. . Q My f Ss Pry STATE OF FLORIDA ki. £) DEPARTMENT OF HEALTH 40, My Sin., 1 . EGS? 0 48 14 May . DEPARTMENT OF HEALTH, eset BUREAU OF EMERGENCY MEDICAL SERVICES, Petitioner, Oo Q- a7 Vb P, jE v. EMS CASE NO.: 99-070 JOEL F. BRIER, Respondent. oe / ade ADMINISTRATIVE COMPLAINT COMES NOW the Florida Department of Health, Bureau. of Emergency Medical Services, hereinafter “Petitioner” or “Department” and files this Administrative Complaint against Joel F. Brier, hereinafter “Respondent” or “Brier” and alleges the following: 1. Petitioner is a state government regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the state of Florida, in particular Chapter 401, Florida Statutes, and the Florida Administrative Code Rules promulgated pursuant thereto. 2. | Respondent Joel F.. Brier, is now and was at all times material to the “allegations herein, certified as an emergency medical technician (certification # JT 45344) in Florida. mpc U EMS Case No.: 99-070 , 3. At all times material to the allegations herein Respondent was employed as an. emergency medical technician by Palm Beach County Fire Rescue (PBCFR), located at 50 S. Military Trail, Suite 101, West Palm Beach, FL 33415-3198. 4. On or about August 26, 1999, Respondent responded to an emergency call for a drug overdose. | 5. On arrival at the emergency scene, Respondent noted that the patient was unconscious. . 6. While paramedic (PM) Pritchett attempted to secure an airway on the patient, Respondent tried to start an IV. line, 7, Respondent was unsuccessful in starting an I.V. line. 8. After PM Pritchett securdéthe patient’s airway he established an IV. line. 9. Respondent asked PM Pritchett if he wanted Respondent to administer Narcan, a controlled substance, into the 1.V. line going into the patient. 10. Respondent was instructed by PM Pritchett to administer the pre-measured dosage of Narcan into the I.V. line. | 11. \ Respondent administered the Narcan into the 1.V. line. 12. Asa result of this incident, Respondent and PM Pritchett were suspended by Palm Beach Fire Rescue for one shift (twenty-four hours). Coen an WY EMS Case No.: 99-070 ‘ COUNT I Based on the foregoing, Respondent is guilty of violating §401.411 ()(g), Fla. Stat. (1999), unprofessional conduct, including, but not limited to, any departure from or failure to conform to the minimal prevailing standards of acceptable practice as an “emergency medical technician, including undertaking activities that the emergency medical technician is not qualified by training or experience to perform, to-wit: attempting to start an I.V. line. | COUNT II I Based on the foregoing, Respondent is guilty of violating $401.41] Ow, Fla. Stat. (1999), unprofessional conduct, including, but not limited to, any departure from or failure to conform to the minimal ieévailing standards of acceptable practice as an emergency medical technician, including undertaking activities that the emergency medical technician is not qualified by training or experience to perform, “to-wit: administering Narcan, a controlled substance, into the I.V. line going into the patient which he is not authorized by law to administer. WHEREFORE, Petitioner respectfully requests the Department of Health to issue a Final Order as final agency action finding the Respondent guilty as charged and impose “an administrative fine not to exceed $1,000.00 per count, suspend Respondent’s emergency medical technician certification, or revoke Respondent’s emergency medical technician certification, as provided in § 401.411(7), Fla. Stat. (1999). : DOH, EMS v. Joel F. Brier ) i: . U Administrative Complaint “EMS Case No.: 99-070 SIGNED this mee ROBERT G. BROOKS, M.D. Secretary Florida Department of Health BY: Dino Villani, Department of Health Office of the General Counsel 4052 Bald Cypress Way, BIN #A02 Tallahassee, FL 32399-1703 =< (850) 245-4005; FAX (850) 413-8743 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing - Administrative Complaint has been furnished by certified U.S. Mail (receipt #Z 031 366. 316) fo Joel F. Brier, 8400 Myakka Court, Lake Worth, FL 33467 this _S~ day of 2000. Jane B. Myrick, Esquire : DOH, EMS v. Joel F. Brier WU oo ~ wv) Administrative Complaint . EMS Case No.: 99-070 4 WARNING TO RESPONDENT If you do not file an Election of Rights form or some other responsive pleading with the Petitioner within 21 days of receipt of this Administrative Complaint, the Petitioner will file with the Department of Health, a motion seeking a Final Order finding you in default and imposing penalties. Please see the enclosed Explanation of Rights and Election of Rights form.

Docket for Case No: 00-002776PL