STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE DEPARTMENT OF HEALTH, PETITIONER, Vv. 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 O.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. 1i. 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 DH. 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 vy. 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 Je day of December” , 2016. Celeste Philip, MD, MPH Surgeon General and Secretary 0 ~——— Octavio Simoes-Ponce, Esq. Assistant General Counsel ero DOH Prosecution Services Unit “MENT OF HEALTH DePepePUTY CLERK 4052 Bald Cypress Way, Bin C-65 cus eS 2016 ; Tallahassee, FL 32399-3265 D enna Florida Bar No. 0096511 (850) 245-4444 x. 8230 (850) 245-4681 FAX Octavio,Simoes-Ponce@fihealth.gov PCP: December 6, 2016 PCP Members: Dr. Kenneth Dougherty, D.C., and Linda Reynolds DOH y. Enrique Tomas Rodriguez, D.C. Case No. 2015-18518

Docket for Case No: 18-002472PL