STATE OF FLORIDA, DEPARTMENT OF HEALTH, BUREAU OF RADIATION CONTROL, Pett ene VS... oe a _ a CASE NO: @2-27644: _ 03-9139 pL JUANA M. CARBONELL, eee “Respondent.-~~ _ ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that twenty-one (21) days from the receipt of this Complaint, Petitioner, State of Florida, Department of Health, Bureau of Radiation Control (hereinafter "Department'") intends to impose the following administrative action against the Respondent, Juana M. Carbonell, (hereinafter "Respondent") as authorized by section 468.3101, Florida Statute (F.S.): Indefinitely suspend the Respondent's General Radiographer certificate #27614 until the Respondent's registration from the American Registry of Radiologic Technologists has been fully reinstated witnout restriction; pay an administrative fine in the amount of $125.00. Tae Respondent's certificate will remain indefinitely suspended until the above terms and conditions have been satisfied and the Department is confident that the Respondent is fit to practice radiologic technology with reasonable skill and safety to patients. As grounds therefore, the Department states the following: 1. The Department has jurisdiction over the Respondent by virtue of the provisions of Chapter 468, Part lV, Florida Statutes (F.S.). 2. On June 6, 1994, the Respondent was initially certified as a General Radiographer by the Department, under certificate #27614. wurz-3..... The-Respondent.is presently certified to.perform.tadiologic technology -x:=-ss—===: procedures inthe state of Florida. _ - oo 4, The American Registry of Radiologic Technologists (ARRT) is the national ~-certification and credentialing organization for radiologic technologists; recognized by many states as establishing state and national eligibility standards, administering examinations, and certifying and registering radiologic technologists who meet specific ethical and professional practice requirements. 5. In August of 1994, the ARRT initially certified and registered the Respondent to perform radiologic technology procedures, under certificate #300700. 6. The Respondent was informed by the ARRT of their decision to revoke the Respondent's registration in a letter mailed on July 25, 2001. 7. Respondent's ARRT registration revocation was effective on August 25, 2001. 8. On April 26, 2002, the ARRT informed the Department that the Respondent's registration had been revoked. The ARRT revoked the Respondent's registration because the Respondent misled the ARRT as to continuing education (CE) for reinstatement (renewal) of the Respondents ARRT registration. The Respondent had provided to the ARRT invalid CE certificates from a Florida provider. The Respondent did not attend these CE courses during the required renewal period. 9. On April 29, 2002, the Department received from the ARRT a disciplinary case. 7 summary of the complaint against the Respondent including an outline of the allegation, supporting documentation, exhibits and attachments. 10. On August 28, 2002, the Department mailed a certified letter to the Respondent requesting a written explanation within (14) fourteen days of the above-described events. sree of fo On September 9-2002,the ‘department received-a-letter-from the Respondent ———~ responding to the above-described incident. The Respondent's letter stated the Respondent denied any fraudulent activity regarding CE certificates or courses submitted to the ARRT for certificate renewal purposes. 42. The Respondent did not inform the Department of his ARRT revocation until after the Department's inquiry. The period between August 25, 2001 and September 9, 2002 was concealment. 43. | The Respondent violated the provisions of section 468.3101 (1)(b), F.S.. by having the Respondent's ARRT certificate revoked. 14, | The Respondent violated the provision of section 468.311(7), F.S., by failing to inform the Department of the revocation of the Respondent's ARRT certificate. 45: The Respondent violated the provision of section 64E-3.011(1)(b), F.A.C., by ‘failing to inform the Department of the revocation of the Respondent's ARRT certificate. 16. The Respondent violated the provisions of section 468.3101 (1)(h), F.S., by failing to inform the Department of any person who the Respondent knows is in violation of this part or of the rules of the Department, 17. — In committing the actions described i in 1 paragraphs "g", "7 "8", and "12," the Respondent violated the provisions of section 468.3101 (1)(f), F.S., by engaging in unprofessional conduct, which includes but is not limited to, any departure from or the failure to conform to, the ‘standards of practice of radiologic > technology a: as established b by the Department it in which c case actual injury need not be established. —18.