£B'd STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2004-39113 STEVEN A. FIELD, M.D., (CS: -O%S 7 PL cee . RESPONDENT. «=: . a ee tee ee ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Steven A. Field, M.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of Medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2, At all times material to this Complaint, Respondent was a licensed physician within the state of Florida, having been issued license number ME 27678. 3. | Respondent's address of record is 905 Guisando de Avila, Tampa, Florida 33613-1060. 1:\PSU\Medical\Bolivar\cases\Field 2004-39113\Fleid 2004-39113 AC.1.doc L OH 90:88 SaB2-Be- queigiy ape BOUIN xed :Auedwio9 wapuss 928 Q| UU Q :uoneing ez :sabeg Wv 10:8 soul] SO0z/s/e 7978 (pepseoong yuaAg) JUSAW psAlosay 4. The Disability Determinations Division of the Department of Health scheduled an appointment for a forty nine (49) year-old female patient, S.B., to undergo a medical examination by Dr. Field on or about November 16, 2004, in support of Patient S.B.'s application for disability benefits. 5. Dr. Field's office was closed when Patient S.B. arrived for her appointment at ‘approximately 5:30 p.m. Dr. Field subsequently arrived | and unlocked the office. Dr. Field and Patient $.B. were the only people in the office at the time of the appointment. 6. Patient $.B. put on a patient gown. Dr. Field examined Patient S.B., inquired about her medical. history, and took her blood pressure, which he noted to be high. 7. Dr. Field engaged in a sexual act or acts with Patient S.B. in his office, including soliciting oral sex, penetration of her vagina with his penis, and sexual intercourse. Dr. Fields ejaculated in the course of the sexual act(s). 8. Dr. Field prepared a report dated November 16, 2004, to the Tampa Area Disability Determination office regarding his evaluation of Patient S.B. 2 J:\PSU\Medical\Bolivar\cases\Field 2004-39113\Field 2004-39113 AC.1.doc L pa'd WOHY 98:84 saGz-8a-yUW ey seven acd :Auedwioy dapues 99S g} UI g :uoneing ez :sebeg WV 10:8 SOUL S00z/8/E eq (pepassons U9AQ) JUSAW peajoooy 9. On our about November 17, 2004, Dr. Field telephoned Patient S.B. and advised her to begin prescription treatment for her high biood pressure condition. He invited her to come to his other office location and pick up the medicine. 10. On or about November 17, 2004, Patient S.B. contacted her primary care doctor, the police, and a rape crisis center. Patient S.B. “underwent a full rape kit evaluation. Semen was found in her vaginal fluid. 11. On or about November 18, 2004, Dr. Field was charged with sexual battery by the Hillsborough County Sheriff's Office in Case No. 04- 111135. COUNT ONE 12. Petitioner realleges and incorporates paragraphs one (1) through eleven (1.1) as if fully set forth herein. 13. Section 456.072(1)(u), Florida Statutes (2004), provides that engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes (2004), constitutes grounds for disciplinary action by the Board of Medicine. 14. Section 456.063(1), Florida Statutes, states as follows: Sexual misconduct in the practice of a health care profession means violation of the professional relationship through which 3 J:\PSU\Medical\Botivar\cases\Field 2004-39113\Field 2004-39113 AC1.doc Sad WOH 96:88 SaaZ-82-NeW “VED sevyucny aed :Auedwiog 1apues 298 Q} UI g ‘uoneing gz :sebeg WY 10:8 sOuly So0z/sie :97eG (papeasons }UaAQ) }USAZQ paalscey the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or representative of the patient or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. 15. Respondent engaged in or attempted to engage Patient S.B. in sexual activity outside.the.scope of professional practice in-one-or more of the following ways: (a) By soliciting oral sex from Patient S.B. while she was in his office for a disability examination; (b) By penetrating Patient $.B.’s vagina with his penis while she was in his office for a disability examination; (c) By engaging in sexual intercourse with Patient S.B. while she was in his office for a disability examination. 