NOU-G4-2RRea 15:12 AHA Now 4 2009 14:25 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2007-40202 BRIAN DUCHARME, H.A.S., RESPONDENT. _ ADMINIST RATIVE COMPLAIN T COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Hearing Aid Specialists against Respondent, Brian Ducharme, H.A.S., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of Hearing Aid Specialists pursuant to Saction 20.43, Florida Statutes; Chapter 456, Florida Statutes: and Chapter 484, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed Hearing Aid Specialist within the state of Florida, having been issued license number 1950. 3. Respondent's address of record is 11229 Madison Park Drive, Tampa, Florida 33625. 4. On or about March 27, 2007, Patient J.N. and B.N. responded to an offer for a free hearing check at the Amplifon Hearing Aid Center located in New Port Richey, Florida. 5. Patient's J.N. and B.N. both purchased hearing aids from Respondent. hoU-p4—2ene 15143 AHA Nov 4 2009 14:25 _ 6. On or about April 2, 2007, the hearing aids were delivered to J.N. and B.N- 7. On or about April 19, 2007, J.N. and B.N. sent the hearing aids along with a letter to the Amplifon Hearing Aid Center stating that they would like a full refund because they could not get the aids serviced near their home in Delaware. 8. Respondent has yet to honor a refund to Patient J.N. and B.N. 9. Section 484.056(1)(w), Florida Statutes (2007), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board of Hearing Aid Specialists. 10. Section 484.0512(1), Florida Statutes (2007), provides that a person selling a hearing aid in this state must provide the buyer with written notice of a 30-day trial period and money-back guarantee. The guarantee must permit the purchaser to cancel the purchase for a valid reason as defined by rule of the board within 30 days after receiving the hearing aid, by returning the hearing aid or mailing written notice of cancellation to the seller. 11. Respondent failed to honor Patient's J.N. and B.N.’s money-back guarantee after providing a valid reason to cancel the purchase within 30 days after receiving their hearing aids. 12. Based on the foregoing, Respondent has violated Section 484.056(1)(w), Florida Statutes (2007), violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto, by violating Section 484.0512(1), Florida Statutes (2007). DOH v Brian Ducharme Page 2 DOH Case Number 2007-40202 2:\PSU\Nursing\Walt\Hearing Aids\AC’s\AC_HearingAids_Refund_ Ducharmes.dac NOU-G4-2RRea 15:12 Nov 4 2009 14:26 AHCA PAG WHEREFORE, the Petitioner respectfully requests that the Board of Hearing Aid Specialists enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this_<-O __ day of 200°}. Aha M. Viamontg Rose, M.D., M.P.H. State Surgeon General DEPART OF HEALTH: SLERK: £2 Vd. £ DOH Prosecution Services Unit DATE - # 4052 Bald Cypress Way, Bin C-65 OF Tallahassee, Florida 32399-3265 Florida Bar Number 0037258 (850) 245 - 4640 Telephone (850) 245 - 4683 Facsimile . 7 /oF ool aad Le Wee [ | DOH v Brian Ducharme DOH Case Number 2007-40202 3:\PSU\Nursing\Walt\Hearing Aids\AC’s\AC_HearingAlds_Refund_DucharmeB.doc Page 3 Nov 4 2009 14:26 NOW-@4-2889 15:15 AHCA 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 represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested, NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related toe 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. DOH v Brian Ducharme Pagé 4 DOH Case Number 2007-40202 2:\PSU\Nursing\Walt\Hearing Alds\AC's\AC_HearingAlds_Refund_DucharmeB.doc

Docket for Case No: 09-006054PL