Sep 30 2009 9:59 Sep 30 2009 9:54 P.O5 Nae! aw? STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, _ PETITIONER, . v. . . ne CASE|NO,: 2008-24991 MICHAEL ANDREW NORMAN, D.C., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Chiropracti¢ Medicine against Respondent, Michael Andrew Norman, D.C., and in support thereof alleges: 1. _ 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 order, Respondent was licensed to: practice as a chiropractic physician in the State of Florida, Pursuant to Chapter 460, Florida Statutes having been issued licensed number CH 7039 on or about August 7, 1996. 3. Respondent's address of records is 207 Key Deer Boulevard, Big Pine Key, Florida 33043 Ji\PSU\Medical\Tobey\__¢ A $ E S\Notrnan, Michael D.Cinorman.sexual misconduct.ac-final.dec| j ‘ f 1 Sep 30 2009 9:59 Sep 30 2009 9:54 P. O06 ‘ie! Nadel FACTS RELATED TO LS, 4. LS was a former employee of Respondent's that he also treated as a patient from time to time. i 5. Patient LS began working for Respondent jn or about April 2008, and shortly thereafter, he began to touch her inappropriately. ) 6. Days later while performing an adjustment| on patient LS, Respondent unfastened her bra while lying on the examining table pretending to perform 2 massage which touching her breast area. , 7. Respondent would at times lie on the examination table and require that patient LS stretch him. During the course of the stretch, Respondent would pull down his pants and undergarments exposing his buttocks. Respondent would request that patient LS massage his buttocks, . : 8. On or about August 2008, Respondent and patient LS attended a seminar together where they reserved two Separate rooms. atient LS requested that Respondent bring her dinner and while in her room, Respondent attempted to have Sex - with patient LS. FACTS RELATED TO PATIENT BD . 9. BD was a former employee of Respondent's that he also treated aS a patient from time to time. 10. On or about August of 2005, Respondent hired BD as an employee, , li. One day, Respondent called BD in his office tojassist him, and when BD presented to his office, Respondent was exposing his penis. J:\PSU\Medical\Tabey\_._¢ ASE S\Norman, Michael D.C\norman.sexual misconduct.ac-final.doc i i >, Sep 30 2009 9:59 Sen 30 2009 9:54 PLO? 12. Respondent would often times massage patient BD's neck in an attempt to look down her-shirt and touch her breasts. 13. While performing adjustments on patient BD,| Respondent would attempt to touch her pelvic, buttacks, and chest areas, 14, Respondent would also press himself against ‘erect pretending to retrieve something. Count One 15. Petitioner re-alleges and incorporates ‘para fourteen (14) as if fully set forth herein. patient BD. with his’ penis graphs one (1) through 16. Section 456.072(1)(u), Florida Statutes (2004)-(2005), and 456.072(1)(v), Florida Statutes (2006)-(2008), subjects a ) engaging or attempting to engage in sexual misconduct as Section 456.063(1), Florida Statutes. | .17, Section 456.063(1), Florida Statutes (2004)-( misconduct in the practice of a health care profession licensee to discipline, for defined and prohibited by 2008), states. that sexual - means violation of the ° professional relationship. through which the health care practitioner uses such’ relationship to engage or attempt to engage the patient of 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 misconduct i in the practice of a health care profession fs prohi care profession. Sexual ited, 18. Respondent has Violated Section 456.072(1)(u), Florida Statutes” (2004)- (2005) and 456.072(1)(v), Florida Statutes (2006)-(2008), by using the chiropractic ; J:\PSU\Medical\Tobey\__¢ A 5 E S\Natman, Michael D.C\norman,sexual misconduct.ac-fina doc j i 3 Sep 30 2009 9:59 Sep 30 2009 9:56 P. 08 physician-patient relationship to induce. or attempt to induce a patient to engage, or