FEB-G2-2087 18:52 Feb 2 2007 10:37 STATE OF FLORIDA | DEPARTMENT OF HEALTH : DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2004-50097 MICHAEL JOHN BADANEK, D.C. RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Michael John Badanek, D.C., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the Practice of Chiropractic Medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 460, Florida Statutes. 2, At all times material to this order, Respondent was licensed to Practice chiropractic medicine in the State of Florida, having been issued license number CH 3685. 3. Respondent’s address of record is Post Office 10, Silver OOH v. Michael Badanek, D.C. Case No. 2004-55097 J:\PSU\Medical\ Tobey\cases\Badanek, Michael\badanek.chiro.ac.advertising.doc cgog £0 330 Feb 2 2007 10:37 FEB-G2-2087 18:52 Springs, Florida 34489. 4. Sometime in the latter part of 2004, Respondent advertised in a local Marion County Newspaper in which he indicated that he was “specializing in Auto Accidents and Alternative Medical Health Care.” In the advertisement, Respondent also used the initials M.D., and M.D. (MA) without indicating that he is not a licensed medical doctor in the state of Florida. The advertisement further stated, “If you are looking for MORE than just a Chiropractor, but a Doctor! We evaluate and treat all systems of the body with CHIROPRACTIC and/or ALTERNATIVE Functional Medicine,” 2. Respondent is not a licensed medical doctor in the state of Florida. 6. Respondent does not possess qualifications, skills, or other attributes which are superior to other chiropractors, 7. Rule 64B2-15.001(2)(e), Florida Administrative Code (F.A.C.), provides that an advertisement is fraudulent, false, deceptive or misleading if it: Conveys the impression that the chiropractor or chiropractors, disseminating the advertising or referred to therein, possess qualifications, skills, or other attributes which are superior to DOH v. Michael Badanek, D.C, 2 Case No. 2004-55007 7-\PSU\Medical\Tabey\cases\Badanek, Michael\badanek, chiro.ac.advertising.doc Feb 2 2007 10:38 FEB-G2-2887 18:53 other chiropractors, other than a simple listing of earned . professional post-doctoral or other professional achievements. However, a chiropractor is not prohibited from advertising that he has attained Diplomate status in a chiropractic specialty area recognized by the Board of Chiropractic. 9. Rule 64B2-15.001(2)(i), F.A.C. provides that an advertisement is fraudulent, faise, deceptive or misleading if it: Contains any representation regarding a preferred area of practice or an area of practice in which the practitioner in fact specializes, which represents or implies that such specialized or preferred area. of practice requires, or that the practitioner has received any license or recognition by the State of Florida or its authorized agents, which is superior to the license and recognition granted to any chiropractor who successfully meets the licensing requirements of Chapter 460, F.S. However, a chiropractor is not prohibited from advertising that he has attained Diplomate status in a specialty area recognized by the Board of Chiropractic. 10. Rule 64B2-15.001(2)(I), F.A.C. Provides that an advertisement is fraudulent, false, deceptive or misleading if it: Contains a reference to any other degree or uses the initials “M.D.” or “D.O.” or any other initials unless the chiropractic physician has actually received such a degree and is a licensed holder of such degree in the State of Florida. If the chiropractic physician’ licensee is not licensed to practice in any other health care profession in Florida, the chiropractic physician must disclose this fact, and the letterhead, business card, or other ' advertisement shall also include next to the reference or initials a statement such as “Not licensed as a medical doctor in the State of Florida” or “Licensed to practice chiropractic medicine only” in the same print size or volume. DOH v, Michael Badanek, D.C. 3 Case No. 2004-55097 . JAPSU\Medical\ Tobey\cases\Badanek, Michael\badanek.chiro.ac,advertising.doc Feb 2 2007 10:38 FEB-G2-2087 18:53 P.@8 COUNT ONE 11. Petitioner re-alleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 12. Section 460.413(1)(ff), Florida Statutes (2004), provides grounds for disciplinary action by the Board of Chiropractic Medicine for violating any provision of Chapter 460, Florida Statutes, or any rules adopted thereto. 13. By advertising that he was “Specializing in Auto Accidents and Alternative Medical Health Care,” the Respondent conveyed the impression that he possesses qualifications, skills, or other attributes which are superior to other chiropractors. 14. Based on the foregoing, Respondent has violated Section 460.413(1)(ff), Florida Statutes (2004), through a violation of Rule 64B2- 15.001(2)(e), F.A.C. and Rule 64B2-15.001(2)(i), F.A.C., by fraudulent, false, deceptive or misleading advertising. COUNT TWO 15. Petitioner re-alleges and incorporates ‘paragraphs one (1) ‘through ten (10) as if fully set forth herein. DOH v. Michael Badanek, D.C. 4 Case No. 2004-55097 J!\PSU\Medlcal\ Tebey\cases\Badanek, Michael\badanek.chiro.ac.advertising.doc Feb 2 2007 10:38 FEB-G2-2087 18:53 16. Section 460.413(1)(ff), Florida Statutes (2004), provides grounds for disciplinary action by the Board of Chiropractic Medicine for violating any provision of Chapter 460, Florida Statutes, or any rules adopted thereto, 17. By advertising using the initials M.D. and M.D. (MA), and indicating that he was“. . . MORE than just a Chiropractor, but a Doctor!” without a disclaimer indicating that he was only licensed to practice chiropractor, Respondent portrayed the false impression that he was licensed as a medical doctor in the state of Florida. 18. Based on the foregoing, Respondent has violated Section 460.413(1)(ff), Florida Statutes (2004), through a violation of Rule 64B2- 15.001(2)(I), F.AC., by fraudulent, false, deceptive or misleading advertising. WHEREFORE, the Petitioner respectful ly requests that the Board of Chiropractic 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, DOH v, Michael Badanek, D.C. 5 Case No. 2004-55097 J:\PSU\Medical\ Tobey \cases\Badanek, Michael\badanek.chiro.ac.advertising.dac Feb 2 2007 10:39 FEB-G2-2087 18:54 P.1a refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 6*° dayof_ Decmi _, 2005. John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health FILED GS —— ocean! HEALTR Tobey Sehultz DEPUTY CLERK Assistant General Counsel CLERK dhimon Makowr DOH Prosecution Services Unit DATE Jd- yo 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 3239 Florida Bar # 0542131 (850) 245-4444 ext. 8165 PCP: 11/03/2005 PCP Members: Kirby, Wolfson DOH v. Michael Badanek, D.C, Case No. 2004-55097 J:\PSU\Medical\Tobey\cases\Badanek, Michael\badanek.chiro.ac.advertising.dac FEB-G2-2087 18:54 Feb 2 2007 10:39 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. DOH v. Michael Badanek, D.C, 7 Case No. 2004-55097 1:\PSU\Medical\Tobey\¢ases\Badanek, Michael\badanek. chiro.ac,advertising.doc

Docket for Case No: 07-000576PL