DEPARTMENT OF HEALTH, Petitioner, Final Order No. DOH-16-1626- Fb1 -MQA STATE OF FLORIDA BOARD OF MEDICINE FILED DATE AUG 1 8 2016 Depart ent of Heaath By: ufv AaPnev elorlr VS. DOH CASE NO.: 2014-05250 LICENSE NO.: ME0093571 GREGORY A. LATCHAW, M.D., Respondent. FINAL ORDER THIS CAUSE came before the BOARD OF MEDICINE (Board) pursuant to Sections 120.569 and 120.57(2), Florida Statutes, on July 29, 2016, in Tampa, Florida, for consideration of the Amended Administrative Complaint (attached hereto as Exhibit A) in the above-styled cause pursuant to Respondent's Election of Rights. At the hearing, Petitioner was represented by Jack Wise, Assistant General Counsel. Respondent was present and represented by Joseph M. Bloom, Esquire. The facts are not in dispute. Upon consideration, it is ORDERED: 1. The allegations of fact set forth in the Amended Administrative Complaint are approved and adopted and incorporated herein by reference as the findings of fact by the Board.
2. The conclusions of law alleged and set forth in the Amended Administrative Complaint are approved and adopted and incorporated herein by reference as the conclusions of law by the Board. 3. The violations set forth warrant disciplinary action by the Board. THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED: Respondent's license to practice medicine in the State of Florida is hereby REVOKED. RULING ON MOTION TO ASSESS COSTS The Board reviewed the Petitioner's Motion to Assess Costs and voted to waive the costs associated with this case. (NOTE: SEE RULE 64B8-8.0011, FLORIDA ADMINISTRATIVE CODE. UNLESS OTHERWISE SPECIFIED BY FINAL ORDER, THE RULE SETS FORTH THE REQUIREMENTS FOR PERFORMANCE OF ALL PENALTIES CONTAINED IN THIS FINAL ORDER.) This Final Order shall take effect upon being filed with the Clerk of the Department of Health. DONE AND ORDERED this 2016. 16X day of attirtfrofr BOARD OF MEDICINE Claudia Kemp, J.D., executive Director For Enrique Ginzburg, M.D., Vice-Chair
NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by Certified Mail to GREGORY A. LATCHAW, M.D., 12959 Palms West Drive, Suite 130, Loxahatchee, Florida 33470; to Joseph M. Bloom, Esquire, Lubell Rosen, 200 South Andrews Avenue, Museum Plaza, Suite 900, Fort Lauderdale, Florida 33301; by email to Jack Wise, Assistant General Counsel, Department of Health, at Jack.Wise@flhealth.gov; and by email to Edward A. Tellechea, Chief Assistant Attorney General, at Ed.Tellechea@myfloridalegal.com this day of, 2016. Lo. thato, 1\A-b. 7016 0340 0000 8267 9380 - rd MN MINNINIMI ""ft 11'e alkata Deputy Agency Clerk 7016 0340 0000 8267 93 9? AP ift
DEPARTMENT OF HEALTH, Petitioner, GREGORY A. LATCHAW, M.D., Respondent. STATE OF FLORIDA DEPARTMENT OF HEALTH CASE NO,: 2014-05250 AREIMMEAMMOREIMIT Petitioner Department of Health files this Administrative Complaint before the Board of Medicine against Respondent Gregory A. Latchaw, M.D., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of Medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed medical doctor within the state of Florida, having been Issued license number ME 93571. 3. Respondent's address of record is 12959 Palms West Dr., Suite 130, Loxahatchee, FL 33470. 1
4. On or about July 05, 2011, Patient S.E., a twenty-six-year-old (26) female, presented to Respondent for a gynecological examination. 5. Patient S.E. continued to treat with Respondent including presenting to Respondent, on or about July 10, 2013, for an annual gynecological examination. 6. During the appointment with Respondent on or about July 10, 2013, Patient S.E. informed Respondent that she was overwhelmed taking care of her infant son, that she was under a great deal of stress and that she and her husband were having marital troubles. 7. Within a week of Patient S.E.'s appointment, Respondent called Patient S.E. on her personal cell phone to request advice concerning his children's education. 8. Respondent continued to call and text Patient S.E. on her personal cell phone regularly. 9. On or about August 28, 2013, Respondent performed three facial Botox Injections on Patient S.E. 10. Respondent did not charge Patient S.E. for the Botox injections. 11. Respondent engaged in sexual relations with Patient S.E. approximately three (3) times on or between about September 01, 2013 and about September 30, 2013. 2
