WU YU STATE OF FLORIDA RECEIVED - LEGAL DEPARTMENT OF HEALTH nn wap 9 PH 4: 00 DEPARTMENT OF HEALTH, + Petitioner, Es z te Vs. CASENO: 99-5507 2 EE eA uw CARY F. FROUNFELTER, . Cee S EG ©. GE Respondent. G om o ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Orthotists and Prosthetists against CARY F. FROUNFELTER, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of Orthotists and Prosthetists pursuant to Section 20.43, Florida Statutes, Chapter 455, Florida Statutes; and Chapter 468, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(g), Florida Statutes, 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. 2. Respondent is, and has been at all times material hereto, a licensed Orthotist in the State of Florida, having been issued license number ORT 72. 3. Respondent’s last known address is 12878 98" Street North, Largo, Florida 33773. 4. On or about February 26, 1998, Respondent submitted an application for licensure as an Orthotist to the Florida Board of Orthotists and Prosthetists. 1 w 15. U VU Based on the’ information provided by the Respondent, both on the application and at the Board hearing at which his application was considered, the Board voted to approve his licensure as an Orthotist. Initially, the Respondent’s application for licensure was going to be denied because he did not have sufficient verified experience as an Orthotist. Pursuant to the investigation of this complaint, additional information relevant to the Respondent’s prior employment and work history has been discovered. While employed at J.E. Hanger in Ocala, Florida, the Respondent only worked as a technician, there was no mention of serving as a practitioner. The employment verification form submitted by the Respondent with his application from J.E. Hanger was not signed by his immediate supervisor, Raymond Farris, and did not identify or list any specific job responsibilities or duties. . That prior to the March I, 1998 deadline, the Respondent had less than one year of verifiable experience as an orthotist in the State of Florida. . In order to obtain a license as an orthotist pursuant to section 468.805, an applicant must have five years of experience as an orthotist in the State of Florida prior to March 1, 1998. The Respondent failed to fully disclose his experience and training when questioned by the Board. COUNTI . Petitioner alleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12). . Based on the foregoing, the Respondent has violated Section 468.81 1(1) (a), Florida Statutes, by attempting to procure a license by fraudulent misrepresentation. COUNT II Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12) above. 16. U U Based on the foregoing, the Respondent has violated Section 455.624 (1)(a), Florida Statutes, by making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession. COUNT Ul . Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12) above. . Based on the foregoing, the Respondent has violated Section 455.624(1)(m), Florida Statues by making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession . WHEREFORE, Petitioner respectfully requests the Board of Orthotists and Prosthetists to enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license; restriction of Respondent’s practice; imposition of an administrative fine; issuance of a reprimand; placement of the Respondent’s license on probation for a period of time and subject to terms and/or conditions, and/or any other and further relief that the Board deems appropriate. SIGNED this | “HA day or auc — 2000. Robert G. Brooks, M. D. Secretary, Department of Hegith By: Nancy M. Snurkowski Chief Attorney Genera! Counsel’s Office Practitioner Regulation-Legal LED COUNSEL FOR PETITIONER: Senin Atonoy ¥ , DEPARTMENT OF HEALTH Florida Bar Number 0169889 DEPUTY CLERK Agency for Health Care Administration CLERK Ushi R-Bluon Practitioner Regulation ~ Legal j Post Office Box 14229 pare (LI Tallahassee, Florida 32317-4229 (850) 487-9694 pee pale: aliejoe

Docket for Case No: 00-001411