STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, vs. CASE NO.: KENNETH EDWARD MULLER, Respondent. / ADMINISTRATIVE COMPLAINT COMES Now, THE Petitioner, Department Of Health, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Physical Therapy Practice against KENNETH EDWARD MULLER, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of Physical Therapy pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 486, Florida Statutes. 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 Assurance, councils, or boards, as appropriate. . 2. Respondent is, and has been at all times material hereto, a licensed Physical Therapist _ in the state of Florida, having been issued license number PT 11700. 3. Respondent’s last known address is 1 143 SW Wildridge Court, Palm City, Florida. 4. The Respondent was granted a license to practice Physical Therapy in the State of Florida on January 21, 1995. ) 5. Respondent evaluated RM, patient, on or about May 8, 1997. 6. Respondent was instructed by patient's physician to "evaluate and treat" RM. . 7. Therefore, Respondent evaluated RM and established a plan of care. 8. Respondent treated RM's right shoulder with hot packs following surgery. 9. The hot packs caused RM to suffer third degree burns. 10. Respondent's did not follow his plan of care which was approved by the treating physician. 7 . 11. RM's physician did not prescribe hot packs as therapy for RM. 12. Therefore, based on the foregoing, Respondent violated Section 486.125(1)(h), Florida Statutes, through a violation of Rules 64B17-6.001(2)(g)(e), Florida Administrative Code, for failing to practice Physical Therapy with the level of care, skill and treatment ‘which is recognized by a reasonably prudent similar physical therapist and by engaging in other unprofessional conduct including, but not limited to, inaccurately recording, falsifying or altering. patient records. WHEREFORE, Petitioner respectfully requests that the Board of Physical Therapy Practice to enter an order imposing one or more of the following penalties: revocation or suspension of Respondent’s license, restriction of Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent’s license on probation for a period of time and subject to terms and/or conditions, and/or other relief which the Boatd deems appropriate. SIGNED this a\ Sk day of , 2000. Robert G. Brooks, M.D. © FILED DEPARTMENT OF HEALTH DEP Ri CLER ia Ypr~ | By: Nancy Snurkowski, pate S 2¢ he On Behalf of Agency for Health Care Administration Shannon R. Fleming, Senior Attorney JS fe Agency for Health Care Administration Post Office Box 14229 Tallahassee, Florida 32317-4229 . Phone: (850) 488-1474 DATE: May 30, 2000 PCP: Lindeblad, Kuhns, Davis DRF/dja 06/20/2000

Docket for Case No: 01-001289PL