Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: ELY D. PELTA, M.D.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Lauderdale Lakes, Florida
Filed: Aug. 31, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 1, 2007.
Latest Update: Dec. 24, 2024
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
Vv.
ELY D. PELTA, M.D., CASE NO. 2006-32020
RESPONDENT.
ISTRATIV
COMES NOW the Petitioner, Department of Health, here
referred to as “Petitioner,” and files this Administrative Complaint
nafter
before
the Board of Medicine against Ely D. Pelta, M.D., hereinafter referred to as
“Respondent,” and alleges:
1. ‘Effective July 1, 1997, Petitioner is the state agency charged
with regulating the practice of medicine pursuant to Section 20.43, Florida
Statutes; Chapter 456, Florida Statutes, and Chapter 458, Florida Statutes.
Pursuant to the provisions of Section 20.43(3), Florida Statutes, the
Petitioner has contracted with the Agency for Health Care Administration to
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provide consumer complaint, investigative, and prosecutorial services
required by the Division of Medical Quality Assurance, councils, or boards,
as appropriate.
2. Respondent is and has been at all times material hereto a
licensed physician in the state of Florida, having been issued license
number ME 59840.
3. Respondent’s-dastknown address is 5551 N. University | Drive,
Suite 102, Coral Springs, FL 33067.
4. Respondent specializes in Psychiatry and Neurology.
5. In approximately April 2004, an adult female patient, Patient
A.N., presented to Respondent for anxiety, depression and alcohol abuse.
‘Over the course of Respondent's treatment of Patient A.N., he prescribed
several controlled substances listed as legend drugs as defined in Section
465,003(8), Florida Statutes, including, but not limited to, Ativan,
Trazodone and Wellbutrin.
6. During Patient A.N.’s second or third visit with Respondent in
approximately June or July 2004, Patient A.N. sat down on Respondent's
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lap while he hugged her by placing his arms around her torso.
Respondent told Patient A.N., “Maybe this is just what you need.”
7. Every time or the majority of times thereafter, Patient A.N.
would sit on Respondent's lap while he hugged her. Some incidents were
initiated by Patient A.N. and other incidents were initiated by Respondent's
verbal or nonverbal instructions and/or encouragement.
prea es
eee i
" 8. At some point early in his treatment of Patient A.N.,
Respondent would refer to Patient A.N.’s breasts as “his girls” and would
frequently state “Let me say goodbye to the girls” while hugging her ina
standing position when Patient A.N.'s sessions were concluding.
9. During one session that approximately occurred between
November 2004 and January 2005, Respondent made a comment to
Patient A.N. about the allegedly large size of his penis. Patient A.N.
responded “What do you mean?” as she initially believed she had misheard
Respondent. Respondent stated that “My penis is too large for your
frame”. Respondent stood up and removed his erect penis from his pants
and held it in one hand. Respondent stated, “Look, it is nine inches,’
Patient A.N. laughed and stated, “Put that thing away.” There were no
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further sexual comments or activities until the end of the session, when
Patient A.N. sat down on Respondent's lap while he “hugged” her.
10. - Patient A.N. did not initially report the preceding incident
oF
or
any further inappropriate behavior by Respondent as she was “depressed”
and was flattered by the sexual attention as she was undergoing difficulty
in her other personal relationships.
nc, Hog TS ote
11. Approximately one month later in a session that approximately
occurred between December 2004 and February 2005, Respondent started
playing music during the session from his computer. Respondent the
a
asked Patient A.N. to dance for him. Patient A.N. initially refused to dance
as she thought it was inappropriate to dance with other staff and patients
present in the building, but Respondent reassured her by stating “Sure you
can.” Patient A.N. danced by herself to the music at Respondent's
direction while he watched.
12. Approximately one month later in a session that approximately
occurred between December 2005 and March 2006, during Respondent's
hug of Patient A.N., he pulled her down onto the ground and “dry humped”
her by rubbing his clothed genitals on her clothed genitals.
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13. As Patient A.N, was unable to fully pay for all of her sessions, in
early 2005, Respondent began to forego all or partial payment for the
psychiatric sessions in exchange for neck massages administered by
Patient A.N.
14. The sexual activity did not proceed beyond the seated hugging
and neck massages again until approximately April or May 2005 when he
started fondling Patiérit'A.N.’s breasts either through the clothes or by
lifting her top in order to touch bare flesh. Respondent continued to
fondle Patient A.N.’s breasts during each or the majority of the subsequent
sessions.
15, During approximately late summer or early fall of 2005,
Respondent called Patient A.N. at home the day before her appointment to
pick up a controlled substance prescription. Respondent stated that he
“really needed a blowjob.”
