092707arzetempsuspension.pdf - illinois department of

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STATE OF ILLINOIS DEPARTMENT OF FINAiiCLAL AND PROFESSIONAL REGULATION

DIVISION OF PROFESSIONAL REGULATION

DEPARTMENT OF FINANCIAL AND j PROPEsSIONAL REGULATION ) of the State of Illinois, Complainant)

V. ) NO. 2007-04906 Ricardo h e , M.D. Lcense NO. 036-078569, 1 Controlled Substance License No. 336-041627, Respondent

NOTICE OF TEMPORPLRY SUSPENSION

To: R J C A D O ARZE, M.D. 6925 Cerrnak Rd Berwyn, LL 60402-2248

PLEASE TAKE NOTICE that the Director of the Division of Professional

Replation of the State of lllinois signed the attached ORDER which provides that your

Physician and Surgeon License as well as Controlled Substance License are

TEMPORARILY SUSPENDED. A copy of the ORDER. Petition, Complaint and

Affidavits on which it is based, i s attached.

FURTHERMORE, on + I , at /

he Medical Disciplinary Board of the Deparunent of Financial and

Professional Regulation of the State of Dlinois wi l l hold a hearing at 100 W. Randolph

Street, Suite 9-300, Chicago, XUinois 60601, to determine the truth of the charges seL forth

in the attached Complaint. At the hearing you will be given an opportunity to present

such statements, testimony, evidence and argument as may be pertinent to or in defense

to [be charges.

It i s required that you appear at the bearing unless the matter is contiiked in

advance. Failure to attend the hearing at the time and place as stated above may result in

a decision being made, in your absence, to continue the suspension of your license.

You have rbe right ro retain counsel Lo represent you i~ this matter and, in the

opinion of this Department; it is advisable to be represented by a lawyer.

It is required that you file a VERFED ANSWER to the attached Complaint with

the Depmrnent of Financial and Professional Regulation by the date of the hearing.

No CONTINUANCE of a hearing will be granted except at the discretion of the

Committee or Board. A written motion for continuance must be served on ' the

D e p m e n t of Financial and Professional Regulation at least three (3) business days

before che date set for the Hearing and must set forth the reasons why holding the hearing

on the date indicated will cause undue hardship.

Your ANSWER, your lawyer's APPEARANCE, and all MOTIONS or papers

should be filed with the Clerk of the Court of the Depament of Financial and

Professional Regulation, at 100 W. Randolph S e t , Suite 9-300, Chicago, IL 60601.

RULES OF PRACTICE IN ADMINISTRATIVE H F ! G S IN THE

DEPARTMENT OF FINANCLAL AND PROFESSIONAL REGULATION BEFORE:

COMMITTEES OR BOARDS OF SAID DEPARTMENT are available upon request.

DEPARTMENT OF FINANCIAL AM) PROFESSIONAL RJ3GULGTION of the State of Illinois pi

Chief of Medcal Prhdcutions

Vladimir Lozovshy Staff Attorney Department of Financial and Professional Regulation Division of Professional Regulation 100 Wesc Randolph, Suite 9-300 Chicago, Illinois 60601 3121814-1691

STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION


D E P A R ~ OF FLNANCIAL AND j PROJ3SSIONA.L REGULATION ) of the State of Illinois, Complainant 1

V. ) No. 2007-04906 Ricardo Arze, M.D. 1 License No. 036-078569, ) Controlled Substance License No. 336-041627, Respondent 1

This matter having come before the Director of the Division of Professional

Regulation of the State of Illinois, on a Petition filed by rhe Chief of Medical

Prosecutions of the Division, which requested 'Temporary Suspension of the licenses of

Respondent, and the Director, having examined the Petition, finds that rhe pubIic interest,

safety and welfare imperatively require emergency action to prevent the continued

practice of Ricardo Arze, M.D., the Respondent, in that Respondent's actions constitute

an immediate danger to the public.

NOW, THEREFORE, I, DANIEL E. BLUTHARDT, DIRECTOR OF THE

DIVISION OF PROFESSIONAL REGUL,AT.ION of the State of Illinois, hereby

ORDER that the Physician nnd Surgeon License and Controlled substance License of

Respondent, Ricardo Arze, M.D. , to practice medicine as a Physician and Surgeon in the

State of Illinois be SUSPENDED, pending proceedings before an Administrative Law

Judge at the Department of Financial and Professional Regulation and the Medical

Disciplinary Board of the S~are of Illinois.

I FURTHER ORDER that Respondent shall immediately surrender all indicia of

licensure to the D

DATED TI"-- - .

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the Statc ofglinois

Director of theJk6sion of Professional Regulation

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DIVISION OF PROESSIONAL REGULATION

DEPARTMXNT OF FINANCIAL ADD ) PROFESSIONAL REGULATION ) of the Srate o f IIlinois, Complainant, )

V. ) NO. 2007-04906 Ricardo Arze, M.D., 1 Liccnsc NO. 036-078569, Respondent. )

PETITION FOR TEMPORARY SUSPENSION

NOW COMES the Complainant, by its Chief of Medical Prosecutions, Sadzi

Martha Oliva, and Petitions DANIEL E. BLUTHARDT, Director of the Division of

Professional Regulation, Deparunent of Financial and Professional Readation of the

State of Illinois, pursuant to 225 Illinois Compiled Statutes (2002), 60137 to issue an

Order for Temporary Suspension of the Physician and Surgeon License of Ricardo Arze,

M.D., Respondent. In support of said Petition, Petitioner alleges as fo'olows:

1. hcardo Atze is presently che holder of s Certificate of Regstration as Physician and

Surgeon in the Stare of lllinois, Jicense No. 036-078569 as weU as Controlled

Substance License No. 336-041627 issued by the Dcpartnent of Financial and

Professional Re,dation of the State of Illinois. Said licenses are presently in active

status.

