_ STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE DEPARTMENT OF HEALTH, PETITIONER, | ve CASE NO. 2015-18148 CHEDRICK NEAL, 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 (Board) against Respondent, Chedrick Neal, D.C., and in support thereof alleges: 1. Petitioner is the state agency 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 first been issued license number CH 9402 on June 21, 2007. DOH v. Chedrick Neal, D.C. Case No. 2015-18148" 3. Respondent’s mailing address of record is 800 Ocala Rd., STE 300-193, Tallahassee, Florida 32304. 4. On or about December 13, 2016, in the Circuit Court of the . Second Judicial Circuit in and for Leon County, Florida, in case number * 2013 CF 1372 A, Respondent entered a plea of nolo contendere to, and had adjudication withheld for, one count of possession of more than 20 grams of cannabis with intent to sell, a third-degree felony, in violation of Section 893.13(1)(a)(2), Florida Statutes. 5. According to Section 893.03(1), Florida Statutes, cannabis is a Schedule I controlled substance that has a high potential for abuse and has no currently accepted medical use in treatment in Florida. The term does not include “low-THC cannabis” or “medical cannabis,” as defined in Section — 381.986, Florida Statutes, if manufactured, ordered, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with Section 381.986, Florida Statutes. | 6. Respondent failed to report his plea in writing to the Board within 30 days. DOH y. Chedrick Neal, D.C. Case No, 2015-18148 COUNT I — CRIME RELATED TO ABILITY TO PRACTICE 7. Petitioner reasserts and re-alleges paragraphs one through five as if set forth fully at length herein. 8. Section 460.413(1)(c), Florida Statutes (2016), provides: 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 discipline. Any plea of nolo contendere shall be considered a conviction for purposes of this chapter. 9. Possessing more than 20 grams of cannabis with intent to sell, a third-degree felony, in violation of Section 893.13(1)(a)(2), Florida Statutes, is directly related to the ability to practice chiropractic medicine because doing so: a. Presents a danger to public health and safety; b. | Demonstrates lack of honesty, integrity, and judgment; and/or c. | Demonstrates inability to follow laws and rules. 10. Based on the foregoing, Respondent has violated Section 460.413(1)(c), Florida Statutes (2016), by entering a nolo contendere plea DOH v. Chedrick Neal, D.C. Case No. 2015-18148 to a crime that directly relates to the ability to practice chiropractic medicine. COUNT II — FAILURE TO REPORT 11. Petitioner reasserts and re-alleges paragraphs one through six as if set forth fully at length herein. 12. Section 460.413(1)(ff), Florida Statutes (2016), subjects a chiropractor to discipline for violating any provision of Chapter 456. 13. Section 456.072(1)(x), Florida Statutes (2016), subjects a licensee to discipline for failing to report to the Board, or the department if there is no Board, in writing within 30 days 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 jurisdiction. 14. Respondent failed to report his nolo contendere plea in writing to the Board within 30 days. 15. Based on the foregoing, Respondent has violated Section 460.413(1)(ff), Florida Statutes (2016), by violating Section 456.072(1)(x), Florida Statutes, by failing to report his nolo contendere plea to the Board in writing within 30 days. DOH v. Chedrick Neal, D.C. Case No. 2015-18148 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. SIGNED this__) _ day of Meard~ , 2017. Celeste Philip, MD, MPH Surgeon General and Secretary Or Octavio Simoes-Ponce, Esq. Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Fl. 32399-3265 FILED a DEPARTMENT OF HEALTH Florida Bar No. 0096511 ERK Amber Greene (850) 245-4444 x. 8230 DATE MAR 0 8 2017 (850) 245-4681 FAX Octavio.Simoes-Ponce@flhealth.gov PCP: March 7, 2016 PCP Members: Dr. Julie Hunt, D.C., Chairperson, and Dr. Gene Jenkins, D.C. DOH v., Chedrick Neal, D.C. Case No. 2015-18148 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. Chedrick Neal, D.C. Case No. 2015-18148 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. Chedrick Neal, D.C. Case No. 2015-18148

Docket for Case No: 17-003800PL