Jun 20 2008 10:55 Jun 20 2008 9:53 P. 02 ~ DE A-13 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, | : | een : PETITIONER, . | CASE NO. 2007-06232 CARY L. HALL, M.D., ) RESPONDENT. COMES NOW, Petitioner, Department of Health, by and through its undefsigned counsel, and’ files this Administrative Complaint before the _ _ Boar of Medicine against Respondent, Cary L. Hall, M.D. and in support thereof alleges: i. Petitioner is the state department charged with regulating the ' practice of Medicine pursuant to Section 20.43, Florida Statutes; Chapter 2.: At all times material to this Complaint, Respondent was a number ME 94419. 60-1 -| Jun 20 2008 10:55 Jun 20 2008 9:53 P.03 Ne / Respondent's address of record is 15206 Grand Summit - Boulevard, Apartment 105, Grandview, Missouri 64030. - . : On or about October 2, 2006, Patient R.M., a\ then eighteen ' id woman, presented to the emergency room (ER) at Englewood nity Hospital (ECH) in Englewood, Florida complaining ofa possible urinary tract infection. | . On or about October 2, 2006, Patient R.M. was examined and trea by Respondent, who prescribed her Bactrim (an antibiotic) and disch rged her with orders to follow up with another physician In two days. | On or about October 3, 2006, Respondent made several calls to Patient R.M.'s-cell phone, the number for which he had obtained from her ° medi al records at ECH. During one of these calls, Respondent left a message asking R.M. to call him to discuss something that was a “pig deal. 7. On or about October 3, 2006, Patient RM. returned -Respondent’s call, During the ensuing discussion, Respondent indicated that |he had nothing dire to discuss with Patient R.M., he was cling her because she was cute. Respondent then asked Patient -R.M. if she was ” When she indicated she had a boyfriend, he told her to wait a few Jun 20 2008 10:55 Jun 20 2008 9:54 P. O04 w ww month¢ until her relationship ended so she could “try things with Doctor Hall” Patient R.M. indicated that she was not interested. i 18. Notwithstanding Patient R.M.’s expressed lack of inert ina relatio ship, Respondent continued to call Patient R.M. over the next. ~ several days. Distressed by what she perceived as harrassment, Patient nfided what was happening to her to A.T, a twenty: year old female istrative assistant who at the time worked in the ER at ECH. | | Atthe time Patient RM. confided in AT, A.7. had herself been sexually harrassed by Respondent. On or about October 2, 2006, the ~ gamel| day Respondent saw Patient M.R. at ECH, A.T. worked in the ER at ECH ith Respondent for the first time. During this shift, Respondent madé numerous inquiries into A.T’s marital status and apeed her several times if she or one of her sisters would go out with him on a date When - AT. failed to express interest in Respondent and tried to physically move | away from him, Respondent | repeatedly followed her around the hospital _ grabbed her and tried to pull her closer to him, and made inappropriate . and sexually harrassing comments, including asking if he could see and touch her belly button. Jun 20 2008 10:55 Jun 20 2008 9:54 P.O5 Sd . ‘nel . A\T, reported Respondent's conduct to the administration of _ ECH- and advised Patient R.M. to do the same, which she did on October 8, 2006. - 1. After R.M. reported her complaint to ECH, Respondent met ders of the medical staff and hospital to discuss the allegations. During this meeting, Respondent admitted that he had gotten Ms phone number from her hospital records and called her. He expressed regret at his b havior and subsequently resigned from ECH. . ; | | 12,. Section 456. 072(1)(v), Florida Statutes (2007), provides that engaging or attempting to engage in sexual misconduct as defined and. prohi ited in Section 456.063, Florida Statutes, is grounds for discipline by the Board of Medicine. 13. Section 456,063, Florida Statutes (2007), provides tat sexual miscpnduct in the practice of.a health care profession means violation of the brofessional relationship through which the health (care practitioner uses such relationship to engage or attempt to engage the patient i in, or to induce or attempt to induce a patient to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health carg profession. Jun 20 2008 10:55 Jun 20 2008 9:54 P. O06 ro Ne 4. On or about October 3, 2006 and in the days immeciately followi 0, Respondent engaged in sexual misconduct toward Patient R.M. by violating his professional relationship with her by using such relationship ‘to attempt to engage R.M. in, or to induce or attempt. to induce R M. to in, verbal or physical sexual activity outside the scope of the of medicine by obtaining her cell phone number from her ECH | records and repeatedly calling her and asking her for dates or ise trying to establish a sexual relationship with her. : 15. Based on the foregoing, Respondent has violated section 456.063 and 456.072 (1)(v), Florida Statutes. WHEREFORE, the Petitioner ‘respectfully requests that the , Board of Meditine enter an order imposing. one or more of the following penalties: per anent 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 rele that the Boatd deems appropriate. Jun 20 2008 10:55 Jun 20 2008 49:54 P.O7 New Sd IGNED this __iith __ day of __January | , 2008. Ana M. Viamonte Ros, Ml. D, M. PH State Surgeon General Don Freeman | Assistant General Counsel “asi aod Ba Cypress Way-Bin C55 “BL a press Way-Bin C-65' ” p eases Or RENTS Tallahassee, Florida 32399- 3265 . Florida Bar # 736171 pete Whe oe (B50) 245-4640 (850) 245-4681 fax PCP: February 11, 2008 ' PCP embers: Ashkatr, Cline, and Beebe : | Jun 20 2008 10:55 Jun 20 2008 9:56 P. 08 a Neal NOTICE OF RIGHTS spondent 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 _ crossiexamine 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 _costs|related to the investigation and prosecution of this matter. -_Pursijant to Section 456,072(4), Florida Statutes, the Boa shall _costs related to the investigation and our and of a espondent is placed on notice that Petitioner has ma disclplinary matter, which may Include attorney hours and costs, i Respondent in addition to any other discipline imposed.

Docket for Case No: 08-003018PL