STATE OF FLORIDA DEPARTMENT OF HEALTH ADMINISTRATIVE COMPLAINT

Transcription

1 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. Case No. HAMED KIAN, D.C., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health hereby files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Named Kian, D.C., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of chiropractors pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 460, Florida Statutes. 2. At all times material to this Complaint, Respondent was a chiropractor within the State of Florida, having been issued license number CH and practicing in Jupiter, Florida. Department of Health v. Hamed Kian, D.C.

2 3. Respondent's address of record is 901 West Indiantown Rd., Suite 20, Jupiter, Florida On or about April 25, 2017, Patient J.K. attended an appointment at Respondent's office. 5. When Respondent began treating Patient J.K. that day, Patient J.K. was lying face-down on the table with a sheet over her body. 6. During the treatment, Respondent removed the sheet, exposing Patient J.K.'s buttocks. 7. Respondent touched Patient J.K.'s labia. 8. Later during the treatment, after Patient J.K. flipped onto her back, Respondent removed the sheet and exposed Patient J.K.'s vaginal area. 9. Patient J.K. returned the sheet to cover herself. 10. Respondent touched Patient J.K. underneath the sheet, including her labia. 11. Respondent placed his face close to Patient J.K.'s vagina. 12. When the treatment was over, Respondent attempted to kiss Patient J.K. on the lips. Department of Health v. Hamed Kian, D.C.

3 13. Patient J.K. turned her head, and Respondent kissed Patient J.K. on the cheek. 14. Respondent's behavior towards Patient J.K. was outside the scope of practice and the scope of practice or the scope of generally accepted examination or treatment of the patient. 15. Section (1)(ff), Florida Statutes (2017), subjects a chiropractor to discipline for violating any provision of Chapters 456 and 460, Florida Statutes, or any rules adopted pursuant thereto. 16. Section , Florida Statutes (2017), subjects a licensee to discipline for engaging in sexual misconduct, which is defined as using the chiropractic physician-patient 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. 17. Section (1)(v), Florida Statutes (2017), subjects a licensee to discipline for engaging in sexual misconduct. 18. Section (1), Florida Statutes (2017), defines sexual misconduct as a violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to Department of Health v. Flamed Kian, D.C.

4 engage the patient or client, or to induce or attempt to induce such a person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession. 19. Respondent used his professional relationship to engage or attempt to engage a patient, or induced or attempted to induce a patient to engage in, sexual activity outside the scope of the professional practice or the scope of generally accepted examination or treatment of the patient in one or more of the following ways: a. Exposing Patient J.K.'s buttocks; b. Exposing Patient J.K.'s vaginal area; c. Touching Patient J.K.'s labia; d. Attempting to kiss Patient J.K. on the lips; and/or e. Kissing Patient J.K. on the cheek. 20. Based on the foregoing, Respondent violated Section (1)(ff), Florida Statutes ( ), by violating Section , Florida Statutes ( ) and/or Section (1)(v), Florida Statutes ( ). WHEREFORE, the Petitioner respectfully requests that the Board of Chiropractic Medicine enter an order imposing one or more of the following Department of Health v. Named Kian, D.C.

5 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 kti? day of Am-eiwitax-r-, Celeste Philip, M.D., M.P.H. Surgeon General and Secretary CLERK: FILED DEPARTMENT OF HEALTH DEPUTY CLERK d 05anders DATE: NOV Mary A. gleha Assistant General Counsel Fla. Bar No Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida Telephone: (850) Facsimile: (850) Mary.Iglehart@flhealth.gov PCP Date: PCP Members: November 16, 2017 Fox and Vogel Department of Health v. Hamed Kian, D.C.

6 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , 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, pursuant to Rule (2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this, Respondent waives the right to request a hearing on the facts alleged in this pursuant to Rule (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 (5), Florida Administrative Code. Mediation pursuant to Section , 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 (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. Flamed Kian, D.C.