Dec 15 2009 11:01 Dec 15 2009 11:59 PLO? STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2009-14928 CARLOS A. COHEN, M.D., | "RESPONDENT. / ADMINIST M COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Carlos A. Cohen, M.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of Medicine pursuant to Section 20.43, Florida Statutes, and Chapters 456 and 458, Florida Statutes. 2. At all times material to this Complaint, Respondent Was a licensed medical doctor within the state of Florida, having been issued license number ME 75788. iia A. Dec 15 2009 11:01 Dec 15 2009 11:59 P.03 3, Respondent's address of record is 16244 South Military Trail, Suite 750, Delray Beach, Florida 33484. | 4, Respondent is board certified in Internal Medicine. 5. Onor about July 6, 2009, M.L,, a 56 year-old female, who works as a “companion” took her charge to an appointment at Respondent's practice. 6. After a loud commotion occurred outside of the building, Respondent went into the waiting room where M.L. was located and advised that a transformer on a pole in the back parking lot had exploded. : 7. M.L. complained to Respondent that the noise sent her into a state of shock and anxiety, and she remarked that she had forgotten to take her blood pressure medication that day. , 8. Respondent offered to check her blood pressure. - 9. Respondent took M.L’s blood pressure and reported to her that he found her blood pressure to be high. : 10. Respondent then asked M.L. what time she would be getting off from work, to which she told him approximately 4:00 p.m. JAPSU\Medica\ManGX\Cases\Cohen, Carlos 2009-14928\AC. doc : 2 Dec 15 2009 11:01 Dec 15 2009 11:59 P. O04 11, Respondent suggested M.L. return to the office after work to have her blood pressure checked again to ensure that it had gone back to normal. 12, M.L. advised Respondent she would return, 13, MLL. returned to Respondent's office. 14. Respondent’s office appeared closed; Nowever, Respondent pulled into the parking lot at the same time ML. did. 15. Respondent opened the office door and they both walked 16. No other persons were present in the office. 17. Respondent proceeded to check M.L’s blood pregsure and advised her that it had returned to a normal state. | 18. M.L held out her hand as to shake the Respondent's hand and say “thank you”. Respondent grabbed M.L’s hand and pushed her up against the wail, kissing her on the mouth with his tongue in her mouth, i 19. Respondent pulled up M.L’s shirt and bra and began sucking on her right breast. JAPSW\Medical\MamGX\Cases\Cohen, Carlos 2009-14928\AC.doc i 3 Dec 15 2009 11:01 Dec 15 2009 11:59 P.O5 20. Respondent then pulled down his pants, exposing his penis. | | 21. M.L. became extremely scared that Respondent would hurt her because no one was inside the office. | 22, Respondent began pushing M.L.’s head down forcefully and told her to kiss his penis. | 23. M.L. attempted to pull away from Respondent as he | continuously pushed her head down, eventually forcing her lips to touch his penis, 24. M.L. was finally able to push Respondent away and left his office. ) 25. While M.L. was driving home she. observed Respondent following her in a black Mercedes Benz convertible. | 26. Respondent proceeded to follow M.L. all the way to the driveway of her home. . 27. M.L. was terrified and instead of turning into her home drove to her daughter’s home. JAPSU\Medical\ MarGX\Cases\Cohen, Carlos 2009-14928\AC. doe Dec 15 2009 11:01 Dec 15 2009 12:00 P. 06 28. ML, recounted the events to her daughter who immediately called 911 and was directed to the Delray Beach Police Department to report the incident. : 29. Patient M.L. reported this incident to the police. 30. Conduct by Respondent and M.L. established a physician- patient relationship between them. , COUNT ONE 31. Petitioner realleges and incorporates paragraphs one (1) through thirty (30), above, as if fully set forth herein. , 32. Section 456.072(1)(v), Florida Statutes (2009), provides that engaging or attempting to engage in sexual misconduct as defined and prohibited by Section 456.063(1), Florida Statutes, constitutes grounds for disciplinary action by the Board of Medicine. 