06-004491PL Department Of Health, Board Of Massage Therapy vs. Elham Kharabi-Moghaddam, L.M.T.
 Status: Closed
Recommended Order on Monday, July 23, 2007.


View Dockets  
Summary: Respondent sexually abused a accupuncture/massage patient.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DEPARTMENT OF HEALTH, BOARD OF )

14ACUPUNCTURE, )

16)

17Petitioner, )

19)

20vs. ) Case No. 06 - 4 117PL

28)

29ELHAM KHARABI, A.P., )

33)

34Respondent. )

36_________________________________)

37DEPARTMENT OF HEALTH, BOARD OF )

43MASSAGE THERAPY, )

46)

47Petitioner, )

49)

50vs. ) Case No. 06 - 4491PL

57)

58ELHAM KHARABI - MOGHADDAM, L.M.T., )

64)

65Respondent. )

67_________________________________)

68RECOMMENDED ORDER

70Pursuant to notice, a formal hearing was held in these

80cases before Larry J. Sartin, an Administrative Law Judge of the

91Division of Administrative Hearings, on May 21 and 22, 2007, in

102Miami, Florida.

104APPEARANCES

105For Petitioner: Allison M. Dudley

110Assistant General Counsel

113Prosecution Services Unit

116Department of Health

1194052 Bald Cypress Way, Bin C - 65

127Tallahassee, Florida 32399 - 3265

132For Respondent: David M. Shenkman, Esquire

138David M. Shenkman, P.A.

1422701 South Bayshore Drive, Suite 602

148Miami, Florida 33133

151STATEMENT OF THE ISSUES

155The issues in these case s for determination are whether

165Respondent Elham Kharabi, A.P., L.M.T, committed the violations

173alleged in two Administrative Complaints issued by the

181Department of Health on March 14, 2005 , in DOAH Case No. 06 -

1944117 PL , and on November 8, 2006 , in DOAH Case No. 06 - 4491PL ;

208and, if so, what disciplinary action should be taken against his

219license to practice acupuncture and his license to practice

228massage therapy in Florida.

232PRELIMINARY STATEMENT

234On or about March 14, 2005 , the Department of Health filed

245a three - count Administra tive Complaint, Case Number 2004 - 27932 ,

257before the Board of Acupuncture against Respondent Elham

265Kharabi, A.P. , an individual licensed to practice acupuncture in

274Florida. In particular, it is alleged in the Administrative

283Complaint that R espondent committed violations of Sections

2914 56.072(1)(u), 457.109(1)(j), and 457.109(1)(m), Florida

297Statutes (2004 )( a ll references to Florida Statutes and the

308Florida Adm inistrative Code are to the 2004 versions, unless

318o therwise indicated).

321Respondent dis puted the allegations of fact contained in

330the Administrative Complaint by Election of Rights form and an

340Answer, and requested a formal administrative hearing pursuant

348to Sections 120.569(2)(a) and 120.57(1), Florida Statutes

355(2006).

356On October 20, 2006 , the matter was filed with the Division

367of Administrative Hearings with a request that an administrative

376law judge be assigned to conduct proceedings pursuant to Section

386120.57(1), Florida Statutes (2006). The matter was designated

394DOAH Case Number 0 6 - 4117 PL and was assigned to the undersigned.

408The final hea ring was scheduled to be held on December 20

420and 21, 200 6 , by Notice of H earing entered November 30, 2006 .

434On January 26, 2007 , the Department of Health filed an

444Administrative Complaint before the Board of Massage, Case

452Number 2004 - 27897, against Respondent's license to practice

461massage therapy in Florida. In particular, it is alleged in the

472Administrative Complaint that Respondent violated Section

478480.046(1)(o), Florida Statutes, by having violated Sec tion

486480.0485, Florida Statutes.

489Respondent disputed the allegations of fact contained in

497the Administrative Complaint by Election of Rights form and an

507Answer, and requested a formal administrative hearing.

514On November 8, 2006, the matter was filed with t he Division

526of Administrative Hearings with a request that an administrative

535law judge be assigned to conduct proceedings pursuant to Section

545120.57(1), Florida Statutes (2006). The matter was designated

553DOAH Case Number 06 - 4491PL and was assigned to the undersigned.

565The two cases were consolidated by an Order of

574Consolidation entered November 27, 2006. The final hearing ,

582previously scheduled for December 20 and 21, 2006 , was

591rescheduled for February 8 and 9, 2007, by Order Granting

601Continuance entered No vember 30, 2006. T he hearing was

611subsequently continued two more times.

616On January 25, 2007, the parties filed a Joint Stipulation.

626Stipulated facts contained therein have been incorporated into

634this Recommended Order.

637Two motions were filed shortly befo re the final hearing:

647Petitioner's Motion in Limine; and Petitioner's Motion for

655Official Recognition. Respondent filed Respondent's Motion in

662Opposition to Petitioner's Motion in Limine. Both Motions were

671considered at t he commencement of the final hea ring and the

683attendant rulings are contained in the transcript of that

692hearing.

693During the final hearing, Petitioner presented the

700testimony of patient U.C., William Parente, Luis Yllanes, and

709Manuel Rodriguez - Garcia, M.D. Petitioner's Exhibit 1 was

718admit ted. Respondent testified on his own behalf and presented

728the testimony of Merrysue Haber, Ph.D. Respondent's Exhibits 1

737through 4 were admitted. One Joint E xhibit was also admitted.

748The two - volume Transcript of the final hearing was filed on

760June 5 , 20 07. By Notice of Filing Transcript entered June 7 ,

7722007, the parties were informed that th e Transcript had been

783filed and that their proposed recommended orders were to be

793filed on or by July 25, 2007 (the correct date for filing

805proposed recommended orde rs was June 25, 2007). Petitioner

814filed Petitioner's Proposed Recommended Order on June 25, 2007.

823Respondent filed Proposed Findings of Fact and Conclusions of

832Law on June 26 , 2007. The post - hearing proposals of both

844parties have been fully considered i n rendering this Recommended

854Order.

855FINDINGS OF FACT

858A. The Parties .

8621. Petitioner, the Department of Health (hereinafter

869referred to as the “Department”), is the agency of the State of

881Florida charged with the responsibility for the investigation

889and p rosecution of complaints involving the practice of

898acupuncture and massage therapy in Florida. § 20.43, and Chs.

