May 22 2007 16:46 MAY-22-2887 16:35 FL DEPT OF HEALTH 854 488 1855 P.26 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Ww O7- 3313 Pe ~~ PETITIONER, Sy } S V. CASE NO. 2004-42153 ROBERT L. MOORE, M.D., RESPONDENT. ce 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. May 22 2007 16:46 MAY-22-282'7 16:35 FL DEPT OF HEALTH 95@ 498 1855 P.2? 3, Respondent's address of record is 755 43 Avenue, Vero Beach, Florida 32968. 4. On or about November 30, 2004, Patient S.T, a 28 year-old female, presented to Respondent for a prescription refill. 5. During the office visit of November 30, 2004, Respondent told S.T. that he was attracted to her and fantasized about her. He allegedly said to her, “All you have to do is put your head down, you won't have to move. I will rub your head and hair and shoulders and neck.” 6. ST. interpreted Respondent’s comments as a request for oral sex. 7. ST. then took the written prescription and fled Respondent’s 8. Section 456.072(1)(u), Florida Statutes (2004), 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). 9. Section 456.063(1), Florida Statutes (2004), states that sexual misconduct in the practice of a health care profession means violation of the professional relationship through which the health care practitioner May 22 200? 16:46 MAY~22-2087 16:36 FL DEPT OF HEALTH 658 488 1855 P28 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 care profession, Sexual misconduct in the practice of a health care profession is prohibited. 10. Section 458.331(1)(nn), Florida Statutes (2004), sets forth grounds for disciplinary action by the Board of Medicine for violating any provision of Chapter 458 or Chapter 456, or any rules adopted pursuant thereto, 11. Rule 64B8-9.008, Florida Administrative Code, sets forth the standards of practice for physicians, and defines sexual misconduct as follows: (1) Sexual contact with a patient is sexual misconduct and is a violation of Sections 458.329 and 458.331(1)(j), Florida Statutes. (2) For purposes of this rule, sexual misconduct between a physician and a patient includes, but it is not limited to: May 22 2007 16:47 MAY-32-2007 16:36 FL DEPT OF HEALTH 85@ 488 1855 P.29 (a) Sexual behavior or involvement with a patient including verbal or physical behavior which 1. May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it; 2. | May reasonably be interpreted as intended for the sexual arousal or gratification of the physician, the patient or any third Party; or 3. May reasonably be interpreted by the patient as being sexual. 12. Respondent engaged or attempted to engage in sexual misconduct by requesting oral sex from Patient S.T. 13. Based on the foregoing, Respondent violated Section 456.072(1) (u), Florida Statutes (2004), and/or Section 456.063(1), Florida Statutes (2004), and/or Section 458.331(1)(nn), Florida Statutes (2004), and/or Rule 64B8-+9.008, Florida Administrative Code, when Respondent May 22 2007 16:47 MAY-22-2887 16:36 FL DEPT OF HEALTH 854 488 1855 P.38 engaged or attempted to engage in sexual misconduct with F.P., or exercised influence within the patient-physician relationship when Respondent engaged S.T., or induced or attempted to induce S.T., to engage in verbal or physical sexual activity outside the scope of the professional practice or outside the scope of the generally accepted examination or treatment of S.T. WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penaities: 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. May 22 200? 16:47 MAY-22-2087 16:36 FL DEPT OF HEALTH 858 488 1655 P31 SIGNED this _27th_ day of _April__, 2007. Ana M. Viamonte Ros, M.D., M.P.H. Secretary of Health DRebert Swanson Assistant General Counsel DOH Prosecution Services Unit Fi E 4052 Bald Cypress Way, Bin C-65 OF HEALTH Tallahassee, FL 32399-3265 K Florida Bar # 0678597 iia 0 vd Vs eo (850) 245-4640 Office (850) 245-4680 Facsimile PCP: April 27, 2007 PCP Members: Dr. El-Bahri and Dr. Winchester May 22 200? 16:47 MAY-22-2007 16:37 FL DEPT OF HEALTH 858 488 1855 P32 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. TOTAL P.32

Docket for Case No: 07-002313PL