern about the pain in her knee. 38. . Onor about May 7, 1999, Patient K.D. presented to Respondent complaining of © continued knee and back pain. Respondent told Patient K.D. that he was going to give her a Be = ry , Ww, KS massage to help her back pain. Ré§pondent told Patient K.D. to lie down on the examining table on her stomach. A nurse interrupted Respondent by knocking on the examining room door and telling Respondent that he had been in the room long enough and other patients were waiting. 39. After leaving Respondent's office, Patient K.D. called her workers compensation carrier and asked to be referred to another doctor. The workers compensation carrier told Patient K. D. that she cold n not transfer without a referral from Respondent, 40. Ono or + about Tune 2, 1999, Patient K.D. presented to Respondent complaining of severe e back pain. "Patient KD. began crying during her visit with Respondent and Respondent told her she was not opening up to him. He then pulled her up p against him, kissed her, and pressed his erect penis against her. Patient K.D. did not respond to Respondent’s sexual advances and he asked her why she would not kiss him back. Someone then knocked on the examining room door and Patient K.D. left Respondent’s office. ~ | Al. During Respondent’s examination of Patient K.D. no other person was present in the examining room with Respondent and the patient. . 42. Respondent’s conduct, which included kissing Patient K.D. in his examining room during her appointments, and his verbal remarks to her during her appointments with him, constitutes sexual misconduct in the practice of medicine. Respondent inappropriately exercised sexual in nature and which were not performed for any legitimate medical purpose. “Fae 7 influence within a a patient-physician ‘relationship ‘for the purpose ‘of | engaging “Patient KD. in sexual activity i in ‘that ‘Respondent made statements and ‘performed inappropriate ac acts 5 whic h were aan ~ COUNT FIVE 43.° Petitioner realleges and incorporates paragraphs one (1) through fourteén (14), sixteen (16), nineteen (19), twenty-one (21) through twenty-eight (28), thirty (30), thirty-three (33), and thirty-five through forty-two (42), as if fully set forth herein this Count Five. 44. Respondent exercised influence within a patient-physi¢ian relationship for purposes of engaging a patient in n sexual activity, in that Respondent kissed Patient K.D., ‘made sexual advances toward her, and made sexually explicit remarks to her. . a 7 45. 7: Based on the foregoing, Respondent violated Section 458.331(1)G), 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 SIX 46. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14), sixteen (16), nineteen (19), twenty-one (21) through twenty-eight (28), thirty (30), thirty-three (33), thirty-five through forty-two (42), and forty-four (44), as if fully set forth herein this Count Six.: - 47. ” Respondent violated any provision of Chapter 458, ‘Florida Sates, a Tule of the board or + department, or a 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, i in that Respondent violated the express prohibition against sexual misconduct stated in Section 458.329, Florida Statutes, and Rule 64B8-9.008, Florida Administrative Code i in his actions with Patient K.D. ‘ Ne, ONG 48. 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 B.M (Case No. 1999-62975) . 49. On or about April 16; 1999, Patient B.M., a forty-seven (47) year “old female, presented t to ‘Respondent at the Suncoast Family Practice with a complaint of a bone spur in her foot and acid reflux. 50. Patient B.M. also discussed weight loss and management with Respondent. © Respondent prescribed Prilosec to treat Patient B.M.’s acid reflux and gave her exercises for the pain in her foot. Respondent also told Patient B.M. that she would be more attractive if she lost weight. . . | 51. | Onor about May 17, 1999, Patient B.M. presented to Respondent complaining of depression. Respondent wrote her a prescription for Prozac, an anti-depressant drug, and for Prilosec. 