908456, 457 and 480, Fla. Stat.

9142. Respondent, Elham Kharabi (identified as Elham Kharabi -

923Moghaddam by the Board of Massage Therapy) , A.P., L.M. T, is and

935was at all times material to this matter, licensed by the Board

947of Acupuncture as an acupuncturist, having been issued license

956number 1890 on November 7, 2003, and by the Board of Massage

968Therapy as a licensed massage therapist, having been issue d

978license number 0013944 on January 29, 1993.

9853. Respondent's mailing address of record at all times

994relevant to this matter is Post Office Box 451342, Miami,

1004Florida 33245. Respondent's clinic is located at 2808 Bird

1013Avenue, Miami, Florida 33133.

10174. No evidence that Respondent has previously been the

1026subject of a license disciplinary proceeding was offered.

1034B. Respondent’s Treatment of Patient U.C.

10405. At the times material to this matter, Respondent

1049operated as " Miami’s Clinical of Oriental Medicine " (hereinafter

1057after referred to as the "Clinic") , located in Coconut Grove,

1068Miami, Florida .

10716. U.C. , a single, 34 - year - old mother, visited the Clinic

1084in June 2004 (hereinafter referred to as "Patient U.C.") .

1095Patient U.C. visited the Clinic because she was suffering from

1105depression and fatigue and thought that acupuncture might help

1114her. On her first visit Patient U.C. spoke briefly with

1124Respondent and was given a pamphlet. After this first meeting,

1134Patient U.C. called Respo ndent and made an appointment f or

1145treatment.

11467. Patient U.C.’s first formal appointment with Respondent

1154was a free consultation which took place on June 29, 2004.

1165During the consultation visit , Patient U.C. completed a

1173Comprehensive Acupuncture Examination form, in which she

1180described her "M ajor C omplai nts " as "depression, fatigue ,

1190inability to concentrate & focus, lethargy, moody, irritable,

1198too sensitive & emotional." Respondent's Exhibit 3. Patient

1206U.C. also indicated on the form that she had experienced the

1217following "Nuerologica l" problems: " nervousness, depressed,

1223easily angered, easily irritated, frequent crying,

1229numbness/tingling in limbs, poor coordination, muscle weakness,

1236and feel weak and shaky. " She did not, however, mean that she

1248was suffering from all of these problem s at the time she

1260competed the form. Rather, she simply listed every symptom she

1270had ever experienced during her lifetime.

12768. After Patient U.C. had completed the Comprehensive

1284Acupuncture Examination form, Respondent conducted a p atient

1292i nterview with h er, which he memorialized in a Patient Interview

1304form. R espondent’s Exhibit 4 . Respondent determined a p lan of

1316t reatment for Patient U.C. , which he memorialized on t he Patient

1328Interview form. Respondent's plan of treatment consisted of:

" 1336Tui Na, LR3, L I4, SJ5, GB41, Yin Tang, R17. " Based on

1348Respondent’s testimony describing these treatments , none

1354require d touching of Patient U.C.'s anus or vagina. Respondent

1364completely identified his plan of treatment and there was no

1374testimony indicating that it was inadequate.

13809. After the patient interview, Respondent advised Patient

1388U.C. that he could treat her " Major Complaints " with Chinese

1398medicine.

139910. Respondent, with Patient U.C.'s agreement, performed a

1407complete massage (while Patient U.C. and Respondent

1414c haracterized the treatment differently, the procedure involved

1422manipulation of Patient U.C.'s body and will be referred to

1432throughout this Recommended Order as "massage" for ease of

1441reference) and acupuncture on Patient U.C. after their initial

1450discussions on June 29, 2004 . Patient U.C. was unclo thed ,

1461except for her underwear, during the massage. Having

1469experienced a number of massages by male therapists in the past,

1480Patient U.C. felt comfortable receiving the massage from

1488Respondent.

148911. On June 30, 200 4, Patient U.C. returned to the Clinic

1501to pay for her first visit and future planned visits.

151112. On July 6, 2004, Patient U.C. presented to the Clinic

1522for her second appointment . During this visit, she received the

1533same treatment as she had during the fi rst appointment. While

1544at the Clinic, Respondent advised Patient U.C. that she needed

1554treatment on a daily basis and encouraged her to come to the

1566Clinic daily. Respondent told Patient U.C. , who was concerned

1575about cost, that she could come in any time a nd that he would

1589not charge her for her sessions. Patient U.C. declined

1598Respondent's offer and indicated that she would only come for

1608her scheduled paid - for weekly appointments .

161613. On July 13, 2004, Patient U.C. went to the Clinic for

1628her third visit, w hich had been paid for in advance. Patient

1640U.C. complained to Respondent of pain in her jaw and the left

1652side of her buttock s, radiating down her leg.

166114. After rubbing or manipulating Patient U.C.'s jaw,

1669Patient U.C. removed her clothing, except for her underwear,

1678while Respondent left the room. When Respondent returned, he

1687began treatment of Patient U.C.’s left buttock. Respondent

1695massaged Patient U.C.'s left buttock, moving his oiled hands

1704rapidly on her buttock while applying heavy pressure. Patien t

1714U.C., concerned that her underwear was hampering Respondent's

1722efforts, offered to remove them. Respondent agreed and Patient

1731U.C. removed her underwear.

173515. Respondent recommenced his treatment, massaging

1741Patient U.C.'s left buttock rapidly and forcefu lly . At some

1752point, Patient U.C. felt Respondent remove his finger from her

1762anus. Because Patient U.C. was lying on her stomach at the time

1774and, therefore, was not able to see exactly what had happened,

1785she was cautious in her testimony at hearing. The weight of her

1797testimony, however, proved that, while Patient U.C. was unable

1806to say that she felt Respondent's finger enter her anus, she was

1818able to feel him removing his finger from her anus.

182816. After realizing that Respondent had inserted his

1836finger i nto her anus and then removed it, Patient U.C. was

1848confused and unsure of what to do . Patient U.C. described her

1860feelings at hearing:

1863Q. What did you do when you felt that?

1872A. Nothing. I was shocked. It didn't

1879make sense to me. How could I feel t his

1889thing coming out of my butt if I didn't feel

1899it . . . being inserted? I was confused.

1908It just didn't make sense and I though you

1917know it is probably an accident, a mistake

1925because there is oil and he did massage

1933vigorously and it was fast, but I did not do

1943anything.