33. Section 456.063(1), Florida Statutes (2009), : defines sexual misconduct as a “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 JAPSU\Medieal\MarrGX\Cases\Cohen, Carlos 2009-1 4928\AC.doc Dec 15 2009 11:02 Dec 15 2009 12:00 P.O? 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.” , | 34. The Respondent engaged in or attempted to engage in sexual misconduct by using his professional relationship with Patient M.L. to engage or attempt to engage her in, or to induce or attempt to induce her to engage in physical sexual activity outside the scope of the professional practice of Respondent by. kissing her, and/or sucking her breast, and/or forcing her lips to touch his penis. | 35. Based on the foregoing, the Respondent’ has ‘violated Section 456.072(1)(v), Florida Statutes, by engaging in or attempting to engage in sexual misconduct as defined and prohibited by Section 456.063(1), Florida Statutes, COUNT TWO 36. Petitioner realleges and incorporates paragraphs one (1) through thirty (30), above, as if fully set forth herein. | 37. Section 458.331(1)(j), Florida Statutes (2009), subjects a licensee to discipline for exercising influence within a patient: physician relationship for purposes of engaging a patient in sexual JAPSU\Medical\MarrGX\Cases\Cohen, Carlos 2009-1 4928\AC. doo i 6 Dec 15 2009 11:02 Dec 15 2009 12:00 P. 08 activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. 38. Respondent exercised influence within a patient-physician relationship for purposes of engaging Patient M.L. in sexual activity by kissing her, and/or sucking her breast, and/or forcing her lips to touch his penis. . 39. Based on the foregoing, Respondent has violated Section 458.331(1)(j), Florida Statutes, by exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. | COUNT THREE 40. Petitioner realleges and incorporates paragraphs one (1) through thirty (30), above, as if fully set forth herein. | 41. Section 458.331(1)(nn), Florida Statutes (2009), subjects a licensee to discipline for “[vJiolating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.” ‘42. Section 458.329, Florida Statutes (2009), defines sexual misconduct in the practice of medicine as: | “The physician-patient relationship is founded on mutual trust. Sexual misconduct in the practice of medicine JAPSU\Medieal\MartGX\Cases\Cohen, Carlos 2009-1 4928\AC.doc ; 7 Dec 15 2009 11:02 Dec 15 2009 12:00 P.09 means violation of the physician-patient relationship through which the 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 the practice or the scope of generally accepted examination or. treatment of the patient. Sexual misconduct in the practice of medicine is prohibited.” 43. Respondent violated the patient-physician relationship by engaging Patient M.L. in sexual activity outside the scope of generally accepted examination or treatment of M.L. by kissing her, and/or sucking her breast, and/or forcing her lips to touch his penis. 44, Based on the foregoing, Respondent has violated Section 458.331(1)(nn), Florida Statutes, by violating Section 458. 329, Florida Statutes, WHEREFORE, the Petitioner respectfully requests that the Board of 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\Medical\ManGX\Cascs\Cohen, Carlos 2009=14928\AC.doc Dec 15 2009 11:02 Dec 15 2009 12:01 P.10 AD SIGNED this #2 ~ day of October, 2009. Ana M. Viamonte Ros, M. D, M.P.H State Surgeon General boegd aL | Greg alr eile eid en Assistant General Counsel eeantMEN! OTS DOH Prosecution Services Unit DEeN DEPUTY G 4052 Bald Cypress Way, Bin C-65 SLER: IO |aolOe Tallahassee, FL 32399- 3265 DATE ore Florida Bar No: 131369 (850) 245-4640 - phone (850) 245-4681 - fax PCP; October 23, 2009 PCP Members: Dr. El-Bahri, Dr.sRosenberg, and Mr. Mullins JAPSU\Medical\MarrGx\Cases\Cohen, Carlos 2009-14928\AC.doc 9 Dec 15 2009 11:02 Dec 15 2009 12:01 P.11 Carlos A. Cohen, M.D. DOH case No. 2009-14928 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. JAPSU\Medical\MarrGX\Cases\Cohen, Carlos 2009-14922\AC.doc | ! 10

Docket for Case No: 09-006745PL