52 On or about June 22, 1999, Patient B. M. presented to Respondent ‘Respondent - wold Patient B M. that she looked sad today. Respondent told Patient B.M. tos Stn in ‘front of “him a and he massaged he her back and shoulders. - Respondent then told Patient B.M. to lie 0 on the cvetully after Respondent coaxed her. 53. While Patient B. Mi ‘was lying on n her stomach on the examining table, Respondent massaged her legs and thighs. He then moved her underpants aside and thrust his finger into , oe Ko Patient B.M.’s vagina. Patient B.M. attempted to move Respondent’s hand and he told her he a only needed “five more minutes.” _ 54. . Patient B.M. sat up on the examining table and Respondent kissed her and made obscene gestures with his tongue. He told Patient B.M. that there were other things he was going to do to her when she came for her next appointment. .55. Patient B.M. left Respondent’s office without scheduling another appointment. : 56. Respondent inappropriately exercised influence within “a patient-physician relationship for the purpose of engaging Patient B.M. in sexual activity in that Respondent made statements and performed inappropriate acts which were sexual in nature and which were not performed for any legitimate medical purpose. COUNT SEVEN 57. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14), sixteen (16), nineteen (19), twenty-one (21) through twenty-eight (28), thirty (30), thirty-three (33), thirty-five through forty-two (42), forty-four (44), forty-seven (47), and forty-nine (49) Through Aify-six (6), a as if fully set forth herein this Count Seven. 58, Respondent exercised . influence ‘within | a ‘patient- physician ‘lationship for purposes of engaging a patient in n sexual ¢ ‘activity, i in that t Respondent performed sexual acts on , Patient B: M.., kissed | er, @ and {inappropriately massaged and touched her.” oe siete ceaeenere ond 59, Based on the foregoing, Respondent violated Section 458. 331000) Florida Statutes, by, exercising influence within ; a patient physician relationship for p purposes ‘of « engaging a patient in sexual activity. A patient shal be presumed to be incapable of giving fee, fall, and informed consent to sexual activity ‘with his or her physician. - = COUNT EIGHT _ 60. Petitioner. realleges. and incorporates paragraphs one (1) through fourteen (14), sixteen (16), nineteen (19), twenty-one (21) through twenty-eight (28), thirty (30), thirty-three (33), thirty-five through forty- -two (42), forty-four (44), forty-seven (47), forty-nine (49) through fifty-six (56), and fifty-cight 6 8), 8 as if fully set forth herein this Count Eight. 61. Respondent violated any provision of Chapter 458, Florida Statutes, a a tule of the board or department, ora ‘lawful ot order of the board or department previously ¢ entered i ina . 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 64B8-9.008, Florida Administrative Code in his actions with Patient B.M. . 62. . 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 4 subpoena of the department. "________ FACTS PERTAINING 70 PATIENT. A.D. oe _ Tn oes . _ (Case No. 1999- 62976) : be - presented to Respondent ‘at the ‘Suncoast Family P Practice for a routine physical examination. Patient A. D’ s s husband \ was a patient of Respondent and recommended him to her. oo 64, ~ Respondent did not conduct a complete physical’ ‘examination on Patient AD. Respondent in indicated to Patient A.D. that any health problems she had were S not ‘physical but ee 2 ~:, were related to “depression. Respondent told Patient A.D. to trust him and he wrote her a *® presetiption for Paxil, a drug used in the treatment of depression. ~ | _ 65. Patient A.D. told Respondent that he had treated her husband and he responded by saying, “How did you ever get into that mess? Oh my God. Can I give you a hug?” Respondent proceeded to hug Patient A.D. several times and to rub her neck. Respondent told her to return for another appointment. . _ . . 