1944Transcript, Vol. I, Page 61, Lines 16 - 24.

195317. After Respondent completed massaging Patient U.C. , he

1961placed acupuncture needles in her but tocks and left the room.

1972Respondent returned a few minutes later and removed the needles.

198218. A fter removing the needles, Respondent had Patient

1991U.C. turn over on her back and he be gan massaging her right

2004thigh. While massaging Patient U.C.’s t high, he inserted his

2014finger into her vagina and briefly moved it back and forth

2025several times . Again, Pa tient U.C. did not respond to

2036Respondent's inappropriate conduct, instead deciding to avoid

2043having "to deal with it." Instead, she "just pretended that it

2054wasn't going on, that it didn’t happen. I just pretended that

2065it didn't happen." Transcript, Vol. I, Page 65.

207319. When Patient U.C. did not respond to this second

2083unwanted touching, Respondent removed his finger and returned to

2092appropriate treatment, inserting acupuncture needles in Patient

2099U.C . Following this treatment, Respondent removed the

2107acupun cture needles and left the room. Patient U.C. got up from

2119the treatment table , dressed, and left the clinic without

2128confronting Respondent about putting his finger in her anus and

2138her vagina. Patient U.C. did not confront Respondent because

2147she just want ed to leave the C linic and pretend that Respondent

2160had not violated her.

2164C. Events Following Respondent’s July 13, 2004, Treatment

2172of Patient U.C.

217520. Patient U.C. went home immediately after her July 13,

21852004 , visit to the Clinic and called William Pare nte, her

2196boyfriend at the time. She w as unable, however, to tell

2207Mr. Parente what had happened because he was at lunch with other

2219people. After talking briefly with Mr. Parente, Patient U.C.

2228took a shower, ate , and went to work.

223621. Later that day, Pati ent U.C. spoke to Mr. Parente and

2248described the events that had taken place at the Clinic that

2259day. According to Mr. Parente, Patient U.C. w as very distraught

2270and, from the sound of her voice , had been crying.

228022. During the evening of July 13, 2004, Pat ient U.C.

2291experienced pain in her anus . The pain had intensified by the

2303next morning. Therefore, Patient U.C. went to the Health Clinic

2313at the University of Miami, where she was a second - year law

2326student. Personnel at the clinic advised patient U.C. to go to

2337the Jackson Memorial Rape Treatment Center (Jackson).

234423. On July 14 , 2004, at approximately 9:00 a.m. , Patient

2354U.C. presented to Jackson for treatment. Patient U.C.'s vagina

2363and pelvic area were examined by a physician, who took a

2374specimen. No la cerations or lesions were found. The specimen

2384was forward to law enforcement. The physician also examined

2393Patient U.C.'s anus. During this examination, Patient U.C. felt

2402an uncomfortable burning pa in in her anus. Because of the pain,

2414she asked the phys ician to discontinue the examination.

2423Although the examination of Patient U.C.’s anus was terminated,

2432a specimen was also obtained from her anus and forward ed to the

2445police.

244624. After completion of the examination at Jackson,

2454Patient U.C. was referred to the police and to the Journey

2465Institute for counseling services. Patient U.C. immediately

2472went to the Miami - Dade Polic e Department to make a report. She

2486also sought assistance from the Journey Institute.

249325. Two days after the incident, Patient U.C. al so

2503reported the incident to a friend, Luis Yllanes. When

2512Mr. Yllanes spoke to her, P a tient U.C. was visibly upset. She

2525trembled when Patient U.C. told Mr. Yllanes the specifics of

2535what occurred in Respondent’s office.

254026. On July 19 , 2004, Patient U.C. called her

2549psychiatris t, Manuel Rodriguez - Garcia, M.D. Patient U.C. called

2559to request a prescription for medications because she was

2568depressed following the incident. Dr. Garcia prescribed

2575Wellbutrin, an anti - depressant.

2580D. T he Reliability of Patient U. C.’s Recollection .

259027 . Patient U.C. had been sexually abused over

2599approximately a two - year period by h er uncle when she was 16 to

261417 years of age . She was also raped by a neighbor in the

2628neighbor's house when she was a teenager . When she reported her

2640un cle's abuse , her family, rather than being supportive, made

2650her feel as if it was her fault.

265828 . In addition to the sexual abuse she suffered , Patient

2669U.C. was physically and emotionally abused by her brother.

267829 . Beginning in 1998, Patient U.C. sought t he medical

2689assistance of Dr. Garcia, a board - certified psychiatrist .

2699Dr. Garcia treated Patient U.C. from 1998 through March 22,

27092005. ( Having asserted her psychiatrist - patient privilege in

2719relation to psychiatric records which substantially predate the

2727allegations made in th ese case s , Dr. Garcia was limited to

2739relating his treatment of Patient U.C. beginning May 30, 2003 . )

275130 . As of May 30, 2003, Patient U.C. was diagnosed as

2763suffering from attention deficit disorder (hereinafter referred

2770to as "ADD") a nd depressive disorder with anxiety. Patient U.C.

2782was not exhibiting any symptoms of psychosis. ADD is a

2792congenital disorder that makes its sufferer distractible, with

2800poor concentration. Dr. Garcia prescribed Ritalin to Patient

2808U.C. to treat her ADD. He also prescribed Lexapro (an anti -

2820depressant) and Ambien to help Patient U.C. sleep at night.

283031 . As of September 29, 2003 , Patient U.C. continued to

2841suffer from ADD and depressive disorder with anxiety . Patient

2851U.C. told Dr. Garcia during the Septembe r 29, 2003, visit that

" 2863something is wrong with my brain. " She was concerned because

2873she had driven into the parking lot of one store when she had

2886intended to go to another one. Dr. Garcia was not concerned

2897about this incident or her comment . He found t hat Patient U.C.

2910was not suffering from any dementia, delirium, confusion,

2918disassociative states, or organic deficits and that she was

2927oriented on life's decisions. Finding that Patient U.C. did not

2937have anything "wrong with her brain ," Dr. Garcia conclud ed that

2948she was simply having difficulty concentrating, a symptom of her

2958ADD. Finally, Dr. Garcia found that Patient U.C. was not

2968exhibiting any signs of psychosis as of September 29, 2003.

297832 . Patient U.C. visited D r. Garcia’s office again on

2989May 7, 200 4. At Patient U.C.’s request, Dr. Garcia wrote her a

3002prescription for Adderall to replace her prescription for

3010Ritalin.

