May 22 2007 16:41 -88 MAY-22-2887 16:30 FL DEPT OF HEALTH 854 488 1855 P.B STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, O° 7 - Sa\\ PL Vv. CASE NO. 2006-34313 ROBERT L. MOORE, M.D., RESPONDENT. a ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against the Respondent, Robert L. Moore, 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 10111. J:\PSU\Medical\Trisha Grubbs\++Roberts's Cases\Medical Cases\Administrative Complaint Cases\+ESO cases\Moore, Robert (\456.072(1)(v) and 458.331(1)()(2006)(2006-34313).doc 1 uf May 22 200° 16:41 MAY-22-2007 16!3a FL DEPT OF HEALTH 858 498 1855 P.@9 3. Respondent's address of record is 1986 31* Avenue, Suite 120, Vero Beach, Florida 32960. 4. On or about September 28, 2006, Patient R.G. CRG”), a 33 year-old female, presented to Respondent with a complaints of hypertension: and headache. 5. On or about September 28, 2006, Respondent briefly examined R.G., requested lab work for R.G. and provided R.G. with a prescription for Dyazide (hydrochlorothiazide), #30, one tablet daily. 6. The appointment on or about September 28, 2006, lasted approximately one (1) hour, during which Respondent spoke at length with R.G. about himself and non-medical issues. 7. On or about October 12, 2006, R.G. presented again to Respondent for a follow-up appointment concerning R.G.’s hypertension and lab results, 8. While reviewing R.G.’s medical chart from her previous visit, Respondent told R.G. that she had beautiful eyes and continued to converse with her about non-medical issues. 9. During the office visit of October 12, 2006, R.G, attempted to steer the conversation back to the reason for the visit (hypertension and J:\PSU\Medical\Tristia Grubbs\++Roberts's Cases\Medical Cases\Administrative Complaint Cases\+ES50 cases\Moore, Robert \456.072(1)%v) and 458.331(1)(]M2006)(2006-34313).doc 2 . May 22 200? 16:41 MAY-22-2087 16330 FL DEPT OF HEALTH 656 488 1655 P18 lab results), but Respondent started talking about fishing and told her that if she ever felt like “slumming”, R.G. should call him and they could get together. 10. Also during the office visit of October 12, 2006, Respondent told R.G. that she had a “sparkly” thing on her chest, pointed to it and then touched R.G. on her chest in an attempt to remove it. 11. RG. put her hand up to block Respondent from touching her further and placed her handbag on in her lap in an attempt to cover her body because she felt uncomfortable and exposed. 12. Respondent then began questioning &.G. about her mammograms and who she used for her gynecological examinations. 13. R.G. told Respondent the name of her gynecologist and Respondent remarked that the gynecologist “got all the good stuff” and that Respondent “only got the leftovers.” 14. As R.G. prepared to leave the office, Respondent stood up, adjusted his groin area and commented that it would be nice if R.G. got sick again so that he could see her again. 3.\PSU\Medicai\Trisha Grubbs\+-Roberts's Cases\Medical Cases\Administrative Complaint Cases\+ESO cases\Moore, Robert L\456.072(1)(v) and 458.331(1)G)(2006)(2006-34313).doc . May 22 200° 16:42 MAY-22-2807 16:31 FL DEPT OF HEALTH 858 488 1855 P.it 15. Respondent told R.G. that they could go to the beach or out on the boat, asked R.G. to call him and said that he could give R.G. his telephone number. 16. Upon leaving the office, Respondent repeated to R.G. that they could go out on the boat and stated that clothing would be optional. 17. After leaving Respondent's office, R.G. contacted a family member to report her disturbing and embarrassing experience with Respondent. 18. Section 456.072(1)(u), Florida Statutes (2006), sets forth grounds for disciplinary action by the Board of Medicine for engaging or attempting to engage in sexual misconduct as defined and prohibited in s. ’ 456.063(1), Florida Statutes (2006). 