Petitioner Department of Health files this Administrative Complaint before the Board of Osteopathic Medicine against Respondent Joseph Miller, D.O., and states:
Petitioner is the state agency charged with regulating the
practice of osteopathic medicine pursuant to Chapters 20, 45.6, and 459, Florida Statutes (2012).
At all times material to this Complaint, Respondent was
licensed to practice as an osteopathic physician in the State of Florida, pursuant to Chapter 459, Florida Statutes (2012), having been issued license number OS 10658. Respondent's address of record is 11521 W. Emerald Oaks Drive, Crystal River, Florida 34428.
At all times material to this Complaint, Respondent treated
Florida Department of Health v. Joseph Miller. D.O.
Case Number: 2012 10809
patients as an obstetrician/gynecologist at Comprehensive Women's Health ("CWH") located at 11521 West Emerald Oaks Drive, Crystal River, Florida 34428.
Between approximately January 2012, and approximately July 11, 2012, Patient T.S., a 26-year-old female, presented to Respondent at CWH for obstetric treatment.
On or about July 11, 2012, Patient T.S. was thirty-seven weeks pregnant. Patient T.S. contacted CWH with a complaint of arm pain and presented to Respondent at approximately 6:30 p.m., after the office was closed for the day and the other staff members and patients had left.
Respondent escorted Patient T.S. into an exam room, told Patient T.S. to disrobe the top half of her body, and exited the exam room. No other staff members were present in the exam room.
Respondent returned and requested Patient T.S. lie down on the examination table and began examining her right breast.
Respondent requested Patient T.S. disrobe the lower half of her body and left the room while she disrobed. When Respondent returned, Patient T.S. observed Respondent squeeze a substance Patient T.S. believed to be lubricant onto his hands. Respondent was not wearing
Florida Department of Health v. Joseph Miller, D.O. Case Number: 2012-10809
gloves.
Respondent told Patient T.S. to lie back on the examination table and began a vaginal exam. Respondent inserted two fingers in Patient T.S.'s vagina.
Respondent told Patient T.S. multiple times that she should be having sexual intercourse and reached for her right breast with his free hand.
Respondent stated that Patient T.S. needed to stimulate her nipple and began rubbing and pulling on her right nipple, asking Patient
T.S. if it "felt good.''
Respondent continuously stated to Patient T.S. that she "just needed sex to induce labor." Respondent then offered to "help" Patient
T.S. by having sexual intercourse with her and told Patient T.S. that she should let Respondent have sexual intercourse with her.
Respondent attempted to kiss Patient T.S. on the lips, and
Patient T.S. told Respondent that she did not want to have sexual intercourse with him.
Respondent again digitally penetrated Patient T.S.'s vagina and asked if it "felt good." Respondent then removed his fingers from Patient
Florida Department of Health v. Joseph Miller, D.0.
Case Number: 2012 l0809
T.S.'s vagina and grabbed her hips with his hands.
Respondent then began thrusting his mid-section into Patient T.S.'s vaginal area.
When Patient T.S. maneuvered herself up on the bed and away from Respondent, Respondent stated that Patient T.S. needed to have
sexual intercourse and continuously offered to have sexual intercourse with her. Patient T.S. declined Respondent's offers to have sexual intercourse multiple times.
In an interview with the Citrus County Sheriff's Office ("CCSO") on or about July 20, 2012, Respondent admitted to engaging in sexual
activity with Patient T.S.
COUNT I
Petitioner realleges and incorporates paragraphs 1 through 17 above, as if set forth herein.
Section 459.015(1)(1), Florida Statutes (2012), subjects a
licensee to discipline, including suspension, for exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. A patient is presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician.
Florida Department of Health v. Joseph Miller, D.O. Case Number: 2012-10809
Respondent violated Section 459.015(1)(1), Florida Statutes (2012), by exercising influence within a physician-patient relationship for purposes of engaging a patient in sexual activity in one or more of the following manners:
by digitally penetrating Patient T.S.'s vagina and touching Patient T.S.'s breast in an attempt to stimulate her;
by attempting to kiss Patient T.S.;
by thrusting his mid-section into Patient T.S.'s vaginal area.
by offering to have sexual intercourse with Patient T.S.
COUNT II
Petitioner realleges and incorporates paragraphs 1 through 17 above, as if set forth herein.
Section 459.015(1)(pp), Florida Statutes (2012), subjects a licensee to discipline, including suspension, for violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
Section 456.072(1)(v), Florida Statutes (2012), subjects a licensee to discipline, including suspension, for engaging or attempting to engage In sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes.
Florida Department of Health v. Joseph Miller, D.O. Case Number: 2012-10809
Section 456.063(1), Florida Statutes (2012), defines sexual misconduct in the practice of a health care profession 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 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.
Respondent violated Section 459.015(1)(pp), Florida Statutes (2012), by violating Section 456.072(1)(v), Florida Statutes (2012), by engaging or inducing, or attempting to engage in sexual misconduct as defined by Section 456.063(1), Florida Statutes (2012), in one or more of the following manners:
by digitally penetrating Patient T.S.'s vagina and touching Patient T.S.'s breast In an attempt to stimulate her;
by attempting to kiss Patient T.S.;
by thrusting his mid-section into Patient T.S.'s vaginal area;
Florida Department of Health v. Joseph Miller, D.O.
Case Number: 2012-10809
by offering to have sexual intercourse with Patient T.S. WHEREFORE, Petitioner respectfully requests the Board of