301133 . Patient U.C. failed to go to her next scheduled

3022appointment with Dr. Garcia on June 29, 2004. Patient U.C. had

3033begun to believe t hat she was not getting better , despite the

3045medications prescribed by Dr. Garcia . Consequently she had

3054stopped taking those medications (Adderall, R i t alin, and Ambien)

3065two or three months before the July 13, 2004, incident. Patient

3076U.C. did not inform Dr . Garcia of her actions.

308634 . In addition to suffering from ADD and depressive

3096disorder with anxiety, and the difficulty of raising a child as

3107a single mother while attending law school, Patient U.C. was

3117subjected to a serious of stre ssful events preceding the

3127July 13, 2004, incident: her mother was diagnosed with a brain

3138tumor, her father was serious ly ill, her brother was indicted on

3150criminal charges, and her sister had attempted suicide .

315935 . Despite Patient U.C.'s medical problems, Patient U.C.

3168was not suffering from Post - Traumatic Stress Disorder

3177(hereinafter referred to as "PTSD") on or before July 13, 2004.

3189Nor did Patient U.C. misperceive the events of July 13, 2004.

3200Those events, as found, supra , were accurately recalled and

3209testified to by Patie nt U.C.

321536 . The testimony of Merrysue Haber, Ph.D., suggesting

3224that Patient U.C. suffered from PTSD, and that she may have

3235suffered a PTSD event or "flashback" on July 13, 2004 was not

3247convincing. Dr. Haber's suggestion that Patient U.C. could have

3256mispe rceived what had actually taken place on July 13, 2004,

3267because of the sexual abuse she had suffered as a teenager , the

3279stress that Patient U.C. was experiencing at the time, and the

3290intensification of her psychological problems when Patient U.C.

3298stopped t aking her presc ription medications is rejected.

330737 . Dr. Haber's testimony is r ejected for a number of

3319reasons. First, and m ost importantly, her testimony is rejected

3329because her opinions were inconsistent with those of Dr. Garcia,

3339who did not diagnose Pa tient U.C. as suffering from PTSD prior

3351to July 13, 2004. During the period that Dr. Garcia treated

3362Patient U.C., he never found her to be suffer ing from

3373hallucinations or bipolar disorder, or to be exhibit ing any

3383signs of psychosis. At no time was there any interaction

3393between Dr. Garcia and Patient U.C. that led him to “think that

3405she could be psychotic, that she could have a delirium or a

3417problem with perception.\anscript, Vol. II, Page 202, Lines

342512 through 16.

342838 . Dr. Garcia had personally met w ith Patient U.C. and

3440diagnosed her condition, while Dr. Haber h as never spoken to

3451Patient U.C. Having failed to find that Patient U.C. was

3461suffering from PTSD prior to or on July 13, 2004, any suggestion

3473by Dr. Haber that Patient U.C. suffered from PTSD o n the

3485critical date is not credited.

349039 . In further support of these findings, it is noted that

3502Dr. Haber relied, at least in part, on the medical records of

3514Roger Rousseau, M.D., of the Journey Institute, the institution

3523Patient U.C. had been referred to by Jackson p ersonnel.

3533Dr. Rousseau , w h ile diagnosing Patient U.C. with "chronic" PTSD,

3544did not see Patient U.C. until af ter the events of July 13,

35572004. Dr. Haber's reliance on Dr. Rousseau's diagnosis is,

3566therefore, misplaced.

356840 . Dr. Haber's testimon y concerning the possible impact

3578of Patient U.C.'s d iscontinuation of her medicines prior to

3588July 13, 2004, is also re jected as inconsistent with

3598Dr. Garcia 's testimony . Based upon Dr. Garcia's credited

3608testimony, it is found that Patient U.C.'s discontin uance of

3618here medications would not have altered Patient U.C.’s

3626perception of reality . At most, she would merely have

3636experienced a resurgence of the symptoms of her ADD and

3646depression , not psychosis . While Patient U.C . c ould have

3657experienced an increase d difficulty concentrating and her

3665depression may have worsened , she would not have experienced

3674withdrawal symptoms associated with discontinuing her

3680medications and would not have exhibit ed new symptoms like

3690halluc inations.

369241 . Finally, even it h ad been proved that Patient U.C. was

3705suffering from PTSD on July 13, 2004, the evidence proved that

3716it is highly unlikely that she would have continued to insist

3727that events which she supposedly misperceived on July 13, 2004,

3737actually occurred. PTSD is a conditio n or disorder where a

3748person may experience a variety of signs and symptom, including

3758vivid memories of a traumatic event, an inability to function,

3768anxiety, depr ession, and hypersensitivity (ul tra - sensitivity to

3778stimuli that remind the person of the traum atic event). Persons

3789suffering PTSD may suffer some or all of the foregoing symptoms.

380042 . Although not common, a person suffering PTSD can

3810relive the traumatic event; experience a "flashback." Even when

3819a person experiences a flashback or relives the tr aumatic event,

3830the feeling of reliving the event does not last and the person

3842realizes that the event did not actually recur. Dr. Garica gave

3853the example of a combat soldier's reaction to an automobile

3863back - firing. The soldier may flinch, but will quickl y realize

3875there is no real danger.

388043 . Patient U.C. nev er reported any flashback relating to

3891her sexual abuse as a teenager to Dr. Garcia . Having given

3903birth to a child, she has obv iously had sexual relations; she

3915has not had any difficulty being undr ess ed while receiving a

3927massage; and she was not concerned about suggesting to

3936Respondent that she take off her underwear when she realized her

3947underwear was hampering his treatment of her on July 13, 2004.

395844 . Based upon the foregoing, while it is obvious t hat

3970Patient U.C. is not without problems, the evidence failed to

3980prove that she was in any way unable to accurately understand

3991and subsequently relate the events of July 13, 2004, as found in

4003this Recommended Order.

4006E. Respondent's Acupuncture Medical Rec ords .

401345 . Having denied that he placed his finger in Patient

4024U.C.'s anus or vagina, Respondent obviously did not record any

4034medical justification in his medical record for Patient U.C. for

4044doing so.

4046CONCLUSIONS OF LAW

4049A. Jurisdiction .

