Received Event (Event Succeeded) Date: 12/17/2004 Time: 10:51 AM Pages: 12 Duration: 3 min 0 sec Sender: Company: Fow Alimbar: Curhiant- DEC-17-2884 19:54 AHCA STATE OF FLORIDA BOARD OF PHYSICAL THERAPY PRACTICE DEPARTMENT OF HEALTH, Petitioner, vs. Case No. 2003-26901 ANTHONY ALFANO, j ; OY Yao Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, (hereinafter “Petitioner”) by and through its undersigned counsel and files its Administrative Complaint against Respondent, ANTHONY ALFANO, (hereinafter “Respondent”) and alleges: NATURE OF THE ACTION 1. This is an action to impose administrative penalties and assess costs related to the investigation and prosecution of the allegations against Respondent pursuant to Sections 456.072 and 486.125, Florida Statutes. JURISDICTION AND VENUE 2. This tribunal has jurisdiction pursuant to Sections 120.569 and 120.57, Florida Statutes. 3. Venue shall be determined pursuant to Rule 28-106.207, Florida Administrative Code. Received Event (Event Succeeded) Date: 12/47/2004 Time: 10:51 AM Pages: 12 Duration: 3 min 0 sec Sender: Company: Fay Numhar: Subiact- DEC~17-2804 10:54 AHCA PARTIES 4, Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of Physical therapy pursuant to Section 20.43, Florida Statutes, and Chapters 456 and 486, Florida Statutes. 5. At all times material hereto Respondent has been licensed as a physical therapist assistant, having been issued license number 19136 on. 6. Respondent's last known address is 1013 SW Bay State Rd. Port Lucie, FL. 34953 Cc TI 7. Respondent is employed by Dr. Bradford Slutsky, M.D. 8. Dr. Slutsky performed surgery on both of LB’s knees; the right knee on 9/20/01, the left on 11/29/01. 9. The patient was instructed to receive physical therapy and did receive therapy at Dr. Slutsky’s office. 10. Respondent provided physical therapy to patient LB on 9/20/02, 9/25/01, 9/26/01, 9/29/01, 11/30/01, 12/3/01, 12/4/01, 12/5/01, 12/10/01, 12,11/01, 11. A licensed physical therapy never evaluated or established the plan of care provided to patient LB by Respondent. 12. Respondent was the only person providing physical therapy to patient 1B and he was not supervised by a licensed physical therapist. Received Event (Event Succeeded) Date: 12/17/2004 Time: 10:51 AM Pages: 12 Duration: 3 min 0 sec Sender: Company: Foy Alimhar Cubiant- . DEC-17-2204 19:55 AHCA 13. Section 486.125(1)(j), Florida Statutes, provides that it is grounds for discipline to practice or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that she or her is not competent to perform... 14, Rule 64B17- 6.001(3)(5)(d), Florida Administrative Code, the physical therapist shall assume the responsibility for assessing the patient, identifying the level of acuity of illness, planning the patient's treatment program, and implementing and directing the program. 15. Rule 64B17-6.001(4)(a), Florida Administrative Code, provides that the physical therapist assistant shall not initiate or change treatment without the prior assessment and approval of the physica! therapist. 16. Sections 486.125(1)(k), Florida Statutes, provides that it is grounds for discipline to violate any provision of this chapter, chapter 456, or any rules adopted pursuant thereto. 17. Respondent is subject to discipline pursuant to Sections 486.125(1)(k)and 486,125(1)(j), Florida Statutes for violating Rules 64B17-6.001(4)(a) and 64B17- 6.001(3)(5)(d), Florida Administrative Code. COUNT II 18. Allegations 7-17 are re-alleged and incorporated herein by reference. 19, Respondent, terminated LB’s therapies two sessions short of the doctor's order. 