Petitioner: DEPARTMENT OF HEALTH, BOARD OF ACUPUNCTURE
Respondent: YAO WU LEE, A.P.
Judges: PATRICIA M. HART
Agency: Department of Health
Locations: West Palm Beach, Florida
Filed: Mar. 26, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 21, 2010.
Latest Update: Dec. 22, 2024
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
V. CASE NO. 2006-38122
Yao Wu Lee, A-P.,
RESPONDENT.
ee
ADMINISTRATIVE COMPLAINT
COMES NOW, Petitioner, Department of Health, by and through its
undersigned counsel, and files this Administrative Complaint before the
Board of Acupuncture against Respondent, Yao Wu Lee, A.P., and in
support thereof alleges:
1. Petitioner is the state department charged with regulating the
practice of acupuncture pursuant to Section 20.43, Florida Statutes, and
Chapters 456 and 457, Florida Statutes.
2. At all times material to this Complaint, Respondent was
licensed to practice acupuncture within the State of Florida pursuant to
Chapter 457, Florida Statutes, having been issued license number AP 10.
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3. Respondent's address of record is 8335 Twin Lake Drive, Boca
Raton, Florida 33496.
4. On or about April 11, 2005, Respondent was charged by
criminal information in the County Court, in and for Broward County,
Florida, Case Number 06-8431MM10A, with committing a battery against
N.R. on the 25" of March, 2005, by actually and intentionally touching or
striking N.R. against her will, in violation of Section 784.03, Florida
Statutes.
5. At the time the battery occurred, N.R. was being treated as a
patient by Respondent.
6. On or about October 19, 2006, Respondent pled “no contest”
and was adjudicated guilty of the battery listed in paragraph (4), above.
7. Section 457,109(1)(c), Florida Statutes (2006), subjects a
licensee to discipline for being convicted or found guilty of, regardless of
adjudication, a crime in any jurisdiction which directly relates to the
practice of acupuncture or to the ability to practice acupuncture. A plea of
nolo contendere shall be considered a conviction for purposes of Chapter
457.
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8. Respondent's conviction. for battery against N.R., Respondent's
patient at the time the battery was committed on March 25, 2005, directly
relates to Respondent's practice of acupuncture or to Respondent's ability
to practice acupuncture.
9. Based on the foregoing, Respondent violated Section
457.109(1)(c), Florida Statutes (2006), by being convicted or found guilty
of, regardless of adjudication, the crime of battery against N.R. in Broward
County, Florida, which directly relates to the practice of acupuncture or to
the ability to practice acupuncture.
WHEREFORE, Petitioner respectfully requests that the Board of
Acupuncture 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 Respondent on probation, corrective action and/or
any other relief that the Board deems appropriate.
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SIGNED this 20
FILED
DEPARTMENT OF HEALTH
PUTY GLEAK
CLERK: COO E45
DATE Le -Z2be-o
MSC/das
PCP: June 22, 2007
PCP Members: Gunter and Wang
Mar 26 2010 3:16
dayof_ aw, 2007.
Ana M. Viamonte Ros, M.D., MPH
Secretary, Department of Health
Ww ti jb }
Matthew S. Casey
Assistant General Counsel
Florida Bar No. 0115320
DOH, Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
(850) 245-4640 Office
(850) 245-4680 Facsimile
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NOTICE OF RIGHTS
Respondent has the right to request a hearing to be
conducted in accordance with Sections 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 any other discipline imposed.
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Docket for Case No: 10-001638PL
Issue Date |
Proceedings |
Jun. 21, 2010 |
Order Closing File. CASE CLOSED.
|
Jun. 21, 2010 |
Joint Motion to Relinquish Jurisdiction with Leave to Reopen filed.
|
Jun. 16, 2010 |
Notice of Co-counsel Appearance (of W. Mitchell) filed.
|
Jun. 16, 2010 |
Notice of Service of Petitioner's Answers to Respondent's First Request for Answers to Interrogatories filed.
|
Jun. 16, 2010 |
Notice of Service of Petitioner's Response to Respondent's Request for Production to Petitioner filed.
|
Jun. 16, 2010 |
Petitioner's (Corrected) Unilateral Pre-hearing Stipulation (as to numbering in section C only) filed.
|
Jun. 16, 2010 |
Petitioner's Unilateral Pre-hearing Stipulation filed.
|
Jun. 15, 2010 |
Order Denying Continuance of Final Hearing.
|
Jun. 09, 2010 |
Notice of Taking Deposition Duces Tecum in Lieu of Live Testimony (of S. Schacter) filed.
|
Jun. 09, 2010 |
Notice of Filing Petitioner's First Request for Admissions and Respondent's Responses to Petitioner's First Request for Admissions filed.
|
Jun. 08, 2010 |
Respondent's First Request for Answers to Interrogatories and Request for Production to Petitioner filed.
|
Jun. 08, 2010 |
Respondent's Motion for Continuance or in the Alternative to Stay Proceedings Pending Criminal Proceedings filed.
|
May 25, 2010 |
Respondent's Responses to Petitioner's First Request for Production filed.
|
May 25, 2010 |
Respondent's Response to Petitioner's First Request for Interrogatories filed.
|
May 24, 2010 |
Petitioner's Response Opposing "Respondent's Motion for Continuance or in the Alternative to Stay Proceedings Pending Criminal Proceedings" filed.
|
Apr. 13, 2010 |
Order Directing Filing of Exhibits
|
Apr. 13, 2010 |
Order of Pre-hearing Instructions.
|
Apr. 13, 2010 |
Notice of Hearing by Video Teleconference (hearing set for June 24, 2010; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Mar. 31, 2010 |
Unilateral Response to Initial Order filed.
|
Mar. 31, 2010 |
Notice of Service of Discovery filed.
|
Mar. 26, 2010 |
Initial Order.
|
Mar. 26, 2010 |
Notice of Appearance (filed by P. Smith).
|
Mar. 26, 2010 |
Response to Administrative Complaint and Elections of Rights by Respondent Yao Wu Lee, O.M.D., Ph.D., A.P. filed.
|
Mar. 26, 2010 |
Election of Rights filed.
|
Mar. 26, 2010 |
Administrative Complaint filed.
|
Mar. 26, 2010 |
Agency referral filed.
|