DEPARTMENT OF HEALTH, STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE PETITIONER, V. CASE NO. 2017-15058 NATHALIE BLUM, D.C. RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Nathalie Blum, D.C., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of chiropractic medicine pursuant to Chapter 20, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 460, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed chiropractic physician within the State of Florida, having first been issued license number CH 9429 on September 24, 2007.
3. Respondent's address of record is 6640 103rd Street, Jacksonville, Florida 32210. 4. At all times material to this Complaint, Respondent practiced at, Blum Health, LLC, located at 6850 103rd Street, Jacksonville, Florida 32210 (Blum Health). 5. On or about January 21, 2016, patient T.G., a 24-year-old male, presented to Blum Health for treatment of injuries he sustained in a motor vehicle accident. 6. Respondent was directly involved in Patient T.G.'s care 7. On or about February 13, 2016, Patient T.G. and Respondent began a romantic relationship. 8. On or about February 24, 2016, Patient T.G. was discharged from Blum Health. 9. Rule 64B-17.0021(8), Florida Administrative Code, provides in pertinent part: A patient is any person who was being examined or who was under the care or treatment of the chiropractic physician when the incident or incidents of sexual misconduct allegedly occurred, regardless of whether the person was billed by or was paying for chiropractic services from the licensee who is accused of sexual misconduct. A person shall be 2
considered a patient until after one year has elapsed since the last date on which the chiropractic physician examined or treated the person. 10. On or about September 22, 2017, Patient T.G. submitted a sworn statement confirming the relationship between Respondent and Patient. 11. Section 460.413(1)(ff), Florida Statutes (2015), subjects a chiropractor to discipline for violating any provision of Chapter 460, Florida Statutes (2014), or any rules adopted pursuant thereto. 12. Section 460.412, Florida Statutes (2015), provides "[t]he chiropractic physician-patient relationship is founded on mutual trust. Sexual misconduct in the practice of chiropractic medicine means violation of the chiropractic physician-patient relationship through which the chiropractic physician uses said relationship to induce or attempt to induce the patient 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. Sexual misconduct in the practice of chiropractic medicine is prohibited." 13. Respondent violated Section 460.413(1)(ff), Florida Statutes (2015) by violating Section 460.412, Florida Statutes (2015), by attempting to engage Patient T.G. in sexual activity by engaging in a romantic relationship with Patient T.G.. 3
WHEREFORE, Petitioner respectfully requests that the Board of Chiropractic 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 and/or any other relief that the Board deems appropriate. SIGNED this 19th day of December, 2018. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary of Health CLERK: FILED DEPARTMENT OF HEALTH DEPUTY CLERK DATE / C9 40-) LO ig Amanda M. Godbey Assistant General Counsel Fla. Bar No. 100352 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9873 Facsimile: (850) 245-4684 Email: Amanda.Godbey@flhealth.gov PCP: December 18, 2018 PCP Members: Mindy Weingarten, D.C. and Gene Jenkins, D.C. 4
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. 5