WU os UW STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, eet ¢ OO-48SO ee, Petitioner, a “ vs. CASE NO.: 97-15883 DONALD CONLEY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Hearing Aid Specialists against DONALD CONLEY, hereinafter referred to as “Respondent,” and 1. Effective July 1, 1997, Petitioner is the state gency charged with regulating the practice of hearing aid specialists pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 484, Florida Statutes. 2. Pursuant to the authority of Section 20,43(3)(f), Florida Statutes (Supp. 1996), the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. 3. Respondent is, and has been at all times material Specialist, having been issued license number AS 0001006. hereto, a Hearing Aid Clearwater, Florida 34616. U a w) WU 4. Respondent’s last known address is 1541 Highland Avenue South, 5. On or about June 3, 1996, Complainant went to Conley’s Hearing Aid Care in Clearwater, Florida, and Respondent fitted her husband for a set of hearing aids. 6. Partial payment of Five Hundred Fifty dollars ($550.00) was made at that time. 7. Subsequently, on June 10, 1996, Complainant picked and paid the remaining balance of Five Hundred Fifty dollars ($550 up the hearing aids 00). At the time of delivery, Complainant’s husband remarked that the hearing aids didn’t fit right. Respondent indicated that the Complainant’s husband should wear th few days and that Respondent would make adjustments. e hearing aids for a 8. On or about June 12, 1996, Complainant’s husband returned to make the adjustments. 9. Complainant’s husband was then admitted to the hospital on or about June 18, 1996. Complainant notified Respondent and it was determined that the hearing aids would be delivered on June 27, 1996. 10. On June 26, 1996, Complainant’s husband died. Complainant alleges the hearing aids were never delivered. 11. Subsequently, Complainant contacted Respondent indicated the Complainant could possibly get a refund of Nin ($900.00). and Re&pondent e Hundred dollars 12. Subsequently, Complainant attempted to contact Respondent. These attempts were unsuccessful. U 4 U WW 13. Ata later date, Respondent indicated to Complainant that when someone dies, he throws the hearing aids away, and that he would not be giving Complainant a refund. COUNT I 14. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through thirteen (13) as if fully stated herein, and further alleges paragraph fifteen (15). 15. Based on the foregoing, the Respondent’s license to practice as a hearing aid specialist in the State of Florida is subject to discipline pursuant to Section 484.056(1)(h), Florida Statutes, by violating Section 484.052(1), Florida Statutes, by failing to permit the purchaser to cancel the purchase for a valid reason as defined by rule of the Board within thirty (30) days after receiving the hearing aid(s), by returning the hearing aid(s) or mailing written notice of cancellation to the seller. COUNT II 16. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through thirteen (13) as if fully stated herein, and further alleges paragraph seventeen (17). 17. Based on the foregoing, the Respondent’s license to practice as a hearing aid specialist in the State of Florida is subject to discipline pursuant to*Section 484.056(1)(g), Florida Statutes, by proof that the licensee is guilty of fraud or deceit, or of negligence, incompetency, or misconduct in the practice of dispensing hearing aids. U nn, | ad COUNT III | 18. _ Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through thirteen (13) as if fully stated herein, and further alleges paragraph nineteen (19). . 19. Based on the foregoing, the Respondents license to practice as a hearing aid specialist in the State of Florida is subject to discipline pursuant to Section 484.056(1)(h), Florida Statutes, by violating Section 484.047(3), Florida Statutes, by failing to notify the Board of any change of address. : WHEREFORE, Petitioner respectfully requests the Board of Hearing Aid Specialists enter an Order imposing one or more of the following penalties: suspension of license, imposition of an administrative fine not to ekceed $1,000 for each offense, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this loth day of DP (Oyloel —_, 1998. Douglas M. Cook Director By: ‘Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for F | L E D Health Care Administration “ ‘DEPARTMENT OF HEALTH EPUTY CLERK CLERK pptiohomeD, um pate_ fi? - 22-5 § UW U COUNSEL FOR AGENCY: Susan Branson Staff Attorney Agency for Health Care Administration General Counsel’s Office - MQA Allied Health P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 487-9694 SB/kmg PCP: glares, CYC (Gps

Docket for Case No: 00-001433

Orders for Case No: 00-001433