66. On or about June 2, 1999, Patient A.D. retumed to Respondent’s office. Upon entering the examining room, Respondent t began te telling Patient A.D. how beautiful she looked. i | Respondent instructed Patient A.D. to sit on the examining table and he sat on an examining stool. He rolled the stool between Patient A.D.’s legs and told her she looked tense. He then asked her if his behavior bothered her and said, “If it does, I won’t do it, ] mean theyll put me in jail.” Respondent rubbed Patient A.D.’s thighs and asked her if she wanted to go to the Bahamas . for a couple of months “all expenses paid?” Patient A.D. attempted to discuss her health problems with Respondent, but he would not respond to her comments and he began massaging her back and neck. Respondent began kissing Patient A.D.’s neck and told her that he would “rub you down everywhere Guring the next visit. ” Before Patient AD. left the examining room, Respondent asked her when was the last tine “ou had an orgasm?” - : 67. Patient AD. s four @ year-old daughter was Present ‘in the examining | oom ‘throughout I Patient A. D, s appointment with Respondent. 68. Patient A.D. left Respondent s office without paying. She called her mother and . her husband, and told them about Respondent’s behavior during her appointment. 69. Respondent's conduct, which involved inappropriate massaging and touching, and sexually explicit statements ‘made during Patient A.D.’s treatment for depression constitutes . Oe sexual misconduct in the practice of medicine. Respondent inappropriately exercised influence within a patient-physician relationship for the purpose of engaging a patient in sexual activity, in that Respondent made statements and performed inappropriate acts which were sexual in nature and which were not performed for any legitimate medical purpose. ~ COUNT NINE NINE 70. Petitioner realleges and ‘incorporates paragraphs one (1) ihvough f fourteen (4), oe sixteen (16), nineteen 0 (19), twenty-one (21) through twenty-eight (28), thirty G0), ‘thirty- three (33), thirty-five through forty-two (42), forty-four (44), forty-seven (47), forty-nine (49) through fifty-six (56), fifty-eight (58), sixty-one (61), and sixty-three (63) through sixty-nine (69), as if fully set forth herein this Count Nine. 71. Respondent exercised influence within a patient-physician relationship for purposes of engaging a patient in sexual activity, in that Respondent inappropriately touched and massaged Patient A.D., made sexually explicit remarks to her, and kissed her. 72. 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 $0} her physician, oo ee. = _ 2B. Petitioner realleges and incorporates paragraphs one (1) trough fourteen (14), i sixteen- (16), nineteen (19), twenty-one (21) through reno (28), thirty (30), thirty- three (33), thirty-five through forty- two 42), forty-four (49, forty- seven (?, forty-nine a9) through gs vemerer a ed ay, - fifty-six (56), fifty-eight (58), sixty-one (61), sixty-three (63) through sixty-nine (69), and aa ge seventy-one (71), as if fully set forth herein this Count Ten. _74. 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 64B8-9.008, Florida Administrative Code in his actions with "Pain AD. : TS. 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 PATIENT T.K. ~~ (Case No. 1999-61310) 76. On or about March 22, 1999, Patient TK., a thirty-eight (38) eat old female, first / presented to Respondent at the Suncoast Family Practice, with complaints of feeling run down, irritable, and of vaginal problems with discharge. Respondent prescribed Paxil ‘and antibiotics - / for Patient TK. and scheduled her for a follow up up appointment in 1 ten a days. a . 71, “One or about March 26, 1999, Patient T. K. telephoned Respondents office and complained of pelvie pain. Respondent noted i in the “medical record that an appointment with "Patient TK. needed tobe scheduled. oo eke pore af RB. On or about April 12, 1999, Patient T.K. returned tos see Respondent for a follow up appointment 1 regarding her vaginal problems, ‘pelvic pain, and depression. | “Patient T.K. #i reported that she was feeling "like a new person”, but that her daughter was suffering from depression. Respondent advised her to bring her daughter in for an appointment. ° Respondent wrote,a prescription for Paxil for Patient T.K. and gave her samples of Paxil for her daughter. 