he ? 4; % AN STATE OF FLORIDA RECEIVED ‘b GAL DEPARTMENT OF HEALTH 00 MARY, AMY} DEPARTMENT OF HEALTH, Viigo 7) Petitioner, OO AD a5 os < vs. CASE NUMBER: 99-58102 ESSAM ISMAIL, 0.D., Respondent. . / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Optometry against ESSAM ISMAIL, O.D., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of Optometry pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 463, 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 to provide consumer complaint, investigative, and Prosecutorial s« services required by the Division of Medical Quality Assurance, councils, ‘or boards, as appropriate, inclu ing t e issuance of emergency ‘orders of suspension or restriction. 3. Respondent is, and has been at all times material hereto, a licensed Optometrist, having been issued Florida license number OP 0002529. 4. The last known address of the Respondent is 122 Winter Haven Mall, #54, Winter Haven, Florida 33880. ti ile . 5. On or about tJuly 15,1999, an advertisement for Optical Outlet was placed in the Winter H Haven News. . 6. This advertisement stated “Free Eye Exam” in bold print. 7. The ad also stated that Optical Outlet is “Your Best Buy in Sight.” 8. Further reading of the ad indicated that the eye exam was free only ifa pair of . glasses was purchased. . . 9. The ad did not contain any information about the cost of the eye exam if no glasses were Purchased. 10. Respondent admis that he i is majority owner of Optical Outlet. 11. The advertisement failed to contain the individual name of the Respondent. 12. Based on the foregoing, the Respondent’s license to practice Optometry in the State of Florida i is , subject to discipline pursuant to Section 463.016 am, Florida Statutes for advertising goods or services ina manner which i is fraudulent, false, deceptive, or misleading in form or content; and Section 463.016(1)(h), through a violation of 64B13-3.009(5), Florida Administrative Code, by failing to contain the name under which the practitioner is licensed in any dissemination of information to the public . WHEREFORE, Petitioner respectfully requests the Board of Optometry to enter an Order imposing one or more of the following penalties: revocation or suspension of license, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any: other relief that the Board deems appropriate. _ SIGNED tis day of { , 2000. Robert Secretary, Dep: DEPARTMENT OF HEALTH DEPUTY CLERK By: Nancy Snurkowski, Chief Attorney Practitioner Regulation — Legal CLERK UR oot “pate_37 (S-.2000 wet ali lie He si A Deborah B. Loucks “ Senior Attorney Agency for Health Care Administration General Counsel’s Office -MQA Practitioner Regulation — Legal Post Office Box 14229 Tallahassee, Florida 32317-4229 (850) 487-9694 pce wnt: 383 ROOO

Docket for Case No: 00-001585