STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vv. CASE NO. 2010-04278 Jose Celpa, A.P, Respondent. 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 the Respondent, Jose Celpa, 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; Chapter 456, Florida Statutes; and Chapter 457, Florida Statutes. 2. At all times material to this Complaint, the Respondent was registered with the Board of Acupuncture as an acupuncturist, having been issued license number AP 519. 3, | Respondent's address of record is 12016 Mountbatten Drive, Tampa, FL 33626. 4. On-or about. August 22, 2003, the Respondent presented a fraudulent prescription to a pharmacy for 90 Dilaudid using the name of “Jose Poncr.” The prescription was written using Dr. O.'s name and DEA number. Investigation revealed that the doctor did not authorize the prescription and no longer practiced in the Tampa area. The pharmacy tech identified the Respondent from a line up as the person who had picked up the fraudulent prescription. 5. Dilaudid is a Schedule IT controlled Substance. 6. Obtaining a controlled substance by fraud is a third degree felony punishable by $5,000 fine. and up to 5 years in prison. 7...On or about October 2, 2003, Respondent was charged by criminal. information. in the Circuit Court of the Thirteenth Judicial Circuit in and for the county of Hillsborough, State of Florida, Tampa District Case Number 2003-CF-015672 with obtaining a controlled substance by fraud, in violation of Section 893,13 (7)(a)9, Florida Statutes. 8. On or about October 28, 2003, Respondent was charged by criminal information in the Circuit Court of the Thirteenth Judicial Circuit in J:\PSU\Medical\Dentistry\Patricia Smith\Acupuncture\PCP documents\Celpa 201004278.doc 2 ner ES and for the county of Hillsborough, State of Florida, Tampa District Case Number 2003-CF-016664 with obtaining a controlled substance by fraud, in violation of Section 893.13 (7)(a)9, Florida Statutes. 9. The information in case 2003-CF-016664 alleged that on August 21, 2003, the Respondent unlawfully obtained or attempted to obtain Hydromorphone, a controlled substance by fraud. 10. The Respondent passed a fraudulent prescription for 90 Dilaudid to a pharmacy in the name of “Blanca Poncr” using the name and DEA number of Dr.O. Dr.O. stated that he did not have a patient by that name and the prescription was fraudulent. The pharmacy tech identified the Respondent from a line up as the person who had presented the fraudulent prescription. 11... The information in case 2003-CF-015672 alleged that on August 22, 2003, the Respondent: did unlawfully and feloniously acquire or obtain or attempt to acquire or obtain possession of a controlled substance, to wit: Pethidine (Meperdine), as named or described in Section 893.03 (2)(b), Florida Statutes by misrepresentation, fraud, forgery, deception or subterfuge. J:\PSU\Medical\Dentistry\Patricia Smith\Acupuncture\PCP documents\Celpa 201004278.doc 3 12. On or about May 31, 2005, the Respondent entered a plea of guilty. in case 2003-CF-015672 and 2003-CF-016664 to obtaining a controlled substance by fraud. The Respondent received a withhold of adjudication and was sentenced to 24 months of probation. 13. On or about May 31, 2005, the Respondent entered a plea of guilty in case 2003-CF-009469 to carrying a concealed firearm, driving with license cancelled, suspended or revoked and operating unregistered vehicle. 14. Carrying a concealed firearm is a third degree felony punishable by up to 5 years in prison. Driving with license cancelled, suspended or revoked and operating unregistered vehicle are second degree misdemeanors punishable: by up to 60 days in the county jail. 15. The Respondent received a withhold of adjudication and was sentenced to 24 months of probation on the felony, carrying a concealed firearm and 6 months probation on the misdemeanor charges. The probation sentences in case numbers 2003-CF-15672, 2003-CF-16664 and 2003-CF-009469 all ran concurrent with each other. 