79. During April of 1999, Patient T.K. returned to Respondent's office with her daughter who needed a physical examination for school. Patient T.K. was in the examination ‘room with Respondent. and h daughter during the physical, - After it was completed, Respondent sent Patient T. K Ss daughter out of the room. Respondent then preceded to massage Patient T.K.'s shoulders and back and touch her vaginal area. At the that time, someone knocked ‘ on the door to the examination room and Respondent told Patient T.K. that she could leave. 80. During June of 1999, Patient T.K. returned to Respondent's office with her son, who also needed a physical examination for school. Patient TK. was present in the examining room while Respondent performed the physical. After the examination was completed, . Respondent asked Patient TKis son to leave the room. Respondent then made sexually inappropriate remarks to Patient T.K. and grabbed her breast. . 81. Patient T.K. subsequently reported the incidents of sexual misconduct to one of the other * physicians at the Suncoast Family P Practice. Respondent's employment with Suncoast constitutes sexual misconduct in “the practice of ‘medicine, “Respondent iwprosately exercised influence within a patent physician relationship for the purpose of - engaging a patient § in . sexual anti in 1 that ‘Respondent made statements and performed ww Ok inappropriate acts which were sexual in nature and which were not performed for any legitimate oes medical purpose. . COUNT ELEVEN 83. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14), sixteen (6), n nineteen 2 (1 9), twenty-one res) through twenty-eight (28), thirty (30), thirty-three (3), thirty-five through forty- two (42), forty-four (44), forty-seven (47), forty-nine “s through : fifty-six (56), fifty- -eight (58), sixty-one (61), sixty-three (63) ‘through ‘sixty- nine (69), and “soventy-one (71), and seventy-six (76) through eighty- -two (82), as if fully set forth herein this Count Eleven. : ' 84. Respondent exercised influence within a patient- ~physician relationship for purposes of engaging a patient in sexual activity, in n that Respondent inappropriately touched and massaged Patient T.K. 85. Based onthe foregoing, Respondent violated Section 458.331(1)(@), 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. hm. sixteen (16), nineteen (19, twenty-one @ ‘tough twenty-cight 28), thirty G0), thinty- “three (33), thirty-five through forty-two (42), forty-four (44), forty-seven (47), forty-nine (49) through " fifty-six (56), fifty-eight (58), sixty-one (61), sixty-three (63) through sixty-nine (69), seventy- Pa ww ON one (71), seventy-six (76) throug sight 00 @), and eighty- -four (84), as if fully set forth y herein this Count Twelve. | 87. Respondent violated any Provision of Chapter 458, Florida Statutes, a mule of the board or department, or a lawful order of the board or department previously entered ina 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 i in Section 458. 329, ‘Florida Statutes, and Rule 64B8-9, 008, Florida Administrative Code i in his. actions with Patient T. K . 88. 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 Respondent’s 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 he. 24 4), ~ related to ‘the investigation a and | prosecution o of this ‘case as provided ‘for in Section 455, : Florida Statutes, and/or any other relief that the Board deems appropriate. es SIGNED this Bey of of , 2000. FI LE D Robert G. Brooks, M.D., Secretary “_DEPARTWENT OF HEALTH oo - DEPUTY Ce hen a, . Resp o ' _ “pea Chief Medical Attorney | Oo or wy 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 PCP: June 13, 2000 : PCP Members: Ashkar, Winchesater, Pardue 21 ne Senn elton i mLeRenena emma teres: 2 . “STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION FOR HEALTH CARE wae JEB BUSH, GOVERNOR Aol Gs Hes JR., DIRECTOR RIN GS June 13, 2000 Frank K. Krumm, M.D. . _ 7101 Jessie Harbor Drive oe ; oe Osprey, Florida 34229 ‘ Re: Case No. 1999-61302, 1999. 