MAY-17?-2886 11:16 May 1? 2006 11:43 FL DEPT OF HEALTH esq 460 1655 Po Gd ~ oN 2 a) STATE OF FLORIDA _ DEPARTMENT OF HEALTH we mend 2 an DEPARTMENT OF HEALTH, PETITIONER, Case Numbers 2005-00374 and 2005-00754 DHVANIT VIJAPURA, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Amended Administrative Complaint before the Board of Medicine against the Respondent, Dhvanit Vijapura, 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. JAPSU\Medical\Irving Levine\Cases\Vijapura\AC-05-00374, 754 .doc May 1? 2006 11:43 MAY-1?-2886 14:17 FL DEPT OF HEALTH 856 488 1855 om 2. At all times material to this Complaint, Respondent was a licensed physician within the State of Florida having been issued license number ME 59359. 3 Respondent's address of record is 221 East 23 Street, Suite F, Panama City, Florida 32405. 4. Respondent is board certified in Psychiatry with subspecialty certificates in Addiction Psychiatry and Geriatric Psychiatry. 5. On or about September 13, 2004, Patient L.P., a 28 year-old female, was at Respondent’s office when he inappropriately touched her breasts while taking her blood pressure. 6. On or about September 29, 2004, when Patient L.P. was at Respondent's office, he again inappropriately touched her breasts while taking her blood pressure. 7. On.or about August 25, 2004, Patient A.A, a 29 year-old female, was at Respondent's office about one week after she had had breast augmentation surgery. Respondent inappropriately asked about the breast size change, the feel of them to both herself and her husband, and how they felt during sexual activity. JAPSU\Medical\IrvingLevine\Cases\Vijapura\AC-05-00374, 754.doc 2 P.@S May 1? 2006 11:44 MAY-17?-2886 11:17 FL DEPT OF HEALTH 856 488 1855 on 8. Respondent inappropriately asked Patient A.A. to view her breasts and she ilifted her shirt and bra to show them. He questioned her about her sexual relationship with her husband and inappropriately requested to see the before and after photographs of her breasts. 9. Through prior conduct with other patients and facility staff, Respondent has demonstrated a propensity toward inappropriate sexual behavior in one or more of the following ways: a. On or about November 30, 1999, while C.C., an employee of the facility, was present during the evaluation of an elderly female resident, Respondent inappropriately put his hand under C.C.’s shirt, pushed her bra up above her left breast, and placed his hand on the breast. This was reported to the police; b. On-or about August 30, 2000, Patient L.W., during a visit with espondent, was asked about her heart rate and then Respondent indicated that he wished to perform a heart examination. He told Patient L.W. that he had forgotten to bring his stethoscope, directed her to sit next to him and remove her bra so that he could manually assess her heart rate. Respondent placed his hand on Patient L.W.’s breast, JAPSU\MedicalNirving Levine\Cases\Vijapura\A C-05-00374, 754.doc 3 P86 May 1? 2006 11:44 MAY-1?-2886 14:17 FL DEPT OF HEALTH 856 488 1855 on moved his hand around on her breast and nipple area, and made moaning noises; c. On or about February 23, 2000, Ms. M.L. was at a job interview conducted by the Respondent. As he took M.L. on a tour of the facility, he inappropriately placed his open hand on her rear-end and gently pushed her into one of the offices. Then as she was leaving, Respondent put his arm around her and kissed her on the cheek. This was reported to the police. 10. Section 458.331(1)(j), Florida Statutes (2000-2004), provides that exercising , influence within a patient-physician relationship for purposes of engaging a patient in sexual activity constitutes grounds for disciplinary action by the Board of Medicine. 11. Respondent committed sexual misconduct in one or more of the following ways: a) by inappropriately touching Patient L.P.’s breasts while taking her blood pressure; b) by inappropriately asking Patient A.A. about the breast size change, the feel of them to both herself and her husband, and how they felt during sexual activity; c) by inappropriately asking Patient AA. to view her breasts and questioning her about her sexual relationship with her husband and inappropriately requesting to see J:APSU\Medicalirving Levine\AC\Vijapura ac 05-00374, 754.doc 4 May 1? 2006 11:44 MAY-17?-2886 11:17 FL DEPT OF HEALTH 856 488 1855 oon, the before and after photographs of her breasts; d) by demonstrating a propensity toward inappropriate sexual behavior by improperly assessing Ms. C.C.’s heart rate by placing his hand on her bare breast, by directing Patient L.W. to sit next to him and remove her bra so that he could manually assess her heart rate and then placing his hand on Patient L.W.’s breast, moving his hand around on her breast and nipple area, and making moaning noises, and by inappropriately placing his open hand on Ms. M.L.’s rear-end and gently pushing her into one of the offices and as she was leaving, putting his arm around her and kissing her on the cheek. 12. Based on the foregoing, Respondent has violated Section 458.331(1)(j), Florida Statutes (2000-2004), by exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. WHEREFORE, the 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 the Respondent on probation, corrective action, refund of JAPSU\Medicalrving Levine\AC\Vijapura ac 05-00374, 754.do¢ 5 P.@8 May lf 2006 11:45 MAY-17?-2686 11:18 FL DEPT OF HEALTH 854 468 1655 P.@9 a, fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. x SIGNED this_/7-_ day of Curober , 2005. John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health FILED DEPARTMENT ornealtr Florida Bar # 0822957 DEPUTY mek am DOH, Prosecution Services Unit CLERK Greats 4052 Bald Cypress Way, Bin C-65 DATE po-lh-8 Tallahassee, Florida 32399-3265 Phone: 850-414-8126 Fax: 850-414-1989 Reviewed and approved by: Che (initials) ) fi 5 [ex (date) PCP: Oetnber |4+, 2005 ; Zachariah, M-D.a-dcdohn Bee PCP Members: Gustavo Leon, mMp.Choa rperson), Mammen ia, AA D., DOH v. Dhvanit Vijapura, M.D., Case 2005-00374 and 2005-00754 JAPSU\Medical\Irving Levine\Cases\Vijapura\AC-05-00374, 754.doc - 6 May lr 2006 11:45 MAY-1?-26H6 «11:18 FL DEPT OF HEALTH 854 468 1655 my NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 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 to any other discipline imposed. DOB v. Dhvanit Vijapura, M.D., Case 2005-00374 and 2005-00754 T.APSU\Medical\Irving Levine\Cases\¥V ijapura\AC-05-00374, 754.doc 7 P.1a

Docket for Case No: 06-001820PL