STATE OF FLORIDA BOARD OF PHYSICAL THERAPY PRACTICE DEPARTMENT OF HEALTH, Petitioner, V. CASE NO. 2019-49096 KENNETH R. SNYDER, JR, P.T.A., Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Physical Therapy Practice (“Board”) against Kenneth R. Snyder, Jr., P.T.A., and alleges: 1. Petitioner is the state department charged with regulating the practice of physical therapy pursuant to section 20.43, Florida Statutes; chapter 456, Florida Statutes; and chapter 486, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed physical therapist assistant in the state of Florida, having been issued license number PTA 24891. 3. Respondent’s mailing address of record is 6849 Superior Street Circle, Sarasota, Florida 34243. 4. Between approximately April 1, 2018, and May 24, 2018, Patient G.D. was a patient of Villages Rehabilitation & Nursing Center (Villages) receiving post-surgical in-patient therapy (Treatment). 5. | Between approximately April 1, 2018, and May 24, 2018, Respondent was employed by Villages as a physical therapist. 6. Respondent provided physical therapy to Patient G.D. throughout Patient G.D.’s Treatment at Villages. 7. During Patient G.D.’s Treatment at Villages, Respondent asked Patient G.D. to touch his penis over his clothes. 8. During Patient G.D.’s Treatment at Villages, Respondent offered to provide Patient G.D. a massage. 9. Patient G.D. took her shirt off and laid face down on a bed. DOH v. Kenneth R. Snyder, Jr., P.T.A. Page 2 of 6 DOH Case No.: 2019-49096 10. During the course of the massage, Respondent reached his hands under Patient G.D. and grabbed and/or touched Patient G.D.’s breasts. 11. Asking a patient to touch a practitioner's penis, and/or grabbing and/or touching a patient's breasts is outside the scope of practice or the scope of generally accepted examination or treatment of a patient. 12. Section 456.072(1)(v), Florida Statutes (2017), subjects a physical therapist to discipline for engaging or attempting to engage in sexual misconduct as defined and prohibited in s. 456.063(1). 13. Section 456.063(1), Florida Statutes (2017), prohibits sexual misconduct in the practice of a health care profession and specifically provides that: Sexual misconduct in the practice of a health care profession means 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. Sexual misconduct in the practice of a health care profession is prohibited. DOH v. Kenneth R. Snyder, Jr., P.T.A. Page 3 of 6 DOH Case No.: 2019-49096 14. Respondent engaged in sexual misconduct in the practice of physical therapy by using the physical therapist-patient relationship to engage or attempt to engage, or induce or attempt to induce Patient G.D. in sexual activity outside of the scope of practice by asking Patient G.D. to touch Respondent’s penis, and/or grabbing and/or touching Patient G.D.’s breasts. 15. Based on the foregoing, Respondent violated section 456.072(1)(v), through a violation of section 456.063(1). 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 the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. DOH v. Kenneth R. Snyder, Jr., P.T.A. Page 4 of 6 DOH Case No.: 2019-49096 SIGNED this 13th_ day of FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: Amanda Morales DATE: 10/14/2020 PCP: 10.13.20 October , 2020. Scott A. Rivkees, MD State Surgeon General Christina Arzillo Shideler Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 90869 (850) 558-9844 (850) 245-4684 fax Christina.Shideler@flhealth.gov PCP Members: Tasso, Candela & Kuhns DOH v. Kenneth R. Snyder, Jr., P.T.A. DOH Case No.: 2019-49096 Page 5 of 6 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. Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this agency action. 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. Kenneth R. Snyder, Jr., P.T.A. Page 6 of 6 DOH Case No.: 2019-49096

Docket for Case No: 21-001196PL