STATE OF FLORIDA BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY

Similar documents
STATE OF FLORIDA BOARD OF DENTISTRY RESPONDENT. ADMINISTRATIVE COMPLAINT. Petitioner, Department of Health, by and through its undersigned

STATE OF FLORIDA BOARD OF PHYSICAL THERAPY PRACTICE

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA BOARD OF DENTISTRY PETITIONER, RESPONDENT. ADMINISTRATIVE OMPLAINT

STATE OF FLORIDA BOARD OF DENTISTRY

STATE OF FLORIDA BOARD OF DENTISTRY RESPON DENT. ADMINISTRATIVE COMPLAINT. Petitioner, Department of Health, by and through its undersigned

STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE

STATE OF FLORIDA BOARD OF DENTISTRY RESPONDENT. ADMINISTRATIVE COMPLAINT. undersigned counsel, and files this Administrative Complaint before the

STATE OF FLORIDA BOARD OF MASSAGE-THERAPY

STATE OF FLORIDA BOARD OF MASSAGE THERAPY

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA BOARD OF DENTISTRY RESPONDENT. AMENDED ADMINISTRATIVE COMPLAINT. Petitioner, Department of Health, by and through its undersigned

STATE OF FLORIDA BOARD OF PSYCHOLOGY ADMINISTRATIVE COMPLAINT. undersigned counsel, and files this Administrative Complaint before the

STATE OF FLORIDA BOARD OF DENTISTRY RESPONDENT. ADMINISTRATIVE COMPLAINT. COMES NOW Petitioner, Department of Health, by and throug its

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA BOARD OF MEDICINE

STATE OF FLORIDA DEPARTMENT OF HEALTH ORDER OF EMERGENCY RESTRICTION OF LICENSE. Celeste Philip, M.D., M.P.H., State Surgeon General, ORDERS the

STATE OF FLORIDA DEPARTMENT OF HEALTH. The Emergency Restriction of the License of Ignacio J. Calvo, M.D. License No: ME Case No:

Chapter 87 *** SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS *** (1) "Audiologist" means a person licensed to practice audiology under this chapter.

PROPOSED REGULATION OF THE BOARD OF HEARING AID SPECIALISTS. LCB File No. R July 6, 2001

Act 443 of 2009 House Bill 1379

IC ARTICLE 20. HEARING AID DEALERS. IC Chapter 1. Regulation of Hearing Aid Dealers; Creation of Advisory Committee; Certificates

FILED STATE OF CALIFORNIA - MEDICAL"BOARD OF CALIFORNIA SACRAMENTO /JtJIJtl?J/xr 2" 20.JL BY I< /krjr!!j ANALYST

Parent/Student Rights in Identification, Evaluation, and Placement

In re: ) ) NOTICE OF CHARGES John E. Marshall, M.D., ) AND ALLEGATIONS; ) NOTICE OF HEARING Respondent. )

CHAPTER 17 SALE OF TOBACCO ADMINISTRATION

STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ) ) ) ) ) ) ) ) ) ) ) RECOMMENDED ORDER. A formal hearing was held by Daniel M.

DISTRICT ADMINISTRATIVE RULE

This license is required for any businesses offering tobacco products for sale.

NC General Statutes - Chapter 90 Article 16 1

BEFORE THE DIVISION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA ) ) ) ) ) ) ) ) ) DECISION

INVESTMENT DEALERS ASSOCIATION OF CANADA NOTICE OF HEARING

RPSGT Recertification Application

BEFORE THE NORTH CAROLINA MEDICAL BOARD. This matter is before the North Carolina Medical Board. on information regarding Matthew Ray Steiner, M.D.

Attachment 5 2. SCOPE OF DOCUMENT

Long-Term Suspensions and Procedural Due Process

Return Date: February 27, 2002

CHAPTER 40 PROFESSIONAL LICENSING AND FACILITY REGULATION

APPEAL NO. 1 SF CASE NO. FINAL ORDER. hearing in the above-referenced matter on October 22, 2015, at approximately APPEARANCES

Case 2:17-cv Document 1 Filed 10/30/17 Page 1 of 10

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 224

Medical gap arrangements - practitioner application

INVESTMENT DEALERS ASSOCIATION OF CANADA RANDALL WAYNE REIFFENSTEIN

Senate Bill No. 174 Senator Carlton CHAPTER...

