£4"d STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2007-35478 JOSEPH ESPOSITO, D.C. RESPONDENT, ADMINISTRATIVE COMPLAINT Petitioner, Deparlment of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Joseph Esposito, DC. In support Petitioner alleges: 1. Petilioner 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- chiropractic physician within the State of Florida, having been issued license number CH 4722 on or about January 1, 1985. 6867 Pir B58 W2TCaW THOS 1“YOHs ST:87 4 68B2-f£e-Ner 0e@:8T 6o00¢ te ver ge BT AVN 3. Respondents address of record [s 950 Cobb Parkway, Suite 190, Marietta, Georgia 30060, 4. On or about March 12, 1998, the Georgia Board of Chiropractic Examiners, the licensing authority for chiropractic medicine in Georgia, approved a Consent Order that Respondent signed in order to settle disciplinary allegations. The Consent Order required that: 1) Respondent be placed on probation for a period of one year; 2) Respondent be required to pay a $1,000 fine; and 3) Respondent receive a public reprimand, 5. The Consent Order resolved allegations that the Respondent offered a patient a free chiropractic service and then hilled the patient’s insurance company for the gratuitous service, 6. In 1998, the Legislature enacted Section 455,565, Florida Statutes, which provides that: Each person who applies for initial licensure as a physician under chapter 458, chapter 459, chapter 460, of chapter 461 must, at the time of application, and each physician who applies for license renewal under chapter 458, chapter 459, chapter 460, or chapter 461 must, in conjunction with the renewal of: such license and under procedures adopted by thc Department of Health, and in addition bo any other information Uhal may be required from the applicant, furnish the following information to the Department of Health: .. . JAPSU\Medical\Tobey\ CAS E S\Espusitu, Juseph 0.0\Espusito.ac.chiro.460.¢13(b).doc 2 Fa‘d 6661 Fir @Se TWoTdaW WS)“ ST:8T 68He-Sc-Ner 02:87 600¢ ge Yer 8 A description of any final disciplinary action taken within the previous 10 years against the applicant by the agency regulating the profession that the applicant is or has been licensed to practice, whether in this state or in any other jurisdiction, by a specialty board that is recognized by the American Board of Medical Specialities, the American Osteopathic Association, or a similar national organization, or by a licensed hospital, health maintenance organization, prepaid health Clinic, ambulatory. surgical center, or nursing home. Disciplinary action includes resignation from or nonrenewal af medical statt membership or the restriction of privileges at a licensed hospltal, health maintenance organization, prepaid health clinic, ambulatory surgical center, or nursing home taken in lieu of or in settlement of a pending disciplinary case related to competence or character. If the applicant indicates that the disciplinary action is under appeal and submits a copy of the docurnent initiating an appeal of the disciplinary action, the department must state that the disciplinary action is under appeal if the disciplinary action is reported in the applicant's profile. 7. Sometime in or around 1999, the Department sent Respondent a mandatory practitioner profile questionnaire. 8. Respondent failed to disclose disciplinary action taken by the State of Géorgia.on his.practitioner profile form, 9. on or about September 9, 2004, the Georgia Board of © Chiropractic Examiners, approved a Consent Agreement that Respondent signed in order to settle disciplinary allegations. The Consent agreemeril UAPSU\Madical\Tabey\__C AS E S\Esoosite, Joao D.C\Bsposite.ac.chird.460,423(6),d0e 3 SA"d 6667 Fir @Se TWOTTaW TWO 1“OHe ST:8T 68Be-Sc-Ner Tée:87 600¢ te Ue required that: 1) Respondent be placed on probation for a perind of four years; 2) Respondent receive a public: reprimand; and 3) Respondent be required to pay a $4,000 fine. 10. The Consent Agreement resolved allegations that between 1995 and 1998, the Respondent allegedly engaged in unprofessional and immoral conduct that would violate State Chiropractic Board Rule 100-7- 01, | li. Respondent failed to update his practitioner profile within 45 days to report the 2004 Georgia Consent Order. Count One 12. Petitioner re-alleges paragraphs one (1) through eleven (11) as though fully alleged herein. . 13. Section 460.413(1)(b), Florida Statutes (1997)-(2007) ‘subjects a licensee lo discipline fur having a license to practice chiropractic revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing autharity of another state, territory, or country. 