STATE OF FLORIDA BOARD OF PHYSICAL THERAPY PRACTICE

Transcription

1 STATE OF FLORIDA BOARD OF PHYSICAL THERAPY PRACTICE DEPARTMENT OF HEALTH, Petitioner, VI CASE NO ANTHONY PAUL PRIBILA, P.T., Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Physical Therapy Practice ("Board") against Respondent, Anthony Paul Pribila, P.T., and alleges: 1. Petitioner is the state agency charged with regulating the practice of physical therapy pursuant to section 20.43, Florida Statutes; chapter 456, Florida Statutes; and chapter 486, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed physical therapist in the state of Florida, having been issued license number PT on or about September 15, 2003.

2 3. Respondent's mailing address of record is 917 Ashton Oaks Circle, Lakeland, Florida However, an additional address for Respondent is 1826 North Crystal Lake Drive, Lakeland, Florida At all times material to this Complaint, Respondent practiced physical therapy and was the Director of Physical Therapy at Therapeutic Rehab Specialists ("Therapeutic Rehab"), located at 1826 North Crystal Lake Drive, Lakeland, Florida On or about August 28, 2015, Patient T.O. was referred to Therapeutic Rehab for physical therapy following complaints of pain in the neck and upper back, or the cervical spine'. 6. Patient T.O.'s initial physical therapy evaluation was performed by Y.R., P.T. on or about August 28, Patient T.O. had no complaints of pain in the lumbar spine2, or lower back, so Y.R. did not evaluate the lumbar spine on August 28, 2015, and the evaluation therefore did not address treatment of the lumbar spine. 8. Y.R. treated Patient T.O. on or about August 28, 2015, and again on or about September 1, The neck region of the spine is known as the "cervical spine': 2 The "lumbar spine" refers to the lower back, where the spine curves inward toward the abdomen. DOH v. Anthony Paul Pribila, P.T. Page 2 of 6

3 9. Respondent treated Patient T.O. on or about September 3, 2015, September 8, 2015, and/or September 10, During all of these sessions, Respondent and Y.R. treated Patient T.O. for pain in the cervical spine based on the initial physical therapy evaluation. 11. However, during Patient T.O.'s appointment on or about September 10, 2015, Patient T.O. complained that her lower back was sore. 12. On or about September 10, 2015, Respondent treated Patient T.O.'s lumbar spine and performed spinal manipulations on Patient T.O. 13. Patient T.O.'s physician did not include lumbar spine in his referral for physical therapy; the physician's orders were for treatment of the cervical spine. 14. Patient T.O.'s initial physical therapy evaluation did not include an evaluation of the lumbar spine. 15. Respondent did not perform an evaluation of Patient T.O.'s lumbar spine before treating the area. DOH v. Anthony Paul Pribila, P.T. Page 3 of 6

4 16. Section (1)(e), Florida Statutes (2015), provides that failing to maintain acceptable standards of physical therapy as set forth by the Board in rules adopted pursuant to this chapter constitutes grounds for discipline. 17. It is the responsibility of a physical therapist to assess and reassess the patient's condition and when necessary, modify the treatment plan. Rule 64B (3)(f)(8), Ha. Admin. Code. 18. Respondent failed to maintain the acceptable standards of physical therapy in one or more of the following ways: a. When Respondent treated Patient T.O.'s lumbar spine without first performing an evaluation on the area; b. When Respondent performed treatment that was not included in Patient T.O.'s plan of care; and/or c. When Respondent went beyond the scope of treatment prescribed by Patient T.O.'s physician. 19. Based on the foregoing, Respondent violated section (1)(e), Florida Statutes (2015). DOH v. Anthony Paul Pribila, P.T. Page 4 of 6

5 WHEREFORE, the Petitioner respectfully requests that the Board of Physical Therapy Practice enter an order imposing one or more of the following penalties: permanent revocation or suspension of license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, continuing education and/or any other relief that the Board deems appropriate. SIGNED this (204. day of e}r, Celeste Philip, MD, MPH Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK 41)&7 DATE OU ,e. Carrie B. McNamara Assistant General Counsel Florida Bar # Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida (850) (850) (fax) PCP: 10/17/2017 PCP Members: Tasso, Candela, Watson DOH v. Anthony Paul Pribila, P.T. Page 5 of 6

6 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. DOH v. Anthony Paul Pribila, P.T. Page 6 of 6