405246 . The Division o f Administrative Hearings has

4061jurisdiction over the subject matter of this proceeding and of

4071the parties thereto pursuant to Sections 120.569, 120.57(1) and

40804 56.073(5) Florida Statutes (2006 ).

4086B. The Burden and Standard of Proof .

409447 . The Department seeks to impose penalties against

4103Respondent's licenses to practice acupuncture and massage

4110therapy the Administrative Complaints that include suspension or

4118revocation of his licenses and/or the imposition of an

4127administrative fine. Therefore, the Department h as the burden

4136of proving the specific allegations of fact that support its

4146charge that Respondent violated Sections 456.072(1)(u) ,

4152457.109(1)(j), 457.109(1)(m), and 480.046(1)(o), Florida

4157Statutes, by clear and convincing evidence.

416348 . What constitutes “c lear and convincing” evidence was

4173described by the court in Evans Packing Co. v. Department of

4184Agriculture and Consumer Services , 550 So. 2d 112, 116, n. 5

4195(Fla. 1st DCA 1989), as follows:

4201. . . [C]lear and convincing evidence

4208requires that the evidence mu st be found to

4217be credible; the facts to which the

4224witnesses testify must be distinctly

4229remembered; the evidence must be precise and

4236explicit and the witnesses must be lacking

4243in confusion as to the facts in issue. The

4252evidence must be of such weight that it

4260produces in the mind of the trier of fact

4269the firm belief or conviction, without

4275hesitancy, as to the truth of the

4282allegations sought to be established.

4287Slomowitz v. Walker , 429 So. 2d 797, 800

4295(Fla. 4th DCA 1983).

4299See also In re Graziano , 696 So. 2d 744 (Fla. 1997); In re

4312Davey , 645 So. 2d 398 (Fla. 1994); and Walker v. Florida

4323Department of Business and Professional Regulation , 705 So. 2d

4332652 (Fla. 5th DCA 1998)(Sharp, J., dissenting).

4339C . The Charges of the Administrative Complaint in DOAH

4349Case No. 06 - 4117 (Board of Acupuncture) .

435849 . In its Administrative Complaint in DOAH Case No. 06 -

43704117 , before the Board of Acupuncture, the Department has

4379alleged that Respondent : (a) engaged or attempted to engage in

4390sexual misconduct as defined and prohibited in Section

439845 6.063(1), Florida Statutes, in violation of Section

4406456.072(1)(u), Florida Statutes (Count One); (b) exercised

4413influence within a patient - acupuncturist relationship for

4421purposes of engaging a patient in sexual activity in violation

4431of Section 457.109(1)(j), Florida Statutes (Count Two); (c)

4439violated Section 457.109(1)(m) Florida Statutes , by failing to

4447keep written medical records which are consistent with the

4456practitioner’s style of acupuncture justifying the course of

4464treatment of the patient (Count Three).

447050 . Section 456.072(1) , Florida Statutes , sets out grounds

4479for discipline of all health professionals , including the

4487following disciplinable act :

4491(u) Engaging or attempting to engage in

4498sexual misconduct as defined and prohibited

4504in s. 456.063(1).

450751 . Section 456.063(1), Fl orida Statutes, defines " sexual

4516misconduct " as follows :

4520Sexual misconduct in the practice of a

4527health care profession means a violation of

4534the professional relationship through which

4539the health care practitioner uses such a

4546relationship to engage or attempt to engage

4553the patient or client, or an immediate

4560family member, guardian, or representative

4565of the patient or client in, or to induce or

4575attempt to induce such person to engage in,

4583verbal or physical sexual activit y outside

4590the scope of the professional practice of

4597such health care profession. Sexual

4602misconduct in the practice of a health care

4610profession is pr ohibited.

461452 . Section 457.109(1), Florida Statutes, sets out grounds

4623for the discipline which specificall y apply to acupuncturists ,

4632including the following:

4635(j) exercising influence within a

4640patient - acupuncturist relationship for

4645purposes of engaging a patient in sexual

4652activity. A patient shall be presumed to be

4660incapable of giving free, full, and inform ed

4668consent to sexual activity with his or her

4676acupuncturist.

4677. . . .

4681(m) failing to keep written medical

4687records justifying the course of treatment

4693of the patient.

4696D . The Charges of the Administrative Complaint in DOAH

4706Case No. 06 - 4491PL (Board of Massage Therapy) .

471653 . In its Administrative Complaint in DOAH Case No. 06 -

47284491PL before the Board of Massage Therapy, the Department

4737alleged that Respondent violated Section 480.046(1)(o), Florida

4744Statutes, by violating Section 480.0485, Flor ida Statutes , which

4753prohibits the use of the massage therapist - patient relationship

4763to induce or attempt to induce a patient to engage in sexual

4775activity outside the scope of massage therapy.

478254 . Section 4 80.046(1)(o), Florida Statutes , sets out the

4792following relevan t ground for disciplinary action by the Board

4802of Massage Therapy: " Violating any provision of this chapter

4811456, or any rules adopted pursuant thereto. "

481855 . Sec tion 480.0485, Florida Statutes, defines and

4827prohibits sexual misconduct in the practice of mas sage therapy

4837as:

4838The massage therapist - relationship is

4844founded on mutual trust. Sexual misconduct

4850i n the practice of massage therapy means

4858violation of the massage therapist - patient

4865relationship through which the massage

4870therapist uses that relationship t o induce

4877or attempt to induce the patient to engage,

4885or to engage or attempt to engage the

4893patient, in sexual activity outside the

4899scope of practice or the scope of generally

4907accepted examination or treatment of the

4913patient. Sexual misconduct in the pract ice

4920of massage therapy is prohibited.

4925E. Factual Basis for the Department's Charges in Both

4934Cases .

493656 . In both cases, the Department has alleged the same

4947general factual basis for the alleged violations, other than in

4957Count Three of the Administrative C omplaint in DOAH Case No. 06 -

49704117PL. Generally, the Department has alleged that Respondent

4978committed the al leged statutory violations by committing sexual

4987misconduct when he inserted his finger into Patient U.C.'s anus

4997and when he inserted his finger into Patient U.C.'s vagina.

500757 . The factual allegation s in support of the allegation

5018that Respondent had violated Section 457.109(1)(m) , Florida

5025Statutes, by failing to keep written medical records which are

5035consistent with the practitioner’s style of acupun cture

5043justifying the course of treatment of the patient ( Count Three

5054of the Administrative Complaint in DOAH Case No. 07 - 4117PL ) , are

5067that Respondent failed to keep any written record that justified

5077his insertion of his finger into Patient U.C.'s anus or h er

5089vagina.

