STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, BOARD OF )

CHIROPRACTIC EXAMINERS, )

)

Petitioner, )

)

vs. ) CASE NO. 81-269

)

JACK P. RANDALL, )

)

Respondent. )

)

RECOMMENDED ORDER

PURSUANT TO NOTICE, the Division of Administrative Hearings, by its duly designated Hearing Officer, WILLIAM B. THOMAS, held a hearing in this case on April 20, 1981, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Tina Hipple, Esquire

Assistant General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Jack P. Randall, in pro per

3244 Seminole Avenue

Macon, Georgia 31204

The Respondent requested a hearing on the Administrative Complaint filed by the Petitioner seeking to revoke or suspend the Respondent's license to practice in Florida as a Chiropractic Physician, or otherwise discipline him, for alleged violation of Subsection 460.413(1)(c) , Florida Statutes. Specifically, the Complaint charges that the Respondent has been convicted in federal court of crimes directly relating to the practice of chiropractic. Although he was advised of his right to be represented by counsel, the Respondent elected to proceed without an attorney.

FINDINGS OF FACT

1. The Respondent, Jack P. Randall, is a chiropractic physician licensed to practice in the State of Florida. He holds license number 2770.

   
   

2. On August 8, 1978, a federal grand jury filed an indictment in the United States District Court for the Northern District of Alabama, charging the Respondent with 29 counts of willfully making a false, fictitious and fraudulent statement and representation as to material facts in a matter within the jurisdiction of the United States Department of Health, Education and Welfare,

   Health Care Financing Administration (formerly Social Security Administration) in violation of 18 U.S.C. 1001 which states:

   
   

   "Whoever, in any manner within the jurisdiction of any department or agency of the United

   States knowingly and wilfully falsifies, conceals or covers up by any trick, scheme of device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more

   than five years or both."

   
   

   This indictment asserts that on 29 occasions between December, 1976, and January, 1978, the Respondent requested payment from the United States for chiropractic services performed on patients when such services were not actually performed.

   
   

3. On October 25, 1978, in the United States District Court for the Northern District of Alabama, the Respondent was convicted of 24 of the 29 counts in the indictment, and sentenced to imprisonment for a period of one year, and fined the sum of $5,000, to be followed by a suspended sentence of four years during which time the Respondent would be placed on probation. Each of the 24 counts upon which the Respondent was convicted directly relates to the practice of chiropractic.

   
   

4. Thereafter, the Respondent appealed his conviction to the United States Court of Appeals for the Fifth Circuit. By its opinion filed on April 19, 1979, the verdict and judgment against the Respondent was affirmed.

   
   

5. Certified copies of the indictment, the verdict and judgment, and the appellate opinion were received in evidence in support of the Administrative Complaint. In his defense, the Respondent asserted that the representation he received from his attorney was ineffective, and that the trial court would not let him employ another attorney. However, these matters are collateral to the issues presented in this proceeding. If they consist of a remedy, the Respondent must pursue it in court and not here.

   
   

   CONCLUSIONS OF LAW

   
   

6. The practice of chiropractic in Florida is regulated by the Board of Chiropractic pursuant to Section 460.401 - 460.415, Florida Statutes. Under Subsection 460.413(2), Florida Statutes, when the Board finds that a person is guilty of any of the actions condemned in subsection 1 of this statute, it may revoke or suspend a license, or impose a fine not exceeding $1,000 for each offense, or impose other sanctions.

   
   

7. By Subsection 460.413 (1)(c), Florida Statutes, a conviction or a finding of guilt, regardless of adjudication, of a crime in any jurisdiction which relates to the practice of chiropractic or to the ability to practice chiropractic, constitutes grounds for the disciplinary actions specified in subsection 2.

8. The Respondent's conviction of 24 counts or willfully and knowingly engaging in fraudulent billing practices over a period of 14 months warrants revocation of his license to practice chiropractic.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that license number 2770 held by the Respondent, Jack P.

Randall, be revoked.

THIS RECOMMENDED ORDER entered on this 15th day of May, 1981.

COPIES FURNISHED:

Tina Hipple, Esquire Assistant General Counsel Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Jack P. Randall

3244 Seminole Avenue

Macon, Georgia 31204

WILLIAM B. THOMAS

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 15th day of May,1981

Docket for Case No: 81-000269

Orders for Case No: 81-000269