rena Si ii AN NNN ete een y STATE OF FLORIDA DEPARTMENT OF HEALTH BOARD OF HEARING AID SPEICIALISTS DEPARTMENT OF HEALTH, PETITIONER, . vs. . CASE NUMBER: AS1999-04086 TERRY HESS ELSWORTH, ~ O) / 3 AA ‘S RESPONDENT. ia ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Hearing Aid Specialists against TERRY HESS ELSWORTH, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of hearing aid dispensing pursuant to Section 20.43, Florida Statutes; Chapter 456, F lorida Statutes (Cormerly Chapter 455, Part II; see Chapter 2000- . _ 160, Laws of Florida); and Chapter 484, F lorida Statutes. Pursuant to the authority of Section 20. 43 (3)(g), Florida Statutes, the Petitioner has contracted with the Agency for we F . Health Care Administration. hereinafter Agency,” to provide consumer complaint, investigative and prosecutorial services required by the Division of Medical Quality. Assurance, councils, or boards, as aj 0 iat _Respondent i is, at all times material hereto a duly licensed Hearing Aid Specialist having been issued license number AS 0001873. by th the Board of Heating A Aid id Specials guaranto or’s name and address, 30 ‘day guarantee, and failing t to testi ina certified testing wy comer 3. Respondent’s last known address is 11281 5157 Ave North, Saint Petersberg, FL 33708. 4. Respondent sold hearing aids to Complainant (M.A.) on or about April 20, 1999, for $699, at the Vanco Hearing Center, in South Pasadena, FL. 5. Respondent failed to test M.A. in a certified testing room or obtain a written waiver as required by the Board of Hearing Aid Specialists. 6. Respondent failed to provide a sales receipt with the true guarantor’s name and address, as well as the 30 day statutory refund provisions including the “tolling provision” and the “achieve satisfaction from use standard” as required by the Board of Hearing Aid Specialists. | 7. Respondent falsely directed M.A. to address all complaints to the Department of Business and Professional Regulations (DBPR”) and not to the Agency for Health Care Administration. Further, Respondent falsely advised M.A. that the t - Ellsworth Hearing Aid Center was a Vanco office, thereby providing misleading r information to M.A. 8. Respondent falsely advised M. A. not to contact her HMO as that would raise e the purchase price of the hearing aids, when if fact it t would lower the price. oteasanees oa ES : Respondent's s conduct i is below the minimal acceptable standards tolerated . “COUNTI “10.7 _Pettone repeats and realleges paragraphs 1-9. te "Based on n the foregoing, by failing i in include a sales seco with the wok PAE ae (ror cnncran annette at BRM Atl RAN LE [Rte tre ere Qo gg Py, room or obtaining a written waiver, Respondent has violated Section 484.09, reppin Statutes, Section 484.0501(6), Florida Statutes, thereby violating Section gsi hogy, Florida Statutes. i COUNT I 12. Petitioner repeats and realleges paragraphs 1-9. 13. Based on the foregoing, by failing to direct his patient to DBPR for complaints, by falsely advising that the Ellsworth Hearing Center was the Vanco office, and by falsely advising that going to the patient’s HMO would result in a higher price for her hearing aid, Respondent has violated Section 484.056(1)(k), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Hearing Aid Specialist enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the © Respondent on probation, assess costs of investigation and prosecution and/or any other é relief that the Board deems appropriate. SIGNED this AUN day of Gault , 2001. Robert G. Brooks, MD. Secretary, Department of Health © DEPARTMENT OF HEALTH DEPUTY CLERK CLERK UNebi R, Kernen . DATE ad 25; oO; Nancy M. Snurkows see Chief Attorney <-.. Agency for Health Care ; Administration «cgay os COUNSEL FOR PETITIONER: rn) Rudolph C. Campbell, Senior Attorney - UL Agency for Health Care Administration : oe Practitioner Regulation - Legal : 2727 Mahan Drive, Bldg. #3, MS-39 Tallahassee, FL 32308 FBN 0159824 (850) 410-3465 PCP: Beolancs + Yordon DATE: 23-15 ~¢}

Docket for Case No: 01-003226PL