LEGAL ISSUES IN MARKETING A DENTAL PRACTICE: REFERRAL GIFTS AND GROUPON DISCOUNTS. Message from the ADA Legal Division October 7, 2011

PROPOSED REGULATION OF THE BOARD OF HEARING AID SPECIALISTS. LCB File No. R February 29, 2000

APPENDIX A. THE UNIVERSITY OF OKLAHOMA Student Rights and Responsibilities Code PROCEDURES

MINNESOTA. Protecting; maintaining and improving the healrh ofallminnesotans

BEFORE THE NORTH CAROLINA MEDICAL BOARD. In re: ) ) NOTICE OF CHARGES Kenneth J. Headen, M.D., ) AND ALLEGATIONS; ) NOTICE OF HEARING Respondent.

MEMBER SHARE A Pastoral Medical Association - Private Membership Program MEMBER SHARE AGREEMENT (MSA)

HEALTH REGULATION # 13 TOBACCO HANDLERS PERMITS

STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

CHICAGO HOUSING AUTHORITY GRIEVANCE PROCEDURE FOR THE RENTAL ASSISTANCE DEMONSTRATION (RAD) PROGRAM

Title 35-A: PUBLIC UTILITIES

STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE

Judicial & Ethics Policy

BEFORE THE BOARD OF MEDICINE ORDER. Now, having properly considered the evidence and statements presented, the Committee makes the

ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS ADMINISTRATIVE CODE CHAPTER 190-X-5 PROFESSIONAL CONDUCT TABLE OF CONTENTS

South Carolina General Assembly 122nd Session,

NORTH DAKOTA STATE BOARD OF EXAMINERS AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY

STATE OF FLORIDA DEPARTMENT OF HEALTH

CHAPTER 112. REGISTRATION OF CERTAIN PROFESSIONS AND OCCUPATIONS.

STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES OFFICE OF APPEAL HEARINGS APPEAL NO. 15F CASE NO. FINAL ORDER APPEARANCES

THE NORTH CAROLINA MASSAGE AND BODYWORK THERAPY PRACTICE ACT NORTH CAROLINA GENERAL STATUTES

Chapter 13 TOBACCO AND ALTERNATIVE NICOTINE PRODUCTS

PRINCE GEORGE S COUNTY PUBLIC SCHOOLS Board of Education Upper Marlboro, Maryland Policy No. BOARD OF EDUCATION POLICY

BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA. Respondent.

HILLSBOROUGH COUNTY AVIATION AUTHORITY AIRPORT BOARD OF ADJUSTMENT RULES OF PROCEDURE

CANONS OF ETHICAL CONDUCT

4. The time limit, not less than thirty (30) calendar days, for requesting a Hearing in writing.

Massage Therapy Regulation Proposal for Lawrence, KS

STATE OF VERMONT BOARD OF DENTAL EXAMINERS. Decision on UNPROFESSIONAL CONDUCT CHARGE

TOWN OF BAY HARBOR ISLANDS PUBLIC HEARING AGENDA September 18, 2017

e-cigarette Regulation

CHILD AND ADULT CARE FOOD PROGRAM ADMINISTRATIVE REVIEW PROCEDURES

Title 32: PROFESSIONS AND OCCUPATIONS

Florida Senate SB 224

CIRCUIT COURT OF DUNN COUNTY LANGUAGE ASSISTANCE PLAN NARRATIVE

CHAPTER 120: TOBACCO

WHEREAS, the Tennessee General Assembly finds that thousands of Tennesseans are

Section 8 Administrative Plan (revised January 2000) Chapter 22 # page 1

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Instructions for Applicants. Successful completion of this examination is required as one of the conditions for licensure in the State of Vermont.

Case 2:17-cv Document 1 Filed 10/30/17 Page 1 of 10

These Rules of Membership apply in respect of all Products purchased by a Member from Sigma (and any Program Partner) on or after 1 February 2017.

