STATE OF FLORIDA ’ BOARD OF NURSING DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2016-27025 ASOK KUMAR RAY, M.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Medicine (Board) against Respondent Asok Kumar Ray, M.D., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes (2016); Chapter 456, Florida Statutes (2016); and Chapter 458, Florida Statutes (2016). 2. At all times material to this Complaint, Respondent was licensed to practice as a physician in the State of Florida, having been issued license number ME 99452. 3. Respondent’s address of record is 1093 A1A Beach Boulevard, St. Augustine, Florida 32080. 4. On or about and between November 2015 and February 2017, multiple law enforcement agencies conducted an investigation of Respondent. Law enforcement undercover agents (LEO patients) presented as patients for appointments with Respondent. 5. On or about and between November 2015 and February 2017, Respondent engaged in a pattern of behavior of exchanging sexual acts with patients for free or discounted medical examinations and prescriptions for medicinal drugs and/or controlled substances as defined in Chapter 893, Florida Statutes (2015-2016). 6. On one or more occasions Respondent engaged or attempted to engage LEO patients in the exchange of sexual acts for free or discounted medical examination and prescriptions for medicinal drugs and/or controlled substances as defined in Chapter 893, Florida Statutes. 7. On one or more occasions Respondent held a LEO patient's hand, rubbed his/her arms, and/or back. 8. On one or more occasions Respondent asked if a LEO patient loved him. 9. On one or more occasions Respondent asked a LEO patient to DOH v. Asok Kumar Ray, M.D. 2 DOH Case Number 2016-27025 perform oral sex on him and to give him a massage. 10. On one or more occasions Respondent attempted to pull his penis out of his pants in front of a LEO patient. 11. On one or more occasions Respondent inappropriately grabbed a LEO patient's breast, attempted to pull a LEO patient’s breast out of her shirt, and attempted to kiss a LEO patient. 12. On one or more occasions Respondent asked a patient to send him a naked photograph. 13. During the period of investigations Respondent's wife, Manjula Ray (M. Ray), who is not licensed to practice medicine in the state of Florida, was practicing medicine in Respondent's office. 14. Respondent aided, assisted, procured, or advised M. Ray in the unlicensed practice of medicine. 15. Respondent pre-signed blank prescription forms for M. Ray to utilize in her unlicensed practice of medicine. 16. In Respondent's office, M. Ray had a placard on a door that read “Manjula Ray, M.D.” 17. On one or more occasions M. Ray conducted a medical interview of a LEO patient without Respondent’s supervision, checked a DOH v. Asok Kumar Ray, M.D. 3 DOH Case Number 2016-27025 LEO patient's blood pressure and pulse, instructed a LEO patient on how to take medication, analyzed a LEO patient's urine sample, wrote notes in a LEO patient's medical chart, and made decisions on type and quantity of medication to prescribe a LEO patient. 18. On one or more occasions M. Ray examined a LEO patient’s wrist, told her to take Aleve, provided her with samples of Aleve, and instructed the LEO patient on how to stretch her wrist to relieve the LEO patient’s symptoms. 19. On one or more occasions M. Ray utilized pre-signed blank prescription forms to prescribe medication and/or controlled substances to a LEO patient without conferring with Respondent. COUNTI 1. Petitioner re-alleges and incorporates by reference paragraphs 1 through 19, as if fully set forth herein. 2. Section 458.331(1)(nn), Florida Statutes (2015-2016), subjects a physician to discipline for violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto. 3. Section 456.072(1)(v), Florida Statutes (2015-2016), subjects a physician to discipline for engaging or attempting to engage in sexual DOH v. Asok Kumar Ray, M.D. 4 DOH Case Number 2016-27025 misconduct as defined and prohibited in Section 456.063(1), Florida Statues (2015-2016), 4. Section 456.063(1), Florida Statutes (2015-2016), states: Sexual misconduct in the practice of a health care profession means violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or representative of the patient or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. 5. Respondent engaged or attempted to engage in sexual misconduct with multiple patients in one or more of the following ways: fav] . Holding a LEO patient’s hand; b. Rubbing a LEO patient’s arms, shoulders, and/or back; c. Asking a LEO patient if he/she loved Respondent; d. Asking a LEO patient to perform oral sex on Respondent; e. Asking a LEO patient to massage Respondent; f. Attempting to pull his penis out his pants in front of a LEO patient; DOH vy. Asok Kumar Ray, M.D. 5 DOH Case Number 2016-27025 g. Inappropriately touching a LEO patient's breast; h. Attempting to pull a LEO patient's breast out of her shirt; i. Attempting to kiss a LEO patient; and/or j. Asking a patient to send him a naked photograph. 