16. Respondent's conviction for obtaining a controlled substance by fraud, directly relates to Respondent's practice of acupuncture or to Respondent’s abilily to practice acupuncture. J:\PSU\Medical\Dentistry\Patricia Smith\Acupuncture\PCP documents\Celpa 201004278.doc 4 17. The Respondent failed to report his convictions in case numbers 2003-CF-156724, 2003-CF-16664 and/or 2003-CF-009469 to the Board of Acupuncture. COUNT ONE 18. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 19. Section 457.109(1)(c), Florida Statutes (2004), subjects a licensee to discipline for violating being convicted or found guilty, regardless of adjudication, in any jurisdiction of a crime which directly relates to the practice of acupuncture or to the ability to practice acupuncture. 20. Respondent was convicted of a crime which directly relates to the practice of acupuncture or to: the ability to practice acupuncture, in one or more of the following ways: a. By being convicted of obtaining a controlled substance by fraud in case 2003-CF-015672 ;and/or, b. Py being convicted of obtaining a controlled subs'ince by fraud in case 2003-CF-16664. 21. Based on the foregoing, Respondent violated Section 457.109(1)(c), Florida Statutes (2004), when Respondent was convicted of J:\PSU\Medical\Dentistry\Patric'a Smith\Acupuncture\PCP: documents\Celpa 201004278.doc 5 obtaining a contro!led substance by fraud in case numbers 2003-CF-015672 and/or 2003-CF-16664. COUNT TWO 22. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 23. Section 455.072(1)(w), Florida Statutes (2005), subjects a licensee to discipline for failing to report to the Board of Acupuncture, in writing within 30 clays after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisc ction. 24. Respondent failed to report to the Board of Acupuncture, his convictions, in one or rnore of the following ways: a. . By failing to’ report his conviction on May 31, 2005 for obtaining a controlled substance by fraud in case 2003-CF-015672; b. = Py failing to report his conviction on May 31, 2005, for obtaining a controlled substance by fraud in case 2002 -CF-16664; and/or, J:\PSU\Medical\Dentistry\’.atvici: Smith\Acupuncture\PCP documents\Celpa 201004278.doc 6 c. Py failing to report his convictions on May 31, 2005, for cerrying a concealed firearm, driving with license cancelled, suspended or revoked and “operating unregistered vehicle. 25: Based on the foregoing, Respondent violated Section 456.072(1)(w), Florida Statutes (2004), by failing to inform the Board of Acupuncture in writing within 30 days of his May 31, 2005, convictions for obtaining a prescrotion by fraud, carrying a concealed firearm, driving with license cancelled, suspended or revoked and operating unregistered vehicle. WHEREFOR:, Petitioner respectfully requests that the Board of Acupuncture enter an order imposing one or more of the following penalties: restric‘ion of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of ‘ces billed or collected, remedial education and/or any other relief that the Board deems appropriate. J:\PSU\Medical\Dentistry’ tics Smith\Acupuncture\PCP documents\Celpa 201004278.doc 7 SIGNED this. 29th day of September, 2010. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General G CL \ eal Patricia Smith Assistant General Counsel DOH, Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 PED caren Florida Bar # 728160 ee A EPUTY CLER< (850) 245-4640 - phone CLERK Stndra Soto (850) 245-4683 - fax DATE /p-E DESO PCP: 9/29/2010 PCP Members: FE & GG DOH v José Celpa; Case # 2010-04278 J:\PSU\Medical\Dentistry\ Patricia Smith\Acupuncture\PCP documents\Celpa 201004278.doc 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/"°, F<: ida Statutes, the Board shall assess costs related to the investigation =: prosecution of a disciplinary matter, which may include attorney hew and costs, on the Respondent in addition to any other discipline imoce od. LOI! v Jose Celpa; Case # 2010-04278 J:\PSU\Medical\Dentistry\P.:icia Smith\Acupuncture\PCP documents\Celpa 201004278.doc 9

Docket for Case No: 14-001491PL