STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, CASE NO.: 2006-20204 EDWARD J.|MEUNIER, D.C.,” RESPONDENT. nell / GOMES NOW, Petitioner, Department_of Health, “by and. through. its undersigned counsel, and files this Administrative Complaint before the Board of D. c., and 1. "ADMINISTRA i IVE COMPLAINT in support thereof alleges: 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 5967 on or about April 20, 1989.” i . J\PSu\Allied Health \Geeelia\Cases\Meunier Ecward\Meunier AC(2006-20204)[460.412] and 480,413(1)(n)dloc : 1 90d 65:6 800¢ @ Yer BS:8 #800¢ ¢ Uer Chiropractic Medicine against Respondent, Edward J. Meunier, ige &2 daS atient HZ, a 35 year-old female, presented for treatment with 5. #During the May 6, 2006 visit, Respondent told H.Z. that he had a fight hh his wife earlier that date. While H.Z. was down on the | examination table, Respondent began kissing patient H. z, on n the neck, did so, Regoondent put his hand up her shirt and asked to_see her body, 7,5 Respondent asked H. Z. to have an. affair with him. Patient H.Z. refused, ae left and called Dr. Newman, another Physician who worked at the clinic here Respondent worked and reported the incident. 8. Even though Respondent treated patient H.Z., there are no wz medical retords concerning Respondent's treatment of her. = a on ae 7 7:\PSU\Allied Heatth\Cecelia\Ceses\Meunier, Edward\Meunier AC(2006-20204)[460.412] and 460.413(1)(n).doc 2 7* 90 ‘d 65:6 800¢ @ Yer 69:8 800¢ 2 uer ~on May 6, 2006. Patient H.Z. and her minor child, 1.Z. were. 6. Foster HZ,’ got up from. the examination table and when 1 she ed by Respondent for injuries sustained in_an automobile violating i pursuant ereto, 12. b Count One . FFection 460.413(1)(M7), Florida Statutes (2006), sets forth disciplinary action by the Board of Chiropractic Medicine for provision of chapter 456 or chapter 460, or any rules adopted Section 456.072(1)(v),.. Florida. Statutes. -€2008), sats. forth... - grounds ® ‘discipline for engaging or attempting to engage in ‘sexual “misconduct “as “defined “and “prohibited” by Section: 456. o63(), Fionda —_ Statutes Foss 13, “*Section 456.063(1), Florida Statutes (2006), states that sexual | activity ibe practice of a health care profession means violation of the: z professiongil relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client’ in, | : 1 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 | ‘ ~~ }:\PSU\Allied Health \Cecelia\Cases\Meunier Edward\Meunier AC(2006-20204)[460.412] and 450.413(1}(n).doc 3 | | éo'd ootOL gone 2 wer 00:6 Bo0¢ @ uer such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. 14, (Section 460.412, Florida Statutes (2006), states: The chiropractic physician-patient relationship is founded . ‘on mutual trust. Sexual misconduct in the practice of chiropractic medicine means violation of the chiropractic iphysician-patient relationship through which — the chiropractic physician uses said ‘relationship to induce or attempt to induce the patient to engage, or to engage or “attempt to engage the patient, in. sexual activity outside ‘the scope of practice or the scope of generally accepted /examination or treatment of the patient, Sexual | prohibited. misconduct. in, the. practice of chiropractic medicine. is... _ 15. a Respondent used the chiropractic physician-patient relationship. ._. to induce. or attempt to induce the patient to engage, or to engage or attempt to engage the | patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient, in one or more of the following ways: | a By kissing-patient H.Z. on her neck during the treatment visit of. patient H.Z on May 6, 2006: | b. | By placing his hand up patient H.Z.’s shirt during treatment visit on May 6, 2006; J:\P5U\Allied Health\Cecatis\Cases\ Meunier, Edward\Meunier AC(2006-20204)[460.412} and 460.413(1)(n).doc 4 80 ‘d OOO s800e @ ver 00:6 800¢ @ UEC . ‘ ‘Based on the foregoing, Respondent violated Section 460.413( , , Florida Statutes (2006) by violating Section 456. 072(1)(v), Florida 3% utes (2006), and/or by violating Section 460.412, Florida Statutes #006), ‘by engaging or attempting to engage “Patient H.Z. in sexual misconduct, or by exercising influence within the chiropractic physician. atient relationship for _ Purposes of engaging | Patient Hz, sexual activity. | | 17. eieiltioner realleges paragraphs one through nine (9) as ‘though fully set forth hi herein. = 69 Section 460. 413(1)(m), Florida Statutes, (2006), subjects a chiropracter to discipline. for failing to keep legibly written chiropractic | medical Bors that identify clearly by name and credentials the licensed chiropractic physician rendering, ordering, supervising, or billing for each examination or treatment procedure and that justify the course of treatment fof the patient, including, but not limited to, patient histories, ~~ - 3:\PSU\Allied Het |\Cecela\ceses\Meumier,Edward\Meunie AC(2006-20204)[460.412] and 460.413(1)(n).doc 5 J 60 ‘d . OOO 8o0¢ @ Yer 00:6 800¢ 2@ ue examinat 4 condition : 4 19, patient f that H.Z% patient justify the a diseasenco 2. 460. 4230 ye chiropracti¢ * ceived treatment from Respondent. i results, test results, X rays, and diagnosis of a disease, injury. PRespondent failed to record. and/or maintain patient records for indicating she was even examined or treated despite the fact There are no records for that detail any examination or treatment procedure, or that urse of treatment of patient H.Z,, including, but not limited to, patient den examination results, test results, X rays, and diagnosis of. ndition, or injury, — “Florida Statutes, (2006), by failing to maintain written medical records for patient H.Z. EFORE, Petitioner respectfully requests that the ‘Board’ of Chiropractic Medicine enter an order imposing one or more of the following <, penalties: repriman permanent revocation or suspension of Respondent's license, placement of the Respondent on probation, corrective action, ward practice, imposition of an administrative fine, issuance of a refund of fees billed or collected, remedial education and/or any other retief that the Beard deems appropriate. - 3:\PSU\Allied i Ol‘d Cecelia\Cases\Meunier,Edward\Meunler AC(2006-20204)1460.412] and 460.413(1)(n).doc OOO s800e @ ver 00:6 800¢ @ UEC Based on the foregoing, Respondent has violated Section SIGNED this oF day of September _, 2007. Ana M. Viamonte Ros M.D., M.P.H., SE ale Surgeon General VY, by f | Cecelia D. ‘efferdod] Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399 LED es Florida Bar # 0007609 DEPARTMENT OF HEAL (850) 245-4640-ext. 8167 nana. a sop (850) 245-4682 FAX DAT PCP: 9/20/2007 - PCP “P Members: Kirby/Wolfson J:\PSu\Allied Health\Cecella\Cases\Meunier Edward\Meunier AC(2006-20204)[460.4121 and 460.413(1)(n).dac Lk *d LO‘Ol 800@ @ er Ta:6 800¢ 2 Uer NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 arid 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 Ji 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 thé Respondent in addition to any other discipline imposed. él‘d LO‘Ol 800@ @ er Ta:6 800¢ 2 Uer

Docket for Case No: 08-000001PL