STATE OF FLORIDA DEPARTMENT OF HEALTH - DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2018-11649 GREGORY BRUCE MILLER, P.T., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, | Department of Health, (Department) files this Administrative Complaint before the Board of Physical Therapy Practice (Board) against Respondent, Gregory Bruce Miller, P.T., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of physical therapy pursuant to Chapters 20.43, Florida Statutes (2017); Chapter 456, Florida Statutes (2017); and Chapter 486, Florida Statutes (2017). 2. At all times material to this Complaint, Respondent was licensed to practice physical therapy within the State of Florida, having been issued license number PT 2466. 3. At all times material to this Complaint, Respondent’s address of record was 256 South Nokomis Avenue, Number Two, Venice, Florida 34285. 4. At all times material to this Complaint, Respondent was employed as a physical therapist at Florida West Coast Physical Therapy (FWCPT) located in Venice, Florida. 5. On or about April 27, 2018, Patient L.L., a 57-year-old female recovering from back surgery, went to FWCPT for a scheduled physical : therapy appointment with Respondent. 6. Patient L.L.’s physical therapy included a massage. 7. At the end of the massage, Respondent approached L.L. from behind and grabbed her breasts. Patient L.L. turned around to face Respondent and Respondent touched Patient L.L.’s breasts. 8. Respondent admitted he touched Patient L.L.’s breasts. 9. Respondent told Patient L.L. that she had beautiful breasts. . 10. Section 486.125(1)(k), Florida Statutes (2017), subjects a physical therapist to discipline for violating any provision of Chapters 486 or 456, Florida Statutes, or any rules adopted pursuant thereto. 11. Section 486.123, Florida Statutes (2017), prohibits sexual misconduct in the practice of physical therapy and defines sexual misconduct Administrative Complaint ° Dep't of Health v. Gregory Bruce Miller, P.T. DOH Case No. 2018-11649 as a: violation of the physical therapist-patient relationship through which the physical therapist uses that 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 “12, Respondent used the physical therapist-patient relationship to induce or attempt to induce Patient L.L. to engage, or to engage or attempt to engage Patient L.L. in sexual activity outside the scope of generally accepted examination or treatment by touching Patient L.L.’s breasts and/or by telling Patient L.L. that she had beautiful breasts. 13. Based on the foregoing, Respondent violated Section -486.125(1)(k), Florida Statutes (2017), by violating Section 486.123, Florida Statutes (2017). WHEREFORE, Petitioner respectfully requests that the Board 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 Respondent Administrative Complaint Dep't of Health v. Gregory Bruce Miller, P.T. DOH Case No. 2018-11649 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 Jone 2018. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Oxf Christina Smiekle Assistant General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 123934 D FILED (P) (850) 558-9818 DEPUTY CeeneALTH (F) (850) 245-4662 CHERK: — Angel Senders (E) Christina.Smiekle@flhealth.gov PATE: ON 1-9 2018 9 PCP Meeting: June 19, 2018 PCP Members: Chenoweth, Kuhns, and Parker Administrative Complaint Dep't of Health v. Gregory Bruce Miller, P.T. DOH Case No. 2018-11649 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 under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. NOTICE RE ING 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. Administrative Complaint Dep't of Health v. Gregory Bruce Miller, P.T. DOH Case No. 2018-11649

Docket for Case No: 19-000966PL