16. Based on the foregoing, Respondent violated Section 456.072(1)(u), Florida Statutes (2004), by committing sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes (2004). 4 3:\PSU\Medieal\Bolivar\cases\Field 2004-39113\Field 2004-39113 AC 1.doc L 98"d yOHY 98:84 saazZ-B0-yeW ver savywnny aed :Auedwog apues 99S Q} UIQ :uoneing gz :sebeq WY 10:8 soul SOOZz/e/e a7eq (papaesons quang) }UsAq paalsvey COUNT TWO 17. Petitioner realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 18. Section 458.331(1)G), Florida Statutes (2004), provides that the following is grounds for disciplinary action by the Board of Medicine: Exercising influence within a patient-physician relationship for purposes..of engaging- a- patient in. sexual activity:- A-patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. 19. Respondent exercised influence within the physician-patient relationship for purposes of engaging a patient in sexual activity in one or more of the following ways: (a) By soliciting oral sex from Patient S.B. while she was in his office for a disability examination; (b) By penetrating Patient S.B.‘s vagina with his penis while she was in his office for a disability examination; (c) By engaging in sexual intercourse with Patient S.B. while she was in his office for a disability examination. 20. Based on the foregoing, Respondent violated Section 458.331(1)(j), Florida Statutes (2004), by exercising influence within a 5 J:\PSU\Medical\Bollvar\cases\Field 2004-39113\Fleld 2004-39113 AC.1.doc L aB'd BOHB 28:86 S@67-8G-aeh -svsIyqug, AOYQUITIQ ACF :Auedwog 4apuasg as 9] Ulu g suoesng ez :sabed WY 10:8 soul, SOOT/B/E “aye (papessons yUsAg) JUSA_ Pealssey physician-patient relationship for purposes of engaging the patient in sexual activity. COUNT THREE 21. Petitioner realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 22. Section 458.331(1)(g), Florida Statutes (2004), subjects a licensee to discipline for failing to perform any statutory or legal obligation placed upon him. 23. Section 458.329, Florida Statutes (2004), states: The physician-patient relationship is founded on mutual trust. Sexual misconduct in the practice of medicine means violation of thé physician-patient relationship through which the physician uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of medicine is prohibited. 24. Respondent violated the statutory prohibition against sexual misconduct as defined in Section 458.329, Florida Statutes (2004), in one or more of the following ways: (a) By soliciting oral sex from Patient S.B. while she was in his office for a disability examination; 6 J:\PSU\Medical\Bolivar\cases\Field 2004-39113\Field 2004-39113 AC.1.doc 8a°d YOHY 28:88 SB0Z-6@-yOW avouuy aoyuny acd :Aueduiog depuas 99S gE UIQ ruoeing gz :sebeg WY 10:8 seul) so0z/s/e 797eq (pepassons jUaAg) JUaA poAloday (b) (<) 25. By penetrating Patient S.B.’s vagina with his penis while she was in his office for a disability examination; By engaging in sexual intercourse with Patient S.B. while she was in his office for a disability examination. Based on the foregoing, Respondent violated Section 458.331(1)(q), Florida Statutes (2004), by violating the statutory prohibition against committing sexual misconduct in violation of Section 458.329, Florida Statutes (2004). 26. COUNT FOUR Petitioner realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 27. Section 458.331(1)(nn), Florida Statutes (2004), provides that violating any provision of Chapters 456 or 458, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board of Medicine. 28. that: (1) Rule 64B8-9.008, Florida Administrative Code (F.A.C.), provides Sexual contact with a patient is sexual misconduct and is a violation of Sections 458.329 and 458.331(1)()), F-S. 7 J:\PSU\Medical\ Boll var\cases\Field 2004-39112\Field 2004-39113 AC1.doc 68'd gOHY 2@:8@ S@B2-BB-MuW quer maw aed :Auedwio9 apusesg das g} UIW 9 suoReing ez :sabed Wv 10:8 seul, SO0z/8/E 9yeq (papeesang jUaAg) JUSAQ psarosey (2) For purposes of this rule, sexual misconduct between a physician and a patient includes, but is not limited to: (a) Sexual behavior or involvement with a patient including verbal or physical behavior which (1) May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it; (2) May reasonably be interpreted as intended for the . .sexual..arousal.or gratification-of the physician, the patient or- any third party; or (3) May reasonably be interpreted by the patient as being sexual. 