Apr 2 2009 15:13 APR-He-2889 «14:68 AHCA“LEGAL MEDICAL Feb wo 2UU8 Tbrhb P.UA4 BO8 414 1989 P84 ‘eer ‘eet STATE OF FLORIDA # DEDARTMENT OF HEALTH a re we DEPARTMENT OF HEALTH, = PETITIONER, v. CASE NO, 2005-50213 GRAIG L. MARKS, P.T-A,, RESPONDENT. ADMINIGURATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this . | ia Corniplaint before the Board of Physical Therapy Practice agalnst "Respondent, Craig L, Marke, P7.A., and in support thereof alleges: 1, Petitioner 's the state department charged with regulating the practice of physical tharapy pursuant to Section: 20,43, Florida Statutes; Chapter 456, Florida " Statutes; and Chapter 486, Plorida Statutes. 2. At all times material to this Complaint, Respondent was a licangad physical ’ therapist assistant within the state of Florida, having been issued license number PTA 1731. 3, Respondent's address of record is 1302 Ginger Cirde, Ft. Lauderdale, Florida 33326, however Respondent is currently Incercerated in FG Miami, Federal Correctional Instintion, RO. Box.779800, Miam, rida 23177. 1 DOH v. craig L Marks, PTA: DOH Cam 'No, 2005-50: AAPEU\ Maden rN Physica “TrarayAMares, cong mt: 2005-50213 \05-50215 AL sormictad dor Apr 2 2009 15:14 APR-G2-2689 14:89 AHCA/LEGAL MEDICAL 856 414 1989 P.@S Feb 8B ZUUB Tbrbb P.O§ eee’ os wee! 4. Onor about March 4, 2004, an Indictment was issued against Respondent in Case No. 04-60062-CR-GRAHAM in the U.S. District Court for the Southern District of Florida, charging Respondent with one count of Conspiracy to Submit False Claims to the Government and forty (40) counts of Submitting False Claims to the Government (felonies) - 5. On or about July 27, 2004, a United States District Judge entered a Judgment in a Criminal Case In Case No, 04-60062-CR-GRAHAM adjudicating Respondent guilty of one count of Conspiracy to Submit False Geims to the Government and {wo counts of Submitting. False Claims to the Government. 6 Respondent was sentenced to twenty-four (24) months in the custody of the United States Bureau of Prisons. 7 Respondent demonstrated a jack of good moral character by his willingness to engage in the submitting of raise claims to the government B. Section 486,302(2), Florida Statutes (2003, 2004), requires ® physical ’ therapist assistant to be of good moral character. COUNT ONE 9. Petitioner reallagas and incorporates paragraphs ane (1) through eight (8) as if fully sat forth herein. 10. Section, 486.125(1)(c), Florida Smatutes (2003), provides being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of physical therapy or to the ability to. practice phyéical therapy constitutes noun for disciplinary action by the Board of Physical Therapy Practice, DOH y. Craig L. Mews, PTA; DOH Come No. 2005-50223 | FARRUNMedkanYNNElaa Firsicel Thargov\Marks, Craig PTA; 2005-0213\05 S023 AC convieted.dos: Apr 2 2009 15:14 APR-G2-2889 14:89 AHCA/LEGAL MEDICAL 856 414 1989 P.@6 Feb @ 2006 18:57 P, 08 i. necpondert ws convicted of one caunt of conastey to Submit False Claims to the Government and two counts of Submitting False Cains to the Government demonstrating a lack of good moral character which directly relates to Respondent's abilliy to practice as a physical therapist assistant, and constitutes 2 breach of the trust and confidence plaéad in him by the State of Florida 12, Baked on the foregoing, Respondent has violated Section 486 .125(1X¢), Florida Starts, (2003), by basing convicted or found guilty, regardless of adjudication, of a crime th pny jurisdiction which directly relates tothe practice of physical therapy or to the ability to practice physical therapy. | 13. Petitioner realeges and incorporates paragraphs one (1) through eight (8) as ff fully set forth herein. 14, Section 486.125(10), Flotida Stabutes (2003), provides that violating any provision. of chapter 486 or chapter 456 or any rules adopted pursuant thereto constitutes grounds for disciplinary action by the Board-of Physieal Therapy Practice, "45. Section 486,102(2), Florida Statutes (2003), requires a licensee to be of g00d moral character to be licensed as a physical therapist assistant. 16, Respondent was convicted of one count of Conspiracy to Submit False Claims te the Government and two counts of Submitting False Claims to the ~ Government damonstraing 1 leck of good moral character which diracHy relates to " Respondent's ability to practice as a physical therapist assistant, and constitutes braach of the trust and confidence placed in him by the Stat of Florida, 4. Crag L tarts, PTA: Oe Cam Wo. 2008 am SAPENMoneal orlitee alan scl Trapt, Crag PA: 2006-571 808 0223 A cnc Apr 2 2009 15:14 APR-G2-2889 14:69 AHCA/LEGAL MEDICAL 856 414 1989 Pa? Feb § 2006 15:57 P.O? ‘ee! Ne! 17, ‘Based on the foregoing, Respondent has violated Section 486.125(1)(k), Florida Statutes (2003), by violating Section 486.102(2), Florida Statutes (2003), which requires a licensee ta be of good Moral character to he licensed as a physical therapist assistant — ; WHEREFORE, Petitioner respectfully requests that the Board af Physical Therapy Practica enter an orcier imposing oné or more of the following penalties: permanent revocation or suspension of Respondent’s license, restriction of practice, imposition of Bn administrative fine, issuarice of a reprimand, placement of Respondent on probation, and/or any other rellef that ue ‘Board deems appropriate, SIGNED this » IE day of betta. 2005. M, Rony Frangols, M.D., M.S.P.H., R.Ph. Secretary, Department of Health CUB hia Mee ant Ganaral Couineal ‘OME 9 a4 ol DOH Prosecution Services Unit . 4052 Bald Cypress Way, Bin C-45 Tallahassee, FL 32399-3265 Florida Bar #:0394572 ‘ 850.410.0623/ 850.488.7723 FAX LAQP/sw Reviewed and approved bys RP _(intials) gas, (date) ‘PCP: September 27, 2005 PCP Mambere: Balser, Hughes and Menge DOH v, Grnlg l. Marks, P, Te) DOH Cae Ne, 2006-50215 2 \PSU\MenHCANLY HINES Prien! TharapyAMareg, Craig PTA; 2005-50213\05-50247 AC convicned.doc Apr 2 2009 15:15 APR-G2-2689 14:18 AHCA/LEGAL MEDICAL 856 414 1989 P.@8 Fao of /Hlilh Inthe PUB ‘meet , “ama NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be veprasenied by counsel or other qualified representative, to Present evidence ond-argument, to call and cross-exemine witnesses and to hove subpoena and subpoena dices tecum issued on his or her behalf if a hearing is . Fequested, : : NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has Incurred cost related to the investigation and prosecution of this matter. Pursuant to Section 456.172(4}, Florida Statutes, the Board shall eapess costs ralated to the investigation and prosecution of a disciplinary matter, which may Include attomey hourg and costs, on the Respondent in addition to any other discipline imposed. ; BOH v. Craig L Marks, PTA; DOM Case No. 2005-50213 . 5 DOM v. Crsig be Mitte, PLT.A; QOH Gree No. 2005-50815 J\BU\MacicaliLYNNMna Physical Therapy\Merks, Crag PTA; 2005-50213\05-50215 AG corwicted. doc

Docket for Case No: 09-001739PL