__ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vs. CASE NO. 98-13583 ENRIQUE RUEDA-ARGUELLO Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and fi les this Administrative Complaint before the Board of Clinical Laboratory Personnel, against the Respondent, ENRIQUE RUEDA-ARGUELLO, and in support thereof would state: 1. Petitioner is the state agency charged with regulating the practice of Clinical Laboratory Personnel, pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 483, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as the "Agency," to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils or board, as appropriate, including the issuance of emergency orders of suspension or restriction. 3. Respondent has been at all times pertinent hereto, a duly licensed Clinical Laboratory Supervisor, pursuant to Chapter 483, Florida Statutes, having been issued license number JC 0028987. 4. Respondent's last known address is 9409 Fountainbleau Boulevard, Miami, Florida 33172 5. Atall times material to the allegations contained in this Complaint, the Respondent was the Clinical Laboratory Supervisor for Medical Lab Corp. d/b/a Medical Test Corporation, located at 477 NW 27th Avenue, Miami Florida 33125. 6. An on-site inspection on May 18, 1998 by ACHA Surveyors of the Laboratory supervised by the Respondent revealed evidence of erroneous or false patient results being reported by the laboratory. Among the deficiencies discovered by Petitioner's Investigators were: a. False tests results being sent to physicians when no result could properly be obtained since documentation showed reagents either not available or not used b. Multiple incidents were discovered where Potassium Panic level results, each of which was potentially life-threatening, were sent out to the ordering physician with a normal value c. Life threatening results were not documented as being immediately reported to the ordering physician d. Numerous test results were reported incorrectly e. Machine tape answers differ from actual results reported to physicians f. A review of chemistry quality control records failed to document which personnel performed tests g. HIV test results were not handled in a confidential manner to protect the identity of the person(s) who had the HIV test performed. h. Maintenance and function tests were not properly conducted i, No adequate system existed in the laboratory to verify the accuracy of test results ww 1) 7. Asa direct and proximate result of the foregoing, an emergency Order Suspending the License of the Laboratory was issued by the Director of the Agency for Health Care Administration on May 26, 1998, citing not less than nine (9) categories of violations. 8. The conduct of the Respondent as aforesaid is contrary to the provisions contained in: Sections 64B3-13.002, Florida Administrative Code, by failing to fulfill the specified duties and responsibilities of a Clinical Laboratory Supervisor, and ; Section 483.825(7), Florida Statutes, by violating, or aiding and / or abetting in the violation of the Rules specified above. WHEREFORE, Petitioner respectfully requests the Board of Clinical Laboratory Personnel to enter an Order imposing one or more of the penalties proscribed by law, together with any other and further relief deemed just under the circumstances. SIGNED this] (haay of Cn Yo 1999. Robert G. Brooks, M.D. Secretary, Department of Health Chief Attorney On Behalf of the Agency for Health Care Administration Fi LED COUNSEL FOR AGENCY: DEPARTMENT OF HEALTH EPUTY “i.ERK Lawrence F. Kranert, Jr. cucrugl i shan, uw Senior Attorney DATE -L0-DY Florida Bar No. 0171063 A 2 Agency for Health Care Administration General Counsel's Office - MQA Allied Health P.O. Box 14229, ; Tallahassee, Florida 32317-4229 (850) 487-2225 ae | . poy _, LOURDES SOTO co ATTORNEY AT LAW fa be 161 WASHINGTON AVENUE SUITE 200 O By 7 MIAMI BEACH, FLORIDA 33139 co HAR | iF PH {Ps q5 TELEPHONE: (305) 532-9074 . FACSIMILE: (305) 532-9218 . March 8, 2000 VIA AIRBORNE EXPRESS: Lawrence F. Kranert, Jr. Esq. Agency for Health Care Administration P.O. Box 14229 Tallahassee, Florida 32317-4229 RE: CASE # JC 98-135831 ENRIQUE RUEDA ARGUELLO Dear Mr. Kranert: Enclosed please find an executed Election of Rights. In the future, please forward any correspondence concerning this case to this office. Sincerely, og Prd too Liz Anderson Paralegal for Lourdes Soto, Esq. GO:ZiHd 01 WOO woa1- 03A13 038

Docket for Case No: 00-001145