STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, CASE NO.: 2015-21468 ALFREDO JOSE FERNANDEZ, M.D., RESPONDENT. / DMIN TIV MPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against the Respondent, Alfredo Jose Fernandez, 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; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed Area of Critical Need physician within the State of Florida, having been issued license number ACN 462. 3. Respondent's address of record is 31790 US Highway 19 North, Apartment 71, Palm Harbor, Florida 34684. 4. Onor about June 2, 2015, Patient L.L., a 37 year old female, presented to HealthNow Family & Urgent Care Clinic (hereinafter “HealthNow”) with complaints of painful urination possibly related to a urinary tract infection. 5. At the HealthNow visit that occurred on or about June 2, 2015, Patient L.L. was treated by osteopathic physician A.N. (hereinafter A.N., D.O.) 6. At the HealthNow visit that occurred on or about June 2, 2015, A.N., D.O. preemptively prescribed Patient L.L. a seven day prescription for ciprofloxacin! 500 mg, to be taken orally every twelve hours. 7. At the HealthNow visit that occurred on or about June 2, 2015, A.N., D.O. ordered a urine culture for Patient L.L. to confirm whether her painful urination was in fact the result of a urinary tract infection. 8. Atthe HealthNow visit that occurred on or about June 2, 2015, A.N., D.O. ordered a follow-up exam for Patient L.L. in two weeks. 1 Ciprofloxacin is an antibiotic medication commonly prescribed to treat a wide spectrum of common bacterial causes of urinary tract infections. DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 2 of 9 9. Onor about June 18, 2015, Patient L.L. returned to HealthNow for her follow-up exam. 10. At the HealthNow follow-up exam that occurred on or about June 18, 2015, Patient L.L. was treated by Respondent. 11. At the HealthNow follow-up exam that occurred on or about June 18, 2015, Patient L.L. reported that her painful urination had subsided and that she was feeling much better. 12. At the HealthNow follow-up exam that occurred on or about June 18, 2015, Patient L.L. provided a follow-up urine sample so it could be cultured to determine if she still had a urinary tract infection. Patient L.L’s June 18, 2015 urine sample was cultured in-house by HealthNow and the results of this culture were reported to Respondent while Patient L.L. was still awaiting her examination with him that day. 13. The urine culture results for the June 18, 2015 urine sample provided by Patient L.L. were negative for a urinary tract infection. These culture results were relayed to Respondent before he began his June 18, 2015 examination of Patient L.L. 14. There is documentation in Patient L.L.s HealthNow medical records from the visit that occurred on or about June 18, 2015, that DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 3 of 9 indicates that Patient L.L. had a history of interstitial cystitis and endometriosis. 15. There is no documentation in Patient L,L.’s Health Now Clinic medical records from the visit that occurred on or about June 18, 2015, that indicates that Patient L.L. was having any problems regarding her interstitial cystitis and/or endometriosis at the time of the June 18, 2015 visit. There is documentation in Patient L.L.’s Health Now Clinic medical records from the visit that occurred on or about June 18, 2015, that notes that Patient L.L. “is stable of her chronic underlying conditions.” 16. At the HealthNow follow-up exam that occurred on or about June 18, 2015, Respondent subjected Patient L.L. to a genitalia examination. 17. To facilitate the genitalia examination of Patient L.L,, Respondent first instructed Patient L.L. to undress. Patient L.L. initially waited for Respondent to leave the examination room before undressing, but after it became evident that he was not going to leave the examination room, Patient L.L. undressed behind a sheet. 18. After she undressed, Patient L.L. sat on an examination table and Respondent placed Patient L.L.’s legs into stirrups. DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 4 of 9 19. Once Patient L.L. was positioned in the stirrups, Respondent began rubbing his fingers around Patient L.L.’s labia in a massaging motion, with his fingertips touching her labia. 20. Following the genitalia examination of Patient L.L., Respondent began questioning Patient L.L. about her sex life and/or sexual history. When Patient L.L. explained that she had had a hysterectomy and that she found sex too painful to engage in, Respondent told her that she was too young to not be having sex. Respondent then touched Patient L.L. on her lower abdomen and her pubic area and told her about ways to make sex comfortable. 21. Respondent then told Patient L.L. that she could get dressed. Patient L.L. initially waited for Respondent to leave the room, but when it became apparent that he was not going to leave, Patient L.L. got dressed while trying to cover herself with a sheet. 22. After Patient L.L. got dressed, Respondent began telling her about treatments that could allow her to have sex. Respondent then asked if Patient L.L. was cold, and began rubbing Patient L.L’s leg(s). Patient L.L. pushed Respondent's hand away and said “no.” Respondent rubbed Patient L.L’s leg(s) again, and Patient L.L. again pushed his hand away. DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 5 of 9 23. Respondent then offered Patient L.L. a breast examination, but Patient L.L. told Respondent that she didn’t want him to examine her. 24, Patient L.L. then attempted to leave the examination room and Respondent began rubbing Patient L.L.'s back. 25. Patient L.L. then left the examination room. 26. Section 456.072(1)(v), Florida Statutes (2014), provides that engaging or attempting to engage in sexual misconduct as defined and prohibited in section 456.063(1), Florida Statutes (2014), constitutes grounds for disciplinary action by the Board of Medicine. 27. Section 456.063(1), Florida Statutes (2014), defines sexual misconduct as a “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.” 28. Respondent engaged or attempted to engage Patient L.L. in, or induced or attempted to induce Patient L.L. to engage in, verbal or DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 6 of 9 physical sexual activity outside the scope of the professional practice of medicine in one or more of the following ways: a. b. 29. by subjecting Patient L.L. to a genitalia examination; by rubbing his fingers around Patient L.L.’'s labia in a massaging motion and/or with his fingertips touching her labia; . by discussing Patient L.L.’s sex life, sexual history, and/or ways to make sex comfortable for her; . by touching Patient L.L’s lower abdomen and/or pubic area; . by discussing treatments that could allow Patient L.L. to have Sex; . by rubbing Patient L.L/’s leg(s); ; by. rubbing Patient L.L’s leg(s) after Patient L.L. pushed his hand away and/or told him “no”; and/or . by touching Patient L.L.’s back. Based on the foregoing, the Respondent has violated Section 456.072(1)(v), Florida Statutes (2014), by engaging in or attempting to engage in sexual misconduct as defined and prohibited by Section 456.063(1), Florida Statutes. DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 7 of 9 WHEREFORE, Petitioner respectfully requests that the Board of 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 _[4**__ day of _ terembocr 2016. Celeste Philip, MD, MPH Surgeon General and Secretary chary B Assistant General Counsel DePanruene ey wea Florida Bar # 0105735 ane EeY LTH DOH-Prosecution Services Unit PATE DEC Tg 2016 4052 Bald Cypress Way-Bin C-65 ae Tallahassee, Florida 32399-3265 — (850) 245-4444, Ext. 4666 (850) 245-4684 fax E-Mail: zachary. bell@flhealth.gov ZB/SEC PCP: December 12, 2016. PCP Members: Mark Avila, M.D., Jorge Lopez, M.D., Donald Mullins. DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 8 of 9 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. Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this agency action. 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 any other discipline imposed. DOH v. Alfredo Jose Fernandez, M.D.; DOH Case Number 2015-17885 Page 9 of 9

Docket for Case No: 18-003942PL