STATE OF FLORIDA BUREAU OF EMERGENCY MEDICAL SERVICES DEPARTMENT OF HEALTH, Petitioner, Vv. CASE NO. 2018-23341 ARIANA ORTEGA DOMINGUEZ, E.M.T., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, files this Administrative Complaint before the Bureau of Emergency Medical Services against Respondent, Ariana Ortega-Dominguez, E.M.T., and in support alleges: 1. Petitioner is the state agency charged with regulating emergency medical technicians (EMT) and paramedics pursuant to Chapter 20.43, Florida Statutes (2017) and Chapter 401, Florida Statutes (2017). 2. At all times material to this Complaint, Respondent was certified as a EMT within the State of Florida, having been issued certificate EMT 560047. 3. | Onor about May 19, 2018, Respondent was employed as an EMT with American Medical Response (AMR), located in Lake Worth, Florida. 4. On or about May 19, 2018, Respondent was dispatched to an assisted living facility located in Delray, Florida, to transport Patient I.K. to his home residence located in Boca Raton, Florida, due to Patient I.K.’s inability to safely sit upright during transport. 5. Respondent was assisted on the service run to Patient I.K. by Ryan Pagliarulo, E.M.T., a crewmember with AMR. 6. During Patient I.K.’s transport, the weather conditions were inclement. 7. Upon arrival at Patient I.K.’s residence, despite the weather conditions and no pending emergency, Respondent and Mr. Pagliarulo proceeded to remove Patient I.K. from the ambulance. 8. While removing Patient I.K. from the ambulance on a Stryker Power Pro Stretcher’, Respondent and Mr. Pagliarulo dropped the stretcher with Patient I.K. 9. Patient I.K. suffered from blunt force trauma to the head as a result of the fall. 10. Patient I.K. was transported to West Boca Medical Center without further incident. 1A Stryker Power Pro Stretcher is a battery-powered wheeled stretcher that is used to transport patients in emergency situations. DOH v. Ortega-Dominguez, E.M.T. 2018-23341 11. Subsequently, on or about May 23, 2018, Patient I.K. expired due to Blunt Force Injuries due to a fall, as listed on his Florida Certificate of Death. 12. Section 401.411(1)(g), Florida Statutes (2017), provides that unprofessional conduct, includes, but is not limited to, any departure from or failure to conform to the minimal prevailing standards of acceptable practice under this part, including undertaking activities that the emergency medical technician, paramedic, health care professional, or other professional is not qualified by training or experience to perform. 13. On or about May 19, 2018, Respondent engaged in unprofessional conduct when Respondent: a. removed Patient I.K. from the ambulance despite inclement weather and no pending emergency; and/or, b. while removing Patient I.K. from the ambulance dropped the Patient I.K. while he was on a stretcher. 14. Based on the foregoing, Respondent violated section 401.411(1)(g), by engaging in unprofessional conduct. DOH v. Ortega-Dominguez, E.M.T. 2018-23341 WHEREFORE, the Petitioner respectfully requests that the Department enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's certificate, 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 Bureau deems appropriate. SIGNED this_ 19 day of__ May____ 2020. FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: 5 pate: ___ MAY 1 9 2020 PCP: May 19, 2020 PCP Panel: Rickey Stone DOH v. Ortega-Dominguez, E.M.T. 2018-23341 Scott A. Rivkees, M.D. State Surgeon General pes Rose Garrison, Esq. Assistant General Counsel Florida Bar No. 105920 Florida Department of Health 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-1701 Telephone: (850) 558 - 9842 Facsimile: (850) 245 - 4684 Rose. Garrison@flhealth.gov 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. 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 te any other discipline imposed. DOH v. Ortega-Dominguez, E.M.T. 2018-23341

Docket for Case No: 20-005321PL