STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Petitioner, vs. Case No. 1996-12376 JOHN O°NEILL, aka JOHN O’NEIL, . 0) I. 33 I9 ' Respondent. / ADMINISTRATIVE COMPLAINT Department of Health, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Acupuncture against JOHN O’NEILL, a.k.a. JOHN O’NEIL, hereinafter referred to as “Respondent,” and alleges: 1. Petitioner is the state agency charged with regulating the practice of moe acupuncture pursuant to Section 20.43, Chapter 456 (formally known as Chapter 455 Part Jb see Chapter 2000-160, Laws of Florida), and Chapter 457, Florida Statutes. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, Petitioner has contracted with the nt | Agency for Health Care Administration to provide consumer compl 2. Respondent is, and has been at all time material hereto, a licensed acupuncturist in the State of Florida, having been issued license number AP 00269. Respondent’s last known address is 2454 McMullen Booth Road, Clearwater, Florida 33759. stigative and prosecutorial services required by the Division of Medical Quality Assurance, councils, see ot BURRESS ore 3. From in or about December 1995 to in or ‘or about May 1996 Respondent employed physician HB. 4. Respondent entered into an oral contract with physician H.B. to split H.B.’s fees with Respondent. Physician H.B. was to receive eighty (80) percent of patient fees. Respondent was to receive twenty (20) percent. However, physician H.B. actually received forty (40) percent of patient fees and Respondent received sixty (60) percent. 5. Respondent billed insurance companies for services and laboratory tests that were not provided to patients under the name and provider number of physician H.B. during H.B.’s period of employment. 6. On or about May 3, 1996 physician H.B. terminated his employment with Respondent. 7. Respondent continued to bill insurance companies for services and laboratory tests performed after May 3, 1996 that were not provided to patients under the name and Provider number of physician H.B., after H.B. left the Respondent’s clinic on or about Y May 3, 1996. 8. From i in or ab companies for modalities that he di didn't perform, for more ually charged to patients. 9. Respondent also instructed employee B.W. to bill medicare and insurance companies for services and laboratory tests that were not provided to patients by Respondent under the name and provider number of physician L.C. ee — cer ee ee sr REE ENE teense 10. Respondent instructed employee B.W. to continue to Dill medicare and insurance companies for services and laboratory tests that were not provided to patients under the name and provider number of physician H.B., after she was no longer employed by the Respondent’s clinics. 11. From in or about May 1995 to in or about November 1995 Respondent employed J.F. as his office manager. During her period of employment Respondent instructed J F. to bill Medicare under physician H.B.’s provider number for services and laboratory tests not rendered by physician H.B. even after H.B. was no longer employed by Respondent. 12. Respondent also instructed employee J.F. to fabricate dates of patient service to cover patient deductibles. 13. During her period of employment, Employee J.F. advised Respondent that she suffered from migraine headaches and back pain. Respondent’ s treatment of employee LF. included a chiropractic spinal adjustment and the injection of an unknown substance i into her lower s spine. an C.E. : employed chiropré tic p ays 15. Respondent entered into an oral contract with chiropractic C.E. to split C.E.’s fees with Respondent. Chiropractic physician C.E. was to receive sixty (60) percent of patient fees. Respondent was to receive forty (40) percent. 16. From in or about December 1994 to in or about May 1996 Respondent performed chiropractic manipulations on patients. Respondent is not a licensed chiropractic physician. ab ut ‘November 1995 Respondent - oer 17, From in or about December 1994 to in or about May 1996 Respondent treatment of patients included injections of unknown substances, Respondent is not a licensed medical doctor. 18. From in or about December 1994 to in or about May 1996 Respondent failed to properly dispose of biohazardous waste. Specifically, Respondent disposed of acupuncture needles in regular trash receptacles rather than utilizing a biohazardous waste disposal container. 19. From on or about December 29, 1989 Respondent was issued license number AP00269. Said license contained an incorrect spelling of Respondent’s name, to wit: O’Neil”. Respondent has failed to notify the Board of the error. 20, From in or about April 1995 to in or about May 1996 Respondent provided clinical instruction to acupuncture: interns. Said instruction included chiropractic techniques such as performing spinal adjustments. 