Feb 26 2007 9:06 FEB-26-2007 G9: 21 P.G2/11 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Ve CASE NO. 2002-22541 CHRISTOPHER R. CHICCHETTI, D.C., RESPONDENT. ee ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through fts undersigned counsel, and files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Christopher R. Chicchetti, 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 Complaint, Respondent was a licensed Chiropractor within the state of Florida, having been issued license number CH 6112. 3. Respondent's address of record is 11637 159" Court North, Jupiter, Florida 33478. 4, On or about May 8, 1986, Respondent signed a Health Education Assistance Loan Program Promissory Note, pursuant to which Bank of Indiana, National Association of Merrilivilie, Indiana, agreed to loan him $7,748 in exchange for his Feb 26 2007 : FEB-26-2087 @9f21 ae P3711 agreement to pay $7,748 to Bank of Indiana, National Association pursuant to the terms set out In the promissory note. The federal government guaranteed this loan. 5. On or about December 30, 1986, Respondent signed a second Health Education Assistance Loan Program Promissory Note, pursuant to which Bank One of Merrillville, Indiana, agreed to loan him $7,100 in exchange for his agreement to repay $7,100 to Bank One pursuant to the terms set out in the promissory note. The federal govemment also guaranteed this loan. 6. On or about September 1, 1987, Respondent signed a third Health Education Assistance Loan Program Promissory Note, pursuant to which Bank One of Merrillville, Indiana, agreed to loan him $8,298 in exchange for his agreement to repay $8,298 to Bank One pursuant to the terms set out in the promissory nate. The federal government also guaranteed this loan. 7. On or about August 8, 1988, Respondent signed a fourth Health Education Assistance Loan Program Promissory Note, pursuant to which Bank One of Merrillville, Indiana, agreed to loan him $7,363 in exchange for his agreement to repay $7,363 to Bank One pursuant to the terms set out in the promissory note. The federal government also guaranteed this loan. 8. In late 1995, Student Loan Marketing Association, the holder in due course of the four above-described promissory notes signed! by Respondent, filed a civil action against Respondent in the Circuit Court of Palm Beach County, Florida, in Case Number CL-95-7867-A0, for defaulting on the above-described loans in the principal amount of $40,058.41, plus interest. Feb 26 2007 9:06 FEB-26-2087 @9r2t P.@4/11 a 9. On April 30, 1996, a Final Judgment was entered in Case Number CL-95- 7867-AO against Respondent for defaulting on Health Education Assistance Loans in the amount of $43,032.11. 10. On or about October 30, 2000, the Student Loan Marketing Association judgment was assigned to the United States of America, and repayment was demanded in the amount of $43,032.11 in the United States District Court in the Southem District of Florida, in Case Number 00-8983-Civ-Ryskamp. 11. On or about December 10, 2002, the Department of Health and Human Services notified the Department of Health that Respondent had defaulted on Health Education Assistance Loans, guaranteed by the federal government. 12. Section 456.074(4), Florida Statutes (2003), provides: Upon receipt of information that a Hlorida-licensed health care practitioner has defaulted on a student loan issued or guaranteed by the state or the Federal Government, the department-shall-natify. the-licensee by. certified mail that he or she shall be subject to immediate suspension of license unless, within 45 days after the date of mailing, the licensee provides proof that new payment terms have been agreed upon by all parties to the loan. The department shall issue an emergency order suspending the license of any licensee who, after 45 days following the date of mailing from the department, has failed to provide such proof. Production of such proof shall not prohibit the department from proceeding with disciplinary action against the licensee pursuant to s. 456.073. 13. On or about April 21, 2004, by letter sent regular mail, and on or about May 11, 2004 by certified mail sent to Respondent at his address of record, the Department notified Respondent that within 45 days he must provide the Department with proof that he has obtained new payment terms from the lender, and that failure to do so would subject his license to practice chiropractic medicine to immediate 3 FER TE-2ne? par2e Feb 26 200° 9:07 suspension as well as disciplinary action. Therefore, the Department has complied with this condition precedent to this action. 14, Respondent has not responded to any of the Department’s inquiries regarding his default on his student loans and he has not provided the Department with proof that new payment terms have been agreed upon by the parties to the loans, Therefore an Order of Emergency Suspension of License was entered on August 16, 2004. 15. Section 456.072(1)(k), Florida Statutes (2003), subjects a licensee to discipline for failing to perform any statutory or legal obligation placed upon a licensee. The section states in pertinent part: For purposes of this section, failing to repay a student loan Issued or guaranteed by the state or the Federal Government in accordance with the terms of the loan or falling to comply with service scholarship obligations shall be considered a failure to perform a statutory or legal obligation, and the minimum disciplinary action imposed shall be a suspension of the license until new payment terms are agreed upon or the scholarship obligation is resumed, followed by probation for the duration of the student loan or remaining scholarship obligation period, and a fine equal to 10 percent of the defaulted loan amount. 16, As set forth above, Respondent failed to perform a statutory or legal obligation by failing to repay a student loan issued or guaranteed by the state or federal government. Respondent thereby violated Section 456.072(1)(k), Florida Statutes (2003). 17. As set forth above, Respondent defaulted on @ student loan Issued or guaranteed by the state or federal goverment and has not provided the Department with any proof that new payment terms have been agreed upon by ail parties to the loan, Respondent thereby violated Section 456.072(1)(k), Florida Statutes (2003). P.@5/11 Feb 26 200° 9:07 FEB-26-2087 9:22 P.@6/11 WHEREFORE, the Petitioner respectfully requests that the Board of Chiropratic 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 fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this at day of 2004. John O. Agqwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health FILED DEPARTMENT OF HEALTH DEPUTY CLERK cuerkNupddatr Golan oaTe__ A-G-O 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0233285 (850) 487-9685 (850) 414-1989 FAX DKK/dkk Reviewed and approved by: _Mme.._(initials) lao (date) PCP: For PCP Members: VK,A5, DOH v. Christopher R. Chicchetti, D.C., DOH Case No. 2002-22541 Fi : FEB-26-2687 9:22 ep 20 2000370" P.B?/11 DOH v. Christopher R. Chicchetti, D.C., DOH Case No. 2002-22541 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 fs 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.

Docket for Case No: 07-000981PL