STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Ve CASE NO: 2010-11372 TULSIBHAI L. PIPALIA, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against the Respondent, Tulsibhai L. Pipalia, 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, Florida Statutes. 2. At all times material to this Complaint, the Respondent was a licensed physician within the State of Florida, having been issued license number ME 47776. 3. The Respondent’s address of record is 3102 West Cypress Street, Suite A, Tampa, Florida 33607. 4. The Respondent is board certified in Internal Medicine by the American Board of Internal Medicine. 5. On or about July 30, 2009, Patient S.B. and her mother presented to the Respondent for regular medical appointments. 6. Patient S.B. and her mother entered the examination room together. The Respondent first examined Patient S.B.’s mother with Patient S.B. present. After Patient S.B.’s mother left the room to get blood work done, Patient S.B. was alone with the Respondent. 7. During the time Patient S.B. was alone with the Respondent, the Respondent exposed his penis to Patient S.B. Respondent then asked Patient S.B. to perform oral sex on him. When Patient S.B. refused, Respondent proceeded to masturbate in the presence of Patient S.B. 8. When Respondent finished masturbating, he left the examination room. Patient S.B. subsequently left the examination room and she and her mother proceeded to leave the Respondent's office. 9. After arriving at her house, Patient S.B. reported the incident to the Tampa Police Department that same day. COUNT ONE 10. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 11. Section 456.072(1)(v), Florida Statutes (2009), provides that engaging in or attempting to engage in sexual misconduct as defined and prohibited by Section 456.063(1), Florida Statutes (2009), constitutes grounds for disciplinary action by the Board of Medicine. 12. . 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 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.” 13. The Respondent engaged in or attempted to engage in sexual misconduct by using his professional relationship with Patient S.B. to engage or attempt to engage Patient S.B. in, or to induce or attempt to induce Patient S.B. to engage in physical sexual activity outside the scope of the professional practice of Respondent by exposing his penis to Patient S.B. and/or by asking Patient S.B. to engage in oral sex and/or by masturbating in the presence of Patient S.B. during Patient S.B.’s appointment with Respondent in his medical office. 14. Based on the foregoing, the Respondent has violated Section 456.072(1)(v), Florida Statutes (2009), by engaging in or attempting to engage in sexual misconduct as defined and prohibited by Section 456.063(1), Florida Statutes. COUNT TWO 15. Petitioner realleges and incorporates paragraphs one (1) through nine (9), above, as if fully set forth herein. 16. 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 activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. 17. Respondent exercised influence within a patient-physician relationship for purposes of engaging Patient S.B. in sexual activity by exposing his penis to Patient S.B. and/or by asking Patient S.B. to engage in oral sex and/or by masturbating in the presence of Patient S.B. during Patient S.B.'s appointment with Respondent in his medical office. 18. Based on the foregoing, Respondent has violated Section 458.331(1)(j), Florida Statutes (2009), by exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. COUNT THREE 19, Petitioner realleges and incorporates paragraphs one (1) through nine (9), above, as if fully set forth herein. 20. Section 458.331(1)(nn), Florida Statutes (2009), subjects a licensee to discipline for “violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.” 21. 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 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.” 22. Respondent violated the patient-physician relationship by engaging Patient S.B. in sexual activity outside the scope of the practice or the scope of generally accepted examination or treatment of Patient S.B. by exposing his penis to Patient $.B. and/or by asking Patient S.B. to engage in oral sex on him and/or by masturbating in the presence of Patient S.B. during Patient S.B’s appointment with Respondent in his medical office. 23. Based on the foregoing, Respondent has violated Section 458.331(1)(nn), Florida Statutes (2009), by violating Section 458.329, Florida Statutes (2009). 