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OREM — An Orem chiropractor has been charged with inappropriately touching three female patients in the past four years.
Dale Harland Heath, 56, who has been a licensed chiropractor in Utah for 20 years, was charged in 4th District Court Monday with object rape, a first-degree felony; forcible sexual abuse, a second-degree felony; five counts of sexual battery, a class A misdemeanor; and one count of making a false statement, a class B misdemeanor.
Reports that Heath touched the genitalia of female patients date back four years, including a formal reprimand handed down by the Utah Division of Occupational and Professional Licensing in 2014, placing the chiropractor's license on probation but still allowing him to practice, according to public filings on the organization's website.
Allegations against Heath were first reported in 2011 when a woman told police that the chiropractor had touched her inappropriately during a treatment. Officers investigated and determined an additional patient reported something similar happened to her during treatment but she did not report it. "The defendant was advised of these claims at this time, but prosecution was not commenced," charging documents state.
In 2013, another patient told police that Heath had inappropriately touched her during treatments in October and November 2012.
As part of an investigation by the Division of Occupational and Professional Licensing, Heath entered into an agreement in September 2014 where he denied the allegations but admitted that "during treatments he incidentally touched areas which caused patients to be concerned," the division's public reprimand states.
Under the sanctions from the division, Heath was allowed to continue his practice so long as chaperones were present during treatments for female patients and requiring Heath to explain procedures and receive consent for any treatments near sensitive areas.
However, a third woman reported to police that Heath touched her inappropriately during two treatments in February of this year.
The contact made victim 3 uncomfortable, but based on the defendant's profession and experience, victim 3 dismissed the contact as incidental and came back for (a second) treatment.
–Charging documents
"The contact made victim three uncomfortable, but based on the defendant's profession and experience, victim three dismissed the contact as incidental and came back for (a second) treatment," charging documents state.
The woman went to police after her second appointment, which included contact by the chiropractor that she believes was "intentional and clearly inappropriate," the charges state.
Heath denied touching the third woman inappropriately and told police that a chaperone was present for the treatments. However, the chaperones told police that they had signed reports saying they were present for appointments with female patients even though they had not been present, according to the charges.
Heath had submitted those signed reports to the Division of Occupational and Professional Licensing, charging documents state.
Heath's attorneys released a prepared statement Tuesday refuting the charges.
"Dr. Dale Heath publicly denies the false accusations made against him. … (He) has been practicing chiropractic care for nearly 30 years, providing sought after pain relief to more than 4,400 patients, nearly all of whom were referred by existing patients," the statement from the law firm of Anderson, Matheson and Peshell says. "Because of Dr. Heath's innocence and for the sake of his profession, livelihood, family, and patients, (he) will vigorously defend himself. "When all of the evidence comes to light, Dr. Heath is confident he will be vindicated …"
A summons has been issued for Heath to appear in court, though an initial court appearance has not been scheduled.
In July, the division filed an additional public reprimand indicating chaperones had signed reports indicating they were present for treatments when they were not. The report states that Heath did not instruct the chaperones to sign the forms, but that he submitted them to the division. Additionally, Heath indicated that on a small number of occasions he had begun some treatments without chaperones present.
The modified sanction required Heath to ensure chaperones were present for entire treatment sessions.
Contributing: Mike Anderson
