STATE OF FLORIDA BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY

Transcription

1 STATE OF FLORIDA BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO DARREN ALLEN KURTZER, Au.D., RESPONDENT. ADMINISTRATIVE COMPLAINT I Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Speech- Language Pathology and Audiology against Respondent, Darren Allen Kurtzer, Au.D. In support, Petitioner alleges: 1. Petitioner is the state department charged with regulating the practice of audiology pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 468, Florida Statutes. 2. At all times material to this complaint, Respondent was licensed to practice audiology in the State of Florida, having been issued license number AY DOH v. Darren Men Kurtzer, Au.D. 1

2 3. Respondent's address of record is 500 Belcher Road South, Apartment 22, Largo, Florida At all times relevant hereto, Respondent was employed as an audiologist at American Institute of Balance (AIB) in New Port Richey, Florida. 5. In order to facilitate the delivery of hearing aids to patients, Respondent ordered the hearing aids from supplier ReSound, and the cost was to be billed back to AIB. 6. At all times relevant hereto, Respondent owned a Square brand credit card reader which attached to a cellular phone. The funds collected through this credit card reader were deposited into Respondent's personal account. Facts Specific to Patient A.W. 7. On or about July 28, 2017, Patient A.W., an 87-year-old female, visited Respondent at AIB to be fitted for hearing 8. On or about July 28, 2017, Respondent collected approximately $1, as payment for Patient A.W.'s hearing aids using Respondent's personal 2

3 9. Supplier ReSound billed AIB $ for Patient A.W.'s hearing 10. Respondent did not reimburse the approximately $1, to AIB that Respondent collected for Patient A.W.'s hearing Facts Specific to Patient S.P. 11. On or about August 9, 2017, Patient S.P., an 89-year-old female, visited Respondent at AIB to be fitted for hearing 12. On or about August 11, 2017, Respondent collected $ as a partial payment for Patient S.P.'s hearing aids using Respondent's personal 13. On or about August 14, 2017, Respondent collected $ as a partial payment for Patient S.P.'s hearing aids using Respondent's personal 14. Supplier ReSound billed AIB $ for Patient S.P.'s hearing 15. Respondent did not reimburse AIB the $1, that Respondent collected as payment Patient S.P.'s hearing 3

4 Facts Specific to Patient D.B. 16. On or about August 1, 2017, Patient D.B., a 65-year-old male, visited Respondent at AIB to be fitted for hearing On this date, Respondent collected $ as a partial payment for Patient D.B's hearing aids using AIB's 17. On or about August 4, 2017, Respondent collected $1, as a partial payment for Patient D.B.'s hearing aids using Respondent's personal 18. On or about August 8, 2017, Respondent collected $1, as a partial payment for Patient D.B.'s hearing aids using Respondent's personal 19. Supplier ReSound billed AIB $1, for Patient D.B.'s hearing 20. Respondent did not reimburse AIB the $2, that Respondent collected as partial payments for Patient D.B.'s hearing Facts Specific to Patient B.J. 21. On or about August 3, 2017, Patient B.J., a 71-year-old male, visited Respondent at AIB to be fitted for hearing On this date, 4

5 Respondent collected $1, as a partial payment for Patient A.W.'s hearing aids using AIB's 22. On or about August 11, 2017, Respondent collected $ as a partial payment for Patient B.J.'s hearing aids using his personal credit card reader. 23. Supplier ReSound billed AIB $1, for Patient B.J.'s hearing 24. Respondent did not reimburse AIB the $ that Respondent collected as.a partial payment for Patient B.J.'s hearing Facts Specific to Patient F.M. 25. On or about October 13, 2017, Patient F.M., an 88-year-old female, visited Respondent at AIB to be fitted for hearing 26. On or about October 20, 2017, Respondent collected $ as a partial payment for Patient F.M.'s hearing aids using Respondent's personal 27. On or about October 26, 2017, Respondent collected $ as a partial payment for Patient F.M.'s hearing aids using Respondent's personal 5

6 28. On or about November 15, 2017, Respondent collected $ as a partial payment for Patient F.M.'s hearing aids using Respondent's personal 29. Supplier ReSound billed AIB $ for Patient F.M.'s hearing 30. Respondent did not reimburse AIB the $2, that Respondent collected as payment for Patient F.M.'s hearing 31. Section (1)(bb), Florida Statutes (2017), provides that violating any provision of this chapter or Chapter 456 constitutes grounds for discipline against a licensee. 32. Section (1)(a), Florida Statutes (2017), provides that making deceptive, untrue, or fraudulent misrepresentations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession, constitutes grounds for discipline against a licensee. 33. Respondent employed a trick or scheme in or related to the practice of his profession when he collected part or all of the cost of one or more patients' hearing aids into his personal merchant account. 6

7 34. Based upon the foregoing, Respondent violated Section (1)(bb), Florida Statutes (2017), through a violation of Section (1)(a), Florida Statutes (2017) by employing a trick or scheme in or related to the practice of his profession. WHEREFORE, the Petitioner respectfully requests that the Board of Speech-Language Pathology and Audiology 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. Signatures appear on next page 7

8 SIGNED this.9,114.t ' day of TEA/1.t Celeste Philip, M.D., M.P.H. Surgeon General & Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: Angel Sanders DATE: J UL KiMberly L. Marshall Assistant General Counsel Fla. Bar No Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida Telephone: (850) Facsimile: (850) kimberly.marshall flhealth.gov PCP Date: July 24, 2018 PCP Members: Kristen Rutland; Barbara Gaunt-Jaehne 8

9 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , 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 (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 (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 (5), Florida Administrative Code. Mediation under Section , 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 (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. 9