WU VU STATE OF FLORIDA Pie DEPARTMENT OF HEALTH. ee . 00 JAN 25 PH 3 33 DEPARTMENT OF HEALTH, Diy a : ADMINIS Tha Petitioner, HE ARI vs. _ CASE NO.: 99-50054 ESSAM ISMAIL, OO-CHUIG 2 Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Optometry against ESSAM ISMAIL, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of Optometry pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 463, Florida Statutes. 2. Pursuant to the authority of Section 20.43 (3)(g) Florida ; Statutes (Supp.1996), the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, YU U 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 hereto, a certified Optometrist, having been issued license number OP 0002529. 4. Respondent’s last known address is 334 Ist Street SE, Winter Haven, Florida 33880. 5. Respondent ran an advertisement in the December, 1998, edition of the Winter Haven-Lake Alford area GTE telephone directory, advertising free or discounted goods and services. 6. The above-noted advertisement did not contain the disclaimer statement required by Section 455.644, Florida Statutes. 7. Respondent moved from his official address and did not notify the Board of Optometry of an address change as required by 64B13-3.019, Florida Administrative Code. COUNT I 8. Petitioner realleges and incorporates the allegations contained in paragraphs one (1) through seven (7) above. 9. Based on the foregoing, the Respondent's license to practice as an optometrist in the State of Florida is subject to discipline pursuant to ew) QA Section 463.016( 1)(h), Florida Statutes, for violation or repeated violation of Chapter 463, Florida Statutes, Chapter 455, Florida Statutes, or any rule promulgated pursuant thereto, to vit for violating Section 455.644, Florida Statutes, for failure to include the required statement in an advertisement for free or discounted services or goods. COUNT II 10. Petitioner realleges and incorporates the allegations contained in paragraphs one (1) through seven (7) above. 11. Based on the foregoing, the Respondent's license to practice as_ an optometrist in the State of Florida is subject to discipline pursuant to Section 463.016(1)(h), Florida Statutes, for violation or repeated violation of Chapter 463, Florida Statutes, Chapter 455, Florida Statutes, or any rule promulgated pursuant thereto, to wit: for violating Rule 64B13-3.019, Florida Administrative Code, for failure to notify the board of a change of address. , mos COUNT III 12. Petitioner realleges and incorporates the allegations contained in paragraphs one (1) through seven (7) above. 13. Based on the foregoing, the Respondent's license to practice as YU Nw an optometrist in the State of Florida is subject to discipline pursuant to 7 Section 463.016(1)(f), Florida Statutes, and by violating Section 463.016(1)(h), Florida Statutes, by violating Rule 64B13-3.009(2)(b), Florida Administrative Code, for advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content. WHEREFORE, Petitioner respectfully requests the Board of Optometry to enter an order imposing one or more of the following penalties: department's refusal to certify an application for licensure, revocation or suspension of Respondent’s license, imposition of an administrative fine not to exceed $5000, issuance of a reprimand, placement of Respondent’s license on probation for a period of time and subject to terms and/or conditions, and/or any other relief that the board deems appropriate. ‘ ee YU Nw SIGNED this Ma day of wen, 1999, “Robert G. Brooks, M.D. Secretary, Department of Health _By Nancy Snurkowski, Chief Attorney Practitioner Regulation-Legal General Counsel’s Office-MQA James A. G. Davey, SJr., Senior Attorney Florida Bar Number 141717 Agency for Health Care Administration General Counsel’s Office-MQA Practitioner Regulation-Legal P.O. Box 14229 Tallahassee, Florida 32317-4229 (850) 487-9694 JAGD/sgw RE Te gE 10/20/99 FILED .. DEPARTMENT OF HEALTH . - EPUTY CLERK CLERK murQ, pate_ 1°?

Docket for Case No: 00-000416