21. From in or about December 1994 to in or about December 1995 Respondent employed P. P as a a massage therapist. P. P is a licensed massage therapist. Respondent ~ entered into an oral contract with P-P. to split fees with Respondent. P.P. was to receive. sixty (60) percent of patient fees. Respondent was to receive forty (40) percent. 22. From in or about April 1995 to in or about May 1996 Respondent treated patient’s M.T., W.K., and C.S. 23. Respondent is unable to locate and produce patient records for patient’s M.T., W.K. and C.S. ~ COUNTI 24. Petitioner realleges and incorporates by reference the foregoing allegations as if fully set forth herein. 25. Based on the foregoing, Respondent’s license to practice acupuncture in the State of Florida is subject to discipline pursuant to Section 457.109(1)(q), Florida Statutes, by practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform. COUNT 26. Petitioner realleges and incorporates by reference the foregoing allegations in paragraphs one (1) through twenty- “three (23) as if fully set forth herein. 27. Based on the foregoing, Respondent’ s license to practice acupuncture in the State of Florida is subject to discipline pursuant to Section 457. 10918), Florida ‘Statutes, by violating any provision o of this chapter, ora rule of the department, to wit: @) Rule 64B1-8.004 by -failing to properly dispose of biohazardous waste; and (b) Rule 64B1-10.001(1) and (2) by failing to maintain written medical records justifying the course of treatment of each patient and maintaining such records for a period of five (5) years from the date of last entry to the record. | COUNT HI 28. Petitioner realleges and incorporates by reference the foregoing allegations in paragraphs one (1) through twenty-three (23) as if fully set forth herein. 29. Based on the foregoing, Respondent’s license to practice acupuncture in the State of Florida is subject to discipline pursuant to.Section 457.109(1)(a), Florida ronan nana ae SS ee ey et Statutes, by attempting to obtain, obtaining, or renewing a license to practice acupuncture by fraudulent misrepresentations or through an error of the department. “COUNT IV 30. Petitioner realleges and incorporates by reference the foregoing allegations in paragraphs one (1) through twenty-three (23) as if fully set forth herein. 31. Based on the foregoing, Respondent’s license to practice acupuncture in the State of Florida is subject to discipline pursuant to Section 45 7.109(1)(mn), Florida Statutes, by failing to keep written medical records justifying the course of treatment of the patient. - COUNTY Vv 32. Petitioner realleges « and i incorporates by reference the foregoing allegations in paragraphs one > ( 1) through twenty-three (23) as if fully set forth herein. 33. - Based on the foregoing Respondent’ s license to practic acupuncture in the State of Flori a is “subject to discipline pursuant to Section 457 109(1)(u), Florida : Statutes, by fraud or deceit or gross negligence, incompetence or misconduct i in the operation of a course sof study, COUNT VI 34. Petitioner realleges and incorporates by reference the foregoing allegations in paragraphs one (1) through twenty-three (23) as if fully set forth herein. 35. Based on the foregoing, Respondent’s license to practice acupuncture in the State of Florida is subject to discipline pursuant to Section 457.109(1)(w), Florida Statutes, by failing to comply with any rule of the board relating to health and safety, including, but not limited to, the sterilization of needles and equipment and the disposal of potentially infectious materials. COUNT Vi 36. Petitioner realleges and incorporates by reference the foregoing allegations in paragraphs one (1) through twenty-three (23) as if fully set forth herein. 37. Based on the foregoing, Respondent’s license to practice acupuncture in the State of Florida is subject to discipline pursuant to Section 456.054, Florida Statutes, by offering, paying, soliciting, or receiving a kickback, directly or indirectly, overtly or covertly, i in cash or in kind, for referring or soliciting patients. WHEREFORE, Petitioner respectfully requests the Board of Acupuncture 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 and assessment of costs related to investigation and Prosecution of : this. case © (including, but not limited to costs associated with attorney time), issuance of a reprimand, placement of the Respondent on 1 probation, and/or any other relief that the Board deems appropriate. SIGNED this { $1 day ot De tienen , 2000. Robert G. Brooks, M.D. Secretary, Department of Health FILED DEPARTMENT OF HEALTH DEPUTY CLERK . CLERK em Lad ‘Y Ay BY: Nancy M. Snurkowski, Chief Attorney Agency for Health Care Administration Office of General Counsel-MQA Practitioner Regulation-Legal COUNSEL FOR PETITIONER: Michael P. Sasso"yn pf Senior Attorney Fla. Bar No: 167363 Agency for Health Care Administration General Counsel-MQA Practitioner Regulation-Legal P.O. Box 14229 Tallahassee, Florida 32317-4229 Telephone: (850) 487-9670 Case No. AP 1996-12376 (O’Neill) pe: VE / AK PCP Date: Mista Fa ome reer

Docket for Case No: 01-003319PL