yy rn, 7 PILED STATE OF FLORIDA DEPARTMENT OF HEALTH 00.UL-5 ato: 99 DEPARTMENT OF HEALTH, | | F rH ve . Petitioner, ) TEARINGS vs. a , AHCA Case Number: 99-50584 C. 8. PEACH, . , OO0-28 Th 3 PL. Respondent. / ee ADMINISTRATIVE COMPLAINT | Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Optometry against C.S. PEACH, 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 services required by the Division of Medical Quality 4 Assurance, councils, or or boards, as appropriate, including the issuance of emergency orders of suspension or yestriction. 2. “ : mignon Age, 3.0 Respondent is, and has been at all times material hereto, a licensed Optometrist are in the State of Florida, having been issued license number oP 802. 4, _ The Respondent's address of record i is 6885 Oakcliff Road, Pensacola, Florida 32526. os . 5. On or about December 16, 1998, J.A. presented at Better Vision Plus for an eye examination. , 4 / 6. J.A. was examined by the Respondent and the Respondent wrote J.A. a prescription for glasses. 7. ' At the fitting for the glasses, J.A. was told that the prescription was not accurate ard that he needed to return for another examination. 8. On or about January 5, 1999, J.A. returned to Better Vision Plus for the follow up examination. 9. Upon arrival at the store location, J.A. found that the office was empty with all of the furniture and equipment having been moved out. 10. The rules governing the practice of optometry require that the Respondent provide notice to-his patients of the relocation of his practice and must specify the address at which his patient records will be maintained. 11, The rules governing the practice of optometry specify that notice of the relocation of practice and the address at which records may be obtained must be published in the newspaper of greatest general circulation in the county where the Respondent practiced optometry. Based on the foregoing, the Respondent has violated section 463.016(1)(h), Florida Statutes, a violation or repeated violations of this chapter or any rule promulgated pursuant thereto, through a Violation of 64B13-3.002(2), Florida Administrative Code, by failing to give notice to a patient when the practitioner relocates his or her practice; and a violation of 64B13- 3.003(6), by failing to publish notice of the relocation and the address where records will be a aa whe maintained in the newspaper of greatest general circulation in the county where the Respondent practiced. : WHEREFORE, the Petitioner respectfully requests the Board of Optometry to enter an - order ii imposing one or more of the following penalties: revocation or suspension of the Respondent’s license; restriction of Respondent’s practice; imposition of an administrative fine; issuance of a reprimand; placement of the Respondent’s license on probation for a period of time and subject to terms and/or conditions imposed by the Board; and/or any further relief which the Board deems appropriate. SIGNED thi day of he 2000. Robert G. Brooks, M. D. Department of Health FILED DEPARTMENT OF HEALTH DEPUTY CLERK cLerK Yehi RB pare_Y-57 2000 By: Nancy M. Snurkowski Chief Attorney General Counsel’s Office Practitioner Regulation — Legal COUNSEL FOR PETITIONER: S Deborah B. Loucks a Senior Attorney ’ Florida Bar Number 0169889 Agency for Health Care Administration Practitioner Regulation — Legal. Post Office Box 14229 Tallahassee, Florida 32317-4229 (850) 487-9694 RP». o\asla soap meee ee ee oe eRe oma me

Docket for Case No: 00-002763PL