2. At a l l times mentioned herein the Respondent practiced as a Physician and Surgeon

in B-, Illinois.

3. Lnformation has come to the Department's attention that Respondent has allegedly

engaged in the pattern of sexually inappropriate conduct and/or behavior towards

female patients at Respondent's physician office, located in Berwyn, Illinois.

4. a. On or about March 22,2005, patient K.M. presented herself to

Respondent's physician office, located at 7124 W. Cermak Road, Berwyn,

Illinois 60402;

b. On or about March 22,2005, patient K.M. complained of depression during the

office visit with Respondent.

c. On or about March 22, 2005, during the said treatment, care and/or evaluation

of patient K.M., Respondent has engaged in the following inappropriate conduct

andfor behavior toward patient K.M.: (1) Hugging patient K.M. tightly; (2)

Putting his hands under patient KM.'s top and unhooking patient K.M.'s bra; (3)

Putting his hands on patient K.M.'s breasts; (4) Rubbing patient K.M.'s breasts;

(5) Attempting to place his hands around padent K.M.'s vagina.

d. On or about March 24,2005, patient K.M. filed an Incident Report # 05-4473

with the Berwyn PoGce Department, Illinois alleging that Respondent engaged in

the inappropriate behavior and conduct during the treatment, c m and/or

evaluation of patient K.M. See Department Exhibit A.

5. a On or about March 22, 2007, patient M.G. presented herself to Respondent's

physician office, locxed at 6925 W. Cermak Road, Berwyn, XUinois 60402;

b. On or about March 22, 2007, patient M.G. presented to Respondent's office

complaining of the following symptoms: (1) Difficulty sleeping; (2) Spots on her

face; (3) Feeling depressed; (4) Expcricncing hot flushes;

c. On or about May 1,2007, patient M.G. presented for a follow-up visit to

Respondent's physician office;

d. On or about May 1, 2007, during the said treatment, care andlor evaluation of

patien1 M.G., Respondent has engaged in the following inappropriate conducr

andfor behavior toward patient M.G.: (I) Rubbing patient M.G.'s buttocks; (2)

Rubbing patient M.G.'s breasts; (3) Rubbing patient M.G.'s vaginal area; (4)

Asking pntient M.G. whether or nor she was scxually aroused by Respondent's

rubbing of patient M.G.'s breast, buttocks and vaginal areas; (5) Continuing to

rub patient M.G.'s vaginal area; (6) Kissing patient M.G.'s right temple area; and

(7) Becoming sexually aroused himself;

e. On or about June 18,2007, patient M.G. filed an Incidenr: Report # 07-09627

with the Berwyn Police Department, Illinois alleging that Respondent engaged in

the inappropriate behavior and conduct during the treatment, care ancl/or

evaluation of patient M.G. See Department Exhibit B.

I DFPR 09 /24 /2007 14: 4 3 312A145392

6. a. On or about January 5, 2007, patient M.T. presented herself to Respondent's

physician office, located at 6925 W. C m a k Road, Berwyn, Illinois 60402., for

inltlal vint;

b. On or about January 5,2007, patient M.T. presented to Respondent's physician

office complaining of the stomach pain;

c. On or about January 5, 2007, during the said treatment, care andlor evaluation

of patient M.T., Respondent has engaged in the following inappropnate conduct

and/or behavior toward patient M.T.: (1) Pulling patient M.T.'s pants down

without providing an examination gown; and (2) Pulling patient M.T.'s shirt and

bra over her breasts and leaving her breasts exposed;

d. On or about February 6,2007, patient M.T. presented to Respondent's

physician office for a follow-up visit;

e. On or about February 6, 2007, during the said treatment, care and/or evaluation

of patient M.T., Respondent has engaged in rhe foIlowing inappropriate conducr:

andlor behavior toward patient M.T.: (1) Pulling patient M.'T.'s pants down

without providing an examination gown and (2) Making sexually inappropriate

comments to patient M.T., including but not limited to commenting on patient

M.T.'s cosmetic procedures;

f. On or about April 16,2007, patient M.T. presented to Respondent's physician

office for an additional visit;

g. On or about Apnl 16,2007, patient M.T. complained of weight gain

to Respondent;

h. On or about April 16, 2007, during the said treatment, care andor evaluation of

patient M.T., Respondent has engaged in the following inappropriate conduct

andlor behavior toward patient M.T.: malung sexually inappropnate comments to

patient M.T., including but not limited to (1) inquiring whether or not patient

M.T. masturbates; (2) inquiring what objects patient M.T. uses for masturbation;

(3) inquiring whether or not patient M.T. uses her hands to masturbate; (4)

inqutring whether or not patient M.T. experiences sexual orgasms;

i. On or about July 20,2007, patient M.T. filed an Incident Report # 07-1 1364

with the Berwyn Pol~ce Department, Illinois allesng that Respondent engaged in

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the inappropiate behavior and conduct during the treatment, care and/or

evaluation of patient M.T. See Department Exhibit C.

