U U 7 — STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) HEARN TYE PETITIONER, ve CASE NO. 98-13170 _ ~~ CLARENCE DAVID DOMPIERRE, T.T.., 5 OO-2 769 PL 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 Clarence David Dompierre, T.T., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of respiratory care pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes, and Chapter 468, Florida Statutes, Pursuant to the provisions 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 s. services required by the Division of Medical Quality Assurance, councils, 0 or boards, as appropriate. - Z 2. Respondent is and has been at all times material hereto a licensed respiratory care technician in the state of Florida, having been issued license number TT 0002638. Respondent’s last known address is 655 SW Lucero Drive, Port.St. Lucie, Florida 34983. : her breasts for ape oi . ad 3. On or about May 1, 1998, Patient A.K., a fifteen (15) year old female, presented to Jupiter Medical Center’s emetgéncy room (JMCER) complaining of shortness of breath. The JMCER physician treated the minor for asthma and released her at approximately 3:30 p.m. 4. On or about May 2, 1998, at approximately 9:15 am., Patient A.K. presented again to JMCER, with complaints of worsening wheezing. She was admitted as an inpatient at approximately 1:45 p.m. . 5. . Onor about May 2, 1998, at approximately 11:30 p.m., Respondent administered ) nebulizer therapy to Patient A. K. A nebulizer is a device that converts the prescription medication into a fine mist to be inhaled by the patient. 6. On or about May 3, 1998, at approximately 2:30 a.m., Respondent entered Patient A.K.’s room to perform a second nebulizer treatment on Patient AK, and listened to Patient A.K.’s heart using a stethoscope. While listening to the minor’s heart, Respondent fondled Patient A.K.’s breasts. . 7. On or about May 3, 1998, at or about 6:15 a.m., Respondent returned to Patient A.K.’s room to administer a third nebulizer treatment. After administering the treatment, Respondent massaged Patient A.K., moving his hands from her back to her chest and fondling ‘of out ten n( 10) to twelve °( 12) minutes. Respondent then gave her: some / candy before exiting the room. 8 On or x about May 3, 1998, “at approximately 12 29 p. m., Patient AK. complained to the Jupiter Police Department (hereinafter “IPD") that t Respondent massaged her back and fondled] her breasts during her treatment. 10. On or about May 5, 1998, Respondent’s employment at Jupiter Medical Center was terminated. Florida Statutes (1997). ws WwW 11. On or about May 5, 1998, following several unsuccessful attempts by the JPD to make contact, Respondent telephoned the JPD investigator assigned to his case and agreed to be interviewed. Respondent then admitted to having inappropriately massaged Patient A.K near or around her breasts during her third nebulizer treatment. 12. Respondent further admitted that massaging a patient is not part of his professional duties or responsibilities as a respiratory therapy technician. | 13. On or about May 5, 1998, Respondent was formally charged with performing lewd, lascivious acts upon a minor, a second degree felony, in violation of Section 800.04, 14. — On or about August 8, 1998, Respondent pled guilty to one count of simple battery on Patient A.K., a first degree misdemeanor, in violation of Section 784.03, Florida Statutes. 15. On or about September 22, 1998, Respondent was sentenced to one (1) year of community control, required to undergo a psycho-sexual evaluation within thirty (30) days and ‘to begin and successfully complete all recommended treatment. Respondent was also ordered to - make no contact, direct or indirect, with Patient A.K. or her mother, C.K, and to pay court costs. : 16. Petitioner realleges and incorporates paragraphs one aa) through fifteen (15), as if BO ae ee Fete 17. Respondent plead guilty and was convicted of a crime directly related to respiratory care services or to the ability to deliver such services, in that Respondent plead guilty to and was convicted of simple battery on a minor patient on or about September 22, 1998. w) Naa 18. Based on the foregoing, Respondent violated Section 468.365(1)(c), Florida Statutes, by being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to respiratory care services or to the ability to deliver such services. . COUNT TWO 19, Petitioner realleges and incorporates paragraphs one (1) through fifteen (15) and paragraph seventeen (17) as if fully set forth herein this Count Two. 20. Respondent engaged in unprofessional conduct, in that Respondent inappropriately massaged and fondled the breasts of the minor Patient A.K: while administering nebulizer treatments. | : 21. Based on the foregoing, Respondent violated Section 468.365(1)(f), Florida Statutes, by engaging in unprofessional conduct, which includes, but is not limited to, any departure from, or failure to conform to, acceptable ‘Standards related to the delivery of respiratory care services, as set forth by the board and the Advisory Council on Respiratory Care in rules adopted pursuant to Chapter 468, Florida Statutes. . COUNT THREE 2 22. Peti ioner ‘ealleges and incorporates paragraphs one e (1) through fifteen (15), seventeen 117) a and d twenty (20) as if lly set forth herein this Count Three purposes of engaging the patient in sexual activity, in that Respondent inappropriately massaged and fondled the breasts of a minor patient, A.K., while administering respiratory care.

Docket for Case No: 00-002785PL