STATE OF FLORIDA DEPARTMENT OF HEALTH 0} DEPARTMENT OF HEALTH, Petitioner, Vs. CASE NO. 97-06376 O\- 032? p a PETER ANTHONY KENT, D.C. Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Chiropractic Medicine against the Respondent, PETER ANTHONY KENT, 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 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 purstiant to Chapter 460, Florida Statutes, having been issued license number CH 0004103, At the present time the Subject's license is delinquent. 4. Respondent's last known address is 2700 South Tamiami Trail, Suite 17, Sarasota, Florida 34239. 5. On January 6, 1997, an individual known as SS for the purposes of this action, presented to the Respondent's office, at the address shown above, relative to shoulder pain he was experiencing. A course of treatment was commenced by the Respondent that continued for an additional four office sessions: on January 7, 1997; January 8, 1997; January 9; 1997; and January 10, 1997, for a total of five office visits. 6. During the course of the treatments referred to above, SS indicated that he had a chronic urinary tract infection. The Respondent stated he could treat the problem for an additional fee. At this time the Respondent took a sample of blood from SS's finger and placed it on a piece of paper, indicating he would send the sample off to his lab for testing, and to determine a course of treatment. 7. On January 28, 1997 SS went to the Respondent's office for a consultation regarding the blood test results. At this time the Respondent diagnosed the patient with "geopathic stress", and prescribed two homeopathic remedies for SS, herbal solutions, and suppositories, one of the two boxes of the latter containing penicillin. A copy of the remedies provided are attached hereto and incorporated herein by reference, and marked exhibit "A". 8. In addition, the Respondent went to the patient's home on January 28, 1997. He went into the bedroom with a coat hanger and advised SS that there was "geopathic stress" in the room. The Respondent advised SS to move his bed to the center of the room to avoid the "geopathic stress", and placed two short pieces of capped PVC pipe under the bed to "neutralize" certain types of the geopathic stress. 9. On January 29, 1997 the Respondent went to the patient's home for a "geopathic recheck", and also to collect fees allegedly due and owing for the services provided. 10. On June 23, 1997 Petitioner's Investigator requested the medical records and charts for SS from the Respondent. A review of the documents provided clearly show that they were prepared subsequent to the subpoena and notice of the commencement of this action, the Respondent having failed to keep treatment records for the patient at the . time they were administered. 11. The Respondent's failure to keep legibly written records that justify the course of treatment for the patient, including histories, examination results, test results and diagnosis of disease, condition or injury is contrary to Section 460.413( 1)(m), Florida Statutes. 12. The methods employed by the Respondent in the treatment afforded to the patient, more particularly by providing remedies consisting of herbs, water, and alcohol; by diagnosing *geopathic stress", and employing a coat hanger and PCV pipes ‘in the practice of Chiropractic; and by conducting blood testing using notebook paper as a testing medium is contrary to Section 460.413(1)(r), Florida Statutes, as it constitutes the failure to practice chiropractic at a level of care, skill and treatment recognized by a reasonably prudent chiropractic physician as being acceptable under similar circumstances and conditions. 13. In addition, the representations made by the Respondent to his patient, SS, conceming thé efficacy of these treatments, were deceptive, untrue and fraudulent, contrary to Section 460.413(1)(k), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Chiropractic 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 thig) fay of loxank , 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. Fl LE D Senior Attorney Allied Health P.O. Box 14229 Tallahassee, Florida 32317-4229 (850) 487-2225 Nol GORY DEPARTMENT OF HEALTH Florida Bar No. 0171063 Desche CLERK orida Bar No. . Agency for Health Care Administration CLERK 9. Dim General Counsel's Office - MQA DATE. é ial (Q-D t

Docket for Case No: 01-000327PL