Nov 20 200? 9:37 Nov 20 2007 10:37 P.02 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. _ - CASE NO. 2006-00860 ~ CARLOS M. BARROSO, M.D., . - RESPONDENT. on , COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, dnd files this Administrative Complaint before the Board of Medicine against the Respondent, Carlos M. Barroso, 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. Respondent's address of record is P.O. Box 660074, Miami Springs, Florida 33266. 3. Respondent is not board certified. _Carlos M, Burroso, M.D., Case 2006-00860 _ 3 re: 62-2 Nov 20 200° 9:37 Nov 20 2007 10:38 P.03 4. — At all times material to this complaint, Respondent was a . licensed physician within the State of Florida, having been issued license number 45745, | 5. On or about November 21, 2005, Patient PM, a twenty-eight (28) year-old fernale, presented at the-Centro Medico Las Americas (MIA) dinici in Hialeah, Florida, She was examined by Respondent. 6. Patient P.M. complained of joint pain in her hands and knees, ear discomfort and periodic fever. She told Respondent that she had breast implants because she thought that. might be a factor relating to the pain. : He questioned her about her Sex life and she stated that it was not frequent. Respondent performed a gynecologic exam while accompanied by a female nurse and ordered lab tests and x-rays. 7.. The next day Respondent telephoned Patient P.M. on her cellular phone, She asked if something was wrong with her tests and he responded in the negative and then asked if she wanted a job. He offered her work at a plastic surgery clinic as a receptionist. He told her that her implants were beautiful. She explained that she did not speak English and he said that was not a problem. Patient P.M. requested the address to the Carlos M. Barroso, M.D., Case 2006-00860 2 Nov 20 2007 9:37 Nov 20 2007 10:38 P.04 clinic and Respondent indicated that he would call back in an hour to provide details and hung up. ) . 8. Patient PM. telephoned her sister but within a few minutes, Respondent called again. He was breathing -heavily and his tone of voice had changed, Respondent told Patient P.M. that he wanted to touch her breasts. Patient P.M. told him that he could get into trouble for his behavior and he hung up. She immediately called her husband and reported the incident. 9. Respondent called several more times throughout the evening leaving voice messages. He apologized and gave details about the job. He asked that she meet him at an address in Hialeah. Respondent told her to wear a mini-skirt, shave the hair on her body and genital area and to wear lots of make-up and high heels. He said that he would interview her at his home Iater in the evening. 10, Patient P.M. and her husband went to the Hialeah Police Department to file a complaint. She was told that unless Respondent physically or sexually violated her or continued to call/harass her, he had not yet committed a crime. She was told not to go to his house or see him at the clinic. Carlos M. Barroso, M.D., Case 2006-00860 3 Nov 20 2007 9:37 Nov 20 2007 10:38 P.05 11. Patient P.M. contacted an ‘attorney and was given similar information. Respondent continued to call and. she did not answer the telephone. . 12. On or about November 24, 2005, on Thanksgiving Day, Respondent called and Patient P.M. declined the job offer. Nonetheless, Respondent continued to call leaving voice messages. One day he cailed 7 her at midnight. She became frightened because he had access to her . medical/personal information. 13. Patient PM. called CMLA to obtain her test result and requested not to be seen by Respondent. She was advised to:go to another location. On or about January 6, 2006, Patient P.M. presented at CMLA in Pembroke Pines and spoke with a Medical Assistant who told her to talk to report the - Incident to CMLA Customer Service which she did. , 14, Section 456.072(1)(u), Florida Statutes (2005), provides that engaging or attempting to engage in sexual misconduct as defined and prohibited in s. 456.063(1), is grounds for discipline by the Board of Medicine. Section 456.063( 1) states that sexual misconduct in the practice of a health care professional means violation of the professional relationship through which the health care practitioner uses such Carlos M. Barroso, M.D., Case 2006-00860 . 4 Nov 20 200° 9:38 Nov 20 2007 10:38 P.06 relationship to engage or attempt to engage the patient 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 a health care - profession. _ 15. Section 458.331(1)(j), Florida Statutes. (2005), provides that exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity is grounds for discipline by the Board of Medicine. . | 16. .Respondent engaged or attempted to engage in sexual _ misconduct or exercised influence within.a patient- physician relationship for purposes of engaging a patient in sexual activity in one or more of the following ways: a. By inappropriately telling Patient P.M. that her breast implants were beautiful; b. By inappropriately breathing heavily into the phone. ‘and telling Patient P.M. that he wanted to touch her breasts; c. By inappropriately calling Patient P.M. several more times leaving voice messages including asking that she Carlos M. Barroso, M.D., Case 2006-00860 ; $ Nov 20 200? 9:38 Nov 20 2007 10:39 P.07 meet him at an address in Hialeah; inappropriately telling her to wear a mini-skirt, shave the hair on her body and genital area and to wear lots of make-up and high heels; and/or inappropriately : stating that he would interview her at his home later in the evening; d. By inappropriately calling Patient P.M, on or about November 24, 2005, and continuing to call leaving voice messages; inappropriately calling her at midnight; and/or inappropriately frightening her because he had access to her medical/personal information. 17. Based on the foregoing, Respondent has violated Section 456.072(1)(u), Florida Statutes (2005), by engaging or attempting to engage in sexual misconduct as defined and prohibited in s. 456.063(1) andfor violated Section 458.331(1)(j), Florida Statutes (2005),. by exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: Carlos M. Barroso, M.D., Case 2006-00860 6 Nov 20 2007 9:38 Nov 20 2007 10:39 P.08 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 22/7 _ day of Ghacotisd 2006, M, Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department.of Health Glace tg F oa LED wh ring Levine DEPART MENT F HEAL Assistant General Counsel cueme st DOH-Prosecution Services Unit ites 4052 Bald Cypress Way-:Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar # 0822957 (850) 245-4640, ext 8128 (850) 245-4680 fax PCP: Deces he UL, Woole PCP Members: El- Bahri, Vi jayamaar, Duches Carlos M. Barroso, M.D., Case 2006-00360 Nov 20 200? 9:38 Nov 20 2007 10:39 P.09 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 witriesses and to have subpoena and subpoena _ duces 'tecum issued on his or her behalf if a hearing is requested. ASSESSMENT 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. Carlos M. Barroso, M.D., Case 2006-00860 8

Docket for Case No: 07-005311PL