ecto 5.07 F id u e 12. Section 456.072(1)(v), Florida Statutes (2013), subjects a licensee to discipline for engaging or attempting to engage in sexual misconduct as defined and prohibited in s. 456.063(1). 5gOsa4564 363( )4 Fiorlda Statutes 13. Section 456.063(1), Florida Statutes (2013) defines sexual misconduct in the practice of a health care profession as 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. COUNT I Violation of Secton_456.072W(v) 14. Petitioner realleges and incorporates paragraphs 1 through 13 as if fully set forth herein. 15. Respondent engaged in sexual misconduct in the practice of a health care profession by using his patient-physician relationship with 3
Patient S.E. to engage or attempt to engage Patient S.E. in, or to induce or attempt to induce Patient S.E. to engage in verbal or physical sexual activity outside the scope of the professional practice of such health care profession. 16. Based on the foregoing, Respondent violated Section 456,072(1)(v), Florida Statutes (2013). Section 458.331(1),Mori Statute-4 17, Section 458.331(1)(j), Florida Statutes (2013), subjects a licensee to discipline for exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. aggij2132941101:1jlatatuigs. 18. Section 458.329, Florida Statutes (2013) prohibits sexual misconduct in the practice of medicine which it defines as violation of the physician-patient relationship through which the physician uses said 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 the practice or the scope of generally accepted examination or treatment of the patient. 4
Raelthm:-9.02811 Forid Wee strativ 19. Rule 64B8-9.008(1) provides that sexual misconduct is a violation of Section 458.331(1)(j), Florida Statutes. Rule 64138-9.00/1(2)(a); T,Iorida Administratlye.code 20. Rule 64B8-9.008(2)(a) provides that sexual misconduct Includes but is not limited to sexual behavior or involvement with a patient, including verbal or physical behavior, which may reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it; or may reasonably be interpreted for the sexual gratification of the physician, the patient, or any third party; or may reasonably be interpreted by the patient as being sexual. Rule 64$8-9,008(2)(b), Florida Administrative Code 21. Rule64B8-9.008(2)(b) provides that sexual misconduct includes but is not limited to sexual behavior or involvement with a patient not actively receiving treatment from the physician, including verbal or physical behavior or involvement, which may reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it; or may reasonably be interpreted for the sexual gratification of the physician, the patient, or any 5
third party; or may reasonably be interpreted by the patient as being sexual; and which results from the use or exploitation of trust, knowledge, influence or emotions derived from the professional relationship; misuses privileged information or access to privileged information to meet the physician's personal or sexual needs; or is an abuse or reasonably appears to be an abuse of authority or power. Rule 6468-9.008(6), Florida Administwtive Code 22. Rule 6468-9.008(6) provides that sexual conduct between a physician and a former patient after termination of the physician-patient relationship constitutes a violation of the Medical Practice Act where the sexual contact is a result of the exploitation of trust, knowledge, influence or emotions, derived from the professional relationship. COUNT II Violation, of Section 458.331(1)(j) 23. Petitioner realleges and incorporates paragraphs 1 through 11 and 17 through 22 as if fully set forth herein. 24. Respondent exercised influence within his patient-physician relationship with Patient S,E. for purposes of engaging patient S.E. in sexual activity. 6
25. Based on the foregoing, Respondent violated Section 456.072(1)(v), Florida Statutes (2013). WHEREFORE, Petitioner respectfully requests that the Board of Medicine 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 or, any other relief that the Board deems appropriate. SIGNED this day of "Me-1-1 2015. John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health CLERK: DA FILED EPARTMENT OF fl Arieile E. Davis Assistant General Counsel Florida Bar No. 88605 DOH-Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 Telephone: 850-245-4444 Facsimile: 850-245-4684 E-Mail: Arieile.Davis@flhealth.gov PCP: March 27, 2015 PCP Members: Georges El-Bahr', M.D.; Sarvam Terkonda, M.D. 7
NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57 1 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. 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. 8