61306, 1999-61310, 1999- 62142, 1999-62975, 1999-62976 . Dear Dr. Krumm: Enclosed please find an Administrative Complaint which has been filed against you by the Department of Health. Also enclosed is an election of rights form and an Explanation of rights form. Please execute and return the Election of Rights form within 21 days from receipt of this letter. Your signature must be notarized. Failure to act within this 21-day period may result in the entry of a Default Judgement against your license or permit. As a result of the finding of probable cause, this file became a “public record” under state law. A few lawyers in private practice regularly request copies of administrative complaints filed after a case becomes a “public record.” It is possible that you will receive a letter depicted as an “advertisement” from one or more of these lawyers ‘seeking to represent you. These persons have no association with the Department or the Agency for Health Care Administration - in any way. You may retain your. own attorney or proceed with this matter in the way you desire... 2727 MAHAN DRIVE TALLAHASSEE, FL 32308 ~ PERSONAL AND CONFIDENTIAL ~ If you have any questions, pléase do not hesitate t. to contact me at (850) 414. 8126, by fax = at (850)414-1989, by TDD at 1- 800-955-8771, or by mail at Office of the General Counsel, Medical Section, P. O. Box 14229, Tallahassee, FL 32317-4229, : Sincerely, ¢-Kathryn L. Kasprzak Chief Medical Attorney _ Agency for Health Care Administration Enclosure : : . wo ve soect asinine aie tae cc: Louis J. ‘LaCava, Esquire . 101 East Kennedy Blvd., Suite 2500 Tampa, Florida 33602 STATE OF FLORIDA DEPARTMENT OF HEALTH EXPLANATION OF RIGHTS In response to the allegations set forth in the Administrative Complaint issued by the Department of Health, hereinafter referred to as the Department, by and through the Department's contract counsel, the Agency for Health Care Administration, you should make one of the following elections within twenty-one (21) days from the date of receipt of the Administrative Complaint. Please make your election on the attached Election of Rights form and return it fully executed to the address listed on the form. 1. If you do not dispute any material fact alleged in the Administrative Complaint, you may request a proceeding pursuant to Section 120.57(2), Florida Statutes, before the Board of Medicine. At this proceeding, you will be given an opportunity to present both written and oral evidence in mitigation. This request should be directed to the Department by checking the appropriate space, marked as 1, on the Election of Rights form within twenty-one (21) days from the date of receipt of the Administrative Complaint. 2. lt you do not dispute any material fact alleged.in the Administrative Complaint and you do not desire to participate in the disposition of the case, you may elect choice 2 on the Election of Rights form. 3. If you dispute any material fact alleged in the Administrative Complaint, you may request a formal hearing and the appointment of an Administrative Law Judge to be furnished by the Division of Administrative Hearings of the Department of Management Services pursuant to Section 120.569(2){a), Florida Statutes, by checking the appropriate space, marked as 3, on the Election of Rights form. If you elect a formal hearing, you must keep the Department informed as to your current mailing address. Failure to do so may be considered a waiver of your right to a formal hearing. 4. Regardless of whether you dispute any material fact alleged in the Administrative Complaint, you may request the opportunity to enter into a settlement agreement of this case, pursuant to Section 120.57(4), Florida Statutes. If an agreement is agreed to by you and the Department, the matter will be presented to the Board of Medicine for approval. Please be advised that a settlement agreement is considered a disciplinary act and is reported as such. In the event that you fail to make an election in this matter within twenty-one (21) days from receipt of the Administrative Complaint, your failure to do so may be considered a