7. a. On or about August 23, 2007, patient L.S. presenled herself to Respondent's

physician office, located at 6925 W. Cermak Road, Berwyn, Illinois 60402., for

initial visit;

b. On or about August 23,2007, patient L.S. presented to Respondent's physician

office complaining of depression;

c. On or about August 23,2007, during the said treatment, care andfor evaluation

of patient L.S., Respondent has engaged in the following inappropriate conduct

and/or behavior toward patient L.S.: (1) Placing his hand inside patient's L.S.

blouse and bra; and (2) Lifting patient's L.S. left breast with his hand;

d. On or about September 13,2007, patient L.S. presented to Respondent's

physician office for a follow-up visit related to her depression;

e. On or about September 13,2007, during tbe said treatmenr, care and/or

evaluation of patient L.S., Respondent has engaged in the following inappropriate

conduct andor behavior toward patient L.S.: (1) Removing patient L.S.'s blouse

and bra and exposing patient L.S.'s left breast without providing an examination

oown; (2) Massaging patient L.S.'s back; (3) Feeling patient L.S.'s abdomen and P

back area; (4) Making sexually inappropriate comments to patient L.S., including

but not limited to: (i) i n q u i ~ n g about sexual activity of patient L.S.; ( i i ) inquiring

whether or not patient L.S. maslurbates; (iii) inquiring whether or not patient L.S.

touches herself; (iv) inquiring whether or not patient L.S. becomes aroused; (v)

encouraging patient L.S. to self-stimulate and reach orgasms.

8. Dr. Larry McLain, M.D., Chief Medical Coordinator of the Illinois Department of

Financial and Professional Re,dations, has been consulted in th is matter and

believes that the continued practice of medicine by Respondent, Dr. Ricirdo Arze,

M.D., presents an immediate danger to the safety of rhe public in the Stare of

Illinois.

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Petitioner further alleges that the public interest, safety and welfare imperatively

Require emergency action, in that Respondent's continued practice of medicine

constitutes an immediate danger to the public.

WHEREFORE, Petitioner prays that the Physician and Surgeon Lcense and

Controlled Substance License of Ricardo Arze, M.D. be Temporarily Suspended pending

proceedings before the Medical Disciplinary Board of the State of Illinois.

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of IlIiIlois

By: SADZI M. OLIVA Chicf of Medical Prosecutions

Vladimir Lozovski y Staff Attorney Department of Financial and Professional Regulation Division of Professional Regulation 100 West Randolph, Suite 9-300 Chicago, Illinois 60601 3121814-1691

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DEPARTMENT OF FINANCIAL AND 1 PROFESSIONAL REGULATION 1) of the State of Illinois, Complainant)

v. ) No. 2007-04906 Ricardo Arze, M.D. 1 License No. 036-078569, 1 Controlled Substance License No. 336-041 627, Respondent )

AFJ?lDAVIT OF ANTHONY RUFFOLO

I, Anthony Ruffolo, being duly sworn upon oath, depose and make this Affidavit on

my personal knowledge, and if sworn as a wimess in this matter, I would competently testify

to the following facts:

1. I am cuntentIy an Investigator in the Medical Investigations Unit of the Illinois Division

of Professional Regulation of the Department of Financial and Professional Regulation.

2. In the course of my duties with the Division of Professional Regulation, 1 was assiged

Case No. 2007-04906, Case No 2007- 04911, Case No. 2007-05820 and Case No. 2007-

07245 to investigate allegations that Respondent has alIegedly engaged in the pattern of

sexually inappropriate conduct andlor behavior rowards female patienrs a1 Respondent's

physician office, located in Berwyn , Illinois.

3. In the course of my investigation, I leaned thnr at least three (3) females, that were

mated and evaluated by Respondent at his physician office, made formal complaints to the

Berwy-n Police Department alleging that Respondent has engaged in the sexually

inappropriate behavior towards them during the office visits at Respondent's office.

4. In the course of my investigation, I learned that Respondent engaged in the

sexually inappropriate conduct and/or behavior toward patient K.M.:

a. On or about March 22, 2005, patient K.M. presented herself to Respondent's

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physician office, located at 7124 W. Cermak Road, Berwyn, IlIinois 60402;

b. On or about March 22, 2005, patient K.M. complained of depression during the

office visit with ~es~on 'denc .

c. On or about March 22, 2005, during the said treatment, care and/or evaluation

of patient K.M., Respondent has engaged in the following inappropriate conduct

andlor behavior toward patient K.M.: (I) Hugging parient K.M. tightly; (2)

Putting his hands under patient K.M.'s top and unhooking patient K.M.'s bra; (3)

Putting his hands on patient K.M.'s breasts; (4) Rubbing patient K.M.'s breasts;

(5) Attempting to place his hands around patient K.M.'s vagina.

d. On or about March 24, 2005, patient K.M. filed an Incident Report # 05-4473

with the Berwyn PoIice Department, Illinois allegng that Respondent engaged in

the inappropriate behavior and conduct during the treatment, care andlor

evaluation of patient K.M.

