Dec 10 2007 16:13 Dec 10 2007 17:13 P.O5 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, ve CASE NO. 2005-60617 ALLAMM MORALES, M.D., RESPONDENT. / 1D T VE COMP IT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Allamm Morales, M.D., and in support thereof alleges: 1. Patitioner 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 86321. Respondent is not board certified. if JOU EU Medina! DH «1b Pingteases Monies. (AOL PRAG Momics AC dies Dec 10 2007 16:13 Dec 10 2007 17:14 P. 06 3. Respondent's address of record is 3140 N.W. Medical Center Lane, Suite 100, Lake City, Florida 32055. 4, Oncr about July 20, 2005, Patient J.M.L, who, at the time, was a 20-year old female, presented to Respondent at his office for her first appointment. Patient J,M.L. was referred to Respondent for treatment of migraine headaches. During ‘the appointment, Respondent told Patient J.M.L. that she was very beautiful. He ordered a C.T. scan for Patient J,M.L. and scheduled a follow-up appointment for her. , 5. On of about August 3, 2005, Patient J.M.L. again presented to Respondent at his office in order to obtain the results of her C.T. scan, Respondent met with Patient J.M.L. alone in an examining room. Respondent told Patient J.M.L, that her C.T. scan results were normal. 6. On that August 3, 2005 visit, Respondent performed a general ‘examination placing a stethoscope on Patient J.M.L.'s chest and back. Respondent then instructed Patient J.M.L. to move to another examining room, Patient J.M.L. was again alone with Respondent in the room. 7. Respondent lifted Patient J.M.L’s shirt rubbing Patient J.M.L. on the stomach, asking Patient J.M.L. if it hurt. J PSU Mealienl DHP CDP Pinedcunes Morales, Q8-600 17 PEM Morales AC doe Dec 10 2007 16:13 Dec 10 2007 17:14 P.O? 8. Respondent instructed. Patient J.M.L to close her eyes and began touching and/or rubbing her feet and arms, and asking her how those parts of her body felt. , 9, Respondent again lifted Patient J.M.L’s shirt and began rubbing her back. Respondent continued rubbing Patient 3.M.L. dawn her back and pulled down her pants; approximately 3-4 inches, exposing part of her buttocks, rubbing her buttocks area. 10. Respondent then asked Patient J.M.L, to go back to the original examining room, in which he was again alone with her. 11. Respondent began to run his fingers through Patient J.M.L.’s hair telling her that she was beautiful. Respondent then moved his chair close to Patient J.M.L., asked her if she was married, when she said no, he asked her if she had a boyfriend. Respondent told Patient J.M.L. again that she was beautiful and he reached for her hand. 12. Respondent asked Patient J.M.L. when her next appointment was and, when she told him, Respondent indicated that he had to see her before then and asked what she was doing that weekend. 13. Respondent told her again that she was beautiful, and ran his fingers through her hair, telling her that her hair was beautiful. GAR het UEP MPawsleawe s Monales, GS-60e)7 Bit Biamales St dee Dec 10 2007 16:14 Dec 10 2007 17:14 P. 08 Respondent began rubbing/caressing Patient J.M.L.s arm and telling her that she had beautiful skin, 14. Respondent asked Patient J.M.L. again when he would see her. When she responded that it would be during her next appointment, Respondent said that hei had to see her before then. Respondent stated, “I have to see you next week and take you out.” Respondent then asked J.M.L. what she was doing the next week. Patient J.M.L. told him that'she was busy the next week, - 15. Respondent then kissed Patient J.M.L. on her forehead and cheeks, while telling her he had to see her and asking if he could have her telephone number or if he could give her his telephone number. 16. Respondent then tried repeatedly to kiss Patient J.M.L. on the forehead and lips and asked her why she would not let him kiss her when she put her hands in front of her mouth and told him he could not kiss her. 17, Respondent inappropriately exercised influence within a patient-physician ‘relationship with Patient J.M.L. for the purpose of engaging her in sexual activity, not for any iegitimate medical purpose. 18. Section 458.329, Florida Statutes, (2005) states the physician- patient relationship is founded on mutual trust. Sexual misconduct in the ToPSE Adoation! RAP LESH Mineaigapes Mewolis, (4600097 FM beiarades fon Dec 10 2007 16:14 Dec 10 2007 17:14 P.09 practice of medicine means violation of the physician-patient relationship through which the physician uses this relationship to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity - outside the scope of the practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of medicine is prohibited. SEXUAL MISCONDUCT | 19. .. Petitioner realleges and incorporates paragraphs one (4) _ through eighteen (18) as if fully set forth herein. 