STATE OF FLORIDA cj zr ry) DEPARTMENT OF HEALTH dos bone be 00 JAN 12 PH 2:29 OWiSidd ay ; , ADMINIS TRALVE DEPARTMENT OF HEALTH, HEARINGS Petitioner, vs. CASENO. 99-50966 WILLIAM J. VOSS, O 0 O 2 RB, Respondent. / % f*- . ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health and files this Administrative Complaint before the Board of Clinical Laboratory Personnel, against Respondent, William J. Voss, and in support thereof would state: 1. Petitioner is the state agency charged with regulating the practice of Clinical Laboratory Personnel, pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 483, Florida Statutes. 2. Pursuant to the authority of Section 20.43 (3)(g), Florida Statutes, the Petitioner has contracted with the Agency of Health Care Administration, hereinafter referred to as the “Agency,” to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils or board, as appropriate, including the issuance of emergency orders of suspension or restriction. Uo V 3. Respondent has been at all times pertinent hereto, a duly licensed Clinical Laboratory Supervisor pursuant to Chapter 483, Florida Statutes, having been issued license number JC 0005742. 4. Respondent’s last known address is 9215 N.W. 9th Place, Plantation, Florida 33324-1014. 5. At all times material hereto, the Respondent was the clinical laboratory supervisor at Hialeah Hospital, 651 E. 25th Street, Hialeah, Florida 33013. 6. On or about April 19, 1999, a survey was undertaken by authorized agents ‘and employees of the Department of Health regarding the clinical laboratory at Hialeah Hospital. 7. The survey and examination determined that, based upon personnel licensure reviews, work schedules, work assignments, work logs and interviews with testing personnel, that the laboratory under the Respondent’s supervision did not have a consistent system in place to review high complexity tests performed by technicians prior to results being released. 8. In particular, for work performed from January 1999 through March 1999, a clinical laboratory technician under Respondent’s supervision performed clinical laboratory testing classified as highly complex and released the results prior to review and verification by a licensed technologist as required by Rule 64B-13.004(1)(1), Florida Administrative Code. 9. In addition, during the same time frame, the laboratory “under Respondent’s supervision allowed surgical tissues to be processed, imbedded, cut and stained during the 11 p.m. to 7 a.m. shift by a technician who was not under the direct supervision of a qualified director, licensed supervisor, or licensed technologist as required by Rule 64B-13.004(1)(a), F lorida Administrative Code. U VU 10. Based on the foregoing, Respondent violated Sections 483:825(7) and 483.825(13), Florida Statutes, by failing to properly supervise and otherwise impermissibly delegating professional responsibilities to a person when Respondent knows, or has reason to know, that such person is not qualified by training, experience, or licensure to perform them. WHEREFORE, Petitioner respectfully requests the Board of Clinical Laboratory Personnel to enter an Order imposing one or more of the penalties proscribed by law, together with any other and further relief deemed just under the circumstances. SIGNED this 2 day of HAWGwGe 1999, Robert G. Brooks, M.D., Secretary, Department of Health . Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration Agency for Health Care Administration General Counsel’s Office - MQA Practitioner Regulation P.O.14229 Tallahassee, Florida 32317-4229 (850) 487-9662 - PCP: Norris Barr, Roger Donahue Date: September 21, 1999 FILED DEPARTMENT OF HEALTH EPUTY CLERK

Docket for Case No: 00-000223