6. Based on the foregoing, Respondent violated Section 458.331(1)(nn), Florida Statutes (2015-2016), by violating Section 456.072(1)(v), Florida Statutes (2015-2016). COUNT II 7, Petitioner re-alleges and incorporates by reference paragraphs 1 through 19, as if fully set forth herein. 8. Section 458.331(1)(j), Florida Statutes (2015-2016), subjects a physician to discipline for exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. 9. Rule 64B8-9.008(2), Florida Administrative Code (2015-2016), further defines sexual misconduct for purposes of a violation of Section 458.331(1)(j), Florida Statues (2015-2106), to include but is not limited to: Sexual behavior or involvement with a patient including verbal or physical behavior which may reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or DOH v, Asok Kumar Ray, M.D. 6 DOH Case Number 2016-27025 outside of it; may reasonably be interpreted as intended for the sexual arousal or gratification of the physician, the patient or any third party; or may reasonably be interpreted by the patient as being sexual. Sexual behavior or involvement with a patient not actively receiving treatment from the physician, including verbal or physical behavior or involvement which meets any one or more of the criteria in paragraph (2)(a) above and which results from the use or exploitation of trust, knowledge, influence or emotions derived from the professional relationship; misuses privileged information or access to privileged information to meet the physician's personal or sexual needs; or is an abuse or reasonably appears to be an abuse of authority or power, 10. Respondent exercised influence within a patient-physician relationship for the purposes of engaging one or more patients in sexual activity, in one or more of the following ways: a. Holding a LEO patient's hand: b. Rubbing a LEO patient's arms, shoulders, and/or back; c. Asking a LEO patient if he/she loved Respondent; d. Asking a LEO patient to perform oral sex on Respondent; e. Asking a LEO patient to massage Respondent; f. Attempting to pull his penis out his pants in front of a LEO DOH v. Asok Kumar Ray, M.D, 7 DOH Case Number 2016-27025 patient; g. Inappropriately touching a LEO patient's breast; h. Attempting to pull a LEO patient’s breast out of her shirt; i. Attempting to kiss a LEO patient; and/or j. Asking a patient to send him a naked photograph. 11. Based on the foregoing, Respondent violated Section 458.331(1)(j), Florida Statutes (2015-2016). COUNT III 12. Petitioner re-alleges and incorporates by reference paragraphs 1 through 19, as if fully set forth herein. 13. Section 458.331(1)(f), Florida Statutes (2015-2016), subjects a physician to discipline for aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to chapter 458 or to a rule of the department or the board. 14, Respondent aided, assisted, procured, or advised M. Ray to practice medicine contrary to chapter 458 or to a rule of the department or the board in one or more of the following ways: a. Providing and allowing the use of pre-signed prescriptions; DOH v. Asok Kumar Ray, M.D. 8 DOH Case Number 2016-27025 b. Inappropriately delegating patient care duties to M. Ray; and/or c. Tacitly holding M. Ray out as a physician. 15. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes (2015-2016). COUNT IV 16. Petitioner re-alleges and incorporates by reference paragraphs 1 through 19, as if fully set forth herein. 17. Section 458.331(1)(w), Florida Statutes (2015-2016), subjects a physician to discipline for delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them. 18. Respondent unlawfully delegated professional responsibilities to M. Ray when he knew or had reason to know that M. Ray was not licensed to practice medicine in Florida. 19. Based on the foregoing, Respondent violated Section 458.331(1)(f), Florida Statutes (2015-2016). DOH v. Asok Kumar Ray, M.D. 9 DOH Case Number 2016-27025 COUNT IV 20. Petitioner re-alleges and incorporates by reference paragraphs 1 through 19, as if fully set forth herein. 21. Section 458.331(1)(aa), Florida Statutes (2015-2016), subjects a physician to discipline for pre-signing blank prescription forms. 22. Respondent unlawfully pre-signed blank prescription forms for the use of M. Ray, an unlicensed physician. 23. Based on the foregoing, Respondent violated Section 458.331(1)(aa), Florida Statutes (2015-2016). WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [SIGNATURE PAGE TO FOLLOW] DOH v. Asok Kumar Ray, M.D. 10 DOH Case Number 2016-27025 SIGNED this SE day of Unne 2017. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Rob F. sumis, Esq. Florida Bar Number 0099658 venta ee yea Assistant General Counsel DEPUTY CLERK DOH Prosecution Services Unit . 4052 Bald C ss Way, Bin C-65 ten: Bch? Contes vpress Way Tallahassee, FL 32399-3265 |) F20\F (p) 850-245-4444 ext. 8150 DATE (f) 850-245-4662 (e) Robert.Summers@flhealth.gov PCP: June 5, 2017 PCP Members: Magda H. Averhoff, M.D. - Chairperson Hector Vila, M.D. Nicholas Romanello DOH v. Asok Kumar Ray, M.D. DOH Case Number 2016-27025 11 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. 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 pursuant to Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. Asok Kumar Ray, M.D. 12 DOH Case Number 2016-27025

Docket for Case No: 17-004447PL