STATE OF FLORIDA BOARD OF ACUPUNCTURE DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2017-04760 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 Numbers 2017-04760 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. 5. | Onor about November 1, 2019, in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, in case number 2017-CF- 003400-A-O, after a jury trial, Respondent was convicted of one count of Sexual Battery (Physically Incapacitated) in violation of section 794.011(4)(B), Florida Statutes, one count of Sexual Battery in violation of section 794.011(5), Florida Statutes, and one count of Battery in violation of section 784.03(1)(A)(1), Florida Statutes. 6. Section 457.109(1)(c), Florida Statues (2019), sets forth grounds for disciplinary action by the Board of Acupuncture for being convicted or found guilty, regardless of adjudication, in any jurisdiction of a crime which directly relates to the practice of acupuncture or to the ability to practice acupuncture. 7. On or about November i, 2019, Respondent was tried and convicted of one count of Sexual Battery (Physically Incapacitated) in violation of section 794.011(4)(b), Florida Statutes (2019); one count of Sexual Battery in violation of section 794.011(5), Florida Statutes (2019); and one count of Battery in violation of section 784.03(1)(a)(1), Florida Statutes (2019). Department of Health v. Tsai, A.P. 2 Case Numbers 2017-04760 8. Sexual Battery (Physically Incapacitated), Sexual Battery, and Battery are crimes that are related to the practice of acupuncture or the ability to practice acupuncture, and Respondent's convictions related to crimes committed against patients. 9. Based on the foregoing, Respondent violated section 457.109(1)(c) by being found guilty of crimes which directly relate to the practice of acupuncture or to the ability to practice acupuncture. 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, and/or any other relief that the Board deems appropriate. SIGNED this 8th day of May 2020. Scott A. Rivkees, M.D. State Surgeon a“ Dannie L. Hart Assistant General Counsel 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 Department of Health v. Tsai, A.P. 3 Case Numbers 2017-04760 PCP: May 8, 2020 PCP Members: Veon and Heine Department of Health v. Tsai, A.P. Case Numbers 2017-04760 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. 5 Case Numbers 2017-04760

Docket for Case No: 20-004681PL