waiver, pursuant to Rule 28-106.111(4), Florida Administrative Code, and the Board may proceed to hear your case. hana epee trea -~ i PTL E De : | STATE OF FLORIDA 00 JUL -7 PHI: 24 | on ] ~AHCA K" ADMIT oe yO HEAR} HGS ~ AGENCY FOR HEALTH CARE ADMINISTRATION FOR HEALTH CARE ADMINISTRATION JEB BUSH, GOVERNOR RUBEN J. KING-SHAW, JR, DIRECTOR June 13, 2000 PERSONAL AND CONFIDENTIAL Tiny Kelling 7 nee ene 3612 75" Drive East > - Sarasota, Florida 34237 _ : : RE: Frank K. Krumm, M_D. Case No. 1999-61310 Dear Ms. Kelling: . The complaint filed against Dr. Krumm i in the case referenced above has been submitted to the Probable Cause Panel of the Board of Medicine for its teview, together with the investigative report and the recommendation which the Department of Health prepared in this case. The Panel " determined that probable cause does exist to believe a violation of Chapter 458, Florida Statutes, has occurred and authorized the Departmentto file an Administrative Complaint against Dr. Krumm. In the event you z are ‘needed asa witness i in this case, you will be contacted as soon as ». possible. Thank you for bringing this matter to our attention. Should you have any questions, ~ please feel free to contact me at (850) 414-8126, by fax at (850)414-1989, by TDD at 1-800-955- - 8771, or by mail at Office of the General Counsel, Medical Section, P. O. Box 14229, , Tallahassee, FL 32317-4229, . i Sincerely, Kathryn. Kasprzak Chief Medical Attorney ; Agency for Health Care Administration’ “+> I eee en ne we f "2727 MAHAN DRIVE ow \w .4 STATE OF FLORIDA \ QP i i - bk | - AGENCY FOR HEALTH CARE ADMINISTRATION i ASW pA JEBBUSH, GOVERNOR ; : we § nei. oiRecroR June 13,2000 PERSONAL AND CONFIDENTIAL Kimberly Atwood Degraw . 2771 Jay Place Sarasota, Florida 34235 RE: Frank K. Krumm, M.D. ag Case No. 1999-61302 : . Dear Ms. Degraw: The complaint filed against Dr. Krumm in the case referenced above has been submitted to the Probable Cause Panel of the Board of Medicine for its review, together with the investigative report and the recommendation which the Department of Health prepared in this case. The Panel determined that probable cause does exist to believe a violation of Chapter 458, Florida Statutes, has occurred and authorized the Department to file an Administrative Complaint against Dr. Krumm, _ In the event you are needed as a witness in this case, you will be contacted as soon as possible. Thank you for bringing this matter to our attention. Should you have any questions, please feel free to contact me at (850) 414-8126, by fax at (850)414-1989, by TDD at 1-800-955- 8771, or by mail at Office of the General Counsel, Medical Section, P. O. Box 14229, - Tallahassee, FL 32317-4229. . . 2727 MAHAN DRIVE on en ee a AGENCY FOR HEALTH CARE ADMINISTRATION 4 ony Hise JEB BUSH, GOVERNOR RUBI ay AS June 13, 2000 _ PERSONAL AND CONFIDENTIAL Donna Hufnus | 66" Avenue West Bradenton, Florida 34207 RE: Frank K. Krumm, MD. woe eel ee Case No. 1999-62142 cocoate ve name Dear Ms. Hufhus: The complaint filed against Dr. Krumm in the case referenced above has been submitted to the Probable Cause Panel of the Board of Medicine for its review, together with the investigative report and the recommendation which the Department of Health prepared in this case. The Panel determined that probable cause does exist to believe a violation of Chapter 45 8, Florida Statutes, has occurred and authorized the Department to file an Administrative Complaint against Dr. Krumm. In the event you are needed as a witness in this case, you will be contacted as soon as possible. Thank you for bringing this matter to our attention. Should you have any questions, please feel free to contact me at (850) 414-8126, by fax at (850)414-1989, by TDD at 1-800-955- 8771, or by mail at Office of the General Counsel, Medical Section, P. O. Box 14229, Tallahassee, FL 32317-4229. es ed L. Kasprzak Chief Medical Attormmey” ~~ ~ Agency for Health Care Administration = 2727 MAHAN DRIVE ~ ee | JEB BUSH, GOVERNOR Kimberly Deleo oo cance 405 N. Bruggs Avenue a. - Apartment 105 ; Sarasota, Florida 34237 RE: Frank