to engage or attempt to engage a patient, in sexual activity joutside the scope of practice or the scope of generally accepted examination or treatmeht of the patient through one "OF more of the following actions: | ‘a) °° By touching patient LS inappropriately; b) "By unfastening patient LS’s bra and touching her breast area during the "course of an adjustment; ) ¢) By pulling down his pants and undergarments in front of patent LS and requesting that patient LS massage his buttocks; . d) By attempting to have sex with patient LS; e) By exposing his penis to patient BD: f) By massaging patient BD‘s neck in a manner bo he could look down her , shirt and attempt to.touch her breasts; . 9) By attempting to touch patient BD's pelvic, buttocks, and chest areas during the course of adjustments; or, ) h) By pressing himself against patient BD with his penis erect pretending to retrieve something. i 19, "Based on the foregoing, Respondent has violated Section 456, 072(1 Xu), Florida Statutes (2004)- (2005) and 456.072(1)(v), Florida Statutes (2006)- +2008), by committing sexual misconduct. JPSU\Medical\Tabey\__C.a SE §\Norman, Michael D.C\norman.sexual misconduct.a¢-final. toc : : Sep 30 2009 10:00 Sep 30 2009 9:56 P.09 Ne! ald Count Two 20. Petitioner re-alleges and incorporates paragraphs one (v) through fourteen (14) as if fully set forth herein, 21. Section 460.413(1)(ff), Florida Statutes (2004)-(2008), subjects. a chiropractic physician to discipline, including suspension, for violating any provision of ; chapter 456 or chapter 460, or any rules adopted pursuant thereto. 22, Section 460.412, Florida Statutes (2004)-(2008), States: ’ The chiropractic physician-patient relationship is Fourjded on mutual trust. Sexual misconduct in the practice of chiropractic medicine means violation of the | chiropractic physician-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 nm scope of generaily accepted examination or treatment of the patient. Sexual misconduct in , the practice of chiropractic medicine is prohibited. 23. . Resporident has violated Section 460.413(1)(ff), Florida Statutes (2004)- (2008), through a’ violation of 460.412, Florida Statutes (2004)-(2008), through one or " more of the following ‘actions: | | a) By touching patient LS inappropriately; _ _b) By unfastening patient LS's bra and touching Her breast area during the course of an adjustment; . . | c) . By pulling down his pants and undergarments in front of patient Ls and requesting that patient LS massage his buttocks: &) .. By exposing his penis to patient BD; 1.\PSU\Mediesl\Tobey\_.c ASE S\Norman, Michael D.C\norman.sexual miseonductac-final,dbe | ; Sep 30 2009 10:00 Sep 30 2009 9:56 P.10 Nae! ‘ew! f) By massaging patient BD’s neck in a manner|so he could look dowin her shirt and attempt to touch her breasts: 9g) By attempting to touch patient BD's pelvic, |buttacks, and chest areas during the course of adjustments; or, | ) | h) | By pressing himself against patient BD with his penis eract pretending to retrieve something. | : 24. Based: on the foregoing, Respondent has violated 460.413(1)(ff), Florida Statutes (2004)-(2008), by committing sexual miscondutt as defined by Section 460.412, Florida Statutes (2004)-(2008). | WHEREFORE, 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, corrective action, refund of fees billed or collected, remedial education and/or any. other relief that the Board deems appropriate. JAPSU\Medieal\Tobey\, CASE S\Norman, Michael D.C\norman.sexual misconduct.ac-finalidoe | } : Sep 30 2009 10:00 Sep 30 2009 9:56 we! ‘weal Ca [Moxy SIGNED this uf __dayof_ -iMa 2009, Ana M. Viamonte|Ros, M.D., M.P.H, State Surgeon General — 4G . i Tobey Schultz Assistant General founse FILED DOH Prosecution Services Unit DEPARTMENT OF HEAL Ty 4052 Bald Cypress| Way, Bin C-65 CLERK eoTRUTY CLERK Tallahassee, FL 32899-3265 DATE May 7