Division of Administrative Hearings, Florida
Filed: Dec. 24, 1990
The issue in this case is whether Dr. Giallanzo's Florida license as a chiropractic physician should be disciplined for the following violations of Chapter 460, Florida Statutes, alleged in the Amended Administrative Complaint: COUNT I: Violation of Subsection 460.413(1)(w), Florida Statutes, by violating, Subsection 460.413(1)(bb), Florida Statutes, by submitting to a third-party (i.e., an insurer) a claim for a service or treatment without providing a copy of that claim to the insured at the same time. COUNT II: Voluntarily Dismissed. COUNT III: Violation of Subsection 460.413(1)(v), Florida Statutes, by delegating professional responsibilities to a person when the licensee knows, or has reason to know, that such person is not qualified by training, experience, or licensure to perform them. COUNT IV: Violation of Subsection 460.413(1)(1), Florida Statutes, by making misleading, deceptive, untrue or fraudulent representations in the practice of chiropractic, or employing a trick or scheme in the practice of chiropractic. COUNT V: Violation of Subsection 460.413(1)(g), Florida Statutes, by failing to report to the Department any person who the licensee knows has violated the chiropractic statutes or implementing rules of the department or board. COUNT VI: Voluntarily Dismissed. COUNT VII: Violation of Subsection 460.413(1)(i), Florida Statutes, by failing to perform a statutory or legal obligation placed upon a licensed chiropractic physician. COUNT VIII: Violation of Subsection 460.413(1)(w), Florida Statutes, by violating a lawful order of the board or department which was previously entered in a disciplinary proceeding. COUNT IX: Violation of Subsection 460.413(1)(i), Florida Statutes, by failing to perform a statutory or legal obligation placed upon a licensed chiropractic physician. COUNT X: Violation of Subsection 460.413(1)(w), Florida Statutes, by violating a lawful order of the board or department which was previously entered in a disciplinary proceeding. COUNT XI: Violation of Subsection 460.413(1)(w), Florida Statutes, by violating Section 460.411(1)(a), Florida Statutes, by practicing or attempting to practice chiropractic without an active license. COUNT XII: Violation of Subsection 460.413(1)(w), Florida Statutes, by violating Section 455.227(1)(b), Florida Statutes, by intentionally violating a rule adopted by the board or the department. COUNT XIII: Violation of Subsection 460.413(1)(w), Florida Statutes, by violating Section 460.411(2)(d), Florida Statutes, by knowing concealment of information about his statutory violations, in that the Respondent failed to submit a patient record when presented a patient's release authorizing its delivery to a department employee. COUNT XIV: Violation of Subsection 460.413(1)(w), Florida Statutes, by violating Section 460.411(b), Florida Statutes in that the Respondent used or attempted to use a license to practice chiropractic which has been suspended or revoked.Chiropractor revoked for practice while suspended, failure to pay fines, failure to submit bill to patient when he billed third party payor