K. Krumm, MLD. -- Case No. 1999-61306 Dear Ms. Deleo: The complaint filed against Dr. Krumm in the case referenced above has been submitted to the Probable Cause Panel of the Board of Medicine for its review, together with the investigative _ Teport and the recommendation which the Department of Health prepared in this case. The Panel determined that probable cause does exist to believe a violation of Chapter 458, Florida Statutes, has occurred and authorized the Departmentto file an Administrative Complaint against Dr. Krumm. In the event you are needed as a witness in this case, you will be contacted as soon as possible. Thank you for bringing this matter to our attention. Should you have any questions, please feel free to contact me at (850) 414-8126, by fax at (850) 414-1989, by TDD at 1-800-955- 8771, or by mail. at Office of the General Counsel, Medical Section, P. O. Box 14229, Tallahassee, FL 32317-4229. : 7 ; Sincerely, Cult ae Ey : . ~~ (4 Kathryn L. Kasprzak ~~ (nero nn Chief Medical Attomey © ————— = KLK/kmk °2727 MAHAN DRIVE rad Agency for Health Care Administration | oe - AGENCY FOR HEALTH CARE ADMINISTRATION 4 hy Si Woe "ea JEB BUSH, GOVERNOR : , ruolepa tion jappIREcTOR OR Sune 13, 2000 PERSONAL AND CONFIDENTIAL Bonnie Munoz 1281 N. Riverside Drive Sarasota, Florida 34234 RE: Frank K. Krumm, M.D. Case No. 1999-62975 Dear Ms. Munoz: The complaint filed against Dr. Krumm in the case referenced above has been submitted to the Probable Cause Panel of the Board of Medicine for its review, together with the investigative report and the recommendation which the Department of Health prepared in this case. The Panel determined that probable cause does exist to believe a violation of Chapter 458, Florida Statutes, has occurred and authorized the Department to file an Administrative Complaint against Dr. Krumm. _ In the event you are needed as a witness in this case, you will be contacted as soon as possible. Thank you for bringing this matter to our attention. Should you have any questions, please feel free to contact me at (850) 414-8126, by fax at (850) 414-1989, by TDD at 1-800-955- 8771, or by mail at Office of the General Counsel, Medical Section, P. O. Box 14229, Tallahassee, FL 32317-4229. Sincerely, a Cut | | ; athryn L. Kasprzak Chief Medical Attorney _ : ia ~ Agency for Health Care Administration “~~~ 2727 MAHAN DRIVE TALLAHASSEE, FL 32308 cad a i eee a unenners An JEB BUSH, GOVERNOR June 13, 2000 PERSONAL AND CONFIDENTIAL Angela Dipersio 5408 Avila Avenue : - Sarasota, Florida 34235 RE: Frank K. Krumm, M.D. Case No. 1999-62976 Dear Ms. Dipersio: The complaint filed against Dr. Krumm in the case referenced above has been submitted to’ the Probable Cause Panel of the Board of Medicine for its review, together with the investigative report and the recommendation which the Department of Health prepared in this case. The Panel determined that probable cause does exist to believe a violation of Chapter 458, Florida Statutes, has occurred and authorized the Department to file an Administrative Complaint against Dr. Krumm. In the event you are needed as a witness in this case, you will be contacted as soon as "possible. Thank ‘you for bringing this matter to our attention. Should you have any questions, please feel free to contact me at (850) 414-8126, by fax at (850) 414-1989, by TDD at 1-800-955- 8771, or by mail at Office of the General Counsel, Medical Section, P. O. Box 14229, Tallahassee, FL 32317-4229. _ - Sincerely, {Kathryn L. Kasprzak . * ChiefMedical Attomey == ~ Agency for Health Care Administration —-~ i is KLK/kmk 2727 MAHAN DRIVE TALLAHASSEE, FL 32308 ~ bag ae ep neg peng PATIENT INDEX CASE NO. 1999-61302,1999-61306, 1999-61310,1999-62142,1999-62975 1999-62976 FRANK K. KRUMM, M.D. Patient K.A. Kimberly Atwood Degraw #3 Please refer to all patients by initials. Patient names and records are confidential. Patient K.D. ~~Patient B°M. — ~ Patient A.D. “+ Patient DK. Donna Hufnus im erly A. Deleo Bonnie Munoz ~~ Angela Dipérsio Tiny Kelling 22 Setietetnd aie ai-atet dara ee Or me rer rem REET Re

Docket for Case No: 00-002782PL