STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Petitioner, v. CASE NO. 2002-22714 ZHI-LIANG HUO, A.P Respondent. ee 5 MINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this. Administrative Complaint before the Board of Acupuncture against the Respondent, Zhi-+Liang Huo, A.P., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of acupuncture pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 457, Fiorida Statutes 2. At all times material to this Complaint, Respondent was registered with the Board of Acupuncture as an acupuncturist, having been issued license number 479 on Septernber 7, 1993 TA\PSUVAllied Heaith\Acupuncture Board\april Skilling\Administrative Compiaints\Huo(2002-22714) [457.109(1)(j)}.doc pO‘d Stel g900e LL ver 99:TT 900¢ TT Yer gag £4 3. Respondent's address of record is 6906 Aloma Avenue, Winter Park, Florida 32792. , 4. On or about June 7, 2002, Patient C.H. presented herself to Respondent at his office for the purpose of receiving acupuncture treatment. 5. Prior to acupuncture treatment being rendered, Patient C.H. disclosed to Respondent that.Patient C.H. was seeking treatment for genital herpes. 6. During the treatment appointment, Patient C.H. discussed with Respondent additional medical problems Patient C.H. was experiencing at the time including a cold and tardiness in receiving her menses. 7. Respondent treated Patient C.H. for both a cold and genital herpes during the patient's first treatment through the , placement of acupuncture needles, 8. Onor about June 11, 2002, Patient C.H, returned to Respondent to receive foliow-up treatment. . 9. During the treatment appointment, Patient C.H. informed Respondent that the patient still had not begun her menses. 10. Respondent and Patient C.H. discussed the possibility of the patient being pregnant and having a child. | JAPSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Huo(2002-22714) [457.109(1)(j)] doc 90d B5*él 900 LL ver 99:TT 9002 TT Yer 11. Respondent then asked Patient C.H. to remove her brassiere and shirt so that he could check her breasts. 12. Patient C.H. felt uncomfortable with Respondent's Fequest, but complied. 7 13. Prior to her compliance in removing her clothing, Patient C.H. informed Respondent that the patient previously had breast augmentation. — 14, Respondent then had Patient C.H. raise and lower her arms while he viewed the patient’s breasts, 15. Respondent then palpated the breasts and asked Patient C.H. if her breasts felt tender to which Patient C.H. said no. 16. = Respondent then checked Patient C.H.’s nipples to see if the size and color changed and then groped the patient’s breasts. 17, After the breast examination was cornpleted.and Patient C.H. replaced her clothing, Respondent asked if he could examiner the patient's vaginal area to look for the presence of any herpes blisters. 18. Patient C.H. was nervous and uncomfortable but complied with Respondent's request. , 19. Respondent checked Patient C.H.’s vaginal area and located one blister, lo . hoe be anaes J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Huo( 2002-22714) [457.109(1)(j)}].doe 90 ‘d B5*él 900 LL ver 25:TT 900¢ TT ver 20. Respondent then put on a latex glove and inserted at least one finger into the patient’s vagina, moving the finger(s) around in a circular motion, palpating her, while asking the patient to take deep breaths. 21. After Respondent removed his finger(s), Respondent showed Patient CH. a discharge on the glove, then threw the glove away and reinserted his finger(s) into the patient's vagina. 22. When Respondent removed his finger(s), Patient C.H. saw that Respondent had no glove on his hand. 23. Patient C.H. then got dressed while Respondent was in the examination room. 24. Respondent told Patient C.H. that she was pretty, beautiful, and in good proportion. . 25. Respondent once again came over to Patient C.H. and told the patient to relax, | 26. Respondent then slipped his hand under the patient’s brassiere while she was lying on the examination table, began groping Patient C.H.'s breasts again, and made comments about her breasts. 27. Respondent then removed his hand from under Patient C.H.’s clothing, and rubbed the patient's arms and head. 3:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Huo(2002-22714) [457.109(1)(j)].doc é0‘d B5*él 900 LL ver 25:TT 900¢ TT ver 28. Respondent did not provide Patient C.H. with an explanation of treatment that included Respondent inserting his finger(s) into Patient C.H.’s vagina, nor did Respondent provide Patient C.H. with an opportunity to decline the receipt of treatment that included Respondent inserting his finger(s) into Patient C.H.’s vagina. 29, Respondent did not make a notation in Patient C.H.’s medical records justifying a course of treatment that included inserting Respondent's finger(s) into Patient C.H.’s vagina. 30. Respondent did not provide Patient C.H. with an explanation of treatment that included Respondent manipulating or groping Patient C.H.’s breasts, nor did Respondent provide Patient C.H. with an opportunity to decline the receipt of treatment that included Respondent manipulating or groping Patient C.H.’s breasts. 31. Respondent did not make a notation in Patient C.H.’s medical. records justifying a course of treatment that included manipulating or groping Patient C.H.’s breasts. 32. Throughout the examination, the door to the examination room was closed, J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Huo(2002-22714) [457.109(1)(j)].doc 80 ‘d B5*él 900 LL ver 25:TT 900¢ TT ver 33. Throughout the treatment of Patient GH., ho female monitor was present, and Respondent did not offer to have one present, 34. Patient C.H., who was upset and confused by the treatment she received from Respondent on June 11, 2002, shared her traumatic experience with close friends and family members shortly after the incident and documented it in her personal journal. COUNT ONE 35. Petitioner . realleges and incorporates paragraphs one (1) through thirty-four (34) as if fully set forth herein. 