Petitioner: DEPARTMENT OF HEALTH, BOARD OF CLINICAL LABORATORY PERSONNEL
Respondent: ENRIQUE RUEDA-ARGUELLO
Judges: STUART M. LERNER
Agency: Department of Health
Locations: Miami, Florida
Filed: Mar. 14, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 6, 2000.
Latest Update: Dec. 23, 2024
__ STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
Petitioner,
Vs. CASE NO. 98-13583
ENRIQUE RUEDA-ARGUELLO
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the Petitioner, Department of Health, and fi les this
Administrative Complaint before the Board of Clinical Laboratory Personnel,
against the Respondent, ENRIQUE RUEDA-ARGUELLO, 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 for 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.
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 0028987.
4. Respondent's last known address is 9409 Fountainbleau Boulevard,
Miami, Florida 33172
5. Atall times material to the allegations contained in this Complaint, the
Respondent was the Clinical Laboratory Supervisor for Medical Lab Corp. d/b/a
Medical Test Corporation, located at 477 NW 27th Avenue, Miami Florida 33125.
6. An on-site inspection on May 18, 1998 by ACHA Surveyors of the
Laboratory supervised by the Respondent revealed evidence of erroneous or false
patient results being reported by the laboratory. Among the deficiencies
discovered by Petitioner's Investigators were:
a. False tests results being sent to physicians when no result could properly
be obtained since documentation showed reagents either not available or
not used
b. Multiple incidents were discovered where Potassium Panic level results,
each of which was potentially life-threatening, were sent out to the ordering
physician with a normal value
c. Life threatening results were not documented as being immediately
reported to the ordering physician
d. Numerous test results were reported incorrectly
e. Machine tape answers differ from actual results reported to physicians
f. A review of chemistry quality control records failed to document which
personnel performed tests
g. HIV test results were not handled in a confidential manner to protect the
identity of the person(s) who had the HIV test performed.
h. Maintenance and function tests were not properly conducted
i, No adequate system existed in the laboratory to verify the accuracy of test
results
ww 1)
7. Asa direct and proximate result of the foregoing, an emergency
Order Suspending the License of the Laboratory was issued by the Director
of the Agency for Health Care Administration on May 26, 1998, citing not
less than nine (9) categories of violations.
8. The conduct of the Respondent as aforesaid is contrary to the
provisions contained in: Sections 64B3-13.002, Florida Administrative Code,
by failing to fulfill the specified duties and responsibilities of a Clinical
Laboratory Supervisor, and ; Section 483.825(7), Florida Statutes, by
violating, or aiding and / or abetting in the violation of the Rules specified
above.
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] (haay of Cn Yo 1999.
Robert G. Brooks, M.D.
Secretary, Department of Health
Chief Attorney
On Behalf of the Agency for
Health Care Administration Fi LED
COUNSEL FOR AGENCY: DEPARTMENT OF HEALTH
EPUTY “i.ERK
Lawrence F. Kranert, Jr. cucrugl i shan, uw
Senior Attorney DATE -L0-DY
Florida Bar No. 0171063
A
2
Agency for Health Care Administration
General Counsel's Office - MQA
Allied Health
P.O. Box 14229, ;
Tallahassee, Florida 32317-4229
(850) 487-2225
ae | . poy _,
LOURDES SOTO co
ATTORNEY AT LAW fa be
161 WASHINGTON AVENUE
SUITE 200 O By 7
MIAMI BEACH, FLORIDA 33139 co HAR | iF PH {Ps q5
TELEPHONE: (305) 532-9074 .
FACSIMILE: (305) 532-9218
.
March 8, 2000
VIA AIRBORNE EXPRESS:
Lawrence F. Kranert, Jr. Esq.
Agency for Health Care Administration
P.O. Box 14229
Tallahassee, Florida 32317-4229
RE: CASE # JC 98-135831
ENRIQUE RUEDA ARGUELLO
Dear Mr. Kranert:
Enclosed please find an executed Election of Rights. In the future, please forward any
correspondence concerning this case to this office.
Sincerely,
og Prd too
Liz Anderson
Paralegal for Lourdes Soto, Esq.
GO:ZiHd 01 WOO
woa1- 03A13 038
Docket for Case No: 00-001145
Issue Date |
Proceedings |
Nov. 06, 2000 |
Order Closing File issued. CASE CLOSED.
|
Nov. 01, 2000 |
Motion to Close Case filed by Petitioner.
|
Jul. 18, 2000 |
Order Granting Continuance and Placing Case in Abeyance sent out. (parties to advise status by November 3, 2000)
|
Jul. 17, 2000 |
Motion to Abate. (Respondent) (filed via facsimile)
|
Apr. 18, 2000 |
Order of Pre-hearing Instructions sent out.
|
Apr. 18, 2000 |
Notice of Video Hearing sent out. (hearing set for July 27, 2000; 1:00 p.m.; Miami and Tallahassee, FL)
|
Mar. 31, 2000 |
(Response to Initial Order, Respondent) (filed via facsimile).
|
Mar. 20, 2000 |
Initial Order issued. |
Mar. 14, 2000 |
Election of Rights filed.
|
Mar. 14, 2000 |
Administrative Complaint filed.
|
Mar. 14, 2000 |
Agency Referral Letter filed.
|