FILED DEPARTMENT OF HEALTH LERK DEPUTY cL LERK Amber Gree STATE OF FLORIDA Date JUL 2°F 2018 DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv CASE NO. 2018-14046 CHRISTIAN MEJIA, P.T.A., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, (Department) _ files this Administrative Complaint before the Board of Physical Therapy Practice (Board) against Respondent, Christian Mejia, P.T.A., and in support thereof alleges: | 1. Petitioner is the state agency charged with regulating the practice of physical therapist assistant pursuant to Section 20.43, Florida Statutes (2018); Chapter 456, Florida Statutes (2018); and Chapter 486, Florida Statutes (2018). 2. At all times-material to this Complaint, Respondent was licensed to practice asa physical therapist assistant within the State of Florida, having been issued license number PTA 26790. 3. At all times material to this Complaint, Respondent's address of record was 7607 Forest Mere Drive, Riverview, Florida 33578. 4. At all times material to this Complaint, Respondent was employed as a physical therapist assistant at Ginger Fitness and Rehabilitation (GFR) located in Wesley Chapel, Florida. 5. Over the course of approximately one and a half years, Patient T.S., a 36-year-old female with cerebral palsy, presented to Respondent for physical therapy. . 6. Between approximately February 14, 2017, and May 2018, Respondent used his position as a physical therapist assistant to engage Patient-T.S. in sexual intercourse on one or more occasion. 7. Respondent told Patient T.S. if she only wanted physical therapy, _he would not come to her home as often. 8. On one occasion, during a therapy session at GFR, Respondent whispered to Patient T.S. and asked her when they would have sexual intercourse again. 9. Respondent admitted to GFR staff he was involved in a sexual relationship with Patient T.S. Administrative Complaint Deptt of Health v. Christian Mejia, P.T.A DOH Case No. 2018-14046 Count I 10. Petitioner re-alleges and incorporates paragraphs one through nine as if fully set forth herein. 11. Section 486.125(1)(k), Florida Statutes (2016-2017), subjects a physical therapist assistant to discipline for violating any provision of Chapters 486 or 456, Florida Statutes, or any rules adopted pursuant thereto. 12. Section 486.123, Florida Statutes (2016-2017), prohibits sexual misconduct in the practice of physical therapy and defines sexual misconduct 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 13. Respondent used the physical therapist assistant-patient relationship to induce or attempt to induce Patient T.S. to engage, or to engage or attempt to engage Patient T.S. in sexual activity outside the scope of generally accepted examination or treatment by engaging in sexual intercourse with Patient T.S. 14. Based on the foregoing, Respondent violated Section 3 Administrative Complaint Dep't of Health v. Christian Mejia, P.T.A DOH Case No, 2018-14046 486.125(1)(k), Florida Statutes (2016-2017), by violating Section 486.123, Florida Statutes (2016-2017). Count IT 15. Petitioner re-alleges and incorporates paragraphs one through nine as if fully set forth herein. 16. Section 456.072(1)(v), Florida Statutes (2016-2017), subjects a physical therapist assistant to discipline for engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes (2016-2017). 17. Section 456.063(1), Florida Statutes (2016-2017), prohibits sexual misconduct in the practice of a healthcare profession and defines sexual misconduct, in pertinent part, 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. 18. Respondent used the physical therapist assistant-patient relationship to engage or attempt to engage Patient T.S. in verbal or physical 4 Administrative Complaint Dep't of Health v. Christian Mejia, P.T.A DOH Case No, 2018-14046 sexual activity outside the scope of the generally accepted examination or treatment in one or more of the following ways: a. Telling Patient T.S. if she only wanted physical therapy he would not come to her home as often; b. Asking patient T.S., during a physical therapy session, when they would engage in sexual intercourse again; and/or c. Engaging in sexual intercourse with Patient T.S. 19. Based on the foregoing, Respondent violated Section 456.072(1)(v), Florida Statutes (2016-2017), by violating Section 456.063(1), Florida Statutes (2016-2017). 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 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 Following Page] Administrative Complaint Dep't of Health v. Christian Mejia, P.T.A DOH Case No. 2018-14046 oats SIGNED this 7S" day ofsuly _ 2028. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary 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 (P) (850) 558-9818 (F) (850) 245-4662 (E) Christina.Smiekle@flhealth.gov PCP Meeting: July 25, 2018 - PCP Members: Tasso, Watson, and Parker Administrative Complaint Dep't of Health v. Christian Mejia, P.T.A DOH Case No, 2018-14046 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 any other discipline imposed. Administrative Complaint Dep't of Health v, Christian Mejia, P.T.A DOH Case No. 2018-14046

Docket for Case No: 19-005846PL