nn “FILED TE OF FLORIDA DEPARTMENT! OF HEALTH Ate oly 20 ies GEN SRaive| DEPARTMENT OF HEALTH, Petitioner, CASE NO. 97-16867 JOSEPH C. MILLER, COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner”, and files this Administrative Complaint before the Board of Optometry, bereinafter referred to as “the Board.” against JOSEPH C. MILLER, bcicinafter referred to as “Respondent”, and alleges: i. Effective July 1, 1997, Petitioner is the state agency charged with regulating the ‘practice of optometry, parsuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes, and Chapter 463, Florida Statutes. Pursuant to the authority of Section 20.43(3\(f), 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. 2. Respondent is, and has been at all times material hereto, a licensed Optometrist, license number CP 9000780. The Respondent’s address of record is P. O. Box 1646, Eustis, Florida 32727-1646. oe U 3. optical eatablishment that was owned and operated by oa unlicensed optician, David Sonya. - The facility was located at all material times hereto at 3112 N. Woodland Bouevad, Deen Lond 4, Respondent charged patients three dollars ($3) for conducting eye examinations and wrote the patients he examined prescriptions. | 5. On or about September 25, 1997, the front entrance to Brondywine Optical reid. “EYE EXAMS CONTACTLENSES DR.J. MILLER OPTOMETRIST 738-4663". 6. Respondent stated that he knew that Somerville painted iis name.on the front ; entrance to Brandywine Optical. 7. Respondent stated that he knew that Somerville was not a licensed optician. 8. Section 455.624, Florida Stat... .., states that (3) ‘The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken: _ & Aiding, assisting, procurines. crepleving, or advizing azy unlicensed perso entity to practice a profession contrary to this part, the chapter regulating the profession, or the rules of the department or the board. COUNTI 9. Petitioner realleges and incorporates as if fully stated herein, the allegations contained paragraphs one (1) through eight (8). 10. Based on the foregoing, the Respondentis in viola ‘on of Section 463.014(1Xa), Florida Statutes. be ‘Florida Statutes, through a violation of Section 455. cas, Florida Suton Pale ‘ 11. Petco mal ed lcs wif Aly ed Hin, pit contained paragraphs one (1) through eight (8). _ 12, Based upon the ein te Repti i Soin 3. onset os AN . 3.008, Florida Administrative Code. 13. Pettonerrelieget nd icoports asi fully sted ri, the lgations, oo contained paragraphs one (1) through eight (8). _ 14. Dect nine apni Sr a6 : ; Florida Statutes, through a violation of Section 455.624(1)0), Florida Statutes. / WHEREFORE, Petitioner respecttu.y requests the Board. of Optometry enter 2 2a'0 DER, imposing one or more of the following penalties: revocation or suspension of the Regondents license, restriction of the Respondent's practice, imposition of an administrative fine, isuance of ao reprimand, placement of the Respondent’ rege on probation fora prod of ine und mje terms and/or conditions, and/or any other relief that the Board deems appropriate. - ae COUNSEL FOR DEPARTMENT: Nency M. Snurkowski Chief Attorney Agency For Health Care Administration P.O. Box 14229 Faliahassee, FL 32317-4229 ph. (850) 487-9694 fax (850) 414-1991 NMS/snrp PCP: H. Braverman, M. Barber PCP DATE: January 20, 1998 hb Chief Attorney General Counsel’s Office - MQA Allied Health “FILED NTIOF HEALTH UTY. CLERK pare 4 - 90-FS. ate 2 . a

Docket for Case No: 00-003543PL