STATE OF FLORIDA BOARD OF ACUPUNCTURE DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2016-10368 MIN-CHUNG TSAI, A.P., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Acupuncture against the Respondent, Min-Chung Tsai, A.P., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of acupuncture pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 457, Florida Statutes, 2. At all times material to this Complaint, Respondent was registered with the Board of Acupuncture as an acupuncturist, having been issued license number AP2793 on January 26, 2010. 3. Respondent’s address of record is 2748 South Ferncreek Avenue, Orlando, Florida 32806. Department of Health v. Tsai, A.P. 1 Case Number 2016-10368 4. — An additional address for Respondent is 6959 Brescia Way, Orlando, Florida 32819. | 5. Respondent maintains a place of business for acupuncture treatment named “Compassion Acupuncture and Herbal Clinic’ at 2748 South Ferncreek Avenue, Orlando, Florida 32806. 6. Onor about October 2, 2015, Patient.S.M., a 39 year-old female, presented herself to Respondent at his office for the purpose of receiving acupuncture treatment to address general discomfort. . 7. During the treatment appointment, Respondent rubbed the underside of Patient S.M.’s breasts with his bare hands. 8. On or about October 9, 2015, Patient S.M. returned to Respondent for acupuncture treatment. During the treatment appointment, Respondent again rubbed the underside of Patient S.M.’s breasts and also touched the lower portion of her breasts. ; 9. | Respondent further lifted Patient S.M.’s underwear and shorts and rubbed Patient S.M.’s pubic area with his bare hands. 10. Respondent did not provide Patient S.M. with an opportunity to decline the receipt of treatment that included Respondent rubbing Patient S.M.'s breasts or pubic area. Department of Health v. Tsai, A.P. 2 Case Number 2016-10368 11. | Section 457.109(1)(j), Florida Statutes (2015), sets forth grounds for disciplinary action by the Board of Acupuncture for exercising influence within the patient-acupuncturist relationship for purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with her acupuncturist. 12. Respondent exercised influence within the patient-acupuncturist relationship for purposes of engaging Patient S.M. in sexual activity, by rubbing Patient S.M.’s breasts and pubic area while Patient S.M. was under the care and treatment of Respondent. 13. Based on the foregoing, Respondent violated Section 457.109(1)(j), by exercising influence within the patient-acupuncturist relationship for purposes of engaging Patient S.M. in sexual activity, through rubbing Patient S.M.’s breasts and public area while Patient S.M. was under the care and treatment of Respondent. WHEREFORE, Petitioner respectfully requests that the Board of Acupuncture enter an order imposing one or more of the following penalties: revocation, denial of Respondent’s license, restriction of Department of Health v. Tsal, A.P. . 3 Case Number 2016-10368 ; 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. SIGNED this_ (7 day of _Mowemizer_, 2018. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Amanda M. Godbey Assistant General Counsel Fla. Bar No. 100352) Florida Department of Health FILED cALTH Prosecution Services Unit DEPARTRUTY CLERK 4052 Bald Cypress Way, Bin #C65 CLERK Ane OB _ Tallahassee, FL 32399-3265 __pate NOV OO Telephone: (850) 558-9873 Facsimile: (850) 245-4684 Email: Amanda.Godbey@flhealth.gov pop: \\ [lo | (8 PCP vet Kathy Veon + Grea Gunter Department of Health v. Tsai, A.P. 4 * Case Number 2016-10368 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 i in addition to any other discipline imposed. Department of Heaith v. Tsal, A.P. 5. Case Number 2016-10368

Docket for Case No: 20-004679PL