16. | When Patient A.N. stopped in Respondent's office in order to
pick up her controlled substance prescription on the following day,
Respondent stated, “We need to discuss payment.” Patient A.N, stated
that she didn’t have any money and Respondent stated, “You know what I
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mean.” Patient A.N. responded that she was in a hurry and “laughed it off”
before she left.
17. During a session that approximately occurred between January
2006 and February 2006, during a discussion of her bill, Respondent told
Patient A.N., “Fuck the bill, I should forget everything and just fuck you
right here.” Respondent then proceeded to fondle Patient A.N.’s breasts
arid-bégait'to suck and lick her breasts. Respondent then pulled Patient ~~7""""””
‘ A.N. down onto the ground and “dry humped” her by rubbing his clothed
genitals on her clothed genitals.
18. During a session that approximately occurred between
February 2006 and March 2006, after Respondent had “hugged” Patient
A.N. and commenced fondling, licking and sucking her breasts, Patient A.N.
initiated oral sex by placing her mouth over Respondent's erect penis}
Respondent pulled Patient A.N. onto his unclothed lap and attempted) to
penetrate her, however Patient A.N. was “not ready” for penetrative sexual
activity and left the session.
19, During the following session that approximately occurred in
April 2006, after Respondent “hugged” Patient A.N. and had fondled, |licked
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and sucked Patient A.N.’s breasts, Patient A.N. stood up in order to place a
call to her mother to ask for transportation from Respondent's office.
Patient A.N. leaned over Respondent's desk in order to pick up the phone
and Respondent moved behind her. Respondent placed one hand
underneath her shirt in order to fondle Patient A.N.'s breast and placed one
hand on top of her vagina. Respondent proceeded to fondle her breast
and clothed vagina while rubbing his clothed.genital area on her clothed
buttocks.
20. Following this incident, Respondent's sexual activity did not
advance beyond fondling, licking and sucking Patient A.N,’s breasts as
Patient A.N. became concerned about carrying on a penetrative sexual
relationship with Respondent.
21. During a session that approximately occurred between June
2006 and July 2006, after Patient A.N. went to leave the office without
their customary hugging while she was seated on Respondent's lap,
Respondent stated “If you want this you have to come get it.” Respondent
then held up Patient A.N.'s controlled substance prescription. When Patient
A.N. stated that she did not understand what he meant, Respondent
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stated, “If you want your prescription you have to come over here.”
Patient A.N. then sat down on Respondent's lap while he proceeded
fondling, licking and sucking her breasts,
22. Patient A.N.'s final visit was on or about August 8, 2006, as
she had become uncomfortable with the control he exhibited over her.
COUNT ONE
23. Petitioner realleges’ and incorporates paragraphs one (1)
through twenty-two (22), as if fully set forth herein this Count One.
24, Section’ 458.331(1)(j), Florida Statutes (2003)(2004)(2005) .
(2006), provides 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. The statute also|states
that a patient shall be presumed to be incapable of giving free, full, and
informed consent to sexual activity with his or her physician.
25. Respondent exercised influence within a patient-physician
relationship for purposes of engaging a patient in sexual activity in one or
more of the following ways:
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a) By demanding that Patient A.N. dance for him in return
for continuing treatment; |
b) By requiring Patient A.N. to sit on his lap and submit to
hugs wherein he wrapped his arms around her torso in |return
for continuing treatment and/or partial or full discounts for
medical treatment;
¢) By fondling Patient A.N,’s breasts in return for confiftirig
treatment and/or partial or full discounts for medical treatment;
d). By requiring and/or receiving massages from Patient A.N.
in return for continuing treatment and/or partial or full
discounts for medical treatment;
e) ‘By stating that Patient A.N. was required to hug him in
return for his issuance of prescriptions for controlled
medications;
f) By requesting oral sex from Patient A.N. in return for
continuing treatment and/or partial or full discounts for medical
treatment;
g) By “dry humping” Patient A.N. wherein he rubbed. his
clothed genitals on Patient A.N.’s clothed genitals in return for
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continuing treatment and/or partial or full-discounts for medical
treatment;
h) By attempting to initiate penetrative sexual activity with
Patient A.N. in return for continuing treatment and/or partial or
full discounts for medical treatment;
i) By rubbing Patient A.N.’s clothed vagina with his hand in
return for continuing treatment and/orpasialor full discounts
for medical treatment;
k) By rubbing his genitals on Patient A.N.’s buttocks in return
for continuing treatment and/or partial or full discounts for
medical treatment;
1) By licking and sucking Patient A.N.’s breasts in return for
continuing treatment and/or partial or full discounts for medical
treatment; |
m) And/or by engaging in oral sex with Patient A.N. wherein
she placed Respondent's penis in her mouth in return for
continuing treatment and/or partial or full discounts for medical
treatment.