5. In the course of my investigation, I learned that Respondent engaged in the

sexually inappropriate conduct andor behavior toward parient M.G.:

a. .On or about March 22, 2007, patient M.G. presented herself to Respondent's

physician off~.ce, located at 6925 W. Cennak Road, Berwyn, Illinois 60402;

b, On or about March 22, 2007, patient M.G. presented to Respondent's office

complaining of the following symptoms: (1) Difficulty sleeping; (2) Spots on her

face; (3) Feeling depressed; ( 4 ) Experiencing hot flushes;

c. On or about May 1, 2007, patient M.G. presented for a follow-up visit to

Respondent's physician office;

d. On or about May 1, 2007, during the said treatmmt, care andlor evaluation of

patient M.G., Respondent has engaged in the following inappropriate conduct

andlor behavior toward patient M.G.: ( I) Rubbing patient M.G.'s buttocks; (2)

Rubbing patient M.G.'s breasts; (3) Rubbing parient M.G.'s vaginal area; (4)

Asking patient M.G. whether or not she was sexually aroused by Respondent's

rubbing of patient M.G.'s breast, buctocks and vaginal areas; (5j Conrinuing to

rub patient M.G.'s vaginal area; (6) fissing patient M.G.'s right temple area; and

63/24/2007 14: 43 3128145332 IDFPR P A b t zj/ z r

(7) Becoming sexually aroused himself;

e. On or about June 18, 2007, patient M.G. filed an Incident Report # 07-09627

with the Bexwyn Police Department, Illinois nllegng rhat Respondent cnzaged in

the inappropriate behavior and conduct during the treatment, care andlor

evaluation of patient M.G.

6. In ~ h s course u l my investigation, 1 learned that Respondent engaged in the

sexually inappropriate conduct andlor behavior toward patient M.T.:

n. On or about January 5, 2007, patient M.T. prcscntcd hcrsclf to Respondent's

physician office, located at 6925 W. Cemak Road, Berwyn, Illinois 60402., for

initial visit;

b. On or about January 5,2007, patient M.T. presenred to Respondent's physician

office complaining or thr: sturnach pain;

c. On or about January 5, 2007, during the said treatment, care and/or evaluation

of patient M.T., Respondent has engaged in the following inappropriate conduct

and/or behavior towsrd patient M.T.: (1) Pulling patient M.T.'s pants down

without providing an examination gown; and (2) Pulling patient M.T.'s shirt and

bra over ha breasts and leaving her breasts exposed;

d. On or about Febnlary 6, 2007, patient M.T. presented to Respondent's

physician office for a follow-up visir;

e. On or about February 6,2007, during the said treatment, care andor evaluation

of patient M.T., Respondent has engaged in the following inappropriate conduct

andfor behavior toward patient M.T.: (I) Pulling patient M.T.'s pants down

wichout providing an examination gown and (2) Mahng sexually inappropriate

comments to patienc M.T., including but not limited to commenting on patient

M.T. 's cosmetic -procedures;

f. 011 or about April 16, 2007, patient M.T. presented to Respondent's physician

office for an add~tional visir ;

g. On or about April 16, 2007, patienr M.T. complained of weight gain

to Respondent;

h. On or about April 16,2007, during the said treatment, care mdor evaluation of


andfor behavior toward patient M.T.: making sexually inappropriate coxrlrnents LO

patient M.T., including but not limited to (1) inquiring whether or not patient

M.T. masturbates; (2) i n q u i ~ n g what objects patient M.T. uses for masturbation;

(3) inquiring whether or not patient M.T. uses her hands to masturbate; (4j

inquiring wherher or nor patient M.T. experiences sexual orgasms;

i. On or about July 20, 2007, patient M.T. filed an Incident Report # 07-11364

with the BenvwPolice Department, Tllinois alleging rhat Respondent engaged in

the inappropriate behavior and conduct during the trealrnenl, care andfor

evaluation of patient M.T.

7 . In the course of my investigaiive duties, I obtained three Incident Repons from rhe

Berwyn Police Department regarding Respondent's conduct towards t h e e female patients.

See Department's Exhibits A-C.

8. In the course of my investigation, I learned that Respondent engaged in the sexually

inappropriate conduct andfor b e h a ~ o r toward patient L.S :

a. On or about August 23, 2007, patient L.S. presented herself to Respondent's

physician office, locared at 6925 W. Cennak Road, Berwyn, lllinois 60402, for

initial visit;

b. On or about August 23, 2007, patient L.S. presented to Respondent's physician

office complaining of depression;

c. On or about August 23, 2007, during the said treatment, care and/or evaluation

of patienr L.S., Respondent has engaged in the following inappropriate conducr

andlor behavior toward patienr L.S.: (1) Placing his hand inside ptient's L.S.

blouse and bm; and (2) Lifting parien['s L.S. Ieft breast with his hand;

d. On or about September 13, 2007, patient L.S. presented ro Respondent's


e, On or about September 13, 2007, during the sajd treatnlcnt, care and/or

03/=~t/2007 14: 43 312814539? IDFPR P - ' A ~ J ~ as/=- -

evaluation of pacienr L.S., Respondent has engaged in the following inappropriate

conduct andlor behavior toward patient L.S.; (1) Removing patient L.S.'s blouse

,and bra and exposing patient L.S.'s left breast without providing an examination

gown; (2) Massaging patient L.S.'s back; (3) Feeling patient L.S.'s abdomen and

back area; [4j Malung sexually inappropriate comments to patient L.S., including

but not limited to: (i) inquiring about sexual activity of patjent L.S.; (ii) inquiring

whether or nor patienr L.S. masturbates; (iii) .inquiring whether or not patient L.S.

touches herself; (iv) inquiring whecher or not patient L.S. becomes aroused; (v)

encouraging patient L.S. to self-stimulate and reach orgasms;

9. Based on the foregoing, i t is my opinion with a reasonable degree of certainty that

Respondent's continued practtce of medicine as a Physician and Surgeon presents an

i.mmediate dangcr to thc safcty of the public:

Affiant Subscribed and sworn to before me ths.1?_ day of SPA* h 20.d.

