STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE DEPARTMENT OF HEALTH, PETITIONER, v. CASE NUMBER 2015-21617 JORDAN HEATH LAMBERT, D.C., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health hereby files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent Jordan Heath Lambert, D.C., and alleges: 1. Petitioner is the state agency 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. At all times material to this Complaint, Respondent was a licensed chiropractic physician within the State of Florida, having first been issued license number CH 10078 on August 17, 2010. DOH v. Lambert D.C., Case Number 2015-21617 1 3. Respondent's address of record is 342 Bloomingdale Avenue, Brandon, Florida 33511. 4. An additional address for Respondent is as follows: 5845 Parkset Drive, Lithia, Florida 33547. 5. On or about October 11, 2013, Respondent was detained by Hillsborough County Sheriff's Office (HCSO) deputies for falling asleep behind the wheel of his vehicle while the vehicle was in a roadway stopped at a traffic light. 6. Onor about April 2, 2014, in case number 2013-CT-206931 in the County Court in and for Hillsboro County, Florida, Respondent entered a plea of nolo contendere and was adjudicated guilty for one count of the crime of DUI a violation of Section 316.193, Florida Statutes (2013). 7. Respondent failed to report to the Board of Chiropractic Medicine in writing within thirty days of entering the plea of nolo contendere to DUI, on or about April 2, 2014. 8. Onor about March 25, 2014, HCSO responded to the scene of a traffic crash in which Respondent was involved. 9. On or about November 6, 2014, in Hillsboro County Case Numbers 2014-CT-055204 and 2014-CT-055205, Respondent entered a plea DOH v. Lambert D.C., Case Number 2015-21617 2 of nolo contendere and was adjudicated guilty of DUI with Property Damage in violation of Section 316.193, Florida Statutes (2014), and Refusal to Submit to a Blood Alcohol Level Test and in violation of Section 316.1932, Florida Statutes (2014). 10. Repeat driving under the influence relates to the practice of, or the ability to practice, chiropractic medicine, because it shows a lack of judgment and general disregard for public safety. 11. Respondent failed to report to the Board of Chiropractic Medicine in writing within thirty days of entering the plea of nolo contendere to DUI, with Property Damage and Refusal to Submit to a Blood Alcohol Level Test on or about November 6, 2014. COUNT I 12. Petitioner re-alleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 13. Section 460.413(ff), Florida Statutes (2013-2014), provides that violating any provision of Chapters 460 or 456, or any rules adopted by the Board constitutes grounds for disciplinary action. 14. Section 456.072(1)(x), Florida Statutes (2013-2014), subjects a licensee to discipline for failing to report to the board, or the department if DOH v. Lambert D.C., Case Number 2015-21617 3 there is no board, in writing, within thirty (30) days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. 15. Respondent failed to report entering a plea of nolo contendere on or about April 2, 2014 to one count of DUI and failed to report entering pleas of nolo contendere on or about November 6, 2014, to DUI with Property Damage and Refusal to Submit to a Blood Alcohol Level Test, within 30 days of entering the pleas. ) 16. Based on the foregoing, Respondent violated Section 460.413(ff), Florida Statutes (2013-2014), by violating Section 456.072(1)(x), Florida Statutes (2013-2014), by failing to report his pleas to the Board, in writing, within thirty (30) days. COUNT IT 17. Petitioner re-alleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 18. Section 460.413(1)(c), Florida Statutes (2013-2014), provides that being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of chiropractic medicine or to the ability to practice chiropractic medicine. DOH v. Lambert D.C., Case Number 2015-21617 4 19. On or about April 2, 2014, Respondent entered a plea of nolo contendere to one count of DUI, and on or about November 6, 2014, Respondent entered a plea of nolo contendere to DUI with Property Damage and Refusal to Submit to a Blood Alcohol Level Test, crimes that relates to chiropractic medicine, or the ability to practice chiropractic medicine. Based on the foregoing, Respondent violated Section 460.413(1)(c), Florida Statutes (2013-2014), by pleading nolo contendere to crimes which relate to chiropractic medicine or the ability to practice chiropractic medicine. 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 deems appropriate. Signature appears on the following page DOH v. Lambert D.C., Case Number 2015-21617 5 SIGNED this 19* day of December, 2018. DEPARTMENT OF HEALTH DEPUTY CLERK LER: Srrokg? Contes) pare [27912018 PCP: December 18, 2018 Celeste Philip, M.D., M.P.H. Surgeon General and Secretary of Health Amanda M. Godbey y Assistant General Counsel Fla. Bar No. 100352 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9873 Facsimile: (850) 245-4684 Email: Amanda.Godbey@fihealth.gov PCP Members: Mindy Weingarten, D.C. and Gene Jenkins, D.C. DOH v. Lambert D.C., Case Number 2015-21617 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 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. Lambert D.C., Case Number 2015-21617 7

Docket for Case No: 19-004040PL