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26. Based on the foregoing, Respondent violated Section
458.331(1)(j), Florida Statutes (2003)(2004)(2005)(2006), by exercising
-influence within a patient-physician. relationship for purposes of engaging a
patient in sexual activity,
COUNT TWO
27, Petitioner realleges and incorporates paragraphs one (1)
through twenty-two (22), as if fully see torth herein this Count Two.
28. Section 458.331(1)(nn), Florida Statutes (2003)(2004)(2005)
(2006), provides that violating any provision of Chapter 456 or Chapter
458, or any rules adopted pursuant thereto, constitutes grounds for
disciplinary action by the Board of Medicine.
29. Rule 64B8-9,008, FA.C. (2003)(2004)(2005)(2006), provides in
part;
(1) Sexual contact with a patient is sexual misconduct and is |a
violation of Sections 458.329 and 458,331(1)(j), FS.
(2) For purposes of this rule, sexual misconduct between ja
physician and a patient includes, but it is not limited to:
(a) Sexual behavior or involvement with a patient including
verbal or physical behavior which
1. May reasonably be interpreted as romantic pedal i
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 th
sexual arousal or gratification of the physician, the patient
or any third party; or
co]
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his treatment of Patient A.N. in one or more of the following ways;
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3. May reasonably be interpreted by the patient as being
sexual.
(7) A patient’s consent to, initiation of, or participation in sexual
behavior or involvement with a physician does not change the
nature of the conduct nor lift the statutory prohibition.
30. Respondent engaged in sexual misconduct during the course of
a) By demanding that Patient A.N, dance for him;
b) — By requiring Patient A.N. to sit on his lap and submit to
hugs wherein he wrapped his arms around her torso;
c) — By fondling Patient A.N.’s breasts; —
d) ‘By receiving massages from Patient A.N.;
e) By “dry humping” Patient A.N. wherein he rubbed his
clothed genitals on Patient A.N.'s clothed genitals;
f) By attempting to initiate penetrative sexual activity with
Patient A.N;
g) By rubbing Patient A.N.'s clothed vagina with his hand;
h) By rubbing his genitals on Patient A.N.’s buttocks;
i) By licking and sucking Patient A.N.’s breasts;
«1]2-
secrete
al
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k) And/or by engaging in oral sex with Patient A.N. wherein
she placed Respondent's penis in her mouth.
31. Based on the foregoing, Respondent violated Section
458.331(1)(nn), Florida Statutes (2003)(2004)(2005)(2006), by engaging
in sexual misconduct during his treatment of Patient A.N. in violation of
Rule 64B8-9.008, F.A.C, (2003)(2004)(2005)(2006).
COUNT THREE
32. Petitioner realleges and incorporates paragraphs one (1)
through twenty-two (22), as if fully set forth herein this Count Three.
33. Section 458.331(1)(), Florida Statutes (2003)(2004)(2005)
(2006), provides that gross and repeated malpractice or the failure to
practice medicine with that level of care, skill and treatment which is
recognized by a reasonably prudent similar physician as being acceptable
under similar conditions and circumstances, constitute grounds for
disciplinary action by the Board of Medicine.
34. Respondent failed to practice medicine with that level of care,
skill, and treatment which is recognized by a reasonably prudent similar
physician as being acceptable under similar conditions and circumstances, in
that in one or more of the following ways, Respondent:
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a) By demanding that Patient A.N. dance for him in return
for continuing treatment;
b) = By requiring Patient A.N. to sit on his lap and submit to
hugs wherein he wrapped his arms around her torso in jreturn
for continuing treatment and/or partial or full discounts. for
medical treatment; ,
c) By fondling Batient A.N.’s breasts in return for continuing
treatment and/or partial of full discounts for medical treatment;
d) ) By requiring and/or receiving massages from Patient AN,
‘in return for continuing treatment and/or partial or full
discounts for medical treatment;
e) By stating that Patient A.N. was required to hug him in
return for his issuance of prescriptions for controlled
medications;
f) By requesting oral sex from Patient A.N. in return for
continuing treatment and/or partial or full discounts for medical
treatment;
g) By “dry humping” Patient A.N. wherein he rubbed his
clothed genitals on Patient A.N.’s clothed genitals in return for
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continuing treatment and/or partial or full discounts for medical
treatment;
h) By attempting to initiate penetrative sexual activity with
Patient A.N. in return for continuing treatment and/or partial or
full discounts for medical treatment;
D) By rubbing Patient A.N.’s clothed vagina with his hand in
. fetuenefor continuing treatment and/or partial or full discounts
for medical treatment:
k) By rubbing his genitals on Patient A.N.’s buttocks injreturn
for continuing treatment and/or partial or full discounts for
medical treatment;
1) ‘By licking and sucking Patient A.N.’'s breasts in return for
continuing treatment and/or partial or full discounts for medical
treatment;
m) By engaging in oral sex with Patient A.N, wherein she
placed Respondent’s penis in her mouth in return for continuing
treatment and/or partial or full discounts for medical treatment;
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n) By stating during the discussion of Patient A.N/‘s bill,
“Fuck the bill. I should forget everything and just fuck you
right here,”;
0) By stating, implying and/or insinuating that his continued
treatment of Patient A.N. was predicated upon her engaging in
sexual and/or inappropriate behavior;
. Pp) By stating, implying and/or insinwat®ietHat Patient A.N.
