STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE DEPARTMENT OF HEALTH, PETITIONER, v. . CASE NO. 2015-18518 ENRIQUE TOMAS RODRIGUEZ, D.C. RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Enrique Tomas Rodriguez, D.C., and in support thereof alleges: | 1. Petitioner is the state department charged with regulating the practice of chiropractic medicine pursuant to Chapter 20, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 460, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed chiropractic physician within the State of Florida, having been issued license number CH 9812 on September 17, 2009. DOH v. Enrique Tomas Rodriguez, D.C. Case No. 2015-18518 3. Respondent's address of record is 1840 NW 122 Terrace, Pembroke Pines, FL 33026. 4. On or about June 6, 2012, Patient D.H. presented to Respondent for chiropractic treatment. 5. Respondent began treating Patient D.H. in one of the treatment rooms in his practice. 6. While Respondent was treating Patient D.H. in the treatment room, Patient D.H.’s breast became inadvertently exposed. 7. In response to the exposure, Respondent made one or more sexually suggestive remarks to Patient D.H. 8. After initially treating the area above Patient D.H/'s left breast, Respondent began to touch Patient D.H.’s breasts with his hands. 9. Patient D.H. told Respondent to stop touching her breasts. 10. Respondent then suggested further treatment in a different, second room. 11. While Patient D.H. was in the second room, Respondent again touched Patient D.H.’s breast with his hands. 12. While Patient D.H. was in the second room, Respondent also touched Patient D.H.’s breast with his mouth. DOH v. Enrique Tomas Rodriguez, D.C. . Case No, 2015-18518 13. While Patient D.H. was in the second room, Respondent inserted his fingers into Patient D.H.’'s vagina. 14. Respondent again made one or more sexually suggestive remarks. 15. After a period of time, Respondent stopped and told Patient D.H. that he wanted to keep the above events between himself and Patient D.H. 16. The appointment ended and Patient D.H. left the office. Before arriving home, Patient D.H. called 911 and reported the incident to the police. 17. Respondent had no medical reason to make sexually suggestive remarks to Patient D.H. or to touch her breasts and vagina in the manners described above. 18. Section 460.413(1)(ff), Florida Statutes (2011), subjects a chiropractor to discipline for violating any provision of chapter 460 or any rules adopted pursuant thereto. 19, Section 460.412, Florida Statutes (2011), provides that sexual misconduct in the practice of chiropractic medicine means violation of the chiropractic physician-patient relationship through which the chiropractic DOH v. Enrique Tomas Rodriguez, D.C. Case No. 2015-18518 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 practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of chiropractic medicine is prohibited. 20. Respondent used his relationship as Patient D.H.’s chiropractic physician to induce or attempt to induce Patient D.H. to engage, or to engage or attempt to engage Patient D.H., in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment, by: a. Making sexually suggestive remarks to Patient D.H.; b. Touching Patient D.H.’s breasts with his hands; c. Touching Patient D.H.’s breast with his mouth; and/or d. Inserting his fingers into Patient D.H.’s vagina. 21. Based on the foregoing, Respondent has violated Section 460.413(1)(ff), Florida Statutes (2011), by violating Section 460.412, Florida Statutes (2011). WHEREFORE, Petitioner respectfully requests that the Board of Chiropractic Medicine enter an order imposing one or more of the following DOH v. Enrique Tomas Rodriguez, D.C. Case No, 2015-18518 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 ly day of | Jee an ae , 2016. Celeste Philip, MD, MPH Surgeon General and Secretary 00)——— err Octavio Simoes-Ponce, Esq. Assistant General Counsel per ARTHENT © oF BEALTH DOH Prosecution Services Unit DEPUTY CLERK 4052 Bald Cypress Way, Bin C-65 Cun pee 1 5 208 _. Tallahassee, FL 32399-3265 Florida Bar No. 0096511 (850) 245-4444 x, 8230 (850) 245-4681 FAX Octavio.Simoes-Ponce@flhealth.gov PCP: December 6, 2016 PCP Members: Dr, Kenneth Dougherty, D.C., and Linda Reynolds DOH vy. Enrique Tomas Rodriguez, D.C. Case No, 2015-18518 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 Attention: Octavio Simoes-Ponce, 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. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. DOH v. Enrique Tomas Rodriguez, D.C. Case No, 2015-18518 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, Enrique Tomas Rodriguez, D.C. Case No. 2015-18518

Docket for Case No: 17-000619PL