SEP-10-2087 89:38 Sep 10 200? = 9:22 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, CASE NO. 2005-51473 Vv. ERIC INNES, D.C., RESPONDENT, ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Eric Innes, 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 chiropractic physician within the state of Florida, having been issued license number CH 5493 on or about March 3, 1987. 3. Respondent’s address of record is 19626 U.S. Highway 1 Tequesta, Florida 33469. 4, On or about March 8, 2005, federal prosecutors filed an indictment against the Respondent charging him with three counts of income tax evasion. Among other things, the Respondent was charged failing to file tax returns for his business, J:\P5U\Medical\Tobey\_C A S E S\INNES, Eric Herbert\Innas.a.c .DOC 1 SEP-1a-2007 @9:38 Sep 10 2007 922 P26 Natural Balance Chiropractic Corp, and using corporate checks to pay personal expenses to avoid income tax liability. S. On or about December 5, 2005, the jury found Respondent guilty with regards to all three counts of tax evasion contained in the indictment. 6. On March 31, 2006, the Respondent was sentenced to thirty-six (36) months in prison followed three (3) years of supervised release. Count One 7, Petitioner re-alleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein. . 8. Section 460.413(1)(c), Florida Statutes (2005), subjects a chiropractic physician to discipline for being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of chiropractic medicine or to the ability to practice chiropractic medicine. Section 460.413(1)(c), Florida Statute also provides that “{a]ny plea of nolo contendere shall be considered a conviction for purposes of this chapter.” 9. Chiropractic physicians are authorized to examine, analyze, and diagnose the human living body and its diseases by the use of any physical, chemical, electrical, or thermal method; use the X-ray for diagnosing; phlepotomize; and use any other general method of examination for diagnosis and analysis taught in any schoal of chiropractic, and chiropractic physicians may adjust, manipulate, or treat the human body by manual, mechanical, electrical, or natural methods; by the use of physical means or physiotherapy, including light, heat, water, or exercise; by the use of acupuncture; or by the administration of foods, food concentrates, food extracts, and 2:\PSU\Medical\Tobey\__C A SE S\VINNES, Eric Herhert\Lnnes.a.c,.DOC > SEP-19-2087 99:38 Sep 10 2007 = 9:25 P.a? items for which a prescription is not required and may apply first aid and hygiene. Thus chiropractic physicians are responsible for diagnosing and treating patients with a wide range of serious medical conditions. Due to the gravity of these responsibilities, chiropractic physicians must possess good judgment and good moral character in order to perform their professional responsibilities. 10. Income tax evasion by its very nature involves fraud and deceit. As such, Respondent's convictions for income tax evasion demonstrate that he does not possess the mental fitness and amotional stability to safely practice as a chiropractic physician. 11, Respondent further violated the public trust placed in him as a licensed health care professional as evidenced by the fact he utilized his professional health care business, Natural Balance Chiropractic Corp., to assist in his scheme to evade tax . payments. Specifically, Respondent fraudulently issued checks from Natural Balance Chiropractic Corp, for personal rather than corporate use. 12. As such Respondent's convictions for income tax evasion are crimes that either directly relate to the practice or the ability to practice chiropractic medicine. 13. | Based on the Foregoing, Respondent has violated Section 460.413(1)(C), Florida Statutes (2005). Count Two 14. Petitioner re-alleges and incorporates paragraphs one (1) through six (6) as if fully sat forth herein. 15. Section 456.072(1)(c), Florida Statutes (2005), subjects a licensee to discipline for being convicted or found guilty of, or entering a plea of guilty or nolo 3:\PSU\Medical\Tobey\_C ASE SNINNES, Eric Herbert\innes.a.c..DOC 3 SEP-10-2007 99:39 Sep 10 200° 9:25 contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession. 16. Chiropractic physicians are authorized to examine, analyze, and diagnose the human living body and its diseases by the use of any physical, chemical, electrical, or thermal method: use the X-ray for diagnosing; phlebotomize; and use any other general method of examination for diagnosis and analysis taught in any school of chiropractic, and chiropractic physicians may adjust, manipulate, or treat the human body by manual, mechanical, electrical, or natural methods; by the use of physical means or physiotherapy, including light, heat, water, or exercise; by the use of acupuncture; or by the administration of foods, food concentrates, food extracts, and iterns for which a prescription is not required and may apply first aid and hygiene. Thus : chiropractic physicians are responsible for diagnosing and treating patients with a wide range of serious medical conditions. Due to the gravity of these responsibilities, chiropractic physicians must possess good judgment and good moral character in order to perform their professional responsibilities. 17. Income tax evasion by its very nature involves fraud and deceit. As such, Respondent's convictions for income tax evasion demonstrate that he does not possess the mental fitness and emotional stability to safely practice as a chiropractic physician. 18. Respondent further violated the public trust placed in him as a licensed health care professional as evidenced by the fact he utilized his professional health care business, Natural Balance Chiropractic Corp., to assist in his scheme to evade tax payments. Specifically, Respondent fraudulently issued checks from Natural Balance Chiropractic Corp, for personal rather than corporate use. I:\PSU\Medical\Tobey\_C ASE 5\INNES, Eric Herbert\innes.a.c_DOC 1 4 SEP-18-2087 9:39 Sep 10 2007 9225 19, As such Respondent's convictions for income tax evasion are crimes that elther relate to the practice or the ability to practice chiropractic medicine. 20. Based on the Foregoing, Respondent has violated Section 456.072(1)(c), Florida Statutes (2005), by being found guilty of three counts of income tax evasion on December 5, 2005. WHEREFORE, the Petitioner respectfully 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, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 27% day of_Octur "_, 2006. M. Rony Frangois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health LED DEPARTMENT OF HEALTH =~ PUTY CLERK me CLERK: Tobéy Sc! pate \O/ ID Assistant Géneral Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 _ Florida Bar # 0542131 (850) 245-4444 ext. 8176 (850) 245-4681 FAX PCP: lay foe Kirby Wellsen. 7:\PSU\Medical\Tobey\___C A S E S\INNES, Eric Herbert\Innes.a.c..DOC 5 SEP-18-2087 9:39 Sep 10 2007 9#24 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. 3: \PSU\Medical\ Tobey\_© A'S E S\INNES, Eric Herbert\innes.a.c..DOC 6

Docket for Case No: 07-004054PL