could not receive a prescription for a controlled med cation
without her engaging in sexual behavior; .
q) By stating, implying and/or insinuating that she was
physically incapable of participating in sexual activity with him
during the course of his treatment of Patient A.N/’s anxiety,
depression and alcohol abuse when he stated “My penis] is too
large for your frame.”
r) . By showing Patient A.N. his unclothed penis during the
course of his treatment of Patient A.N’s anxiety, depression and
alcohol abuse;
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s) By referring to Patient A.N.’s breasts as “his girls” during
the course of his treatment of her anxiety, depression and
alcohol abuse.
t) And/or by removing and/or moving articles of Patient
A.N.’s clothing inconsistent with his treatment of her anxiety,
depression and alcohol abuse.
35. Based on the foregoinas#eesondent has violated Section
458,331(1)(t), Florida Statutes (2003}(2004)(2005)(2006), by failing to
practice medicine with that level of care, skill, and treatment which is
recognized by a reasonably prudent similar physician as being acceptable
under similar conditions and circumstances. .
WHEREFORE, the Petitioner respectfully requests the Board of
Medicine enter an order imposing one or more of the following penalties:
permanent revocation or suspension of the Respondent's license,
restriction of the Respondent’s practice, imposition of an administrative
fine, issuance of a reprimand, placement of the Respondent on probation,
the assessment of costs related to the investigation and prosecution of this
case as provided for in Section 456.072(4), Florida Statutes, and/or any
other relief that the Board deems appropriate.
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SIGNED this 3) day of Lit Me , 2007.
Ana M Viamonte Ros, M.D., M.P.H,
Secretary, Department of Health
BZA
Warren James Pearson —
Assistant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
Florida Bar No.: 0711578
(850) 245-4640
(850) 245-4681 Facsimile
pcp: 7/21/07
' PCP Members: B-baher, Juemee-, Fm
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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,
mse?
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.
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Docket for Case No: 07-003986PL
Issue Date |
Proceedings |
Nov. 01, 2007 |
Order Closing File. CASE CLOSED.
|
Oct. 31, 2007 |
Motion to Relinquish Jurisdiction filed.
|
Oct. 19, 2007 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 15 and 16, 2008; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Oct. 18, 2007 |
Notice of Taking Deposition filed.
|
Oct. 16, 2007 |
Corrected Motion for Continuance filed.
|
Oct. 15, 2007 |
Motion for Continuance filed.
|
Oct. 15, 2007 |
Notice of Deposition filed.
|
Oct. 10, 2007 |
Notice of Subpoenas Duces Tecum to Non-parties filed.
|
Oct. 03, 2007 |
Respondent`s Response to Petitioner`s First Request for Admissions filed.
|
Sep. 28, 2007 |
Notice of Serving Petitioner`s First Request for Interrogatories, Admissions and Production filed.
|
Sep. 26, 2007 |
Notice of Appearance of Co-counsel (filed by J. Londot).
|
Sep. 25, 2007 |
Respondent`s Notice of Service of First Set of Interrogatories to Petitioner, Department of Health, Board of Medicine filed.
|
Sep. 25, 2007 |
Notice of Service of Respondent`s First Request for Production of Documents to Petitioner filed.
|
Sep. 12, 2007 |
Order of Pre-hearing Instructions.
|
Sep. 12, 2007 |
Notice of Hearing by Video Teleconference (hearing set for November 7 and 8, 2007; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Sep. 12, 2007 |
Joint Response to Initial Order filed.
|
Sep. 04, 2007 |
Initial Order.
|
Aug. 31, 2007 |
Notice of Appearance and Election of Rights (filed by J. Gallagher).
|
Aug. 31, 2007 |
Administrative Complaint filed.
|
Aug. 31, 2007 |
Agency referral filed.
|
Aug. 31, 2007 |
Notice of Appearance (filed by W. Pearson).
|