STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF MEDICAL ) EXAMINERS, )

)

Petitioner, )

)

vs. ) CASE NO. 86-1170

)

IRVING ISAAC HOROWITZ, )

)

Respondent. )

)

RECOMMENDED ORDER

An administrative hearing was held in the above-styled case by K. N. Ayers, the designated Hearing Officer of the Division of Administrative Hearings, on October 13, 1987, at St. Petersburg, Florida.

APPEARANCES

For Petitioner: Julie Gallagher, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Irving Issac Horowitz, pro se

7800 Northwest 37th Drive East Coral Springs, Florida 33065

By Administrative Complaint filed February 10, 1986, the Department of Professional Regulation, Petitioner, seeks to revoke, suspend or otherwise discipline the license of Irvin Issac Horowitz, Respondent, as a Physical Therapist Assistant. As grounds therefor, it is alleged that on or about June 3, 1985, Respondent provided treatment to a patient without prior evaluation and approval of the patient's treating physical therapist, and on June 11, 1985, began progressive resistive exercise on a patient before receiving a physician's order for such treatment.

At the hearing, Petitioner called four witnesses, Respondent testified in his own behalf, and six exhibits were admitted into evidence. Timely proposed recommended orders were not filed by either party.

FINDINGS OF FACT

1. At all times relevant hereto Respondent was licensed as a physical therapist assistant in Florida. He has held a physical therapist assistant license for approximately 18 years and worked approximately five and one-half years as an orthotec.

2. In June 1985, Respondent was employed by Southeast Rehabilitation Services (Southeast) as a physical therapist assistant.

   
   

3. On or about June 3, 1985, a patient had been transferred to Southeast with one knee immobilized. The physician's order transferring the patient to Southeast directed the immobilizer be removed. When Respondent provided treatment to the patient, he removed the immobilizer without first having received written instructions from the physical therapist to do so.

   
   

4. On or about June 11, 1985, Respondent provided treatment to a patient at Southeast which consisted of strengthening exercises using small weights, when the physical therapist orders called only for range of motion exercises without weights. Respondent had been working at Southeast only a short while and had been taken on rounds by another physical therapist assistant. When Respondent gave treatment to this patient on his own, he couldn't locate the patient's chart and relied on his memory to provide treatment. He thought he remembered the other physical assistant gave this patient strengthening exercise, but this was incorrect.

   
   

5. Respondent readily acknowledged committing the violations alleged, but contended the June 11 incident was a simple mistake and that he had followed physician's orders at other physical therapy centers at which he had worked, without waiting for written orders from the physical therapist.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

7. Respondent is here charged with two violations of Section 486.125, Florida Statutes, which provides disciplinary action may be taken against the license of a physical therapist assistant

   
   

   (4) Who has treated human ailments without having treated them upon the written pre- scription of a physician licensed by the state pursuant to Chapter 459 or Chapter 466, or upon the instructional directive of a person licensed to practice chiropractic or podiatry.

   (6) Who fails to maintain acceptable standards of physical therapy practice as set forth by

   the board and Physical Therapy Counsel in rules adopted pursuant to this chapter.

   
   

8. Such rules are contained in Chapter 21M-9, Florida Administrative Code. Rule 21M-9.30(4), now Rule 21M-9.030(4), Florida Administrative Code, provides:

   
   

   The physical therapist assistant shall not initiate treatment without the prior assessment and approval of the physical therapist, unless working under the supervision of a board-certified orthopedic physician or physiatrist licensed pursuant to Chapter 458 or 459 or a practitioner licensed under Chapter 460.

9. With respect to removing the immobilizer from the patient's knee as directed by the physician's order accompanying the patient, but without having first obtained written instructions from the physical therapist, Respondent violated the rule above-quoted. By failure to find and follow the instructions on the chart for the patient treated June 11, 1985, the Respondent committed a more egregious error. No credible evidence was presented to the effect that these errors by Respondent were life threatening or serious to the patients.

It is Recommended that a Final Order be entered finding Respondent guilty of the violations alleged. It is further

Recommended that Respondent be issued a written admonition for failure to comply with the statutes and rules as alleged.

Entered this 21st day of December, 1987.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 21st day of December, 1987.

COPIES FURNISHED:

Julie Gallagher, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Irving I. Horowitz

1150 Summitt West Blvd., #38 Temple Terrace, Florida 33617

Irving I. Horowitz

7800 Northwest 37th Drive East Coral Springs, Florida 33065

William O'Neill, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 86-001170

Orders for Case No: 86-001170