STATE OF FLORIDA DEPARTMENT OF HEALTH O1 JAN 31 AMI: 9 DEPARTMENT OF HEALTH, ADMINIS | ee HEAR Petitioner, vs. AHCA Case Number: 1999-54873_ QFOWN SPC HERBERT SMITH, JR., Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Orthotists and Prosthetists against HERBERT SMITH, JR., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of orthotics and prosthetics pursuant to Section 20.43, Florida Statutes, Chapter 456, Florida Statutes (formerly Chapter 455, Part II; see Chapter 2000-160, Laws of Florida), and Chapter 468, Part XIV, Florida Statutes. Pursuant to Section 20.43 (3)(g), Florida Statutes, the Department 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 provisional Orthotist-Prosthetist, licensed in the State of Florida, having been issued license number POR 81. 3. Respondent’s address of record is 617-D North Keene Road, Clearwater, Florida 33755. 4. On or about August 4, 1998, the Respondent was notified by the F lorida Board of Orthotists and Prothetists that the Board approved the issuance of a provisional Orthotist- Prosthetist license to the Respondent. ww) | wy) 5. To qualify for a provisional license, the Respondent must have received certification as an orthotist, prosthetist, or a prosthetist-orthotist from a national certifying body and have practiced orthotics or prosthetics in the State of Florida for at least 2 years but less than five years between July 1, 1990 and March 1, 1998, and pay an application fee. 6. On his application for provisional licensure, the Respondent submitted a letter signed by the Kevin Woolford, Office Manager of McCall’s Orthotic & Prosthetic Laboratory stating that the Respondent worked as a practitioner at the facility from 1993 until 1998 (except for the fourth quarter of 1994) asa practitioner. 7. The Respondent's father is the owner of McCall’s Orthotic & Prosthetic Laboratory. 8. The Respondent was not working as a full-time practitioner in 1993, 1994, 1995, or 1996; therefore, the Respondent did not satisfy the experience requirement for obtaining a provisional license. Based on the foregoing, the Respondent is subject to discipline for violation of Section 455.624(h), Florida Statutes (presently Section 456.072(h), Florida Statutes), by attempting to obtain or obtaining a license through fraudulent misrepresentation, bribery, or error of the department or Board. Wherefore, Petitioner respectfully requests the Board of Orthotists and Prosthetists to enter an order imposing one or more the following penalties: revocation or suspension of 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 relief which the Board deems appropriate. SIGNED this OAM say ot Miowdae v , 2000. Robert G. Brooks, M. D. Secretary, Department of Health By: Nancy M. Snurkowski Chief Attorney General Counsel’s Office -MQA Practitioner Regulation — Legal COUNSEL FOR PETITIONER Ny Deborah B. Loucks 4% Senior Attorney F i LE D uTH Florida Bar Number: 0169889 DEPARTMENT OF ia Agency for Health Care Administration pepury CLE ia General Counsel’s Office -MQA CLERK # ; al ne Practitioner Regulation — Legal / clue 2 Post Office Box 14229, Mail Stop #39 DATE. Tallahassee, Florida 32317-4229 (850) 487-9694 FOP aleilecs

Docket for Case No: 01-000445PL