14.) Respondent’s license was acled against by Georgia State Board of Chlropractic Examiners through one or more of the following actions: a) the approval of the March 12, 1998, Consent Order which required that: 1) Respondent be placed on probation for a period of one : J:\PSU\MadiesI\Tabey\__C AS E S\Eaposite, Jogapn D.C \keposito.ac.chiro.46U.412(b).doc 4 98"d 6867 Fir B53 THOITSW TESS“ eH ST:87 668e-Le-Ner T2:87T 600 ge Yer year; 2) Respondent be required to pay a $1,000 fine: and 3) Respondent receive a public reprimand; or b) the approval of the September 9, 2004, Consent agreement which required that: 1) Respondent be placed on probation for a period of four years; 2) Respondent receive a public reprimand: and 3) Respondent be required to pay a $4,000 fine, 15. Based on the foregoing, Respondent has viclated Section 460.413(1) (b) Florida Statutes (1997)-(2007) by having a license to practice chiropractic revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. Count Two 16. Petitioner re-alleges paragraphs one (1) through eleven (11) as though fully set forth herein. 17. Section 455.565(1)(a)8, Florida Statutes (1998)-(1999), and Section 456.039(1)(a)(8), Florida Statutes (2000)(2007), requires that __Rach, petson. who. applies for_initial_licensure as a physician under chapter 458, chapter 459, chapler 460 or chapter 461, and each physician who applies for license renewal under chapter 458, chapter 459, chapter 460, or chapter 461, except for a person registered pursuant to ss. 458.345 and ‘ J:\PSU\Madical\Tobev) ASF S\Esnogito. Jasenh 1.C\Fsnneite.ae.chire 46t1 41 40n) dae 5 48" d 6557 Fir Boo TWOTdSW WIS)“ 40:87 68Ge-lc-Ner T2:87T 600 ge Yer 459.021, must, in conjunction with the renewal of such license and under procedures adopted by the Department of Health must furnish the department a description of any final disciplinary action taken within the previous 10 years against the applicant by the agency regulating the profession that the applicant is or has been licensed to practice, whether in this state or in any other jurisdiction. 17. Further, Section 456.039(3), Florida Statutes (2000)-(2007), provides that each person who has submitted information pursuant to subsection (L) must update that information in writing by notifying the Department of Health within 45 days after the occurrence of an event or the attainment of a status that is required to be reported in subsection (1). Failure to comply with the requirements of this subsection to update and submit. information constitutes grounds for disciplinary action under each respective licensing chapter and under chapter 456, 18. Section 455.624, Florida Statutes (1999), Section 456.072(1) (Vv), Florida Statutes (7000)-(2006), and 456.072(1)(w), Florida Statutes oe UZ), provides that failing to comply with the requirements for profiling and credentialing, including but not limited to, failing to provide initial information, failing to timely provide updated information, or making misiéading, untrue, deceptive, or fraudulent representations on a profile, TAPSU\Medirai\Tohey\___ tA E S\esposito, Joseon D.C\cspesito,.ac.chire, 460.413(b). dec 6 S8"d 6667 Fir @Se TWOTTaW TWO 1“OHe 40:87 68Be-Sc-Ner ee:8T b6O00¢e te Wer credentialing, or renewal licensure application is grounds for disciplinary action by the Board of chiropractic medicine. 19, Respondent failed to provide timely profile information when he: a) falled to disclose the March 17, 1998, Consent Order with the Georgia Roard of Chiropractic Examiners on his 1999 Mandatory Practitioner Profile Questionnaire; b) failed to update his practitioner profile within 45 days to report the Scptember 9, 2004, Consent Order with the Georgia Board of Chiropractic Fxaminers. 20. Based on the foregoing, Respondent has violated Section 455.624, Florida Statutes (1999), Section 456.072(1) (v), Florida Statutes (2000)-(2006), and Section 456.072(1)(w), Florida Statutes (2007), by failing to comply with the requirements for profiling and credentialing Is grounds for discipline by the Board of Chirupractic Medicine. WHEREFORE, the Petitioner respectfully requests that the Board of Chiropractic 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, JAPSU\Medical\Tobey\ CA § £ S\Esposito. Joseon O.C\ESpositu.ac.chiro. 460.6137 1.cee. 7 6557 Fir Boo TWOTdSW WIS)“ 40:87 68Ge-lc-Ner ée:8T B00e ge Yer 6@"d corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this _{5°°_ day of __ Me, , 2008. Ana M. Viamonte Ros M.D., MPH State Surgeon General, rae Tohey Schultz (7 Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 DEPARTMENT OF HEALTH Tallahassee, FL 32399-3265 ouncPNg C Cue o> Florida Bar # 0542131 pare. 9+ (4 O8 (850) 245-4640 ext 8176 tobey_schultz@doh.state. fl.us PCP: Sh3lo8 gs, LePorse VARCIN Madina Taba RCE GlRenacita Incagk 2 C\ecnosito.art.chiro.460.413¢(b).doc 8 Ald 6867 Pir B58 W2TCaW THOS 1“YOHs 8b:87 6e@e—-f£e-Ner ée:8T B00e ge Yer 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. TABGL \Madirah Tana P&SPS\Penngin Ingenn 0 \bsnovte.ar.chire.460.4 4¢(D).d9e q Tid 6867 Pir B58 W2TCaW THOS 1“YOHs 8b:87 6e@e—-f£e-Ner Se:8T b6O00¢e te ver

Docket for Case No: 09-000391PL