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DEPARTMENT OF HEALTH, BOARD OF OPTOMETRY vs KATIE SCHONECK, 01-003820PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-003820PL Visitors: 25
Petitioner: DEPARTMENT OF HEALTH, BOARD OF OPTOMETRY
Respondent: KATIE SCHONECK
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Clearwater, Florida
Filed: Sep. 28, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 10, 2001.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA DEPARTMENT OF HEALTH 4a DEPARTMENT OF HEALTH, BOARD OF OPTOMETRY, Petitioner, vs. Case Number: 1999-62281 KATIE SCHONECK, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Optometry against KATIE SCHONECK, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of optometry 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 463, 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 certified Optometrist, licensed in the State of Florida, having been issued license number OP 3169. 3. Respondent’s last known address is 27001 US 19 North, Suite 1069, Clearwater, Florida 33761. 4, On or about October 18, 1997 , Patient LW presented for a complete eye examination at Vision 21. 5. The Respondent was working a$:ap:optomettist at tlie!sfore and examined patient LW. ne ive 6. At the October 1997 appointment, Patient LW complained of floaters and decreasing vision. During the course of the October 1997 examination, the Respondent failed to document in patient LW’s type the type of floaters that were present. 7. During the course of the October 1997 examination, the Respondent either failed to perform a complete external examination or if performed, the Respondent failed to note the results of the external examination in patient LW’s records. 8. During the course of the October 1997 examination, the Respondent either failed to perform an internal examination or if performed, the Respondent failed to note the results of the internal examination in patient LW’s records. 9. The Board of Optometry has promulgated rule 64B13-3.007, Florida Administrative Code, setting forth the minimum procedures for a vision analysis. Section 64B13-3.007(2), FAC states: . ' An examination for vision analysis shall include the following minimum procedures, which shall be recorded on the patient’s case record: (a) Patient’s history (personal and family medical history, personal and family ocular history, and chief complaint; (b) Visual acuity (unaided with present correction); (c) External examination; (d) Pupillary examination; (e) __ Visual field testing (confrontation or other); é Internal examination (direct or indirect ophthalmoscopy recording cup disc ratio, blood vessel status and any abnormalities); (g) Biomicroscopy (binocular or monocular); (h) Tonometry; (i) Refraction (with recorded visual acuity); Gg) Extra ocular muscle balance assessment; & Other tests and procedures that my be indicated by case history or objective signs and symptoms discovered during the eye examination; r¢)) Diagnosis and treatment plan. Based on the foregoing, the Respondent is subject to discipline for violation of: Section 463.016(1)(h), Florida Statutes, through repeated violation of Rule 64B13-3.007, Florida Administrative Code, by failing to perform or record: an internal eye examination and an external eye examination. 2 WHEREFORE, Petitioner respectfully requests the Board of Optometry to oan e 4, imposing one or more of the following penalties: revocation or suspension of respond i i restriction of Respondent’s practice; imposition of an administrative fine; issuance of a el 7, & 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 Gt n day of ( vn Yar \ , 2001. Robert G. Brooks, M. D. Secretary, Department of Health : FILED : CLERK , By: Nancy M. Snurkowski Chief Attorney DATE evor General Counsel’s Office - MQA ) — eet Practitioner Regulation — Legal COUNSEL FOR PETITIONER: Deborah B. Loucks 3 Senior Attorney Florida Attorney Number: 0169889 Agency for Health Care Administration Practitioner Regulation — Legal Post Office Box 14229 | Tallahassee, Florida 32317-4229 (850) 487-9694 pes Preemie A RCs c\Alc, >) Aw

Docket for Case No: 01-003820PL
Issue Date Proceedings
Dec. 10, 2001 Order Closing File issued. CASE CLOSED.
Dec. 07, 2001 Petitioner`s Motion to Relinquish Jurisdiction (filed via facsimile).
Nov. 27, 2001 Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by January 8, 2002).
Nov. 19, 2001 Respondent`s Motion for Continuance and/or Abeyance of Final Hearing (filed via facsimile).
Oct. 12, 2001 Notice of Hearing issued (hearing set for December 5, 2001; 9:00 a.m.; Clearwater, FL).
Oct. 12, 2001 Order of Pre-hearing Instructions issued.
Oct. 10, 2001 Respondent`s Notice of Appearance and Response to Initial Order (filed via facsimile).
Oct. 08, 2001 Unilateral Response to Initial Order (filed by Petitioner via facsimile).
Oct. 01, 2001 Initial Order issued.
Sep. 28, 2001 Administrative Complaint filed.
Sep. 28, 2001 Election of Rights filed.
Sep. 28, 2001 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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