STATE OF FLORIDA BOARD OF ACUPUNCTURE DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2017-04738 MIN-CHUNG TSAI, A.P., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, and files this Administrative Complaint before the Board of Acupuncture against the Respondent, Min-Chung Tsai, A.P., and in support 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. — Atall 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. An additional address for Respondent is 6959 Brescia Way, Orlando, Florida 32819. Department of Health v. Tsai, A.P. 1 Case Number 2017-04738 4. | Respondent maintains a place of business for acupuncture treatment named “Compassion Acupuncture and Herbal Clinic” located at 2748 South Ferncreek Avenue, Orlando, Florida 32806. FACTS RELATED TO PATIENT W.C. 5. | In December 2016, Patient W.C., a 39-year-old female, presented herself to Respondent at his office for the purpose of receiving acupuncture treatment to address the patient’s primary complaint of back pain. 6. During the treatment appointment, Respondent inserted one of his fingers into Patient W.C.'s vagina. 7. Onor about March 13, 2017, Patient W.C. presented herself to Respondent for the purpose of receiving acupuncture treatment to address her worsening back pain. 8. | While Patient W.C. was alone with Respondent in the office, Respondent requested Patient W.C. undress completely so that he may begin an examination. 9. Patient W.C. requested a gown and Respondent replied that a gown was not necessary. Patient W.C. insisted on a gown and Respondent eventually complied. Department of Health v. Tsai, A.P. 2 Case Number 2017-04738 10. Respondent entered the room while Patient W.C. was undressing for her treatment and stared at her until she asked him to wait outside while she got undressed. 11. Patient W.C. laid down on the massage table where Respondent began to provide a treatment to Patient W.C. 12. | Respondent rubbed the sides of Patient W.C.’s breasts and buttocks and stated to Patient W.C. that she had beautiful skin. 13. Respondent asked Patient W.C. to turn around and lie on her back. Respondent then began to insert acupuncture needles on both sides of Patient W.C.’s shoulders, hips, knees, and feet. Patient W.C. stated that as Respondent inserted the needles she began to feel sleepy and eventually fell asleep. 14. Patient W.C. awoke to the sound of her cell phone ringing and attempted to sit up from the massage table to answer her phone. Patient W.C. could not move and felt paralyzed. Patient W.C. called for Respondent to remove the needles from her body so she could answer her phone. 15. Respondent entered the room and began taking off the needles in Patient W.C.’s shoulders. Patient W.C. stated she could move her arms shortly after Respondent removed the needles from her shoulders. Department of Health v. Tsai, A.P. 3 Case Number 2017-04738 16. | While Patient W.C. was still partially paralyzed, Respondent pulled Patient W.C.'s shorts and underwear to the side and placed his mouth on Patient W.C.'s vagina and kissed Patient W.C.’s vagina approximately three (3) times. 17. | Respondent then put his mouth on Patient W.C.’s breasts and stated he was trying to stimulate her maternal instincts by suckling her breasts like an infant. 18. Patient W.C. could not move the lower half of her body due to the needles still inserted in her hips and feet. 19. Patient W.C. told Respondent to stop. 20. Respondent exercised influence within the patient-acupuncturist relationship for purposes of engaging a patient in sexual activity by inserting his finger into Patient W.C.’s vagina, placing his mouth on her vagina, and/or placing his mouth on her breasts. 21. On or about March 17, 2017, Patient W.C. contacted the police and ultimately filed a police report against Respondent. FACTS RELATED TO PATIENT T.N. Department of Health v. Tsai, A.P. 4 Case Number 2017-04738 22. Inor around early 2014, Patient T.N. presented to Respondent at Respondent's office, to receive acupuncture treatment following a motor vehicle accident. 23. During the initial treatment Respondent inserted his fingers into Patient T.N.’s vagina. Respondent informed Patient T.N. that it was medically necessary. 24. Respondent inserted his fingers inside Patient T.N.’s vagina during each treatment she received from Respondent's office. Patient T.N. stated she received approximately 31 treatments at Respondent's office. 25. Patient T.N. stated on the date of the last treatment Respondent placed needles in the back of both of her shoulders and legs. Patient T.N. stated she could not move and felt paralyzed. 26. Respondent then inserted his fingers inside her vagina. After several minutes, Respondent climbed on the victim's back and inserted his erect penis inside her vagina. 27. Respondent exercised influence within the patient-acupuncturist relationship for purposes of engaging a patient in sexual activity by inserting his fingers into Patient T.N.'s vagina on approximately 31 occasions and/or by inserting his penis into Patient T.N.’s vagina. Department of Health v. Tsai, A.P. 5 Case Number 2017-04738 COUNT I 28. Petitioner re-alleges and incorporates paragraphs one (1) through twenty-one (21) as if fully set forth herein. 29. Section 457.109(1)(j), Florida Statutes (2017) provides that exercising influence within the patient-acupuncturist relationship for purposes of engaging a patient in sexual activity is grounds for disciplinary action. A patient is presumed to be incapable of giving free, full, and informed consent to sexual activity with the patient’s acupuncturist. 30. Respondent exercised influence within the patient-acupuncturist relationship for purposes of engaging Patient W.C. in sexual activity while Patient W.C. was under the care and treatment of Respondent by one or more of the following ways: (a) inserting Respondent's finger into Patient W.C.'s vagina; (b) placing his mouth on Patient W.C.’s vagina and breasts; and/or, (c) rubbing W.C.'s breasts and buttocks. 31. Based on the foregoing, Respondent violated section 457.109(1)(j) by engaging or attempting to engage Patient W.C. in sexual activity. Department of Health v. Tsai, A.P. 6 Case Number 2017-04738 COUNT II 32. Petitioner re-alleges and incorporates paragraphs one (1) through four (4) and twenty-two (22) through twenty-seven (27) as if fully set forth herein. 33. Section 457.109(1)(j) provides that exercising influence within the patient-acupuncturist relationship for purposes of engaging a patient in sexual activity is grounds for disciplinary action. A patient is presumed to be incapable of giving free, full, and informed consent to sexual activity with the patient's acupuncturist. 34. Respondent exercised influence within the patient-acupuncturist relationship for purposes of engaging Patient T.N. in sexual activity while Patient T.N. was under the care and treatment of Respondent by one or more of the following ways: (a) by groping, fondling, or manipulating Patient T.N.’s vagina in a sexual manner, and/or (b) penetrating Patient T.N.’s vagina with his erect penis. 36. Based on the foregoing, Respondent violated section 457.109(1)(j) by engaging or attempting to engage Patient T.N. in sexual activity. Department of Health v. Tsai, A.P. 7 Case Number 2017-04738 WHEREFORE, the Petitioner respectfully requests that the Board of Acupuncture 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. SIGNED this __ 30th day of April 2020. Scott A. Rivkees, M.D. State Surgeon General FILED | DEPARTMENT OF HEALTH DEPUTY CLERK = Dannie L. Hart CLERK: Ohl. Mund Assistant General Counsel DATE: MAY 0 1 2020 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 820989 (850) 558-9896 (850) 245-4681 FAX Dannie.Hart@flhealth.gov PCP: April 23, 2020 PCP Members: Veon, Heine Department of Health v. Tsai, A.P. 8 Case Number 2017-04738 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. Department of Health v. Tsai, A.P. 9 Case Number 2017-04738

Docket for Case No: 20-004680PL