P STATE OF FLORIDA and a , ~£ DEPARTMENT OF HEALTH Digi. ty Mf Sy¢ DEPARTMENT OF HEALTH . Tighe 2 a 4D GS PETITIONER, e vs. CASE NUMBER: 96-11053 eee DAVID KIRKLAND, D.C. . CO- 38 | RESPONDENT. / ADMINISTRATIVE COMPLAINT. COMES NOW, the Petitioner, Department of Health, hereinafter referred to as "Petitioner", and files this Administrative Complaint before the Board of Chiropractic against DAVID KIRKLAND, D.C., hereinafter referred to as "Respondent", and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with the regulating the practice of chiropractic pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 460, Florida Statutes. Pursuant to the authority of Section 20.43(3)(), Florida Statutes, the Petitioner has contracted with the Agency of 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 chiropractic physician in the State of Florida, having been issued license number CH 0003593. Respondent's last known address is 1315 Lane Avenue South, Suite 3, Jacksonville, Florida 32205. 3. On or about July 26, 1996, John T. Wallace was involved in an automobile accident. Bitiste UW. vi 4. On or about July 30, 1996, the Respondent sent John T. Wallace a solicitation letter and a brochure on whiplash. . 5. The information sent by the Respondent was not marked as an advertisement. 6. Based on the foregoing, the Respondent’s license to practice chiropractic in the State of Florida is subject to discipline pursuant to Section 460.413 (1)(v), Florida Statutes, for violating Rule 59N-15.002(2)(b), Florida Administrative Code, for written communications, that are not clearly marked as advertisements, to prospective patients for the purpose of obtaining chiropractic services 7 U Fi a Nw) WHEREFORE, Petitioner respectfully requests the Board of Chiropractic to enter an order imposing one or more of the following penalties: 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, and/or any other relief that the Board deems appropriate. SIGNED this|4],day of FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK fe tw. Guet DATE BI {98 COUNSEL FOR PETITIONER: egory W. Files ff Attorney Agency for Health Care Administration Post Office Box 14229 Tallahassee, Florida 32317-4229 (904) 487-2225 GWFiceb PCP: January 22, 1998 DATE: D.T.H. and R.H. oQ > © Ors ow xs my 7° 1998. a Bae: ouglas M. Cook ap. = Director Ome << 7 mr ey BY: ancy M. Snurkdwski Chief Attorney Agency for Health Care Administration gas

Docket for Case No: 00-003781PL