MAR-18-2618 14:23 AHCA Mar 18 2010 11:32 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2007-07950 MARK BOWLIN, OFA, | RESPONDENT. a ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Orthotists and Prosthetists against Respondent, Mark Bowlin, OFA, and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice. of orthotics and prosthetics pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes, and Chapter 468, Part XIV, Florida Statutes. a _ 2. At all times material to this Complaint, Respondent was a licensed Orthotic Fitter Assistant within the state of Florida, having been issued license number OFA 86. WOR-B-2R1A 11:23 auca Mar 18 2010 11:33 3. Respondent’s address of record is 7304 Della Drive, Orlando, Florida 32819. | 4 Jn or about March 2007, Patitioner obtained a copy of te Respondant’s business card from an anonymous Source py facsimile. Respondent's business card listed the name of Respondent's empioyer, and listed Respondent's name and designation as “Mark Bowlin, CFo” On the line underneath Respondent's name and designation, Respondent's business card listed his title as “Orthotic Consultant/Orthotic Fitter.” On or about March 17, 2007, Respondent himself faxed Petitioner 3 copy of his business card that exactly matched the copy Petitioner had received from the anonymous source. Petitioner later obtained an actual business card from Respondent's employer that matched both copies previously received by facsimile, 5. Onor about October 14, 2008, Patitioner obtained a new copy of Respondent's business card from his employer’s attorney by facsimile. The card still listed. the. name of Respondent's employer, and again listed Respondent's name and designation as “Mark Bowlin, CFo”. On the line underneath Respondent's name and designation, Respondent’s new business card listed his title as “Orthotic Consultant/OFA #86”. MAR-18-2618 11:24 AHCA 6. Mar 18 2010 11:33 Section 468.80(10), Florida Statutes, defines an “Orthotist” as a person licensed to practice orthotics pursuant to this chapter. 7 att Saction 468.80(9), Florida Statutes, defines “Orthotics” as: [T]he practice of avaluating, treatment formuiating, measuring, designing, fabricating, assembling, fitting, adjusting, servicing, or providing the initial training necessary to accomplish the fitting of an orthosis or pedorthic device. Saction 468.80(6), Florida Statutes, defines an "Orthosis” as: [Alny medical device used to provide support, correction, OF alieviation of neuromuscuiar or musculoskeletal dysfunction, disease, injury, or deformity but does not indude the following assistive technology devices: upper extremity adaptive equipment used to facilitate -the activities of daily itving, including specialized utensils, combs, and brushes; finger splints; wheeichair seating and equipment that is an integral part of the wheelchair and not worn by the patient; elastic abdominal supports that do not have metal or plastic reinforcing stays; nontherapeutic arch supports; nontherapeutic — accommodative inlays and nontherapeutic accommodative - footwear, regardiess of method of manufacture; unmodified, over-the-counter nontherapeutic shoes, prefabricated nontherapeutic foot care products, durable medical equipment such as canes, crutches, or walkers; dental appliances; or devices implanted into the body by a physician. For purposes of this subsection, "accommodative" means designed with the primary goal of conforming. to the individual's anatomy, "inlay" means any removable material upon which the foot directly rests inside the shoe and which may be an integral design component of the shoe, and "musculaskeletal” and "neuromuscular" mean the systems of the body providing support and movement and include the skeletal, muscular, circulatory, nervous, and integumentary systems. MAR-18-2618 11:24 AHCA 9. as: 10. Mar 18 2010 11:33 Section 468.80(7), Florida Statutes, defines an “Orthotic Fitter" fA] person who !s licensed to practice orthotics whose scope of practice is limited to fitting prefabricated cervical orthneses not requiring more than minor modification and not used for the treatment of cervical fractures or disiocations; custom-made and prefabricated compression garments; Twsses; CUSTOM molded and noncustom diabetic therapeutic footwear, prefabricated corset or frame-type spinal orthases, except for those used in the treatment of vertebral fractures or scoliosis, rigid body jackets made of thermoformable materials, and "halo" devices; and prefabricated orthoses of the upper and lower extremities, except for those used in the treatment of bone fractures and open diabetic uicers. Section 468.80(8), Floriaa Statutes, defines an "Orthotic Fitter Assistant™ as: 11. [A] person who is licensed to practice orthotics whose scope of practice is limited to fitting, without modification, prefabricated soft cervical orthoses not used for the treatment of cervical fractures or dislocations; prefabricated soft spinal supports not used for treatment of vertebral fractures, prefabricated compression garments; trusses, and soft prefabricated orthoses for the upper and lower extremities not used in the treatment of bone fractures and open diabetic ulcers. The designation “CFo” indicates an individual has registered with the American Board for Certification in Orthotics, Prosthetics & Padorthics (ABC) as a “Certified Fitter of Orthotics”; however, this designation is not recognized in the state of Florida by the Board of MOR-LG-2R1a 11t24 auca Mar 18 2010 11:34 Orthotists and Prosthetists. Respondent's use of the designation is misieading to the general public since he is only ficensed in the state of Fiorida as an orthotic fitter assisrant. 