STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, . Petitioner, . vs. CASE NO. 1998-22153 PIERRE A. GAULIN, Respondent. ADMINISTRATIVE COMPLAINT Department of Health, hereinafter referred to as "Petitioner", files this Administrative Complaint before the Board of Acupuncture, against PIERE GAULIN, hereinafter referred to as "Respondent", and alleges: . 1. Petitioner is the state agency charged with regulating the practice of acupuncture pursuant to Section 20.43, Chapter 456, (formerly known as Chapter 455, Part II; 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 Agency for Health Care Administration to provide consumer complaint, investigative and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards. 2. Respondent is, and has been at all times material hereto, a licensed acupuncturist in the State of Florida, having been issued license number AP 00388. Respondent's last known address is 910 SE Fifth Terrace, Pompano Beach, Florida 33060. comet meee ap sree ge Fogg name re 3. AS a licensed acupuncture physician in the State of Florida, Respondent was required to have completed twenty (20) credit hours of continuing education per biennium, including hours in prescribed subjects (e.g., three (3) continuing education hours concerning HIV/AIDS, and two (2) in Laws and Rules, ), for license renewal for the 1996-1998 biennium which ran from March 1, 1996 through February 28, 1998. Credit hours are not retroactive or cumulative. All credit hours must be earned within the biennium for which they are claimed. Proof of compliance must be copies of certificates or letters from approved programs. 4. In or about October 1998, the Board of Acupuncture conducted a random continuing education audit. 5. Respondent was found to be deficient in continuing education for the 1996-1998 biennium. Specifically, Respondent failed to document full compliance with the continuing education requirements. Of the twenty (20) hours required, the Board approved only thirteen point five (13.5) of the hours offered as documentation by Respondent. 6. Respondent has not provided satisfactory proof of full compliance with the continuing education requirements for the 1996-1998 biennium. 7. 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)(s), Florida Statutes, by violating a tule of the board, to wit: Rule 64B1-7.0015, Florida Administrative Code, by failing to demonstrate completion of the required continuing education requirements for each biennium. 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 Respondents license, resttiction of the Respondent’s practice, imposition of an administrative ee pe ro foo ne eer CERF SET oT Ie ERIE TE REET RE ORR ITE ey ET ce eer teem fine and costs, issuance of a reprimand, placement of the Respondent on probation, and/or relief that the Board deems appropriate. SIGNED this \ Uthday of » 2002. John O. Agwunobi, MD, MBA Acting Secretary, Department of Health ancy M. Snurkowski, Chief Attomey Agency for Health Care Administration General Counsel-MQA Practitioner Regulation-Legal COUNSEL FOR PETITIONER: Kathy Gatzlaff, Attorney DEp, FILE Fla. Bar No.: 0494461 DEMENT San Agency for Health Care Administration CLERK %; TY Ce, General Counsel-MQA Mehi fe, es Practitioner Regulation-Legal DATE / P.O. Box 14229, MS#39 e3foz Tallahassee, FL 32317-4229 Telephone: (850) 922-2283 PCP: John Frazer & Johanna Yen DATE: 12/10/99 (rev. 1-7-02) Fr UR rR crepe ope TPR RER sree cer nee

Docket for Case No: 02-000555PL