5090F. Ultimate Conclusions .

509458 . Ultimately , the s e case s turned almost exclusively on

5106the credibility of Patient U.C. and Respondent. Largely for the

5116reasons explained in paragraphs 51 through and including 67 of

5126Petitioner's Proposed Recommended Order, which are found to be

5135accurate, the credibility issue has been resolved in favor of

5145Patient U.C.

514759. Having accepted and credited Patient U.C.'s version of

5156what transpired on July 13, 2004, it is found that the

5167Department has proved clearly and co nvincingly that Respondent

5176on that day inserted his finger into Patient U.C.'s anus and her

5188vagina, and that he moved his finger back and forth while in

5200Patient U.C.'s vagina. He did so while Patient U.C. was under

5211his care as an acupuncturist and a massa ge therapist. Finally,

5222he did so without Patient U.C.'s consent and without medical

5232reason or justification.

523560 . It has, therefore, been proved clearly and

5244convincingly that Respondent committed the violations alleged in

5252the Administrative Complaints in both cases:

5258a. Respondent engaged or attempted to engage in sexual

5267misconduct as defined and prohibited in Section 456.063(1),

5275Florida Statutes, with Patient U.C. in violation of Section

5284456.072(1)(u), Florida Statutes, as alleged in Count One of the

5294Admi nistrative Complaint in DOAH Case No. 07 - 4117PL;

5304b. Respondent exercised influence within a patient -

5312acupuncturist relationship for purposes of engaging Patient U.C.

5320in sexual activity in violation of Section 457.109(1)(j),

5328Florida Statutes, as alleged in Count Two of the Administrative

5338Complaint in DOAH Case No. 07 - 4117PL;

5346c. Respondent used his massage therapist - patient

5354relationship to induce or attempt to induce Patient U.C. to

5364engage in sexual activity outside the scope of practice of

5374massage therapy o r the scope of generally accepted massage

5384therapy examination or treatment of Patient U.C. in violation of

5394Section 480.0485, Florida Statutes, thus violating Section

5401480.046(1)(o), Florida Statutes, as alleged in the

5408Administrative Complaint in DOAH Case N o. 07 - 4491PL.

541861 . Finally, it is concluded that the Department failed to

5429prove that Respondent violated Section 457.109(1)(m) Florida

5436Statutes, by failing to keep written medical records which are

5446consistent with the practitioner’s style of acupuncture

5453ju stifying the course of treatment of the patient as alleged in

5465Count Three of the Administrative Complaint in DOAH Case No. 06 -

54774117PL.

547862 . It is clear from the “Plan of Treatment” for Patient

5490U.C. completed by Respondent on the Patient Interview form

5499(Resp ondent’s Exhibit 4), and his testimony, that he never

5509intended for the insertion of his finger into patient U.C.’s

5519anus or vagina to be part of his treatment of Patient U.C.

5531Respondent did not, therefore, fail to keep written medical

5540records consistent wi th his style of acupuncture and justifying

5550his actual course of treatment of the Patient U.C.

5559G. The Appropriate Penalty .

556463 . In determining the appropriate punitive action to

5573recommend to the Board of Acupuncture and the Board of Massage

5584Therapy in thes e case s , it is necessary to consult the

5596“disciplinary guidelines,” of both Boards which impose

5604restrictions and limitations on the exercise of the disciplinary

5613authority of the respective Board . See Parrot Heads, Inc. v.

5624Department of Business and Profess ional Regulation , 741 So. 2d

56341231 (Fla. 5 th DCA 1999).

564064 . The Board of Acupuncture’s guidelines are set out in

5651Florida Administrative Code Rule 64B1 - 9.001 (1)(j) , which

5660provides, in part, the following guideline for "[e] xercising

5669influence within a patien t - acupuncturist relationship for

5678purposes of engaging a patient in sexual activity, or engaging

5688or attempting to engage a patient in verbal or physical sexual

5699activity" :

5701. . . . The usual recommended penalty

5709shall be an administrative fine of up to

5717$100 0.00 and a six (6) month suspension

5725immediately followed by a two (2) year

5732probation with such terms and conditions as

5739set forth by the Board.

574465 . Florida Administrative Code Rule 64BI - 9.001(2)

5753provides that the Board of Acupuncture may take dis ciplinary

5763action other than imposing th e penalties contained in the

5773guidelines , based on consideration of the following factors:

5781( a) The danger to the public;

5788(b) The number of repetitions of

5794offenses, other than an adjudicated offense

5800for which the licensee is presently being

5807penalized;

5808(c) The length of time since date of

5816violation;

5817(d) The number of complaints filed

5823against the licensee;

5826(e) The length of time the licensee has

5834practiced acupuncture;

5836(f) The actual damage, physical or

5842otherwise, to a patient;

5846(g) The deterrent effect of the penalty

5853imposed;

5854(h) The effect of the penalty upon the

5862licensee’s livelihood;

5864(i) Any efforts for rehabilitation;

5869(j) The actual knowledge of the licensee

5876pertaining to the violation;

5880(k) Attemp ts by the licensee to correct

5888or stop a violation or refusal of a licensee

5897to correct or stop a violation;

5903(l) Any action relating to discipline or

5910denial of a certificate or license in

5917another state including, findings of guilt

5923or innocence, standards applied, penalties

5928imposed and penalties served;

5932(m) Any other mitigating circumstances.

593766 . The Board of Massage Therapy’s guidelines are set out

5948in Florida Administrative Code Rule 64B7 - 30.002 (1)(k)1. , which

5958provide s that the penalty range for a vi olation of Section

5970480.046(1)(o), Florida Statutes, due to a violation of Section

5979480.0485, Florida Statutes, is: "$1,000.00 fine or revocation."

