Now 21 2008 14:24 NOW-21-28688 14:68 FL DEPT OF HEALTH 856 488 1855 P8514 sory ex STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Ws | CASE NO. 2008-13410 DOUGLAS JOHN MACHIELA, 0.D,, | RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through Its undersigned counsel, and files this Administrative Complaint before the Board of Optometry against Respondent, Douglas John Machiela, O.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of Optometry pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 463, Florida Statutes. | 2. Respondent is, and has been at all times material to this complaint, a licensed Optometrist, licensed in the State of Florida, having been issued license number: OP 2245, | 3. Respondent's last known address of record is 3704 Valley Park Way, Lake ~ Worth Florida 33467. | 4. At all times material to this complaint, Respondent was the owner operator of Community Eye Care at 5493 10° Avenue North, Greenacres, Florida 33463. HIBIT DOH V. Machlela, 0.0, x Case number 2008-13410 . J;\PSU\Medical\Khai\ACs\2008 Machiela Final.doc Bo- 2! -3 Nov 21 2008 14:25 NOW-21-2688 14:8 FL DEPT OF HEALTH 858 498 1655 a oe™ oo 5. At all times material to this complaint, Respondent was the only male working at the above-referenced address. 6. Through the Palm Beach County Health Care District ((PBCHCD”), minors from local schools are referred to the Respondent for eye examinations, PBCHCD listed “Minor Female 1” and “Minor Female 2” on the Respondent's list of referrals. | MINOR FEMALE 1. 7. On or about October 12, 2006, Minor Female 1 presented to Respondent's . office for an eye examination. 8. Respondent took Minor Female 1 into the examination room. Typically, Respondent does not have an assistant in the room during the examination. Only the Respondent and Minor Fernale 1 were in the room during the examination. 3. Respondent directed Minor Female 1 into the chair for the examination. The Respondent sat in a chair next to Minor Female 1 during the examination. 10. As part of the examination, Respondent placed examination equipment In front of Minor Female 1's eyes. ti. At the completion of the examination, Respondent removed the equipment from Minor Female 1’s eyes. 12. After Respondent removed the equipment, Minor Female 1 looked down and saw Respondent's zipper open and his penis exposed. 13. Minor Female 1 advised Respondent that his zipper was down, to which Respondent stated, “Oh my goodness, it’s down.” DOH V. Machiela, O.D. 2 Case number 2006-13410 J;\PSU\Medical\Khal\ACs\2008 Machiela Final.doc P6714 Nov 21 2008 14:25 NOW-21-2688 14:68 FL DEPT OF HEALTH 858 486 1855 an) yo 14, Minor Female 1 filed a complaint against Respondent with the Greenacres. Department of Public Safety. MINOR FEMALE 2 15. On or about November 9, 2006, Minor Female 2 presented to Respondent's office for an eye examination. 16. Respondent took Minor Female 2 into the examination room. Respondent closed the: door to the examination room. Typically, Respondent does not have an assistant in the room during the examination, Only the Respondent and Minor Female 2 were in the room during the examination. | 17. Respondent conducted the eye examination on Minor Female 2. 18. At the conclusion of the examination, Respondent moved across the room to sit at his desk. While the Respondent sat at his desk, Minor Female 2 observed Respondent's penis through his unzipped pants, 19. Minor Female 2 advised Respondent that his zipper was down, to which Respondent apologized and closed his zipper. 20. Minor Female 2 filed a complaint against Respondent with the Greenacres Department of Public Safety. GENERAL ALLEGATIONS 21. On or about November 10, 2006, a Greenacres Public Safety Officer interviewed Respondent regarding exposing himself to Minor Females 1 and 2. At that time, Respondent stated to the Officer that he did not recall his zipper being down but “It could have happened,” DOH V. Machiela, 0.D. 3 Case number 2008-13410 . J;\P5U\Medical\Khal\ACs\2008 Machlela Final.doc P.ar/14 Nov 21 2008 14:25 NOW-21-2688 14:et FL DEPT OF HEALTH 854 468 1655 fn ann 22. Onor about April 11, 2008, in the County Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Respondent pleaded guilty to one count of indecent exposure, a first degree misdemeanor pursuant to Section 893.03, Florida Statutes (2006), in case number 07MM012197. 23, Respondent did not report the criminal conviction to the Department. COUNT 1 24. The Petitioner re-alleges and incorporates paragraphs one (1) through fourteen(14) and twenty-one (21) through twenty-three (23), as if fully set forth in this count. ‘ 25, Section 456.072(1)(v), Florida Statutes, (2006) provide that engaging or attempting to engage in sexual misconduct, as defined and prohibited in Section 456.063(1), Florida Statutes, constitutes an act for which disciplinary action may be taken, 26. Section 456.063(1) provides: 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, or an immediate family member, guardian, or representative of the patient or client 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 such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. 