STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2014-04395 CRAIG SAMUEL ApEn D.C. RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health (‘Department’), by and through its undersigned counsel, files this Administrative Complaint before the Board of Chiropractic Medicine (“Board”) against Respondent, Craig Samuel Aderholdt, D.C. (‘Respondent’) In support, Petitioner alleges: 1. Petitioner is the state department charged with regulating the practice of Chiropractic Medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 460, Florida Statutes. 2. Atall times material to this Complaint, Respondent was licensed to practice chiropractic medicine in the State of Florida, having been issued License Number CH 7814. 3. Respondent's address of record is 5221 26th Street West, Bradenton, Florida 34207. 4, From on or about April 2013, through on or about June 2013, (‘treatment period”), Respondent treated Patient R.O., for back pain. 5. Respondent informed Patient R.O. that he could help with Patient R.O.’S back pain through utilizing VAX-D therapy. 6. Respondent informed Patient R.O. that VAX-D therapy would not be covered by Patient’s R.O.'s five thousand, five hundred dol 7. On or about April insurance and required Patient R.O. to pay lars ($5,500.00) for treatment. 17, 2013, Patient R.O., lacking financial resources, completed a Care Credit application that was approved in the amount five thousand, five hundred dollars ($5,500.00), the amount needed by Respondent to treat Patient RO. 8. Although Respondent previously informed Patient R.O. that his VAX-D therapy would not be co Explanation of Benefits from BI Vered by insurance, Patient R.O. received an ue Shield, Patient R.O.’s insurance provider, showing that Respondent filed for reimbursement for Patient’s R.O.’s Vax-D therapy on one or more occasian. 9, Patient R.O. requested medical records from Respondent. 10. | Respondent failed to provide medical records to Patient R.O. 11. Patient R.O. requested updated patient ledger information from Respondent. 12. Respondent failed jto provide Patient R.O. with the updated patient ledger information. 13. On one or more occasion, Respondent documented having performed an adjustment of a fused segment? on Patient R.O. 14. The level of care, skill, and treatment which is recognized by a reasonably prudent chiropractic physician as being acceptable under similar conditions requires that a chiropractor not attempt to perform an adjustment of a fused segment as an adjustment of that segment cannot be physically done due to the segment previously being fused together to prevent movement. 15. Respondent violated the standard of care for chiropractors when he adjusted a fused segment on Patient R.O. COUNT I 16. Petitioner re-alleg@s and incorporates paragraphs one (1) ' A fused segment is a neurosurgical or orthopedic surgical technique that joins two or more vertebrae. This procedure can be performed at any level in the spine and prevents any movement between the fused vertebrae. 3 through three (3), eight (8), an 17, Section 460.413(1 d nine (9), as if fully set forth herein. (i), Florida Statutes (2012-2013), provides that failing to perform any statutory or legal obligation placed upon a licensed chiropractic physician shall be grounds for discipline. 18. Rule 64B2-17.0055 1), Florida Administrative Code (2012-2013), provides that any person licensed pursuant to Chapter 460, Florida Statutes, is required to release copies of patient or his legal representati 19. violating rule 64B2-17.0055(1 patient medical records upon request of the ive. Respondent violated section 460.413(1)(i), Florida Statutes, by , Florida Administrative Code (2012-2013), when Respondent failed to provide Patient R.O. with his medical records. 20. Based on the 460.413(1)(i), Florida Statu eee Respondent violated section es, by violating 64B2-17.0055 Florida Administrative Code, when he failed to provide Patient R.O. with his medical records, 21. COUNT IT Petitioner re-alleges and incorporates paragraphs one (1) through three (3), ten (10), and eleven (11), as if fully set forth herein. 22. Section 460.413(1)(aa), Florida Statutes (2012-2013), provides that failing to provide, upon request of the insured, a copy of a claim submitted to any third-party payor for service or treatment of the insured shall be grounds for discipline. 23. Respondent failed to provide Patient R.O. with copies of his updated claim information when requested. 24. Based on the foregoing, Respondent violated section 460.413(1)(aa), Florida Statutes (2012-2013), by failing to provide, upon request of the insured, a copy of a claim submitted to any third-party payor for service or treatment of the insured. COUNT III 25. Petitioner re-alleg¢s and incorporates paragraphs one (1) through twelve (12), as if fully set forth herein. 26. Section 460.413(1){k), Florida Statutes (2012-2013), provides that making misleading, deceptive, untrue, or fraudulent representations in the practice of chiropractic medicine or employing a trick or scheme in the practice of chiropractic medicine when such trick or scheme fails to conform to the generally prevailing standards of treatment in the chiropractic medical community shall be grounds for discipline. 27. Respondent violated section 460.413(1)(k), Florida Statutes in the following ways: a. by telling Patient R.O. that Respondent’s treatment of Patient R.O. was not covered by insurance; b. by representing to Patient R.O. that no claims with his insurance would be filed by Respondent; c. by filing claims with| Patient R.O.’s insurance for which monetary compensation was received by Respondent; and, d. by failing to provide|Patient R.O. with any form of reimbursement he obtained from Patient R.O.’s insurance provider. 28. Based on the foregoing, Respondent violated section 460.413(1)(k), Florida Statutes, when he made a misleading, deceptive, untrue, or fraudulent representation to Patient RO. in the practice of chiropractic which failed to conform to the prevailing standard of care in the chiropractic medical community. COUNT IV 29. Petitioner re-alleges and incorporates paragraphs one (1) through three (3), twelve (12),|and thirteen (13), as if fully set forth herein. 30. Section 460.413(1)(r), Florida Statutes (2012-2013), provides in pertinent part that gross or repeated malpractice or the failure to practice chiropractic medicine at a level of care, skill, and treatment which is recognized by a reasonably| prudent chiropractic physician as being acceptable under similar conditions and circumstances shall be grounds for discipline. _ 31. Respondent violated section 460.413(1)(r), Florida Statutes (2012-2013), when on one or more occasion, Respondent adjusted a fused segment on Patient R.O. when jt was not physically possible for Respondent to have adjusted the fused segment due to it being previously fused together to prevent movement. 32. Based on the . foregoing, Respondent violated section 460.413(1)(r), Florida Statutes, when he failed to practice chiropractic medicine at a level of care, skill, and treatment recognized by a reasonably prudent chiropractic physician as being acceptable under similar conditions when he adjusted a fused segment on Patient R.O. | WHEREFORE, the 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 of Chiropractic Medicine deems appropriate. — SIGNED this_ AO __day of “Wane , 2018. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary, Derrick J. McBurrows Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 FILED DEPARTMENT OF HEALTH DEPUTY CLERK Florida Bar #1002311 DATE. JUN 2 0 2018 Phone 850-558-9906 FAX 850-245-4681 derrick. mcburrows@flhealth.gov PCP Date: 6-19-18 PCP Panel Members: Fox and Vogel 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 heating 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 to any other discipline imposed.

Docket for Case No: 18-004486PL

Orders for Case No: 18-004486PL