19. Section 456.063(1), Florida Statutes (2006), states that sexual misconduct in the practice of a health care profession means violation of the professional relationship through which the health care practitioner uses such relationship 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 the professional practice of such health J:\PSU\Medical\Trisha Grubbs\++Roberts's Cases\Medical Cases\Administrative Complaint Cases\+ESO cases\Moore, Robert |\456.072(1)(v) and 458.331(1)(j)(2006)(2006-34313).doc 4 : ; May 22 2007 16:42 MAY-22-2087 16:31 FL DEPT OF HEALTH 85@ 488 1855 P.12 care profession. Sexual misconduct in the practice of a health care profession is prohibited. 20. Section 458.331(1)(j), Florida Statutes (2006), sets forth grounds for disciplinary action by the Board of Medicine for 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. 21. Respondent exercised influence within the patient-physician relationship for purposed of engaging Patient R.G. in sexual activity, or used his professional relationship to engage or attempt to engage Patient R.G., or to induce or attempt to induce Patient R.G to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession, in one or more of the following ways: a. By making comments to R.G. about R.G.’s “beautiful eyes; b. By telling R.G. to call him if she ever felt like “slumming” and getting together with him; 3:\PSU\Medical\ Trisha Grubbs\++Roberts's Cases\Medical Cases\Administrative Complaint Cases\+ES0 cases\Moore, Robert L\456.072(1}(v) and 458.331(1)(i)(2006 2006-34313).doc . ; May 22 200° 16:42 MAY-22-2887 16:31 FL DEPT OF HEALTH 858 468 1855 P13 c. By touching R.G.’s chest in an attempt to remove the “sparkly”; d. By remarking that R.G.'s gynecologist “got all the good stuff” while he “only got the leftovers.” e. By adjusting his groin area in front of R.G.; f. By remarking to R.G. that it would be nice if she got sick so he could see her again; g. By asking R.G. to call him and giving R.G. his telephone number; e. By stating that “clothing would be optional” should R.G. wish to join Respondent on his boat. ) 22. Based on the foregoing, Respondent violated Section 456.072(1)(v), Florida Statutes (2006), and/or Section 458.331(1)(j), Florida Statutes (2006), when Respondent engaged or attempted to engage in sexual misconduct with R.G., or exercised influence within the patient-physician relationship when Respondent engaged R.G., or induced or attempted to induce R.G., to engage in physical sexual activity outside the scope of the professional practice or outside the scape of the generally accepted examination or treatment of R.G. J:\PSU\Medica\Trisha Grubbs\++Roberts's Cases\Medical Cases\Administrative Complaint Cases\+£S0 cases\Moore, Robert L\456,072(1)(v) and 458.3341(1)(j)(2006)(2006-34313).doc 6 . . May 22 2007 16:43 MAY-22-2807 16:32 _ FL DEPT OF HEALTH §5@ 488 1855 P.14 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 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 _27th__ day of _April__, 2007. Ana M. Viamonte Ros, M.D., M.P.H. Secretary, Department of Health D. pf Swanson Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0678597 (850) 245-4640 Office (850) 245-4680 Facsimile PCP: April 27, 2007 PCP Members: Dr. €l-Bahri and Dr. Winchester J:\PSU\Medical\Trisha Grubbs\++Roberts's Cases\Medical Cases\Administrative Complaint Cases\+ESO cases\Moore, 7 Robert L\456.072(1)(v) and 458.331(1)(i)(2006)(2006-34313).dac . May 22 200° 16:43 ; MAY-22-2087 16:32 FL DEPT OF HEALTH 85@ 488 1855 P.15 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. J:\PSU\Medical\Trisha Grulbbs\+-+Roberts's Cases\Medical Cases\Administrative Complaint Cases\+ES0 cases\Moore, Robert L\456.072(1)(v) and 458.331(1)(j)(2006)(2006-34313).doc 8

Docket for Case No: 07-002311PL