STATE OF FLORIDA BOARD OF PHYSICAL THERAPY PRACTICE DEPARTMENT OF HEALTH, PETITIONER, ve . CASE NO.: 2012-12848 DAVID CHRISTIAN GUTIERREZ, PT, | RESPONDENT. ee f ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Physical Therapy against Respondent, David Christian Gutierrez, PT, and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of physical therapy pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 486, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed physical therapist within the state of Florida, having been issued license number PT 23157. 3. Respondent's address of record is 570 West Newbury Street, Citrus Springs, Florida, 34434. . 4. At all times material to this complaint, Respondent was employed as a physical therapist at Infinity Homecare (Infinity) located at 6700 Professional Parkway West, Sarasota, Florida 34240. FACTS CONCERNING PATIENT S.H. 5. On or about March 29, 2012, Respondent completed, signed, and submitted a “Physical Therapy Intervention” patient treatment note (treatment note), indicating he provided physical therapy services to patient S.H. on March 29, 2012 from 2:15 p.m, to 3:00 p.m. The treatment note had a signature resembling patient S.H’s name on the “Patient Signature” line and was dated March 29, 2012. 6. Although Respondent submitted a treatment note for March 29, 2012 for Patient SH, Patient S.H, was admittéd to Ocala Regional/West “Marion Community Hospital (Ocala Regional Hospital) on March 27, 2012 at 2:23 p.m. and discharged from Ocala Regional Hospital on or about April 1, 2012 at 12:53 p.m. FACTS CONCERNING PATIENT M.F. 7. Patient M.A. was asked to verify his signatures on treatment DOH y. David Christian Gutierrez, PT 2 DOH Case No. 2012-12848 notes submitted by various Infinity staff for services provided to him between April 18, 2012 and May 23, 2012. 11 of the 17 treatment notes presented to Patient M.F, were submitted by the Respondent. For each of the 11 treatment notes submitted by the Respondent, Patient M.F stated that the signature on the note was not his. FACTS CONCERNING PATIENT C.C., 8. Patient C.C. was asked to verify her signatures on treatment notes submitted by various Infinity staff for services provided to her’ between June 2, 2012 and July 27, 2012. Five of the 43 treatment notes presented to Patient C.C. were submitted by the Respondent. For each of the five treatment notes submitted by the Respondent, Patient C.C. stated that the signature on the note was not hers. FACTS CONCERNING PATIENT E.E, 9. Patient E.E. was asked to verify her signatures on treatment notes submitted by various Infinity staff for services provided to her between May 31, 2012 and August 2, 2012. 17 of the 22 treatment notes presented to Patient E.E. were submitted by the Respondent. For each of the 17 treatment notes submitted by the Respondent, Patient E.E. stated DOH y. David Christian Gutierrez, PT 3 DOH Case No. 2012-12848 : ra that the signature on the note was not hers. FACTS CONCERNING PATIENT P.B. 10. Respondent completed, signed, and submitted a physical therapy treatment note indicating he provided physical therapy services to patient P.B. on March 23, 2012. The treatment note had a signature * resembling patient P.B’s name on the “Patient Signature” line. 11. Patient .P.B. was asked to verify her signature on the treatment note submitted by Respondent for March 23, 2012. Patient PB. stated that the signature was not hers. 12. Section 486.125(1)(k), Florida Statutes (2012), provides that violating any provision of this Chapter or Chapter 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action. 13.. Rule 64B17-6.001(2)(e)(1), Florida Administrative Code (2012), — states, in relevant part, physical therapists and physical therapist assistants shall not use or participate in the use of any form of communication containing false, fraudulent, misleading, deceptive, unfair or sensational statement or claim, nor use bribery in any form, nor use false advertising, nor misrepresentation of services or self, nor engage in other unprofessional conduct, including, but not limited to, inaccurately recorded, DOH vy, David Christian Gutictrez, PT 4 DOH Case No. 2012-12848 falsified, or altered patient records. “14, Respondent participated in false, fraudulent, misleading, and deceptive communications when he inaccurately recorded, falsified, or altered patient records in one or more of the following ways: a. Respondent completed, signed, and submitted a treatment note for Patient S.H. for March 29, 2012. By signing the documents for March 29, 2012, Respondent indicated he provided physical therapy treatment to Patient SH, when he did not provide treatment to Patient S.H. on that date, b. Respondent completed, signed, and submitted treatment nates that were signed by someone other than Patient M.F. on at least 11 occasions between April 18, 2012 and May 23, 2012. on Respondent completed, signed, and submitted treatment notes that were signed by someone other than Patient C.C. on at least five occasions between June 2, 2012 and July 27, 2012. d. Respondent completed, signed, and submitted treatment notes that were signed by someone other than Patient E.E. on at least 17 occasions between May 31, 2012 and August 2, 2012, e. Respondent completed, signed, and _ submitted a treatment DOH v. David Christian Gutierrez, PT 5 DOH Case No, 2012-12848 note for Patient P.B. for March 23, 2012 that was signed by someone other than Patient P.B. 15, Based on the foregoing, Respondent violated Section 486.125(1)(k), Florida Statutes (2012), and Rule 64B17-6.001(2)(e)(1), Florida Administrative Code (2012), WHEREFORE, the Petitioner respectfully requests that the Board of ~ Physical Therapy Practice 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. DOH v. David Christian Gutierrez, PT . 6 DOH Case No, 2012-12848 SIGNED this _|{*_ day of _| December , 2013. John H. Armstrong, MD, FACS State Surgeon General & Secretary Assistant General Counsel Florida Bar # 0099413 FILED DEPARTMENT OF HEALTH DOH-Prosecution Services Unit DEPUTY CLERK 4052 Bald Cypress Way-Bin C-65 CLERK Angel Sanders Tallahassee, Florida 32399-3265 DATE W215 (850) 245-4444, Ext. 8178 (850) 245-4681 (fax) pep: tdlioli3 PCP Members: Lal, Candela te Clendenin, 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. David Christian Gutierrez, PT , , ? DOH Case No, 2012-12848 5 . .

Docket for Case No: 14-003111PL