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MIAMI (CBSMiami) — A Florida doctor accused of sexual misconduct with a patient continues to practiced, according to the Palm Beach Post.

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David Simon, a Lake Worth family doctor, was accused of using “punishment therapy” in 2011. The female patient suffering from depression did not want to partake in sexual activity, but Simon insisted that it had helped others.

The female abandoned the doctor after a “three hour torture session” where she was tied up in a closet and then choked after finally being released. Palm Beach’s Sheriff Detectives were able to find whips, blindfolds, chains, handcuffs and other sexual paraphernalia in the doctor’s exam room.

“Was it torture? Not really. It was inappropriate behavior. I’m not sure I’d consider it torture. … At no point in time did I coerce her, threaten her,” stated Dr. Simon.

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Board chairman Ronald Burns answered, “Do you think anyone would consent to being choked?”

The doctor then responded softly, “No.”

Simon worked out a settlement with two years of probation and a $10,000 fine. In November 2013, the board of Osteopathic Medicine rejected the settlement.

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Dr. David Simon continues to practice today.