20.° Section 456.072(1)(u), Florida Statutes (2005), sets forth grounds for disciplinary action for engaging or attempting to engage in sexual misconduct as defined and prohibited by Section 456.063(1), Florida Statutes (2005). 24. Section 456.063(1), Florida Statutes (2005), 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 or attempt to engage the patient or client in, cy to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of bbe hhedea! DT © DHSinevesses Mantle, Q3e000 77 M7 Nebewitler AN abo Dec 10 2007 16:14 Dec 10 2007 17:18 P.10 e @ such health care profession. Sexual misconduct in the practice of a health .care profession is orohibited. 22. Respondent committed sexua! misconduct in one or more of the following ways: (a) By rubbing and/or touching Patient J.M.L’s feet, back and/or buttocks on or about August 3, 2005; (b) by running his fingers through Patient J.M.L’s hair on or about August 3, 2005; (c) by kissing Patient J.M.L. on her forehead and cheeks on or about August 3, 2005; (d) by making comments to Patient J.M.L’s about Patient J.M.L/s physical attractiveness, on or about July 20, 2005, and/or August 3, 2005 ; and or (e) _ by insisting Patient J.M.L. go out with him socially, while conducting a medical examination in his medical office. 23, Based on the foregoing, Respondent violated 456.072(1)(u), Fiorida Statutes (2005), by engaging or attempting to engage Patient 3.ML. in sexual activity, by committing one or more of the acts listed in paragraph 22 and its subsections above. ‘ LOPE Medica! DHE 4H Pmedeises Motalys, G4-60617 PIM Morgter AC Ge Dec 10 2007 16:14 Dec 10 2007 17:15 P.11 COUNT II EXERCISING UNDUE INFL E 24, Petitioner realleges and incorporates paragraphs ‘one (1) through eighteen (18) as if fully set forth herein. 25: Section 458.334(1)(j), Florida Statutes (2005), sets forth grounds for disciplinary action by the Board of Medicine for exercising influence within a patlent-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 her physician. 26. Respondent exercised influence within the patient-physician relationship for purposes of engaging Patient J.M.L. in sexual. activity, or used his professional relationship to engage or attempt to engage Patient 3,M.L., or to induce or attempt to induce Patient J.M.L, 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 rubbing and/or touching Patient J.M.L's feet and/or buttocks on or about August 3, 2005; {b) by running his fingers through Patient 3.M.L’S hair on or about August 3, 2005; CONSE Meadical DHE sf iPmedcaays Meritles. GA-O0i PRA Marilee Sh sk Dec 10 2007 16:15 Dec 10 2007 17:18 P.12 (c) by kissing Patient J.M.L. on her forehead and cheeks on or about August 3, 2005; (d) by making comments to Patient J.M.L/s about Patient’s J.M.L’s physical attractiveness on or about July 20, 2005 and/or August 3, 2005; and or (e) _ by insisting Patient J.M.L. go out with him socially, while conducting 3 medical examination in his medical office. 27. Based on the foregoing, Respondent violated 458.33(1)(j), . Florida Statutes (2005), by exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity, when Respondent committed one of the acts listed above in paragraph 26 and its "subsections. WHEREFORE, the 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. LP RLM Teghoal DENT DE famedvapers Mfavtales, GReMth0 17 PEG Metco ules, Dec 10 2007 16:15 Dec 10 2007 17:18 P.13 SIGNED this [81 aay of Sap hen bw , 2007. Ana M. Viamonte Ros, M.D. M.PH. Surgeon General, State of Florida Dorys H. Penton Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 ‘ Tallanassee, Florida 32399-3265 . Lew i Florida Bar No.: 0540080 DEPARTMENT OF HEALTH (850) 245-4640 Telephone PUTY CLERK , (850) 245-4683 Facsimile CLERK: DATE 20-07 PCP: September 14, 2007 PCP Members: Leon, Bearison and Beebe bostedtign) DTP yitnesdeiges Mergailys 8-9 19 THEM labret Maley Dec 10 2007 16:15 Dec 10 2007 17:18 P14 DOH v. ALLAMM MORALES, M.D. —- DOH CASE NO. 2005-60617. 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. . SRE Adealieal DEP Del Breuer Meraies, Uae b? PPS Momihe A ale Dec 10 2007 16:15 Dec 10 2007 17:16 P.15 @ @ STATE OF FLORIDA ; DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. | . CASE NO.: 2005-60617 ALLAMM MORALES, MD, RESPONDENT. Respondent, Allamm Morales, M.D., by undersigned counsel, appears and answers the Administrative Complaint, dated September 17, 2007, and received September 28, 2007, as follows: 1, The allegations in paragraph 1 are admitted. 