STATE OF FLORIDA FILED DEPARTMENT OF HEALTH 00 oct 16 PM 3:16 BOARD OF CLINICAL biviscn oF LABORATORY PERSONNEL, ADMINISTRATIVE Petitioner, Vs. CASE NO. 1999-59103 JOYCE C. SMITH, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, Board of Clinical Laboratory Personnel, and files this Administrative Complaint before the Board of Clinical Laboratory Personnel, against the Respondent, JOYCE C. SMITH, 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 Technologist pursuant to Chapter 483, Florida Statutes, having been issued license number 13124. 4. Respondent's last known address is 2675 SE 347 Street, Ocala, Florida 34471. 5. An inyestigation has revealed that Respondent has been acting in the capacity of a Clinical Laboratory Director. Respondent is not licensed as a Clinical Laboratory Director. 6. From approximately July 1998 to the present, Respondent has served in a position titled “Assistant Laboratory Director.” In this position she has been responsible for several of the functions of a licensed Laboratory Director, including, but not limited to, overall operation and administration of the clinical laboratory, employment of personnel, assuring compliance with applicable state and federal laws, rules and regulations, ensuring a safe work environment for employees, ensuring that quality test methodologies are used, ensuring that the clinical laboratory participates in a proficiency testing program, ensuring that quality control and quality assurance programs are established and maintained, and assessing laboratory staffing needs. Respondent has also acted as Laboratory Director in the Director’s absence. . 7. For several months, beginning in early 1999, Respondent assumed the responsibilities of the “Acting Director of Laboratory Services” position, performing all of the duties expected of'a licensed Laboratory Director. 8. By this conduct, Respondent has violated the following provisions of law: Section 483.825(2), Florida Statutes (1999), by engaging in a clinical laboratory procedure or category of procedures not authorized pursuant to his license and Section 483.825(19), Florida Statutes (1999), by practicing beyond the scope permitted by law or tule, or accepting or performing professional services or responsibilities which the licensee knows or has reason to know that he or she is not competent to perform. These acts constitute grounds for which disciplinary actions may be taken. 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 thi Asay o(lbiye Robert G. Brooks, M.D. Secretary, Department of Health By: Nancy M. Snurko Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: David R. Herman F GE ‘exit Attomey oem ILED Florida Bar No. 0113956 eh, CLERK . Agency for Health Care Administration CLERK Len General Counsel's Office - MQA Mel R. on Allied Health DATE__§ -.3¢-Jooa P.O. Box 14229 : Tallahassee, Florida 32317-4229 (850) 487-9670 ECO, Gwe « Donokes Peder 7/27 Joa

Docket for Case No: 00-004244PL