20. Rule 64B17-6.001(4)(a), Florida Administrative Code, provides that the physical therapist assistant shall not initiate or change treatment without the prior 3 teceived Event (Event Succeeded) Date: 12/17/2004 Time: 10:51 AM Pages: 12 Duration: 3 min 0 sec Sender: Company: Foy Alumbhar: Suhiant- . DEC-17-2084 18:55 AYHCA assessment and approval of the physical therapist. 21. Sections 486.125(1)(k), Florida Statutes, provides that it is grounds for discipline to violate any provision of this chapter, chapter 456, or any rules adopted pursuant thereto. COUNT II 22. Allegations 7-21 are re-alleged and incorporated by reference herein. 23. Respondent was the sole provider of physical therapy to patient LB right after he underwent surgery. 24. Rule 4B17-6.001(4)(b), Florida Administrative Code, provides that during the delivery of physical therapy care to a patient who is an inpatient in a hospital, or who is in the acute phase of injury or illness, the physical therapist assistant shall not provide services to patient, unless the physicai therapist is readily and physically available to provide consultation. 25. Sections 486.125(1)(k), Florida Statutes, provides that it is grounds for discipline to violate any provision of this chapter, chapter 456, or any rules adopted pursuant thereto. 26. Respondent is subject to discipline pursuant to sections 486.125(1)(k), Florida Statutes for violating Rule 4B17-6.001(4)(b), Florida Administrative Code. CLAIM FOR RELIEF WHEREFORE, Petitioner respectfully requests the BOARD OF PHYSICAL THERAPY PRACTICE to enter an order imposing one or more of the following Received Event (Event Succeeded) Date: 12/17/2004 Time: 10:51 AM Pages: 12 Duration: 3 min 0 sec Sender: Company: Fow Albambar: Ciuhiant- DEC-17-2884 10:55 AHCA penalties pursuant to Section 456.072, Florida Statutes and Rule 64B17-7.001, Florida Administrative Code: a. Revocation or suspension of Respondent's license; b. Restriction of Respondent's practice; c. An administrative fine; d. A reprimand; e. Probation; f. Corrective action, including but not limited to Restitution where applicable; g. Refund of fees billed and collected from the patient or a third party on behalf of the patient; h. Requirement that the practitioner undergo remedial education; and/or i. Any other penalty the Board deems appropriate. Dated this i day of bed fosy- , 2004. Respectfully submitted, CHARLES J. CRIST, JR. Attorney General Magalis|Perez Assistant Attorney General Department of Legal Affairs 410 SE 6" Street, 9" Floor Fort Lauderdale, FL 33301 (954) 712-4600 Florida Bar Number: 0519952 pop. agek ok Bedle, DATE: 9/24) ot Received Event (Event Succeeded) Date: 12/17/2004 Time: 10:51 AM Pages 12 Duration: 3 min 0 sec Sender Company: Foy Alhambhar- Subiant DEC-17-2084 10:55 AHCA NOTICE OF HEARING RIGHTS AND ASSESSMENT OF COSTS RESPONDENT IS HEREBY NOTIFIED THAT HE/SHE HAS THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING PURSUANT TO SECTIONS 120.569 AND 420.57, FLORIDA STATUTES. SPECIFIC OPTIONS FOR ADMINISTRATIVE ACTION ARE SET OUT IN THE ATTACHED EXPLANATION OF RIGHTS. ALL REQUESTS FOR HEARING MUST BE MADE WITHIN 21 DAYS OF RECEIPT AND SENT TO MAGALIS PEREZ, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, 110 SE 6™ STREET, 9" FLOOR, FORT LAUDERDALE, FLORIDA 33301. RESPONDENT IS PLACED ON NOTICE THAT PETITIONER HAS INCURRED COSTS RELATED TO THE INVESTIGATION AND PROSECUTION OF THIS MATTER. PURSUANT TO SECTION 456,072(4), FLORIDA STATUTES, THE BOARD SHALL ASSESS COSTS RELATED TO THE INVESTIGATION AND PROSECUTION OF A DISCIPLINARY MATTER, WHICH MAY INCLUDE ATTORNEY HOURS AND COSTS, ON THE RESPONDENT IN ADDITION TO ANY OTHER DISCIPLINE IMPOSED. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy has been served by certified mail this bo day of chlor. 2004 to: ANTHONY ALFANO, 1013 SW Bay State Rd. Port Lucie, FL. 34953. ee

Docket for Case No: 04-004480PL