STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2012-01747 JUDITH MCKENZIE, D.C., RESPONDENT. / eee ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Judith McKenzie, D.C. In support Petitioner 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 Complaint, Respondent was a chiropractic physician within the State of Florida, having been issued license number CH 2148 on or about September 8, 1983. DOH v. Judith McKenzie, D.C. “ase No. 2012-01747 3. | Respondent's address of record is 2012 Overlook Drive, Winter Haven, Florida 33884. 4. On or about September 23, 2010, Respondent filled out an Application for Certificate of Exemption from Licensure as a Health Care Clinic form utilized by the Agency for Health Care Administration (AHCA) on behalf of a Clinic known as Silver Star Health and Rehab, Inc. (Silver Star). 5. | The Application for Certificate of Exemption from Licensure as a Health Care Clinic form was filed with AHCA or about October 4, 2010. 6. Under Chapter 400, Florida Statutes, all health care clinics must be licensed with AHCA or 100% owned by healthcare professionals licensed by the Department of Health. 7. In the Application for Certificate of Exemption from Licensure as a Health Care Clinic for Silver Star, Respondent indicated that she was the 100% total owner of Silver Star Clinic. 8. In the Application for Certificate of Exemption from Licensure as a Health Care Clinic for Silver Star, Respondent indicated that Silver Star was eligible for Exemption from Licensure as a Health Care Clinic based her status a licensed chiropractic physician, 9. Silver Star was not 100% owned by Respondent. DOH v. Judith McKenzie, D.C. Case No, 2012-01747 10. Silver Star was owned by Jean-Ely Colin and/or Mark Maxis. Count One- Filing a False Report 11. Respondent re-alleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 12. Section 460.413(1)(j), Florida Statutes (2010), subjects a chiropractic physician to discipline for making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. Such reports or records shall include only those which are signed in the capacity of a licensed chiropractic physician. 13. Respondent made and/or filed a report which she knew to be false when she filled out an AHCA Application for Certificate of Exemption from Licensure as a Health Care Clinic for Silver Star which indicated that she was the 100% owner of Silver Star. 14. Based on the foregoing, Respondent violated Section 460.413(1)(j), Florida Statutes (2010). DOH v. Judith McKenzie, D.C. 3 Case No, 2012-01747 Count Two- Misleading, Deceptive, Untrue or Fraudualent Representations 15. Petitioner re-alleges paragraphs one (1) through ten (10) as if fully set forth within this paragraph. 16. Section 460.413(1)(k), Florida Statutes (2010), subjects a chiropractic physician to discipline for making misleading, deceptive, untrue, or fraudulent representations in the practice of chiropractic medicine. 17, Respondent made a misleading, deceptive, untrue and/or fraudulent representation in the practice of chiropractic medicine when in an AHCA Application for Certificate of Exemption from Licensure as a Health Care Clinic for Silver. Star, Respondent indicated that she was the 100% owner of Silver Star. 18. Based on the foregoing, Respondent violated Section 460.413(1)(k), Florida Statutes (2010). WHEREFORE, the 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, DOH v. Judith McKenzie, D.C. 4 Case No. 2012-01747 refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. Th SIGNED this “OD __ day of Kaolin , 2012. John H. Armstrong, MD State Surgeon General and Secretary Florida Department of Health Tobey Schultz Assistant General Counsel Fla. Bar No. 0542131 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 DEPARTMENT OF HEALTH Telephone: (850) 245-4640 x. 8176 CLERK Ammer ogERK Facsimile: (850) 245-4683 PATE HELD 0 20He Email: tobey_schultz@doh.state.fl.us PCP: December 20, 2012 PCP Members: Michael Mathesie, D.C. & Randy Harding, D.C. DOH v. Judith McKenzie, D.C. 5 Case No, 2012-01747 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. DOH v. Judith McKenzie, D.C. 6 Case No. 2012-01747

Docket for Case No: 14-000551PL