STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, v. Case No.: 2007-20383 | | | GOVINDAN NAIR, M.D., Respondent. a | ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through i its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Govindan Nair, M.D., and in support thereof alleges: 1, ! Petitioner is the state agency charged with regulating the practice of medicine - pursuant to Section 20,43, Florida Statutes; Chapter 456, Florida Statutes: and Chapter 458, Hlorida Statutes. 2. | At all times material hereto, Respondent was a licensed medical doctor in the State of Florida, having been issued license number ME 50422, JAPSU\Medical\JuanitaP\Cases\Nair.2007-20383 AC (G)\Nair-2007.20383 AC.doc - 1 - SO ‘d Blt0L 6008 6. 484 T2:0T 600¢ $T Ga4 bi Respondent's address of record is 4820 Fifth Avenue North, St. Petersburg, Florida 33713. 4, Respondent practices in the area of diabetic medicine and endocrinology. | 5. On or about June 12, 2006, Patient M.G,, a then 22 year- old female with a history of thyroid problems, presented at the office Of Respondent for an examination of her thyroid, Respondent performed an examination on Patient M.G. Respondent inappropriately touched Patient MG. when she attempted to sit-up from the exam table. Respondent inappropriately placed his hands on her upper chest and lower back while she was fully clothed, There were no other persons in the exam room at the time. 6. On or about October 22, 2006, Patient M.G. presented at the office of Respondent for an examination, | Her mother, D.G., accompanied her and remained in the exam room while Respondent examined Patient M.G. The examination was uneventful, 7 | On or about June 14, 2007, approximately one-year after the first rte incident above, Patient M. G, presented at the office of J ‘\PSU\Medical\JuanitaP\Cases\Nair,2007-20383 AC (j)\Nair-2007.20383 AC. doe -2- 90d Qe-Ol 600 6. 484 Tée:0T 600¢ ST Ga4 Respondent for an examination accompanied |by her brother, J.G., who remained in the waiting area during the examination. 8. On or about June 14, 2007, Respondent examined Patient M.G. As she laid on the exam table with her left hand raised up and her right hand down on the edge of the exam table, Respondent stood Close to the table and pressed the front! of his pant area and genitals against her knuckles. As she attempted to remove her hand, Respondent then pressed harder causing Patient M. G. to feet his pénis on her right hand, At the end of the examination, Respondent decd her to sit-up. Respondent placed one hand on her chest and fondled | | her breast and the other hand on her lower back. Respondent then placed his hand on the top of her right thigh then moved i toward her vaginal area and inner thigh then downward and stopping at her knee, There were no other persons in the room during the examination. 9. _ ON or about June 14, 2007, following her examination, Patient M.G. exited the exam room after receiving her prescriptions | J APSU Medical uanitaP\Cases\Nai. 2007-20383 AC (j)\Nait-2007.20383 AC.dec = 3 - | | | | fO‘d Qe-Ol 600 6. 484 Tée:0T 600¢ ST Ga4 and some samples. After going to the office billing area, she walked out the office with her brother and told him what had happened to her. ; 10. On or about July 3, 2007, Patient M.G. reported the June 14, 2007, incident at t Respondent's office to the St. Petersburg Police Department, it. A review of Respondent's office medical records note that in an entry to Patient M.G.’s file. on August /7, 2007, Respondent notes that he was dismissing her (Patient M.G.) as a patient” with no explanation given, 12. Section 456.072(1)(v), Florida Statutes (2006), sets forth grounds for disciplinary action for engaging or attempting to engage in sexual misconduct as defined and prohibited in section 456.063(1) Florida Statutes (2006). 13. Section 456,063(1), Florida Statutes (2006), provides that sexual misconduct in the practice of a health care profession is a Violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to JAPSU\Medical\JuanitaP\Cases\Nair.2007-20383 AC G)\Nair-2007,20383 AC.doc - 4 - aod OZ'0L 6002 Sb 484 ZZ:01 600Z €T qa4 engage the patient or client, 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, or attempt to engage in, verbal or physical sext 14, Respondent used his professional felationship to engage al activity outside the scope of the professional practice of such health care profession, in one or more of the following ways: | | a) By inappropriately touching Patient M.G.’s lower back and upper chest during Respondent's June 12, Patient M.G,; and/or 12006, examination of b) By inappropriately touching Patient M, G.’s hand with his genital area and pressing his penis against and/or c) __ By fondling Patient M.G.’s breast and examination of Patient M.G.; and/or her hand during Respondent's June 14, 2007, examination of Patient M. G.; inappropriately | touching her lower back during Respondent’s June 14, 2007, | ; J: \PSU Maca uaitaPCase ii. 2007-2038 AC (j)\Nair-2007.20383 AC.dec - 5 - | | | | i 60'd =O 0L s002 SL 44 @Z:01 600Z $T qa4 0) By inappropriately touching Patient inner thigh during his examination of her! M.G. by placing his hand on her thigh and moving it toward her vaginal area and on June 14, 2007, 15, Based on the foregoing, Respondent violated Section 456. 072(1)(vy, Florida Statutes (2006), by engaging or attempting to engage in. sexual misconduct as prohibited in Section 456.063(1), Florida Statutes (2006), WHEREFORE, the Petitioner respectful Board Of Medicine enter an order imposing following penalties: permanent revocation: Respondent's license, restriction of practice ly requests that the ‘one or more of the ; or suspension of , 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. deems appropriate, (relief that the Board J; \PSUMedicelvuantacasesa 2007-20383 AC (j)\Nair- 2007 20383 AC.doc -6- Ol‘d . Qe-Ol 600 6. 484 ee:OT 600¢ ST Ga4 FILED DEPARTMENT OF HEALTH DEPUTY cueni CLERK Achel Brooky DATE (2/6 OF PCP: December 12, 2008 ‘PCP Members: Leon, Lage, Levine J ‘\PSU\Medical\JuanitaP\Cases\Nair.2007-20383 AC (j)\Nair-2007,20383 AC.doc LL'd «LG EDL 6002 EL 924 @Z:01 600Z $T qa4 ra SIGNED this 12th day of December, 2008. Ana M, Viamonte Ros, M.D;, M.P.H. Surgeon Genera, State of Florida Juanita Powell-Williams Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No.: 0544663 (850) 245-4640; (850) 245-4681 FAX -7- DOH Vv. GovINDAN Narr, M.D., Cast #2007-20383 NOTICE OF RIGHTS espondent has the right to request a hearing to be conducted in accordance with Section 20,569 and 120.57, Florida Statutes, to be represented by counsel or other - Qualified representative, to present evidence and argument, to cail 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. | . JAPSU\Medical\JuanitaP\Cases\Nair.2007-20383 AC ()\Nait-2007.20383 AC:doc -9- él ‘d Le ‘Ol 600@ GL 484 ee:OT 600¢ ST Ga4

Docket for Case No: 09-000817PL