— ~The violations listed: in paragraph- 43"are- grounds” for the: suspension-ot the Respondent's General Radiographer certificate #27614 until the Respondent's ARRT certification as a radiologic technologist has been reinstated without restriction by the ARRT, pursuant to sections 468.3101 (2)(b) and (3), F.S. 19. The violations listed in paragraph "14" are grounds for the suspension of the Respondent's General Radiographer certificate #27614 until the Respondent's ARRT certification as a radiologic technologist has been reinstated without restriction by the ARRT, pursuant to section 468.3101 (2)(b) and (3), F.S. 20. The violations listed in paragraph "15" are grounds for the suspension of the Respondent's General Radiographer certificate #27614 until the Respondent's ARRT certification as a radiologic technologist has been reinstated without restriction by the ARRT, pursuant to section 468.3101 (2)(b) and (3), F.S. 21. The violations listed in paragraph "16" are grounds for imposition of an administrative fine of $125.00 payable by the Respondent to the Department, pursuant to section 468.3101 (2)(b), F.S. Wherefore, the Department respectfully demands that the Respondent immediately cease and desist from practicing radiologic technology and return to the Department all 4 General Radiographer certificates bearing the Respondent's na name. The Department _ respectfully demands that the Respondent's certificate #27614 be suspended until the _Respondent § satisfies all the conditions and terms listed above and the e Deparment 's is satisfied YD co fo William A. Passetti, Chief Buréau of Radiation Control CERTIFICATE OF SERVICE ] HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by U. S. CERTIFIED MAIL, # 7002 2030 0002 5965 6265 RETURN RECEIPT REQUESTED to Juana M. Carbonell, 3890 W 9" Court, Hialeah, FL 33012 this__-_ 25 day of Meg 2003. 01-086 AC-UPC rm is nw api 44202 §/21/2003 NOTICE OF RIGHTS A party whose substantial interest is affected by this order may petition for an must be received by Sam Power the Agency Clerk for the Department, within twenty-one (21) a Hot the facet ofthis-ofder “The addioss ofthe Agendy Gers 40s Bald Cypress Way, BIN # A02, Tallahassee, Florida 32399-1703. The Agency Clerk's facsimile number is 850-410-1448. A copy of the petition should also be sent to Attn: William A. Passetti, Bureau of Radiation Control, 4052 Bald Cypress Way, BIN # C21, Tallahassee, FL 32399-1741. Mediation is not available as an alternative remedy. Your failure to submit a petition for hearing within twenty-one (21) days from receipt of this order will constitute a waiver of your right to an administrative hearing, and this order shall become a "final order”. Shou'd this order become a final order, a party who is adversely affected by it is entitled to judicial review pursuant to Section 120.68, F.S. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings may be commenced by filing one copy of a Notice of Appeal with the Agency Clerk of the Department of Health and a second copy, accompanied by the filing fees required by law, with the Court of Appeal in the appropriate District Court. The notice must be filed within thirty (30) days of rendition of the final order. UNITED STATES POSTAL SERVICE USPS l Permit No. G-10 First-Class Mait | | , Postage & Fees Paid Hl ° feadadéersao™ your name, address, and ZIP+4 in this box ° JAMES A. FUTCH (aw) DEPARTMENT OF HEALTH. BUREAU OF RADIATION CONTROL RECEIVE RADIOLOGIC TECHNOLOGY PROGRAM 4052 BALD CYPRESS WAY JUN 04 2003 8 BIN C21 B of Radiation Control TALLAHASSEE, FL 32399-1741 Radielogis Technology Progr Laval dadaalstaoslasl or Vadhaddh “U.S. Postal Servicer CERTIFIED MAIL... RECEIPT {Domestic Mait Only; No Insurance Coverage Provided) — cbs For delivery Information visit our website at www.usps.coms OFRFICILAL USE Postage | $ Certified Fee cenit acetran “to Restricted Delivery Fee {Endorsement Required) 01-086 scamara = 27614 JUANA M. CARBONELL 33800 W9™'CoURT cee @ HIALEAH,PL3301200 snereree ?700e¢ 2030 0002 54565 & Ps Foti 3800, Jun 2002 “Baw Ravétad for thetflotighs ® Compiete items 1, 2, and 3. Aiso compicte item 4 if Restricted Delivery is desired. @ Print your name and address on the reverse ane so that we can return the card to you. ™ Attach this card to the back of the mailpiece, or on the front if space permits. O Agent A (] Addressee aiiaresk, diffeent from item 1? J Yes \f YES,;“enter delivery address below: ONo r , 4. Article Addressed to: 01-086 acarausn 21614 JUANA M. CARBONELL 3890 W 9" COURT HIALEAH, FL 33012 3. Service Type O Gertified Mail 0) Express Mail O Registered CO Return Receipt for Merchandise O insured Mail —_C C.0.0. 4. Restricted Delivery? (Extra Fee) 2. Article Number (C2PY. 2002 2030 0002 55b5 bebS ee PS Form 3811, July 1999 Domestic Return Receipt 402595-99-M-1769

Docket for Case No: 03-002732PL