29. Respondent engaged in sexual misconduct as defined in Rule 64B8-9,008, F.A.C., in one or more of the following ways: (a) By soliciting oral sex from Patient S.B. while she was in his office for a disability examination; (b) By penetrating Patient S.B.’s vagina with his penis while she was in his office for a disability examination; (c) By engaging in sexual intercourse with Patient S.B. while she was in his office for a disability examination. 30. Based on the foregoing, Respondent violated Section 458.331(1)(nn), Florida Statutes (2004), by committing sexual misconduct in violation of Rule 6488-9.008, F.A.C. J:\PSU\Medical\Bollvar\cases\Field 2004-39113\Field 2004-39113 AC.1.doc QI"d squeegee :Auedwo5 98S g} Ug suonesng WY 10:8 SOUL, OH 20:86 S@EC-B0-auW say wenn aed sJepuesg Bz :soBeg sooc/g/e 737eQ (papeesons yUaAg) JUaAW Pealacey I COUNT FIVE 31. Petitioner realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 32. Section 458.331(1)(t), Hlorida Statutes (2004) provides that gross or repeated malpractice or the failure to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably TT" prudent. similar physician as ‘being acceptable under similar conditions and circumstances constitutes grounds for disciplinary action by the Board of Medicine. 33. Respondent failed to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances in one or more of the following ways: (a) By soliciting oral sex from Patient S.B. while she was in his office for a disability examination; (b) By penetrating Patient §.B.'s vagina with his penis while she was in his office for a disability examination; (c) By engaging in sexual intercourse with Patient S.B. while she was in his office for a disability examination. 9 J: \PSU\Medical\Bolivar\cases\Flel 2004-39113\Field 2004-39153 AC1.doc wens YOHY ga:8@ saaz- BO-EO ayae 4 sAuedwog dapuag 9as gL UIQ suoneing ez :sabed WY 10:8 seul) so0z/s/e :97eq (papaesonsg jUaAg) USA paaleoey 34. Based on the foregoing Respondent violated Section 458.331(1)(0), Florida Statutes, by failing to practice medicine with that level of care, skill and treatment, which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. WHEREFORE, Petitioner respectfully requests that the Board of “ Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action and/or any other relief that the Board deems appropriate. SIGNED this 7 day of _Febauory , 2005. John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health v FILED Wasa M. Froluw DEPARTMENT OF H — DEPUTY CLERK ATH Maura M. Bolivar oct! Co lund Assistant General Counsel! CLERK N Department of Health DATE DTT 10 Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0295840 (850) 414-8126 (telephone) (850) 414-1989 (facsimile) 10 J:\PSU\Medical\Botivar\cases\Field 2004-29113 \Field 2004-39113 AC.1.doc ZT 'd BOHY 88:82 S@az-88-yvW . sqvergey cavyeanyy acd sAuedwog waepuss 9as g} UIQ :uoneing ez :soBeg WV 10:8 cewlL Go0c/s/e :97eq (papas ons jUdAq) JUSAQ PaAior0y Reviewed and approved by: DE < (initials) //2: PCP: February 71,2005 PCP Members: Fuad AshKar, MD CUnairperson), M\ li J:\PSU\MedicanBotivar\cases\Flekd 2004-39113\Field 2004-39113 AC.1.doc €T"d BOHY eV :Auedwog oas 9} UI g suonjeing WY 10:8 soul) (date) ark Avila, MD,andJohn Beebe 93:88 S@BzZ-Ba-YeW . wave acd apueg gz :sabedg g00Z/8/E :9jeg (papaacong jUaAg) USA Psasooy Steven A. Field, M.D., DOH Case No. 2004-39113 NOTICE OF RIGHTS Respondent has the right to request a hearing to be ‘conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition any other discipline imposed. 12 J\PSU\Medical\Baltvar\cases\Field 2004-39113\Field 2004-39213 AC.t.doc bid WOHY 88:88 Saaz-Sa-auW L query oyun acd :Auedwio9 sepuss 9as g| UI g suoneung ez :sobeg WY 10:8 seul] GOOC/B/E :ayeq (papascons yuaag) }UeAW paalovoy

Docket for Case No: 05-000857PL

Orders for Case No: 05-000857PL