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STATE OF ILLJNOXS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

DIVISION OF P R O ~ S S I O N A L REGULATION

DEPARTMENT OF FINANCIAL AND 1 PROFESSIONAL REGULATION 1 of the State of Illinois, Complainant)

j No. 2007-04906 v. Ricardo Arze, M.D. ) License No. 036-078569, ' 1 Controlled Substance License No. 336-041 627, Respondent. 1

AFFIDAVIT OF LAFCRU MCLAW, M.D.

I, Larry McLain, M.D., being duly sworn upon oath, deposes and makes this Affidavir on

my personal howledge, and if sworn as a witness in this matter 1 couId competently testify to the

following facts:

1. 1 am a Medical Doctor licensed to practice medicine in the State of Illinois.

2. I am currently the Chef Medical Coordinator of the Illinois Department of

Financial and Professional Regulation.

3. 1 have reviewed the Department's records in Department Cases: No 2007-

04906, NO. 2007-04911, No. 2007-05820 and No. 2007-07245 regarding

Ricardo Arze, M.D., Physician and Surgeon License No. 036-078569 and

Conrolled Substance License No. 336-04'1627. -.

4. I have reviewed the Berwyn Police Department's incidents reports and

investigative files related to Dr. Ricardo Arze's conduct during the care.

treatment and evaluation of female patients at his physician practice, located

at Berwyn, Unois.

5. Information has come to the Depanment's attention that Respondent has

allegedly engaged in the pattern of sexually inappropriate conduct andlor

behavior towards female patients at Raspondent's physician office, located in

Berwyn, Illinois.

.6. a. On or about March 22,2005, patient K.M. presented herself to

Respondent's physician office, located at 7124 W. Cermak Road,

B m y n , Illinois .60402;

b. On or abour March 22. 2005, patient K.M. complained of depression

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89/24/2007 14: 43 3128145392 I DFPF! PAGE 27/22

during the office visit with Respundcnt.

c. On or about March 22, 2005, during the said treatment, care andor

evaluation of patient K.M., Respondent has engaged in the following

inappropriate conduct and/or behavior toward patient KM.: (1) Huggins

patient K.M. tightly; (2) Putting his hands under patient'K.M.'s top and

unhooking patient K.M.'s bra; (3) Putting his hands on patient K.M.'s

breasts; (4)'Rubbing patient KM.'s breasts; (5) Attempting to place his

hands around patient K.M.'s.vagna.

d. On or about March 24, 2005, patient K.M. filed an Incident Report #

05-4473 with the Berwyn Police Department, Illinois alleging that

Respondent engaged in the inappropriate behavior and conduct during the

trearment, care and/or evaluation of patient K.M. See Department Exhibit

7. a. On or about March 22, 2007, patient M.G. presented herself to

Respondent's physician office, Iocated at 6925 W. Cermak Road, Benvyn,

Illinois 60402;

. b. On or about March 22, 2007, patient M.G. presented to Respondent's

office complaining of the following symploms: (I j Difficulty sleeping; (2)

Spots on her face; (3) Feeling depressed; (4) Experiencing hot flushes;

c. On or about May 1, 2007, patient M.G. presented for a follow-up visit

to Respondent's physician officc;

d. On or about May 1, 2007, during the said treatment,. care andfor

evaluation of patient M.G., Respondent has engaged in the following

inappropriate conduct andlor behavior toward patient M.G.: (1) Rubbing

patient M.G.'s butcocks; (2) Rubbing patienc M.G.'s breasts; (3) Rubbing

patient M.G.'s vaginal area; (4) Aslung patient M.G. whether or not she

was sexually aroused by Respondent's rubbing of patient M.G.'s breast,

buttocks and vaginal areas; (5) Continuing to rub patient M.G.'s vaginal

area; (6) Kissing patient M.G.'s right temple area; and (7) Becoming

sexually aroused himself;

e. On or about June IS, 2007, patient M.G. filed an Incident Report # 07-

09627 with the Berwyn Police Department, Illinois aIleging that


treatment, care andor evaluation of patient M.G. See Department Exhibit

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09/24/2887 14: 43 3120145392 IDFPR PAGE- 28/29 -

8. a. On o r about January 5, 2007, patient M.T. presented herself to

Respondent's physician office, located at 6925 W. Cermak Road, Berwyn,

Illinois 60402, for initial visit;

b. On or about January 5, 2007, patient M.T. presented to Respondent's

physician office complaining of the stomach pain;

' c. On or. about January 5, 2007, during the said Peatment, care andor

evaluation of patient M.T., Respondent has engaged in the following

inappropriate conduct andlor behavior toward patient M.T.: (I) Pulling

patient M.T.'s pants down without providing an examination gown; and

(2) Pulling patient M.T.'s shirt and bra over her breasts and leaving her

breasts exposed;

d. On or about February 6, 2007, patient M.T. presented to Respondent's

physician office for a follow-up visit;

e. On or about February 6, 2007, during the said treatment, c a n and/or

evaluation of patient M.T., Respondent has engaged in the following

inappropriate conduct andlor behavior toward patient M.T.: (1) Pulling

patient M.T.'s pants down without providing an examination gown and (2)

