STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2015-17379 ANTHONY CIRRUZZO, R.C.A,, RESPONDENT. _! ADMINISTRATIVE COMPLAINT i Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Anthony Cirruzzo, R.C.A. 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 licensed as a registered chiropractic assistant in the State of Florida, having. been issued License Number RCA 6765. DOH vy. Anthony Cirruzzo, R.C.A, Case No, 2015-17379 Page | of 8 3. Respondent’s address of record is 13540 North Florida Avenue, Suite 103, Tampa, Florida 33613, 4. At all times material to this Complaint, Respondent was the owner/operator of West Coast Medical Management Clinic, located at 13540 North Florida Avenue, Suite 103, Tampa, Florida 33613 CWest Coast Medical”). 5. On or about October 28, 2014, Respondent provided a Florida Department of Financial Services Undercover Detective (Patient UC") $1000.00 in exchange for UC treating, and continuing to treat, at West Coast Medical. | 6. Respondent informed Patient UC that the payment was in exchange for at least 26 visits, of which Patient UC had completed 14 visits. 7. Pursuant to Respondent’s payment and instructions, Patient UC was being paid for both treatment he had already received as well as treatment to be rendered on future visits. 8. Respondent also informed Patient UC that he would be monetarily compensated for referring any additional patients to West Coast Medical. 9, Onor about May 21, 2015, Respondent was arrested for felony patient brokering and felony false/fraudulent insurance claims in Hillsborough DOH v. Anthony Cirrnzzo, R.C.A. Case No, 2015-17379 Page 2 of 8 County, Florida. 10. On or about April 13, 2016, in Case Number 15-CF-007383-A, in the Circuit Court of the 13" Judicial Circuit of the State of Florida, In and For Hillsborough County, Respondent was found guilty of patient brokering induce referral of patients in violation of Section 817.505(1)(a), Florida Statutes. 11. Patient brokering and inducing the referral of patients are related to the practice, or the ability to practice, chiropractic medicine. COUNT I . 12. Petitioner re-alleges and incorporates paragraphs one through 10, as if fully set forth herein. 13. Section 460.413(1)(), Florida Statutes (2014), states that ‘soliciting patients either personally or through .an agent, unless such solicitation falls into a category of solicitations approved by the board”, constitutes grounds for disciplinary action. 14. Respondent solicited patients in a manner that did not fall into a category of solicitations approved by the board in one or more of the following ways: a. __ providing monetary compensation to Patient UC in exchange for treatment that had been rendered; DOH v. Anthony Cirruzzo. R.C.A. Case No. 2015-17379 Page 3 of 8 b. providing monetary compensation to Patient UC in exchange for treatment that had yet to be rendered; and/or c. offering to provide monetary compensation to Patient UC in exchange for referring additional patients to West Coast Medical. 15. Based on the foregoing, Respondent violated Section 460.413(1)(I), Florida Statutes (2014), by soliciting Patient UC in manner that did not fall into a category of solicitations approved by the board. COUNT IT i | 16. Petitioner re-alleges and incorporates paragraphs one through 11, as if fully set forth herein. 17. Section 460.413(1)(c), Florida Statutes (2015), states that “being convicted or found guilty, regardless of adjudication, of a crime In any jurisdiction which directly relates to the practice of chiropractic medicine or to the ability to practice chiropractic medicine”, constitutes grounds for disciplinary action. 18. Respondent was found guilty of a crime related to the practice, or the ability to practice, chiropractic medicine when a jury found him guilty of patient brokering Induce referral of patients in violation of Section 817.505(1)(a), Florida Statutes. DOH vy. Anthony Cirnizzo. R.CLA. Case No. 2015-17379 Page 4 of 8 19. Based on the foregoing, Respondent violated Section 460.413(1)(c), Florida Statutes (2015), by being found guilty of a crime in any jurisdiction which relates to the practice of, or the ability to practice, chiropractic medicine. WHEREFORE, 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, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [SIGNATURE BLOCK ON FOLLOWING PAGE] DOH v. Anthony Cirnuzzo, R.C.A. Case No. 2015-17379 Page 5 of 8 SIGNED this 27! _ day of Pre. \ , 2016. Celeste Phillip, MD, MPH Interim State Surgeen General Christopher R. Dierlam, Esq. Assistant General Counsel _ Florida Bar No.: 102266 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 - Tallahassee, FL 32399-1701 Telephone (850) 245-4444 ext. 8220 Facsimile: (850) 245-4684 Christopher. Dierlam@fihealth.qov ' ' { PCP Date: April 19, 2016 PCP Panel: Sal LaRusso & Christopher Fox FILED Department Of Health Deputy Clerk Sagdens pate APR EBB eee DOH y. Anthony Cirruzzo, R.CLA, Case No, 2015-17379 Page 6 of 8 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. Please send your request to: Department of Health Prosecution Services Unit i Attention: Christopher R. Dierlam, Esq. 4052 Bald Cypress Way, Bin #C65 Tallahassee, Florida 32399-1701 If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this agency action. DOH ¥. Anthony Cirruzzo, R.C.A. Case No. 2015-17379 Page 7 of 8 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 vy, Anthony Cirruzzo, R.C.AL Case No. 2015-17379 Page 8 of 8

Docket for Case No: 16-004014PL