12. The term “Orthotic Consultant” is a term of art created by the Respondent and/or his employer. By using tne term “Orthotic Consuizant” . in connection with only the initials of his Fiorida license, OFA, Respondent has downplayed his status as an orthotic fitter assistant and/or misied the public to believe he can provide services which exceed the scope of his Florida license. COUNT ONE 13. Petitioner realieges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 14. Section 468.811(1)(e), Florida Statutes (2006-2008), provides that advertising goods or services in a fraudulent, false, deceptive, or misleading manner constitutes grounds for disciplinary action by the ‘Board of Orthotists and Prosthetists. 15. Respondent advertised goods or services in a fraudulent, false, deceptive, or misleading manner in one or more of the following ways: MAR-18-2618 11:25 AHCA Mar 18 2010 11:34 a. By using the designation Cro, a designation not recognized in the state of Florida by the Board of Orthotists and Prosthetists, on business cards in 2007 and 2008; b, By using the title “Orthotic: Fitter” on a 2007 business card when Respondent was only licensed as an orthotic Fitter assistant; and/or c. By using the title “Ortnotic Consuitant” in connection with only the initials of Resmondent’s Florida iicense, OFA, on a 2008 pusiness card, thus downpiaying Respondent's status @5 ai _ orthotic fitter assistant and/or misleading the public to believe Respondent can provide services which exceed the scope of his Florida license. 16. Based on the foregoing, Respondent has violated Section 468.811(1)(e), Florida Statutes (2006-2008), advertising goods or services in a fraudulent, false, deceptive, or Misieading manner. COUNT TWO 17. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 18. Section 468.811(1)(j), Florida Statutes (2006-2008), provides that violating any provision of chapter 468, chapter 456, or any rules adopted pursuant thereto constitutes grounds for disciplinary action by the Board of Orthotists and Prosthetists. 19. Section 468.813, Florida Statutes (2006-2008), provides that a person must be licensed under this act to represent himself or herself as a 6 MAR-18-2618 11:25 AHCA Mar 18 2010 11:34 licensed orthotist or prosthetist or use in connection with his or her name the words “orthotist," "prosthetist," "prosthatist-orthotist," “orthotic fitter," “orthotic fitter assistant," “pedorthist," or ‘abbreviations, titles, or insignia indicating that he or she is an orthotist, prosthetist, prosthatist-orthotist, orthotic fitter, orthotic fitter assistant, or pedorthist. 20. Respondent used the title “Orthotic Fitter” on a business card in 2007, and/or used the designation “CFo”, meaning “Certified Fitter of Orthotics” on business cards in 2007 and 2008. Respondent, therefore, attempted to represent himself as an orthotic fitter when he was only licensed in Florida as an orthotic fitter assistant. 21. Based on the foregoing, Respondent has violated Section 468.811(1)(j), Florida. Statutes (2006-2008), by violating Section 468.813, Florida Statutes (2006-2008), which requires that a person must be licensed under this act to represent himself or herself as a licensed orthotist or prosthetist or use in connection with his or her name the words "orthotist," "prosthetist,” "prosthetist-orthotist,” "orthotic fitter,” “orthotic fitter assistant,” "pedorthist," or abbreviations, titles, or insignia indicating that he or she is an orthotist, prosthetist, prosthetist-orthotist, orthotic fitter, orthotic fitter assistant, or pedorthist. WOR-1B-2R1a 11125 auca Mar 18 2010 11:35 WHEREFORE, Petitioner respectfully requests that the Board of Orthotists and prosthetists enter an order imposing oné or more of the foliowing penalties: permanent ravocation or suspension of Respondent's licanse, restriction of practice, imposition of an aciministrative fine, issuance of a reprimand, piacement of Respondent on probation, corrective action, refund of fees bilied or collected, remedial education and/or any other reliey that the Board deems appropriate. SIGNED this 19" day of December, 2008. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General, MY}, 4 fh i wt ij Wayne Mitchell Assistant General Counsel DOH Prosecution Services Unit DEPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin C-65 oerK:(hen gtent Tallahassee, Florida 32399-3265 i P, Florida Bar # 869414 DATE Ja-QEcCs Phone: (850) 245-4640 Fax: (850) 245-4683 == Pcp: 13/\9] 08 PCP Members: RG 4 AG DOH v Mark Bowlin, OFA; Case #2007-07950 WOR-1B-2010 11126 auca Mar 18 2010 11:35 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 course! or other qualified representative, to present evidence and argument, fo call and cross-examine witnesses and to have subpoena and subpoens duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COST s Respondent is piaced on notice that Petitioner has incurred cests 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 & discipiinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. DOH v Mark Bowlin, OFA; Case #2007-07950

Docket for Case No: 10-009402PL