STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE DEPARTMENT OF HEALTH, PETITIONER, ve CASE NO. 2016-24462 HERMAN LESTER CARRERO, D.C., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health (‘Department”), by and through its undersigned counsel, files this Administrative Complaint before the Board of Chiropractic Medicine (“Board”) against Respondent, Herman Lester Carrero, D.C. (‘Respondent’). In support, Petitioner alleges: 1. Petitioner is the state department charged with regulating the practice of Chiropractic Medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 460, Florida Statutes. 2. Atall times material to this Complaint, Respondent was licensed to practice Chiropractic Medicine in the state of Florida, having been issued License Number CH 10337. DOH v. Herman Lester Carrero, D.C. Case No. 2016-24462 Page 1 of 5 3. Respondent's address of record is 1948 Saxon Boulevard, Deltona, FL 32725. 4. Onor about September 16, 2016, a Radiation Control Inspector (*RCI”) conducted an inspection of Harmony Clinic, P.A.’s X-ray equipment. 5. The RCI conducted interviews with two Harmony Clinic employees. 6. The two employees advised that the Respondent was training the employees to operate an X-ray machine and that Respondent is not always present when they are operating the X-ray machine. 7. On or about January 4, 2017, the Respondent was interviewed by an Investigator; the Respondent took full responsibility for the incident by admitting he was teaching the employees how to operate the X-ray machine and that he improperly mislead them. 8. The Respondent knew or had reason to know that the two employees were not qualified to use the X-ray machine because he was in the process of training the employees to take the Basic X-ray Machine Operator exam. DOH v. Herman Lester Carrero, D.C. Case No. 2016-24462 Page 2 of 5 9. Section 460.413(1)(u), Florida Statutes (2016), provides delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them constitutes grounds for discipline. 10. The Respondent delegated his professional responsibility to operate an X-ray machine to two of Respondent's employees, with the knowledge that these employees were not qualified to operate the X-ray machine as the employees lacked experience and were not licensed to do SO. 11. Considering the foregoing, the Respondent violated Section 460.413(1)(u), F.S., by delegating the task of operating an X-ray machine to two employees with the knowledge that the employees were not qualified by training, experience or licensure. WHEREFORE, the Petitioner respectfully requests that the Board of Chiropractic Medicine 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 DOH v. Herman Lester Carrero, D.C. Case No. 2016-24462 Page 3 of 5 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__(,% day of__Derembel , 2017. Celeste Philp, MD, MPH State Surgeon General & Secretary Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 FIL, DEPARTMENT OF HEALTH TY CLERK Florida Bar #1002311 ceaie po raed Phone 850-558-9906 ———.._ DEC 0 6 207 | FAX 850-245-4681 derrick.mcburrows@flhealth.gov PCP: 12-06-17 Members: Ken Dougherty and Debra Hoffman. DOH v. Herman Lester Carrero, D.C. Case Na, 2016-24462 Page 4 of 5 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. Please send your request to: If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this agency action. NOTICE REGARDING ASSESSMENT OF COSTS 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. DOH v. Herman Lester Carrero, D.C. Case No. 2016-24462 Page 5 of 5

Docket for Case No: 18-001352PL