36. Section 457.109(1)(x), Florida Statutes (2001), sets forth grounds for disciplinary action by the Board of Acupuncture for violating any provision of Chapter 456 or Chapter 457, or any rules adopted: pursuant thereto. 37. Section 456.072(1)(u), Florida Statutes (2001), sets forth disciplinary guidelines for engaging or attempting to engage in sexual misconduct as defined and prohibited by Section 456.063(1), Florida Statutes (2001), 38. Section 456.063(1), Florida Statutes (2001), states that sexual — misconduct in the practice of a health care profession means violation of the: =~: J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Huo(2002-22714) [457,109(1)())].doc 60d B5*él 900 LL ver 2o:TT 900¢ TT Yer professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage 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 the professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. =~ ~~ ~s 39, Section 457.109(1)(j), Florida Statutes (2001), sets forth grounds for disciplinary action by the Board of Acupuncture for exercising influence within the patient-acupuncturist 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 her acupuncturist. 39. Respondent exercised influence within the patient-acupuncturist - relationship for purposes of engaging Patient C.H. in sexual activity, or used his professional relationship to engage or attempt to engage Patient C.H., or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scape of the professional practice of such health care profession, in one or more of the following ways: J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Huo(2002-22714) [457.109(1)(j)] doc Ol‘d BS5*él 900 LL ver Bo:TT 900¢ TT ver /0 a. By groping, fondling, or manipulating Patient C.H.’s breasts in a sexual manner while Patient C.H. was under the care and treatment of Respondent; b. By engaging Patient C.H. in sexual activity through insertion of Respondent’s finger(s) into Patient C.H.’s vagina and moving them around in a sexual manner while Patient C.H. was under the care and treatment of Respondent. c. By telling Patient C.H. that she was pretty, beautiful, and in good proportion, or by making other comments about Patient CH.S breasts. | 40, Based on the foregoing, Respondent violated Section 457,.109(1)(x), Florida Statutes (2001), by violating 456.072(1)(u), Florida - Statutes (2001), or by violating Section 457.109(1)(j), Florida Statutes (2001), by engaging or attempting to engage Patient C.H. in sexual misconduct, or by exercising influence within the patient-acupuncturist relationship for purposes of engaging Patient C.H. in sexual activity, when Respondent groped, fondled, or manipulated Patient C.H.’s breasts in a sexual manner, or when Respondent inserted his finger(s) into Patient C.H.’s vagina -and: moved them-around in a sexual manner, or -by -telling Patient 3:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Huo(2002-22714) [457.109(1)(j)].doc Lk *d BS5*él 900 LL ver Bo:TT 900¢ TT ver /f C.H. that she was pretty, beautiful and well proportioned or by making other comments about her breasts, while Patient C.H. was under the care and treatment of Respondent. COUNT TWO 41. Petitioner realleges and incorporates paragraphs one (1) through thirty-four (34) as if fully set forth herein. 42, Section 457.109(1)(m), Florida Statutes (2001), sets forth grounds for disciplinary action by the Board of Acupuncture for failing to keep written medical records which are consistent with the practitioner's style of acupuncture justifying the course of treatment of the patient. 43. Respondent failed to keep written medical records consistent with the Respondent’s style of acupuncture justifying the course of treatment of the patient, in one or more of the following ways: a. __By failing to keep written medical records justifying the groping, fondling, or manipulation of Patient C.H.’s breasts during treatment of Patient C.H. b. By failing to keep written medical records justifying insertion of Respondent's finger(s) into Patient C.H.’s vagina during ~treatment of Patient G:H. cae epem ores ne Soe 2:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Huo(2002- 22714) [457.109(1)(j)].doc él‘d BS5*él 900 LL ver BS:TT 900¢ TT Yer /2. 44, Based on the foregoing, Respondent violated Section 457.109(1)(m), Florida Statutes (2001), by failing to keep written medical records consistent with Respondent's style of acupuncture justifying the groping, fondling, or manipulation of Patient C.H,'s breasts, or insertion of - Respondent's finger(s) into Patient CH.'s vagina, during the course of Patient C.H.’s treatment. WHEREFORE, Petitioner respectfully requests that the Board of Acupuncture 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. J:\PSU\Allied Heaith\Acupuncture Board\April Skilling\Administrative Complaints\Huo(2002-22714) [457.109(1)(j)].doc 10 Bld BS5*él 900 LL ver Bo:TT 900¢ TT ver [3 SIGNED this 22-day of Acobita i. 2005. John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health FILED DEPARTMENT OF HEALTH UTY CLERK Assistant General Counsel pare__ 4/305. DOH, Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0805165 (850) 414-8126 office (850) 414-1989 facsimile Reviewed and approved by: Def-(initials) J 20/el date) J:\PSU\Allied Health\Acupuncture Board\April Skilling\Administrative Complaints\Huo(2002-22714) [457,109(1)(j)].doc tl od OO-EL g00e Lt ver BS:TT 900¢ TT Yer

Docket for Case No: 06-000140PL