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. SIGNED this (T° day of _ Peeanber , 2010. Ana M. Viamonte Ros, M.D., M.P.H St rgeor-General FILED mabe bobek DEPARTMENT GERACE Assistant General Counsel akc ERUTY CLENT DOH Prosecution Services Unit a (x-17-10 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL. 32399-3265 Florida Bar # 434337 (850) 245-4640 phone (850) 245-4681 fax PCP: 12.) ite} 19 PCP Members: Leon, Lage + Goersey RIB/jb DOH vs. Tulsibhai L. Pipalia, M.D., Case No. 2010-11372 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted im 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 any other discipline imposed. sc pp ah REESE gymarmeinnn casita neem een STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO: 2010-11372 TULSIBHAI L. PIPALIA, M.D., | RESPONDENT. | / ADMINISTRATIVE COMPLAINT — COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against the Respondent, Tulsibhai L. Pipalia, 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, Florida Statutes. | | 2. Atall times material to this Complaint, the Respondent was a licensed physician within the State of Florida, having been issued license “number ME 47776. EXHIBIT. A 3. The Respondent’s address of record is 3102 West Cypress Street, Suite A, Tampa, Florida 33607, 4. The Respondent is board certified in Internal Medicine by the American Board of Internal Medicine. 5. On or about July 30, 2009, Patient $.B. and her mother presented to the Respondent for regular medical appointments. - 6. Patient SB. and her mother entered the examination room together. The Respondent first‘examined Patient S.B.'s mother with Patient S.B. present. After Patient S.B.’s mother left the room to get blood work done, Patient S.B. was alone with the Respondent. 7. During the time Patient S.B. was alone with the Respondent, the Respondent exposed his penis to Patient S.B. Respondent then: asked Patient S.B. to perform oral sex on. him. When Patient S.B. refused, Respondent proceeded to masturbate in the presence of Patient S.B. -8. When Respondent finished masturbating, he left the examination room. Patient ‘S.B. subsequently left the examination room and she and her mother proceeded to leave the Respondent’s Office. ° 9. After arriving at her house, Patient $.B. reported the incident to the Tampa Police Department that same day. acca gn cn rd ate ett EECA ETE.” ARECTON NA morse ss EE SN FE IGT BSE YE NTT ssc COUNT ONE 10. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. | . 1i. Section 456.072(1)(v), Florida Statutes (2009), provides that engaging in or attempting to engage in sexual misconduct as defined and prohibited by Section 456.063(1), Florida Statutes (2009), constitutes grounds for disciplinary action by the Board of Medicine. 12. 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 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.” 13. The Respondent engaged in or attempted to engage in sexual misconduct by using his professional relationship with Patient S.B. to engage or attempt to engage Patient S.B. in, or to induce or attempt to induce Patient S.B. to engage in physical sexual activity outside the scape of the professional practice of Respondent by exposing his penis to Patient ’ §.B. and/or by asking -Patient S.B. to engage in oral sex and/or by masturbating in the presence of Patient S.B. during Patient S.B’s appointment with Respondent in his medical office. 14. Based on the foregoing, the Respondent has violated Section 456.072(1)(v), Florida Statutes (2009), by engaging in or attempting to engage in sexual. misconduct as defined and prohibited by Section 456.063(1), Florida Statutes. — COUNT TWO 15. Petitioner realleges and incorporates paragraphs one (1) through nine (9), above, as if fully set forth herein. 16. 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 activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. 17. Respondent exercised influence within a patient-physician ' telationship for purposes of engaging Patient S.B. in sexual activity by exposing his penis to Patient S.B. and/or by asking Patient S.B. to engage ether ITN Saas in oral sex and/or by masturbating in the presence of Patient S.B. during Patient S.B.’s appointment with Respondent in his medical office. 18. Based on the foregoing, Respondent has violated Section 458.331(1)(j), Florida Statutes (2009), by exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. / COUNT THREE 19. Petitioner realleges and incorporates paragraphs one (1) . through nine (9), above, as if fully set forth herein. 20. Section 458.331(1)(nn), Florida Statutes (2009), subjects a licensee to discipline for “violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.” 21. 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 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.” 22. Respondent violated the patient-physician relationship by engaging Patient S.B. in sexual activity outside the scope of the practice or . the scope of generally accepted examination or treatment of Patient S.B. by exposing his penis to Patient $.B. and/or by asking Patient S.B. to engage in oral sex on him and/or by masturbating in the presence ‘of Patient S.B. during Patient S.B’s appointment with Respondent in his , medical office. 23. Based on the foregoing, Respondent has violated Section 458.331(1)(nn), Florida Statutes (2009), by violating Section 458.329, Florida Statutes (2009). | 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. SIGNED this (T gay e, Nr OF HEALTH “DEF ARTE CLERK CLERK! pate (A/T -/0. pcp: 12)i&}Is of econlonr , 2010. Ana M. Viamonte Ros, M.D., M.P.H State-Surgeop-General (j CK , 6 Robert J. Bobek Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 434337 (850) 245-4640 phone (850) 245-4681 fax PCP Members: Leon, Lage + Geersch RIB/jb

Docket for Case No: 13-003114PL