2. The allegations in paragraph 2 are admitted. 3. Denied. Respondent's address of record is 704 Doctors Court, Suite 101, Leesburg, FL 34748. 4, The allegations in paragraphs 4 through 18 are denied. COUNT I EXU CONDU 5. As to paragraph 19, Respondent reasserts his responses to paragraphs | through 18 as fully set forth above. 6. The allegations in paragraphs 20 through 23, including all parts and subparts, are denied, Dec 10 2007 16:15 Dec 10 2007 17:16 P.16 COUNT II ; EXERCISING UNDUE INFLUENCE 7. As to paragraph 24, Respondent reasserts his responses to paragraphs | through 18, as fully set forth above. | 8. The ellegations in paragraphs 25 through 27, including all parts and subparts, are denied. REQUEST FOR FORMAL HEARING Respondent requests a formal administrative hearing and in support would show the following: 1. Respondent is Allamm Morales, M.D., a resident of 9401 San Miguel, Howey in the Hills, Florida 34737. For purposes of this proceeding, Dr. Morales’ address is that of his undersigned counsel. | 2. The agency affected by this request is the Department of Health, 4052 Bald Cypress Way, Bin C-65, Tallahassee, Florida 32399-1701. 3. Dr, Morales received notice of the Administrative Complaint on September 28, 2007. , This request is timely. 4, Dr. Morales’ interests are adversely affected by the Administrative Complaint because it seeks to impose sanctions on his license to practice as.a medical doctor in Florida. 5. Dr. Morales disputes the allegations of misconduct in the Administrative Complaint, and affirmatively alleges that no misconduct occurred on his part in the course of treatment provided to patient J.M.L. Dr. Morales reserves the right to raise additional defenses after discovery is complete. Dec 10 2007 16:15 Dec 10 2007 17:16 PL? 6. As ultimate facts, it is Dr. Morales’ position that the care he gave to patient J.M.L. was appropriate under all of the material circumstances and that he engaged in none of the miscoriduct alleged in the Administrative Complaint, | 7. Dr. Morales has been required to retain undersigned counsel and will incur attorneys’ fees and costs in defending himself in this proceeding, He requests an award of attorneys’ fees and costs upon his successful completion of his defense. | 8. Dr, Morales is entitled to relief pursuant to Florida Statute § 120.57(1). 9, Dr. Morales specifically requests that as part of the formal hearing Petitioner be ' required to offer proof of any costs allegedly incurred on its part’ from the investigation and prosecution of this matter, and that Petitioner be required to submit proof of the reasonableness of any alleged costs before said costs are either recommended or imposed pursuant to Fla. Stat. § 456.072. ! 10. Penalties, costs and attorney’s fees claimed under Fla. Stat. § 456.072, are punitive in nature, and may not be imposed without Respondent's opportunity for discovery, hearing, cross- examination and judicial review, Such due process, if denied, would make any assessment under Fla. Stat. § 456.072 unconstitutional. 11. _Dr. Morales requests that the Administrative Comrlaint be dismissed, or, in the altemative, that he be found not guilty of the charges. WHEREFORE, Dr. Morales respectfully requests that: A. The matter be referred to the Division of Administrative Hearings for the assignment of an Administrative Law Judge to conduct a formal administrative hearing pursuant to Florida Statutes Sections 120.569 and 120.57(1); and, Dec 10 2007 16:15 Dec 10 2007 17:16 P.18 B.. _ A formal administrative proceeding be conducted, that a Recommended Order be entered by the Administrative Law Judge dismissing the Administrative Complaint, or, in the altemative, that Dr. Morales be found not guilty of the charges; and, on A Final Order be entered by the Agency following all findings of fact and law in the Recommended Order and granting such further relief as is requested by Dr. Morales; and, | D. The Administrative Law Judge enter such other relief'as is appropriate under the rules and statutes governing this action, including attorneys’ fees and costs. GOBELMAN, LOVE, GAVIN, ILENKO & BROUGHAN, Mary Bland Love, FB# 0263281 F. Scott Pauzar, FB# 0809721 815 South Main Street, Suite 300 Jacksonville, FL 32207 (904) 393-9007 / FAX 393-9050 Attorneys for Defendants. ERTIF. OFS Icertify that a copy hereofhas been furnished to Dorys H. Penton, Assistant General Counsel DOH, Prosecution Services Unit, 4052 Bald Cypregs Way, Bin C-65, Tallahassee, Florida, 32399- 3265 by U.S. Mail this 15" day of October, 2097. ms FP A\Client\9883\Misc\Answer, wad

Docket for Case No: 07-005642PL