W n g sexually inappropriate comments to M.T., including but

not limited to commenting on patient M.T.'s cosmetic procedures;

f. On or about April 16, 2007, patient M.T. presented to Respondent's

physician office for an additional visit;

g. On or about ApriI 16,2007, patient M.T. complained of weight gain

to Respondent;

h. On or about April 16, 2007, during the said treatment, care andlor

evaluation of patienr M.T., Respondent has engaged in rhe following

inappropriate conduct andfor behavior toward patienr M.T.: malang

sexually inappropriate comments to patient M.T., including but not limited

to (1) inquiring whether or not paticnr M.T. masturbates; (2) inquiring

what objects pabent M.T. uses for masturbation; (3) inquiring whether or

not patient M.T. uses hex: hands to masturbate; (4) inquiring whether or not

patient M.T. experiences sexual orgasms;

i. On or aboul July 20, 2007, patienr M.T. filed an Incident Repon # 07-

11364 with the Benuyn Police Department, llIinois allegng That


treatment, care andlor evaluation of patient M.T. Sce Deparrment Exhibit

89/24/2887 14: 43 3128145392 IDFPR PAGE 29/29

C.

9. a. On or about August 23. 2007, patient L.S. prese~ted herself to

Respondent's physician office, located at 6925 W. Cermak Road, Bemyn,

Illinois 60402, for initial visit;

b. On or about August. 23, 2007, patient L.S. presented to Respondent's

physician office complaining of depression;

c. On or about August 23, 2007, during the said treatment. care andlor

evaluation of patient L.S., Respondent has engaged in the following

inappropriate conduct andfor behavior toward patient L.S.: (1) Placing his

hand inside patient's L.S. blouse and bra; and (2) Lifting patient's L.S. left

breast with his hand;

d. On or about September . . 13,2007, patient L.S. presented to Respondent's


e. On or about September 13. 2007, during the said treatment, care andlor

evaluation of patient L.S., Respondent has cngaged in the following

inappropriate conduct andlor behavior toward patient L,S.: (1) Removing

patient L.S.'s blouse and bra and exposing patient L.S.'s left breast

.without providing an examination gown; (2) Massaging patient L.S.'s

back; (3) Feeling pauent L.S.'s abdomen and back, area; (4) Making

sexually inappropriate comments to patient L.S., including. but not limited

to: (i) inquiring about sexual activity of patient L.S.; (ii) inquiring whether

or'not patient L.S. masturbates; (iii) inquiring whether or not patient L.S.

touches herseIf; (iv) inquiring whether. or not patient L.S. becomes

aroused; (v) encouraging patient L.S. to self-stimulate and reach orgasms.

10. Based on the foregoing 1: am of the opinion that the conunued practice of

medicine by Rcardo Arze, M.D. presents an immediate danger to the safety

of the public.

Subscibed and sworn to before me this? day of %t. , 2 0 d .

Affiant V

NOTARY PUBLIC STATE OF jLL1NQIS

- - - . -. - . -_ - -. - - -

IDFPR PAGE 02/27

STATE OF ILLINOIS DWARTMENT OF FINANCIAL AND PROFESSIONAL R E G U T I O N

DIVISION OF PYKOPESSIONAL REGULATION

DEPARTMENT OF FINANCIAL AND ) PROFESSIONAL REGULARON 1 of the State of l l l inois, Complainant 1

v. ) No. 2007-04906 Ricardo k z e , M.D. 1 Lcense No. 036-078569, 1 Controlled Substance License No. 336-04 1627, Respondent j

COMPLAINT

Now comes che DEPA.RThENT OF FINANCIAL AND PROFESSIONAL

REGULATION of the State of Illinois, DMSION OF PROFESSIONAL REGULATION, by its

Chief of MedicaI Prosecutions, Sadzi Oliva, and as its COMPLAINT against &cardo Ane, M.D.,

Respondent, complains as follows:

COUNT I

Ricardo Ane is presently the holder of a Certificate of Registration as Physician and

Surgeon in the State of Illinois, Limse No. 036-078569 as well as Controlled

Substance License No. 336-041627 issucd by the Department of Financial and

Professional Regulation of the State of Illinois. Said licenses are presently in active

status.

That the Department has jurisdiction to investigate complaints and to bnng this

action pursuant to 225 ILCS 60/36. (2002).

At all pertinent times Respondent was practicing as a Licensed Physician and

Surge-on in the State of Illinois.

At all times mentioned hcrcin the Respondent practiced as a Physician and Surgeon

In Berwyn, Illinois.

On or about March 22, 2005, patient K.M. presented herself to Respondent's

IDFPR

physician office, located at 7124 W. Cermak Road, Berwyn, Illinois 60402.

6. On or about March 22, 2005, Respondent was engaged in the treatment, care

and/or evaluation of patient K.M.

7. On or about March 22, 2005, patient K.M. complained of depression during the

office visit with Respondent.

8. On or about March 22, 2005, during the said treatment, care andlor evaluation of

patient K.M., Respondent has engaged in the following inappropriate conduct

andlor behavior toward patient K.M.:

a. Hugging patient K.M. tightly;

b. Purring his hands under patienr K.M.'s top and unhooking patient

K.M.'s bra;

c. Putting his hands on patient K.M.'s breasts;

d. Rubbing patient K.M.'s breasts;

e. Attempting to place his hands around patient K.M.'s vagina.

9. On or about March 24, 2005, patient K.M. filed an Incident Report # 05-4473

with the Benvyn Police Department, Illinois alleging that Respondent engaged in

the sexually inappropriate behavior and conduct during the treatment, care and/or

evaluation of patient K.M.