27. On or about October 2, 2006, Respondent exposed his genltals to Minor Female 1, during the course of an eye examination, thus using his professional relationship with Minor Female 1 to engage or attempt to engage the minor patient in, BOH ¥, Machiela, 0.D. 4 Case number 2008-13410 3)\PSU\Medical\Khal\ACs\2008 Machlela Final.doc P8714 Now 21 2008 14:26 NOU-21-2088 14:81 FL DEPT OF HEALTH a5 468 1855 an oo or to induce or attempt to induce the minor patient to engage in, verbal or physical sexual activity outside the scope of the professional practice of a healthcare profession. 28, Based on the foregoing, Respondent violated Section 456.072(1)(v), Florida Statutes (2006), by engaging or attempting to engage in sexual misconduct, as defined and prohibited in Section 456.063(1), Florida Statutes. COUNT 2 29, The Petitioner re-alleges and incorporates paragraphs one (1) through six (6), and fifteen (15) through twenty-three (23), as if fully set forth in this count. 30. Section 456.072(1)(v), Florida Statutes, (2006) provides that engaging or attempting to engage in sexual misconduct, as defined and prohibited in Section 456.063(1), Florida Statutes, constitutes an act for which disciplinary action may be - taken. 31. Section 456.063(1) reads: 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, or an immediate family member, guardian, : or representative of the patient or client 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 such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. 32. Respondent exposed his genitals to Minor Female 2, during the course of -an eye examination, thus using his professional relationship with Minor Female 2 to engage or attempt to engage the minor patient in, or to induce or attempt to induce the minor patient to engage in, verbal or physical sexual activity outside the scope of the professional practice of a healthcare profession. DOH V. Machiela, 0.0, . 5 Case number 2008-13410 J;\P5U\Medical\Khai\ACs\2008 Machiela Final.dot P.a@o/14 Nov 21 2008 14:26 NOW-21-28HE 14981 FL DEPT OF HEALTH 858 488 1855 P.1a14 on™ on 33. Based on the foregoing, Respondent violated Section 456.072(1)(v), Florida Statutes, (2006), by engaging or attempting to engage in sexual misconduct, as defined and prohibited in Section 456.063(1), Florida Statutes. COUNT 3 34. The Petitioner re-alleges and incorporates paragraphs one (1) through ‘twenty-three (23), as if fully set forth in this count. 35. Section 456.072(1)(c), Florida Statutes, (2007), provides that being convicted or found guilty of, or entering a plea of guilty or nolo 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, constitutes an act for which disciplinary action may be taken. , 36.- On or about April 11, 2008, in the County Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Respondent entered 2 plea of guilty fo.one count of indecent exposure, a first degree misdemeanor pursuant to Section 893.03, Florida Statutes (2006), in case number 07MM012197. 37. The crime of indecent exposure is directly related to the practice of “aptometry because the crime was committed by the Respondent against a patient in the Respondent's practice setting while Respondent was providing direct patient care. . 38. Based on the foregoing, Respondent violated Section 456.072(1)(c), Florida Statutes (2007), by entering:a plea of guilty to and being found guilty of a crime, regardless of the adjudication, related to the practice of, or the ability to practice optometry. DOH V. Machlela, 0.D. 7 6 Case number 2006-13416 )\PSU\Medical\Khal\aCs\2008 Machiela Final.doc Nov 21 2008 14:26 NOW-21-2688 14:et FL DEPT OF HEALTH 854 468 1655 oo, . on, COUNT 4 39. The: Petitioner re-alleges and iricorporates paragraphs one (1) through twenty-three (23), as if fully set forth in this count. 40. Pursuant to Section 456.072(1)(x), Florida Statutes, (2007), a licensee is subject to discipline for failing to report to the board, or the department if there Is no board, in writing within 30 days after the licensee has been convicted or found guilty of, P.1i/14 or entered a plea.of nolo contendere to, regardless of the adjudication, a crime in any | jurisdiction. 41, Respondent failed to report his guilty plea and the conviction of one count of indecent exposure to the Board, as required by Section 456.072(1)(x), Florida Statutes, (2007). 42. Based on the foregoing, Respondent violated Section 456.072(1)(x), Florida Statutes (2007), by failing to report to the board in writing within 30 days after the Respondent entered a olea of guilty and was found guilty of a crime in any jurisdiction. WHEREFORE, the Petitioner respectfully requests that the Board of Optometry 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 DOH V. Machiela, 0.D. 7 Case number 2008-12410 J;\PSU\Medical\KhalVACs\2008 Machiela Final.cdoc Now 21 2008 14:27 NOU-21-2883 14: @2 ; FL DEPT OF HEALTH 856 488 1855 P1214 rs om and/or any other relief that the Board deems appropriate. SIGNED this (Se say of QOWOST , 2008, C. Khai Patterson, Esq. Assistant General Counsel Florida Bar Number 0023221 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin # C-65 Tallahassee, Florida 32399-3265 (850) 922-2268 (850) 922-2382 FAX DEPARTMENT OF HEAL . PUTY GLERK CLERK: pare__ th “\S-CB Reviewed and Approved by: (initials) (date). PCP: August 8, 2008 PCP Members: Lewis; Presnell DOH V. Machiela, 0.D. 8 Case number 2008-13410 . J;\PSU\Medical\Khal\ACs\2008 Machlela Final.doc Nov 21 2008 14:27 NOW-21-2688 14:82 FL DEPT OF HEALTH 654 468 1855 P.13/14 : oN on 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. DOH V. Machiela,.0.D. : P) Case number 2008-13410 JA\PSU\Medical\Khal\ACs\2008 Machiela Final.doc

Docket for Case No: 08-005860PL