BEFORE THE VIRGINIA BOARD OF MEDICINE IN RE: TERRY MICHAEL PLESKONKO, D.C. License Number; 0104-000537 Case Number: 185132 ORDER OF SUMMARY SUSPENSION Pursuant to Virginia Code § 54.1-2408.1(A), a quorum of the Board of Medicine (“Board”) met by telephone conference call on October 4, 2018, after a good faith effort to convene a regular meeting of the Board had failed. The purpose of the meeting was to receive and act upon information indicating that ‘Terry Michael Pleskonko, D.C. may have violated certain laws and regulations relating to his prectice as a chiropractor in the Commonwealth of Virginia, as more fully set forth in the “Notice of Formal Administrtive Hearing and Statement of Allegations,” which is attached hereto and incorporated by reference herein, ‘WHEREUPON, pursuant to its euthority under Virginia Code § 54.1-2408.1(A), the Board concludes that a substantial danger to public health or safety warrants this action and ORDERS that the license of Dr. Pleskonko, D.C., to practice as a chiropractor in the Commonwealth of Virginia is SUSPENDED. Its further ORDERED that a hearing be convened within a reasonable time of the date of entry of this Order to receive and act upon evidence in this matter. Pursuant to Virginia Code § 54.1-2400.2, the signed original of this Order shall remain in the custody of the Department of Health Professions as a public record and shall be made available for public inspection or copying on request.Terry Michael Pleskonko, D.C, NOTICE OF FORMAL ADMINISTRATIVE HEARING October 4, 2018 Page 40f8 STATEMENT OF ALLEGATIONS ‘The Board alleges that: 1, Notwithstanding the Board’s prior summary suspension of the license of Terry Michel Pleskonko, D.C., in 2004 based on his sexual misconduct with a patient or the extensive Board-ordered remediation he was required to undergo prior to the reinstatement of his license in 2005, Dr. Pleskonko violated Virginia Code § 54.1-2915(A}(3), (12), (13), (16), (18), and (19), and 18 VAC 85-20-100 of the Regulations Governing the Practice of Medicine, Osteopathy, Podiatry, and Chiropractic (“Regulations”), in tat, with regard to Patients A and B, Dr. Pleskonko engaged in sexual contact concurrent with and by virtue ofthe practtioner-patient relationship and/or engaged during the course of the practtioner-patient relationship in conduct of a sexual nature that a reasonable patient would consider lewd or offensive. Specifically: 4. During treatment that Dr, Pleskonko performed on Patient A’s back, neck, and shoulder on 8 weekly-to-monthly basis from August 2015 to November 2017, Dr. Pleskonko engaged in behavior towards Patient A, e 48-year-old female, that may reasonably be interpreted as intended for his andlor the patient's sexual arousal or gratification, as set forth below: @ During one eppointment, Dr. Pleskonko questioned Patient A about her bra size, asking “Are you a size C cup?” G)__ After approximately the first month of treatment sessions and continuing thereafter during ‘most treatment sessions: * While Patient A was lying face down on the table for treatment of her lower back, Dr. Pleskonko pulled up Patient A's shirt and unhooked her bra and pulled down her leggings and underwear. Initially, he pulled down her leggings and underwear just below‘Terry Michael Pleskonko, D.C. - NOTICE OF FORMAL ADMINISTRATIVE HEARING October 4, 2018 Page 5 of 8 the bottom of her spine, but during each subsequent session, he progressively pulled them down lower. * After Dr. Pleskonko completed treatment while Patient A was lying face down, Dr. Pleskonko would re-hook Patient A’s bra, pull up her underwear and leggings, and instruct her to lie face up on the table. Dr. Pleskonko then began massaging the area between and ‘underneath her breasts at her rib cage while she was clothed without touching her breasts, ‘even though Patient A had not complained of eny pain or symptoms in this area (nor is any such complaint documented in her record). Dr. Pleskonko also instructed Patient A to bend her legs up, with her feet inward, while he pushed and massaged both of her inner thighs over top of her leggings. Dr. Pleskonko did not explain the purpose of such treatment, and no complaints concerning thigh or groin pain or discomfort by Patient A are reflected in the treatment records. Gi) Following one eppointment, as Patient A was leaving his office, Dr. Pleskonko escorted her to a room where massage equipment was located. He closed the door behind Patient A and instructed her to lie face down on the massage table with her clothes on. He then used a vibrating masseger on her, rolling it on her back, shoulders, and calves. He told her to turn onto her back and then he rolled the ‘massager on her hips and shoulders, around her pectoral muscles, and on the front and sides of her legs. He elso placed it on her hips and close to (but not directly on) her pubic area. After a few minutes, he said, “Now you do me, Do what I just did.” He handed her the massager, and he sat in a chair initially but then Jay down on the table. She used the massager on him in a similar way. At her next appointment, he said to her, “Don’t tell my wife what we did last time. She just wouldn’t understand.” Gv) On November 17, 2017, Patient A presented to Dr. Pleskonko for treatment. While lying face down on the table inthe treatment room, Dr. Pleskonko pulled her leggings and underwear down past