Y , Y STATE OF FLORIDA ay DEPARTMENT OF HEALTH [21).0 23 5. . “ CEP ayy DEPARTMENT OF HEALTH, 2. Petitioner, o of Mo 2) a Vs. CASE NO. 96-09932 BN EBLE “Ne JOSEPH CICCARELLO, D.C. EI F CZ ES Respondent. faa / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Chiropractic Medicine against the Respondent, JOSEPH CICCARELLO, D.C., and in support thereof would state: 1. Petitioner is the state agency charged with regulating the practice of chiropractic medicine pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 460, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as the "Agency," to provide consumer complaint, investigative, and prosecutorial services WY . Nw required by the Division of Medical Quality Assurance, councils or board, as appropriate, including the issuance of emergency orders: of suspension or restriction. 3. Respondent has been, at all times pertinent hereto, a duly licensed chiropractic physician pursuant to Chapter 460, Florida Statutes, having been issued license number CH 0002023. 4. Respondent's last known address is 1011 Highway 301, Tampa, Florida 33619. 5. The Respondent was the treating Chiropractic physician for an individual known as "KC" for the purposes of this action, for the period of time from May 6, 1993 through August 3, 1994. 6. On or about May 24, 1995 KC’s subsequent treating Chiropractor requested copies of this patient records, medical charts, and files from the Respondent. The request was made in writing, accompanied by a signed medical authorization / release of records form, and faxed to the Respondent's office. 7. On September 22, 1995 KC's Attorney requested a copy of this patient's medical records from the Respondent, in writing. , er, . YW 8. On or about February 12, 1996, and again on February 16, 1996, KC's Attorney again requested to be provided with copies of his client's medical records from the Respondent, via telephone. 9. On or about February 21, 1996 Counsel for KC once again requested copies of the medical records in question from the Respondent. This request was in-writing. 10. The Respondent was advised of the investigation, which resulted in the filing of this Complaint, by the Petitioner, on September 4, 1996, via US Mail. 11. In spite of the foregoing, the Respondent failed and refused to release the records in question to the patient's subsequent treating Chiropractic physician, the patient's Counsel, or the Petitioner until November 14, 1996, when the documents in question were surrendered to the Petitioner's investigative Office in Tampa, some one and one-half years after they were originally requested. 12. Section 455.667(4), Florida Statutes, and Rule 64B2-17.009(1), Florida Administrative Code, requires a health care practitioner to furnish to a patient, or the patient's duly authorized representatives, in a timely manner and without delays for legal review, copies of all records and reports relating to the examination and treatment of a patient, including X-rays and insurance information. 13. Respondent's conduct, by his failure to surrender the medical Cs, harts 0 ES and documents requested, is contrary to Section 455.667(4), Florida stats, purr, d the provisions of Section 460.413(1)(), Florida Statutes. HM isis a os a 4p) Pg: WHEREFORE, Petitioner respectfully requests the Board of Chir Y/ Medicine enter an Order imposing one or more of the penalties proscribed by law, . together with any other and further relief deemed just under the circumstances. SIGNED thj ay of , 1999. Robert G. Brooks, M.D. Secretary, Department of Health By: Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: Lawrence F. Kranert, Jr. F | LED Senior Attorney DEPARTMENT OF HEALTH Florida Bar No, 0171063 EPUTY CLERK Agency for Health Care Administration CLERK Q en General Counsel’s Office - MQA DATE i QL - ° Allied Health a P.O. Box 14229 Tallahassee, Florida 32317-4229 (850) 487-2225 Fi LED DEPARTMENT OF HEALTH LFK/Ik pcp: of | BIA | cusnKgftiahone O 2: Ru S Go OTE

Docket for Case No: 00-003783PL