__ STATE OF FLORIDA 0 “&p DEPARTMENT OF HEALTH & BUREAU OF EMERGENCY MEDICAL SERVICES; ,/7,,, “° 4 Qa N19, Ns DEPARTMENT OF HEALTH &- 1062 PY HGSiglon %2 » Hx-10 SMU Petitioner, oa S vs. Case No. 2006-41482 | CHRISTOPHER C. BARNES, Respondent. —/ ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, (hereinafter “Petitioner”) by and through its undersigned attorneys and files its Administrative Complaint against Respondent, CHRISTOPHER C. BARNES, (hereinafter “Respondent’) and alleges: 1. Petitioner is the state agency charged with regulating emergency medical services pursuant to Section 20.43, Florida Statutes, and Chapters 120 and 401, Florida Statutes. 2. At all times material hereto Respondent has been licensed as a EMT, having been issued license number EMT 73156. F.\Users\ADMIN\Reginald Dixon\EMS Prosecutions\ACs\Individuals\Barnes.06~-41482-+uds.CS.&.Unprof,Cond.doc 1 Exhibit “B” 3. Respondent's address of record is 360 Avenida Del Sol, Indialantic, Florida 32903. | COUNT I 4. — Petitioner re-alleges the allegations of fact set forth in paragraphs one (1) through three (3) as if fully stated herein. 5. On or about September 14, 2005, Respondent was employed by Cocoa Beach Fire Department 6. On or about September 14, 2005, Respondent's employer requested that Respondent submit to a random drug screen, 7. Respondent's urine drug screen returned positive formarijuana. 8. Marijuana is a controlled substance under Chapter 893, Florida Statutes. 9. Section 401.411(1)(d), Florida Statutes, provides that engaging in or attempting to engage in the possession, except in the legitimate duties under the supervision of a licensed physician, or the sale or distribution of any controlled substance as set forth in Chapter 893, constitutes grounds for disciplinary action by the Bureau of Emergency Medical Services. 10. Respondent engaged or attempted to engage in the possession of the controlled substance marijuana as evidenced by his positive drug test F:\Users\ADMIN\Reginald Dixon\EMS Prosecutions\ACs\Individuais\Barnes.06-41482+uds.CS.&.Unprof.Cond.doc 2 results for marijuana, while not acting in the course of his legitimate duties as an EMT/PARAMEDIC and not acting under the supervision of a licensed physician. 11. Based on the foregoing, Respondent has violated Section 401.411(1)(d), Florida Statutes, by engaging in or attempting to engage in the possession, except in the legitimate duties under the supervision of a licensed physician, or the sale or distribution of any controlled substance as set forth in Chapter 893. COUNT II 12. Petitioner re-alieges the allegations of fact set forth in paragraphs one (1) through three (3) and five (5) through ten (10) as if fully stated herein. 13. Section 401.411(1)(g), Florida Statutes, provides that unprofessional conduct, including, but not limited to, any departure from or failure to conform to the minimal prevailing standards of acceptable practice as an emergency medical technician or paramedic, including undertaking activities that the emergency medical technician or paramedic is not qualified by training or experience to perform, constitutes grounds for disciplinary action by the Bureau of Emergency Medical Services. F:\Users\ADMIN\Reginald Dixon\EMS Prosecutions\ACs\Individuals\Barnes.06-41482-+uds.CS.&.Unprof.Cond.doc 3 14, Respondent committed unprofessional conduct, including departure from or failure to conform to the minimal prevailing standards of acceptable practice as an EMT/PARAMEDIC by engaging or attempting to engage in the possession of marijuana, while not acting in the course of his legitimate duties as an EMT/PARAMEDIC and not acting under the supervision of a licensed physician. 15. Based on the foregoing, Respondent has violated Section 401.411(1)(g), Florida Statutes, by committing unprofessional conduct by departing from or failing to conform to the minimal prevailing standards of acceptable practice as an EMT/Paramedic. CLAIM FOR RELIEF WHEREFORE, Petitioner respectfully requests the Bureau of Emergency — Medical Services to enter an order imposing one or more of the following penaities upon Respondent pursuant to Section 401.411( 1), Florida Statutes: a. Revocation or suspension of Respondent's license; b. Restriction of Respondent's practice; c. An administrative fine; d. = A reprimand; €. Probation; and/or F:\Users\ADMIN\Reginald Dixon\EMS Prosecuitions\ACs\Individuals\Barnes.06-4 1482 +uds.CS.&.Unprof.Cond.doc 4 f. Any other penaity the Bureau deems appropriate. jt. flA () itie Dated this. 24! day of , 200{ Respectfully submitted, BILL MCCOLLUM FILED Assistant Attorney General ARTMENT OF HEALTH Department of Legal Affairs DEF DEPUTY CLERK PL-01 The Capitol CLERK: Ro Ou ll A Tallahassee, Florida 32399-1050 pate 2 Dr (850) 414-3300 PCP: Pippin, Hines & Lewis DATE: March 19, 2007 NOTICE OF HEARING RIGHTS RESPONDENT IS HEREBY NOTIFIED THAT HE/SHE HAS THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING PURSUANT TO SECTIONS 120.569 AND 120.57, 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 REGINALD D. DIXON, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, PL-01 THE CAPIT OL, TALLAHASSEE, FLORIDA 32399-1050. F:\Users\ADMIN\Reginald Dixon\EMS Prosecutions\ACs\individuals\Barnes.06-41482+uds.CS.&.Unprof.Cond.doc 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy has been served by certified mail this _!e “day of , 200] to: CHRISTOPHER C.. BARNES, 360 Avenida Del Sol, Indialantic, Florida 32903 and Joseph Egan, Jr., 231 E. Colonial Drive, Orlando, Florida 328022231. F:\Users\ADMIN\Reginald Dixon\EMS Prosecutions\ACs\Individuals\Barnes.06-41482 +uds.CS.&.Unprof.Cond.doc 6

Docket for Case No: 08-001062PL