v) ae) STATE OF FLORIDA ; DEPARTMENT OF HEATH gg x } a &, < eo a “ ‘ DEPARTMENT OF HEALTH, ait, 2 O foe , GEE. Fo Petitioner, GO %, | Goro, @, Vs & | CASENUMBER: 98-22227 ZS ~~ 2 - “ WADE D. SCHINDLER, OO TA/ ¢ Respondent, / ADMINISTRATIVE COMPLAINT . COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Hearing Aid Specialists against Wade D. Schindler, hereinafter referred to a “Respondent,” and alleges: | 1. Petitioner is the state agency charged with regulating the practice of Hearing Aid Specialists pursuant to Section 20. 43, Florida Statutes, Chapter 455, Florida Statutes, and Chapter 484, Florida Statutes. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and . prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards as appropriate. ee foe i nae ee 2. _ Respondent is, and has been : at all times material hereto, a licensed Hearing Aid Specialist i in | . “the St State of Florida, having been issued license umber AS 0002524. 3. Respondent” 'S last known address i is 541 18 Lankford ‘Drive, Tampa, Florida 33610. 4. On or about August 25, 1998, ‘the ‘Respondent dispensed a a “pair r of hearing aids to patient DL. for a contract price. oe | 5. | The sales receipt for the hearing aids does not include he serial numbers of the hearing aids sold; this is in violation of Section 484.051, Florida Statutes. | | | | ) tw) a) - 6. The Sales receipt and customer invoice did not adequately identify the guarantor for the hearing aid, but in fact listed several different names as the seller of the hearing aid. 7. Onor about September 2, 1998, the Respondent delivered the hearing aids to the patient, 8. Onor about September 21, 1998, Patient D.L. visited the Respondent and requested a refund for her hearing aids by a hand delivered letter and attempted to leave the hearing aids with Respondent. 9. Respondent refused a refund and refused to accept the hearing aids. 10. The written disclosure provided by Respondent on the sales receipt, did not advise the Patient she could cancel the sales agreement for the hearing aids by either returning the hearing aids of mailing written notice of cancellation to Respondent as mandated by Section 484.0512, Florida Statutes. . 11. The Respondent incorrectly advised the patient at the time of the sale that Respondent was an audiologist. COUNT I 12. Petitioner re alleges and incorporates the foregoing paragraphs one (1) through eleven (11), as if fully stated herein. 13. Based on the foregoing, the Respondent’s license to practice as a hearing aid specialist in the State of Florida is subject to discipline for violating Section 484.0512, Florida Statutes, for failing to refund the patient’s money, in violation of Section 484.056(1)(h), Florida Statutes. — : COUNT 14. Petitioner re alleges and incorporates the foregoing paragraphs one (1) through eleven (11), as if fully stated herein. 15. Respondent i is guilty of misconduct i in the practice of dispensing hearing aids. 16." Based on ‘the foregoing, the Respondent’ s license to practice as a hearing aid specialist in the State of Florida is subject to discipline for violating Section 484.056(1)(g), Florida Statutes, upon vu a) proof that licensee 7 guilty of fraud or deceit, or negligence, incompetency or misconduct in the practice of dispensing hearing aids. ) COUNT Ii 17. Petitioner re alleges and incorporates the foregoing paragraphs one (1) through eleven (11), as if fully stated herein. . 18. Based on the foregoing, the Respondent’s license to practice as a hearing aid specialist in the State of Florida is subject to discipline for violating Section 484.056(1)(L), Florida Statutes, for showing or demonstrating, or, in the event ofa sale, delivery of a product unusable or impractical for the purpose represented or implied. COUNT IV 19. Petitioner re alleges and incorporates the foregoing paragraphs one (1) through eleven (11), as if fully stated herein. 20. Based on the foregoing, the Respondent’s license to practice as a hearing aid specialist in the State of Florida is subject to discipline for violating Section 484.056(1)(m), Florida Statutes, by “Misrepresentation of professional services available in the fitting, sale, adjustment, service, or repair of a hearing aid, or use of the terms, doctor, clinic, clinical medical audiologist, clinical audiologist, or al services when such use is ~~ any other term not accurate”. Lp ogee eae FER YW . Nd WHEREFORE, the Petitioner respectfully requests the Board of Hearing Aids Specialists to enter an Order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, assess costs of investigation and prosecution and/or any other relief that the Board deems appropriate. Signed sDndhiay of 30) 0g Va { NT , 1999. Robert G. Brooks, M. D. Secretary, Department of Health BY: Nancy M. Snurkowski Chief Attorney General Counsel’s Office- MQA . Agency for Health Care Administration COUNSEL FOR AGENCY: “Gary L. Asbell 4 Florida Bar No. 0853615 a FILED Agency for Health Care Administration DEPARTMENT OF HEALTH Practitioner’s Regulation DEPUTY CLERK 2727 Mahan Dr., Bldg. 3, Rm. 31374 CLERK Vicki Rion Tallahassee, Florida 32308 ‘2 F (850) 414-1981, pep Se 29-99 pate_ (2/47/77 _- “GLAkmj (ws Bato ard $ni 2

Docket for Case No: 00-001214