Due Process Hearing Request Information Sheet and Model Form

128th MAINE LEGISLATURE

Tobacco Sales - License Fee 1. No Indian owned outlet shall engage in the sale of tobacco products (as an "Indian tobacco outlet") on the Rese

if accepted, FINRA will not

SENATE BILL No. 501 AMENDED IN SENATE MAY 1, 2017 AMENDED IN SENATE APRIL 20, 2017 AMENDED IN SENATE APRIL 17, Introduced by Senator Glazer

Action Request Transmittal

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 2760

Legislative Counsel s Digest:

participating in a court proceeding, cannot be guaranteed due process of law or

Title 32: PROFESSIONS AND OCCUPATIONS

Title 32, Chapter 127-A, ATHLETIC TRAINERS (HEADING: PL 1995, c. (new))

WISCONSIN DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

NOTICE OF RIGHTS OF STUDENTS AND PARENTS UNDER SECTION 504

The purpose of this rule is to clarify the special practice authorities addressed in , C.R.S.

Transcription:

STATE OF FLORIDA BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2018-05060 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 1752. DOH v. Darren Men Kurtzer, Au.D. 1

3. Respondent's address of record is 500 Belcher Road South, Apartment 22, Largo, Florida 33771. 4. 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 $1,500.00 as payment for Patient A.W.'s hearing aids using Respondent's personal 2

9. Supplier ReSound billed AIB $617.99 for Patient A.W.'s hearing 10. Respondent did not reimburse the approximately $1,500.00 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 $880.00 as a partial payment for Patient S.P.'s hearing aids using Respondent's personal 13. On or about August 14, 2017, Respondent collected $820.00 as a partial payment for Patient S.P.'s hearing aids using Respondent's personal 14. Supplier ReSound billed AIB $813.95 for Patient S.P.'s hearing 15. Respondent did not reimburse AIB the $1,700.00 that Respondent collected as payment Patient S.P.'s hearing 3

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 $664.00 as a partial payment for Patient D.B's hearing aids using AIB's 17. On or about August 4, 2017, Respondent collected $1,050.00 as a partial payment for Patient D.B.'s hearing aids using Respondent's personal 18. On or about August 8, 2017, Respondent collected $1,470.00 as a partial payment for Patient D.B.'s hearing aids using Respondent's personal 19. Supplier ReSound billed AIB $1,417.95 for Patient D.B.'s hearing 20. Respondent did not reimburse AIB the $2,520.00 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

Respondent collected $1,700.00 as a partial payment for Patient A.W.'s hearing aids using AIB's 22. On or about August 11, 2017, Respondent collected $760.00 as a partial payment for Patient B.J.'s hearing aids using his personal credit card reader. 23. Supplier ReSound billed AIB $1,417.95 for Patient B.J.'s hearing 24. Respondent did not reimburse AIB the $760.00 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 $800.00 as a partial payment for Patient F.M.'s hearing aids using Respondent's personal 27. On or about October 26, 2017, Respondent collected $800.00 as a partial payment for Patient F.M.'s hearing aids using Respondent's personal 5

28. On or about November 15, 2017, Respondent collected $800.00 as a partial payment for Patient F.M.'s hearing aids using Respondent's personal 29. Supplier ReSound billed AIB $798.00 for Patient F.M.'s hearing 30. Respondent did not reimburse AIB the $2,400.00 that Respondent collected as payment for Patient F.M.'s hearing 31. Section 468.1295(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 456.072(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

34. Based upon the foregoing, Respondent violated Section 468.1295(1)(bb), Florida Statutes (2017), through a violation of Section 456.072(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

SIGNED this.9,114.t ' day of TEA/1.t.4 2018. Celeste Philip, M.D., M.P.H. Surgeon General & Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: Angel Sanders DATE: J UL 2 4 2018 KiMberly L. Marshall Assistant General Counsel Fla. Bar No. 123880 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Telephone: (850) 558-9810 Facsimile: (850) 245-4681 Email: kimberly.marshall flhealth.gov PCP Date: July 24, 2018 PCP Members: Kristen Rutland; Barbara Gaunt-Jaehne 8

NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, 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 28-106.111(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 28-106.111(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 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, 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 456.072(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