598867 . Florida Administrative Code Rule 64B7 - 30.002 (3)

5998provides that, in determining the appropriate penalty, t he Board

6008of Massage Therapy may deviate from its penalty guidelines based

6018upon a consideration of the following aggravating o r mitigating

6028factors:

6029(a) The danger to the public;

6035(b) The length of time since the

6042violation;

6043(c) The number of times th e licensee has

6052been previously disciplined by the Board;

6058(d) The length of time licensee has

6065practiced;

6066(e) The actual damage, physical or

6072otherwise, caused by the violation;

6077(f) The deterrent effect of the penalty

6084imposed;

6085(g) The effect of th e penalty upon the

6094licensees livelihood;

6096(h) Any effort of rehabilitation by the

6103licensee;

6104(i) The actual knowledge of the licensee

6111pertaining to the violation;

6115(j) Attempts by licensee to correct or

6122stop violation or refusal by licensee to

6129correc t or stop violation;

6134(k) Related violations against licensee

6139in another state including findings of guilt

6146or innocence, penalties imposed and

6151penalties served;

6153(l) Actual negligence of the licensee

6159pertaining to any violation;

6163(m) Penalties impose d for related

6169offenses under subsections (1) and (2)

6175above;

6176(n) Any other mitigating or aggravating

6182circumstances.

618368 . Petitioner requests that the Board of Acupuncture

6192enter an order imposing the following penalties: a reprimand; a

6202fine of $1000; su spension of his license for six months; and

6214probation for a period of two years with terms to be decided by

6227the Board of Acupuncture.

623169 . Petitioner requests that the Board of Massage Therapy

6241enter an order imposing the following penalties: a reprimand; a

6251fine of $1000; suspension of his license for six months; and

6262probation for a period of two years, with terms to be

6273established by the Board of Massage Therapy.

628070. In considering the aggravators and mitigators in this

6289matter it is noted that this is Res pondent's first and only

6301offense with either B oard ; he realized during the commission of

6312his offense that his advances were not welcomed by Patient U.C.

6323and stopped his inappropriate conduct ; Respondent is unlikely to

6332be of further danger to the public; an d any fine imposed on him,

6346or suspension of his license , will have a substantial impact on

6357his livelihood. It is also noted, however, that Respondent

6366caused substantial emotional harm to Patient U.C.

637371 . Having carefully considered the facts of this matt er

6384in light of the provisions of Florida Administrative Code Rules

639464B1 - 9.001 and 64B7 - 30.002, it is concluded that , while a longer

6408suspension of Respondent's licenses could be justified due to he

6418harm caused to Patient U.C., the penalties recommended by

6427P etitioner are within the guidelines of the Boards and are

6438reasonable.

6439RECOMMENDATION

6440Based on the foregoing Findings of Fact and Conclusions of

6450Law, it is

6453RECOMMENDED:

64541. That a final order be entered by the Board of

6465Acupuncture finding that Elham Kharab i, A.P., has violated

6474Section 456.072(1)(u), Florida Statutes, by violating Section

6481456.063(1), Florida Statutes, and Section 457.109(1)(j), Florida

6488Statutes (2004), as alleged in Counts One and Two of the

6499Administrative Complaint; dismissing the allegatio ns of Count

6507Three of the Administrative Complaint; issuing a written

6515reprimand; imposing a fine of $1 ,0 00.00; suspending Respondent's

6525acupuncture license for six months; and placing Respondent's

6533license on probation for two years with terms to be set by th e

6547Board of Acupuncture; and

65512. That a final order be entered by the Board of Massage

6563Therapy finding that Elham Kharabi - Moghaddam, L.M.T., has

6572violated Section 480.046(1)(o), Florida Statutes, by having

6579violated Section 480.0485, Florida Statutes ; issuing a written

6587reprimand ; imposing a fine of $1 , 000 .00; suspending Respondent's

6597massage therapy license for six months; and placing Respondent's

6606license on probation for a period of two years, with terms to be

6619set by the Board of Massage Therapy.

6626DONE AND ENTE RED this 23rd d ay of Ju ly , 2007, in

6639Tallahassee, Leon County, Florida.

6643S

6644___________________________________

6645LARRY J. SARTIN

6648Administrative Law Judge

6651Division of Administrative Hearings

6655The DeSoto Building

66581230 Apalachee Parkway

6661Tallahassee, Florida 32399 - 3060

6666(850) 488 - 9675 SUNCOM 2 78 - 9675

6675Fax Filing (850) 921 - 6847

6681www.doah.state.fl.us

6682Filed with the Clerk of the

6688Division of Administrative Hearings

6692this 23rd day of Ju ly , 2007.

6699COPIES FURNISHED:

6701Allison M. Dudley

6704Assistant General Counsel

6707Prosecution Services Unit

6710Department of Health

67134052 Bald Cypress Way, Bin C - 65

6721Tallahassee, Florida 32399 - 3265

6726David M. Shenkman, Esquire

6730David M. Shenkman, P.A.