10. The foregoing acrs and/or omissions are grounds for revocation or suspension of a

Certificate of Registration pu-suant to 225 Ulinois Compiled Statutes, Section

60/22 (A), paragraph (5).

WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF

FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF P R O W SIONAL

REGULATION, of the Stare of Illinois, by Sadzi M. Oliva, j t s Chief of Medical Prosecutions,

prays that the Physician and Surgeon Lcense of Ricardo Arze, M.D. be suspended, revoked, or

otherwise disciplined.

COUNT Jx

1-9. Paragraphs I. th~ough 9 of Count I of this Compl.aint are realleged as

Paragraphs 1 through 9 of Count I1 of this Complaint.

10. The foregoing acts and/or omissions are grounds for revocation or suspension of a

/23

Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section

60122 (A), paragraph (20).


FINANCIAL AND PROFESSIONAL REGULATION, DMSION OF PROFESSIONAL

REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief of Med~cal

Prosecutions, prays that the Physician and Surseon Ljccnsc of Ricardo A n e , M.D. be

suspended, revoked, or otherwise disciplined.

COUNT 111

1-4. Paragraphs 1 through 4 of Count I of this Complaint are realleged as Paragraphs 1

through 4 of Count IU of this Complaint,

5. On or about March 22, 2007, patient M.G. presented herself to Respondent's

physician office, located at 6925 W. Cermak Road, Berwyn, Illinois 60402.

6. On or about March 22, 2007, patient M.G. presented to Respondent's office

complaining of the following symptoms:

a. Difficulty sleeping;

b. Spots on her face;

c. Feeling depressed;

e. Experiencing hot flushes.

7. On or about May 1, 2007, patient M.G. presented for a follow-up visit to

Respondent's physician office.

8. On or about May 1, 2007, Respondent was engaged in the treatment, care and/or


9. On or about May 1, 2007, during the said treatment, care andlor evaluation of

patient M.G., Respondent has engaged in the following jnappropriare conduct

andlor behavior toward patient M.G.:

a. Rubbing patient M.G.'s buttocks;

b. Rubbing parienr M.G.'s breasts;

c. Rubbing patient M.G.'s vaginal area;

d. Askng patlent M.G. wherher or not she was sexually aroused by

IDFPR PAGE 05/29

Respondent's rubbing of patient M.G.'s breast, buttocks and vaginal areas;

e. Continuing to rub patient M.G.'s vaginal area;

I. Kissing patient M.G.'s right temple m a .

e. Beconing sexually aroused hrnself.

10. On or about June 18,2007, patient M.G. filed an Incident Report # 07-09627 with

the Berwyn Police Department, Illinois alleging that Respondent engaged in the

sexually inappropriate behavior and conduct during the treatment, care and/or


11. The foregoing acts andlor omissions are grounds for revocation or suspension of a



WIIEREPORE, based on the foregoing allegations, the DEPARTMENT OF

FINANCIAL AND PROFESSIONAL REGULATION, DMSION OF PROFESSIONAL

REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief of Medical Prosecutions,

prays that the Physician and Surgeon License of Ricardo h e , M.D. be suspended, revoked, or


COUNT IV

1-10. Paragraphs 1 through 10 of Count III of this Complaint are realleged as

Paragraphs 1 through 10 of Count IV of this Complaint.

11. The foregoing acts andlor omissions me grounds for revocation or suspension of a


60/22 (A), paragraph (20).


J7DJANCJ.A-I- AND PROFESSIONAL XIEGUTION, DMSION OF PROFESSIONAL

RECULAT'XON, of the State of Xllinois, by Sadzi M. Oliva, its Chief of Medical

Prosecutions, prays that the Physician and Surgeon License of Ricardo Ane, M.D. be

suspended, revoked, ox othexwise disciplined.

89/24/2907 14: 43 3128145392 IDFPR P A G - € ~ - ~ W ~ Y

COUNT V

Paragraphs 1 through 4 of Count I of this Complaint are realleged as Paragraphs I

through 4 of Count V of this Complaint.

On or about January 5, 2007, patient M.T. presented herself to Respondent's

physician office, located at 6925 W. Cermak Road, Berwyn, Illinois 60402., for

initial visit.

On or about January 5, 2007, patient M.T. presented to Respondent's physician

office complaining of the stomach pain.

OTI or about January 5, 2007, Respondent was engaged in the treatment, care

andlor evaluation of patient M.T.

On or about January 5, 2007, duing the said treatment, care andor evaluabon of

patient M.T., Rcspondent has ensaged in the following inappropriate conduct

and/or behavior toward patient M.T.:

a. Pulling patient M.T.'s pants down without providing an examination

gown;

b. Pulling patient M.T.'s shrt and bra over her breasts and leaving her

breasts exposed;

On or about February 6, 2007, patient M.T. presented to Respondent's physician

officc for a follow-up visit.

On or about February 6, 2007, Respondent was engaged in the treatment, care

andor evaluation of patient M.T.

On or about February 6 , 2007, during the said treatment, care and/or evaluation of


andlor behavior toward patient M.T.:

a. Pulling patient M.T.'s pants down without providing an examination

gown;

b. Making sexually inappropriate comments to patient M.T., includmg but

not limited to: (1) commenting on patient M.T.'s cosmetic procedures.

On or about April 16, 2007, patient M.T. presented to Respondent's physician

office for an additional visit.

89/24/2097 14: 43 3128145392 IDFPR PAGE 07 / 29---

13. On or about April 16, 2007, patient M.T. complained of weight gain to

Respondent.

