STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. Case No. 2014-19026 ELY D. PELTA, M.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health hereby files this Administrative Complaint before the Board of Medicine against Respondent Ely D. Pelta, M.D., and 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 physician within the State of Florida, having been issued license number ME 59840.
3. Respondent's address of record is 11645 Biscayne Boulevard, Suite 309, North Miami, Florida 33181. 4. Respondent is board certified in Psychiatry by the American Board of Psychiatry and Neurology. 5. During times material to this Complaint, Respondent had a physician-patient relationship with Patient B.R., an adult female. 6. On one or more occasions in May 2014, Patient B.R. presented to Respondent with complaints of anxiety and depression resulting from jobrelated stress. 7. Beginning on or about May 10, 2014 and continuing through on or about May 20, 2014, Respondent sent Patient B.R. multiple text messages. 8. One or more of the aforementioned text messages pertained to Patient B.R.'s treatment. 9. One or more of the aforementioned text messages pertained to Respondent using purported connections to get Patient B.R. a new job, with Respondent suggesting that Patient B.R. would owe him a favor. 10. One or more of the aforementioned text messages contained sexually-suggestive and/or sexually-explicit language. DOH v. Ely D. Pelta, M.D.; Case Number 2014-19026 2
11. In one or more of the aforementioned text messages, Respondent indicated that Patient B.R. needed a "sugar daddy."' 12. In one or more of the aforementioned text messages, Respondent told Patient B.R. to be his "sugar baby." 13. In one or more of the aforementioned text messages, Respondent indicated to Patient B.R. that he was naked/in a state of undress from the waist down while seeing another patient, and that the patient did not know. 14. In one or more of the aforementioned text messages, Respondent indicated that he would be naked the next time Patient B.R. came in. 15. In one or more of the aforementioned text messages, Respondent told Patient B.R. to focus on him and indicated that he was naked. 16. In one or more of the aforementioned text messages, Respondent indicated to Patient B.R. that he was taking naked pictures to distract her. 1 "Sugar daddy" is a colloquial term for a man who gives money, gifts, etc., to someone (such as a younger woman) in exchange for physical intimacy and/or companionship. DOH v. Ely D. Pelta, M.D.; Case Number 2014-19026 3
17. In one or more of the aforementioned text messages, Respondent indicated to Patient B.R. that he was going to "celebrate by getting naked." 18. One or more of the aforementioned sexually-suggestive and/or sexually-explicit text messages were sent outside the scope of Respondent's practice as a medical doctor. 19. Section 456.072(1)(v), Florida Statutes (2013), provides that engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes (2013), is grounds for discipline. 20. Section 456.063(1), Florida Statutes (2013), 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 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. Ely D. Pelta, M.D.; Case Number 2014-19026 4
21. The Respondent used his professional relationship with Patient B.R. to engage or attempt to engage Patient B.R. in, or to induce or attempt to induce Patient B.R. to engage in, verbal or physical sexual activity outside the scope of the Respondent's professional practice as a medical doctor by sending Patient B.R. one or more of the aforementioned sexually-suggestive and/or sexually-explicit text messages. 22. Based on the foregoing, the Respondent violated Section 456.072(1)(v), Florida Statutes (2013), by engaging or attempting to engage in sexual misconduct as prohibited in Section 456.063(1), Florida Statutes (2013). WHEREFORE, the 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 and/or any other relief that the Board deems appropriate. (SIGNATURE PAGE FOLLOWS) DOH v. Ely D. Pelta, M.D.; Case Number 2014-19026 5
SIGNED this 31st day of October 2016. CELESTE PHILIP, MD, MPH State Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: Anga ScuAzie.ry DATE: OCT 3 1 Z016 cg. Ross D. Vickers, Esq. Florida Bar Number 121717 Assistant General Counsel Office of the General Counsel Prosecution Services Unit Florida Department of Health 4052 Bald Cypress Way, Bin #C-65 Tallahassee, Florida 32399-3265 Telephone: (850) 245-4640, Ext. 8165 Facsimile: (850) 245-4684 Email: Ross.Vickers@flhealth.gov PCP: October 28, 2016 PCP Members: Georges El-Bahri, M.D.; Sarvam Terkonda, M.D.; Bradley Levine DOH v. Ely D. Pelta, M.D.; Case Number 2014-19026 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. 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. DOH v. Ely D. Pelta, M.D.; Case Number 2014-19026 7