67342701 South Bayshore Drive, Suite 602

6740Miami, Florida 33133

6743Pamela King , Executive Director

6747Board of Acupuncture and Board of Massage Therapy

6755Department of Health

67584052 Bald Cypress Way , Bin C06

6764Tallahassee, Florida 32399 - 1701

6769Josefina M. Tamayo, General Counsel

6774De partment of Health

67784052 Bald Cypress Way, Bin A02

6784Tallahassee, Florida 32399 - 1701

6789Dr. Ana M. Viamonte Ros, Secretary

6795Department of Health

67984052 Bald Cypress Way, Bin A00

6804Tallahassee, Florida 32399 - 1701

6809R. S. Power, Agency Clerk

6814Department of Health

68174052 Bald Cypress Way , Bin A02

6823Tallahassee, Florida 32399 - 1701

6828NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

6834All parties have the right to submit written exceptions within

684415 days from the date of this recommended order. Any exceptions

6855to this recommended order sh ould be filed with the agency that

6867will issue the final order in these cases.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/17/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 10/17/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 10/17/2019
Proceedings: Petitioner's Response to Respondent's Exceptions to the Recommended Order filed.
PDF:
Date: 12/26/2007
Proceedings: Agency Final Order
PDF:
Date: 12/24/2007
Proceedings: Agency Final Order
PDF:
Date: 09/10/2007
Proceedings: Petitioner`s Objection to Respondent`s Motion for Deferral filed.
PDF:
Date: 09/10/2007
Proceedings: Motion to Withdraw filed.
PDF:
Date: 08/15/2007
Proceedings: Notice of Potential Trial Conflict filed.
PDF:
Date: 08/13/2007
Proceedings: Agency Final Order
PDF:
Date: 08/06/2007
Proceedings: Objections and Exceptions to Findings of Fact and Conclusions of Law Pursuant to 28-106.217 of the Administrative Rules filed.
PDF:
Date: 07/23/2007
Proceedings: Recommended Order
PDF:
Date: 07/23/2007
Proceedings: Recommended Order (hearing held May 21 and 22, 2007). CASE CLOSED.
PDF:
Date: 07/23/2007
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 06/26/2007
Proceedings: Proposed Findings of Fact and Conclusions of Law filed.
PDF:
Date: 06/26/2007
Proceedings: Letter to Judge Sartin from D. Shenkman regarding proposed findings of fact and conclusions of law filed.
PDF:
Date: 06/25/2007
Proceedings: Petitioner`s Proposed Recommended Order filed.
PDF:
Date: 06/07/2007
Proceedings: Notice of Filing Transcript.
Date: 06/05/2007
Proceedings: Transcript (Volumes I and II) filed.
PDF:
Date: 05/24/2007
Proceedings: Letter to parties of record from Judge Sartin enclosing copies of the Exhibits you requested at the hearing.
Date: 05/21/2007
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 05/18/2007
Proceedings: Respondent`s Motion in Opposition to Petitioner`s Motion in Limine filed.
PDF:
Date: 05/17/2007
Proceedings: Petitioner`s Motion in Limine filed.
PDF:
Date: 05/17/2007
Proceedings: Notice of Appearance (filed by A. Dudley).
PDF:
Date: 05/14/2007
Proceedings: Petitioner`s Motion for Official Recognition filed.
PDF:
Date: 04/27/2007
Proceedings: Order on Motion for Deposition in Lieu of Live Testimony.
PDF:
Date: 04/25/2007
Proceedings: Notice of Potential Trial Conflict filed.
PDF:
Date: 04/19/2007
Proceedings: Motion for Deposition in Lieu of Live Testimony filed.
PDF:
Date: 04/18/2007
Proceedings: Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 03/19/2007
Proceedings: Order Denying Motion to Strike.
PDF:
Date: 03/15/2007
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for May 21 through 23, 2007; 9:30 a.m.; Miami, FL).
PDF:
Date: 03/15/2007
Proceedings: Joint Stipulation for Continuance filed.
PDF:
Date: 03/14/2007
Proceedings: Petitioner`s Response to Respondent`s Motion to Strike and Request for Hearing filed.
PDF:
Date: 03/09/2007
Proceedings: Motion to Strike Petitioner`s Amended Witness List filed.
PDF:
Date: 03/09/2007
Proceedings: Amended Witness List filed.
PDF:
Date: 03/09/2007
Proceedings: Amended Witness List filed.
PDF:
Date: 03/07/2007
Proceedings: Response to Request to Produce filed.
PDF:
Date: 03/07/2007
Proceedings: Answer to Complaint filed.
PDF:
Date: 03/06/2007
Proceedings: Notice of Taking Telephonic Deposition filed.
PDF:
Date: 01/31/2007
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for March 21 through 23, 2007; 9:30 a.m.; Miami, FL).
PDF:
Date: 01/30/2007
Proceedings: Notice of Substitution of Counsel (filed by A. Dudley).
PDF:
Date: 01/25/2007
Proceedings: Joint Stipulation filed.
PDF:
Date: 01/19/2007
Proceedings: Response to Respondent`s Motion to Continue filed.
PDF:
Date: 01/19/2007
Proceedings: Motion for Continuance of Final Hearing filed.
PDF:
Date: 01/18/2007
Proceedings: Notice of Serving Petitioner`s Response to Respondent`s First Interrogatories filed.
PDF:
Date: 01/18/2007
Proceedings: Petitioner`s Response to Interrogatories filed.
PDF:
Date: 01/11/2007
Proceedings: Order on Motion for Protective Order.
PDF:
Date: 01/09/2007
Proceedings: Petitioner`s Response to Respondent`s Motion for Protective Order filed.
PDF:
Date: 01/08/2007
Proceedings: Notice of Potential Trial Conflict filed.
PDF:
Date: 01/03/2007
Proceedings: Motion for Protective Order filed.
PDF:
Date: 12/22/2006
Proceedings: Certificate of Objection filed.
PDF:
Date: 12/19/2006
Proceedings: Notice of Serving Petitioner`s First Request for Admissions, Interrogatories and Production of Documents filed.
PDF:
Date: 12/14/2006
Proceedings: Order Granting Respondent`s Motion for Issuance of Subpoenas Ad Testificandum Duces Tecum.
PDF:
Date: 12/08/2006
Proceedings: Subpoena Duces Tecum (3) filed.
PDF:
Date: 12/08/2006
Proceedings: Notice of Production from Non-party filed.
PDF:
Date: 12/08/2006
Proceedings: Notice of Service of Interrogatories to Petitioners Department of Health, Board of Acupuncture, and Department of Health, Board of Massage Therapy filed.
PDF:
Date: 12/08/2006
Proceedings: Notice of Service of Expert Witness Interrogatories to Petitioners filed.
PDF:
Date: 11/30/2006
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for February 8 and 9, 2007; 9:30 a.m.; Miami, FL).
PDF:
Date: 11/29/2006
Proceedings: Response to Respondent`s Motion to Continue filed.
PDF:
Date: 11/27/2006
Proceedings: Order of Consolidation (DOAH Case Nos. 06-4117PL and 06-4491PL).
PDF:
Date: 11/21/2006
Proceedings: Answer filed.
PDF:
Date: 11/21/2006
Proceedings: Motion for Continuance filed.
PDF:
Date: 11/21/2006
Proceedings: Respondent`s Motion for Issuance of Subpoenas ad Testificandum Duces Tecum filed.
PDF:
Date: 11/14/2006
Proceedings: Response to Initial Order filed.
PDF:
Date: 11/09/2006
Proceedings: Initial Order.
PDF:
Date: 11/08/2006
Proceedings: Motion to Consolidate filed. (DOAH Case Nos. 06-4491PL and 06-4117PL)
PDF:
Date: 11/08/2006
Proceedings: Election of Rights filed.
PDF:
Date: 11/08/2006
Proceedings: Administrative Complaint filed.
PDF:
Date: 11/08/2006
Proceedings: Agency referral filed.

Case Information

Judge:
LARRY J. SARTIN
Date Filed:
11/08/2006
Date Assignment:
11/09/2006
Last Docket Entry:
10/17/2019
Location:
Miami, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels

Related Florida Statute(s) (9):