14. On or about April 16,2007, Respondent was engaged in the treatment, care and/or

evaluation of patient M.T.

15. On or about April 16, 2007, during the said ueatment, care andlor evaluation of


and/or behavior toward patient M.T.:

a. Making sexually inappropriate comments to patient M.T., including but

not limited to: (1) inquiring whether or not patient M.T. masturbates; (2)

inquiring what objects patient M.T. uses for masturbation; (3) inquixing

whether or not patient M.T. uses her hands to masturbate; (4) inquiring

whether or not patient M.T. experiences sexual orgasms.

16. On or about July 20,2007, patient M.T. filed an Incident Report # 07-11364 with

the B e r n PoIice Department, Illinois alleging that Respondent engaged in the

sexually inappropriate behavior and conduct during the treatment, care and/or

evaluation of patient M.T. ..

17. The foregoing acts andfor omissions are grounds for revocation or suspension of a


60122 (A), paragraph (5 ) .

TV.fEmORE, based on the [oregoing allegalions, lfic DEPARTMENT OF

PIN.4NCM.L AND PROFESSIONAL REGULATION, DMSION OF PROFESSIONAL


prays that the Physician and Surgeon License of Ricardo Arze, M.D. be suspended, revoked, or


COUNT w

1-16. Paragraphs 1 through 16 of Count V of this Complaint are realleged as Paragraphs

1 through 16 of Count VI of this Complaint.

17. The foregoing acts andor omissions are sounds for revocation or suspension of a

Certificate of Repstration pursuant to 225 Illinois Compiled Statutes, Section . - .

03/24/2007 14: 43 3128145392 IDFPR ~ ~ ( ; l t unf?7

60/22 (A), paragraph (20).

WEREFORE, based on the foregoing allegations, the DEPARTMENT OF

FINANCJAL AND PROFESSIONAL REGULATION, DMSION OF PROFESSIONAL

REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief of Medical

Prosecutions, prays that the Physician and Surgeon License of Ricardo M e , M.P. be

suspended, revoked, or otherwise &scipIined.

Paragraphs 1 rhrough 4 of Counr: I of this Complaint are realleged as Paragraphs 1

through 4 of Count VII of this Complaint.

On or about August 23, 2007, patient L.S. presented herself to Respondent's

physician office, located st 6925 W. Cermak Road, Berwyn, Illinois 60402., for

initial vidt.

On or about August 23, 2007, patient L.S. presented to Respondent's physician

office complaining of depression.

On or about A u ~ s t 23, 2007, Respondent was engaged in the treatment, care

and/or evaluation of patient L.S.

On or about August 23, 2007, during the said treatment, care andfor evaluation of

patient L.S., Respondent has engaged in the following inappropriate conduct

andlor behavior toward patient L.S.:

a. Placing his hand inside padent's L.S. bIouse and bra;

b. Lifting patient's L.S. left brenst with his hand.

On or about Seprember 13, 2007, patient L.S. presented to Respondent's physician

office for a follow-up visit related to her depression.

On or about Septmbei 13, 2007, Respondent was engaged in the treatment, care

andlor evaluation of patien1 L.S.

On or about September 13,2007, during the said treatment, care andfor evaluation

of patient L.S., Respondent has engaged in the folIowing inappropriate conduct

andlor behavior toward patient L.S.:

a. Removing patient L.S.'s blouse and bra and exposing patient L.S.'s left

93/24/2097 14 : 43 3128145332 IDFPR Pk( j t MW

breast without providing an examination gown;

b. Massaging patient L.S .'s back;

c. Feeling patient L.S.'s abdomen and back area;

d. Making sexually inappropriate comments to patient L.S., including but

not limited to: ( l j inquiring about sexual activity of patlent L.S.; (2)

inquiring whether or not patient L.S. masturbates; (3) inquiring whether or

not patient L.S. touches herself; (4) inquiring whether or not patient L.S.

becomes aroused; (5) encouraging patient L.S. to self-stimulate and reach

orgasms.

1.2. The foregoing acts andlor omissions are grounds for revocation or suspension of a



WHEREFORE, based on the foregoing allegations, the DEPARTMEW OF

FLNANCIAL AND PROFESSIONAL REGULATION, DIVISION OF PROFESSIONAL


prays that the Physician and Surgeon License of Ricardo A n e , M.D. be suspended, revoked, or

olherwise disciplined.

COUNT VUI:

1-11. Paragraphs 1 through 11 of Count VII of t h s Complaint are realleged as

Paragraphs 1 through 1 of Count VIU of this Complaint.

12. The foregoing acts andlor omissions are grounds for revocation or suspension of a


60122 (A), paragraph (20).


J3NANCIAJ- AND PROF-ESSIONAL REGULATION, DMSION OF PROFESSIONAL

REGULATION, of the State of Illinois, by Sadzi M. Oliva, i ts Chief of Mehcal

Prosecutions, prays tha t the Physician and Surgeon License of Ricardo Arze, M.D. be

suspended, revoked, or otherwise disciplined.

-

09/23/2007 14: 43 3128145392 I DFPR F A l 3 t 1 n m -

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF PROF'ESSIONAL WGULATION, of the State of Illinois

By: SADZT M. OLNA Chief of Medical Prosecutions

Vladirnir Iazovskiy Staff Attorney Department of Financial and Professional Regulation Division of Professional Regulation 100 West Randolph, Suite 9-300 Chicago, Illinois 60601 3 1218 14-1 691

092707arzetempsuspension.pdf - illinois department of

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