nb eae STATE OF FLORIDA DEPARTMENT OF HEALTH COMES “NOW, the Petitioner, Department of Health, hereinafter ‘eferred to as "Petitioner", and files this Administrative Complaint before the Board of Physical Therapy Practice against Rein Vandervelde, hereinafter referred to as “Respondent”, and alleges: 1. | Effective July 1, 1997, , Petitioner i is > the state agency charged with regulating the practice of Physical Therapy p pursuant to Section 20. 43, Florida Statutes; Chapter 456, Florida Statutes; (formerly Chapter 455, Part II: see Chapter 2000-160, Laws of Florida) and Chapter 486, ‘Florida Statutes. Pursuant to the authority of Section 20. -43(3)(8), Florida : provide ¢ consumer complaint, investigative, and prosecutorial s services 5 required by th the Division . of Medical | Ooi Assurance, councils, or boards ; as appropriate including the i issuance of DEPARTMENT OF HEALTH, - BOARD OF PHYSICAL THERAPY, PETITIONER, vs. CASE NUMBER: 00-00295 REIN VANDERVELDE, OI OL RESPONDENT. / ADMINISTRATIVE COMPLAINT . pes Statutes, the Petitioner has contracted with the Agency for Health Care Administration t0). _ ES boven t bee Sore ope cpmerere een of dtd chcmedaaias acne oo 3. During the time referenced in this Administrative Complaint, Respondent owned and practiced at Dunn Avenue Physical Therapy Clinic, 2377 Dunn Avenue, Suite 8, Jacksonville, Florida 32218. 4. Based on a complaint filed with the Agency for Health Care Administration, interviews were conducted with several staff members at Dunn Avenue Physical Therapy Clinic. 5. At least four unlicensed staff members reported that they had been left unsupervised, and required to > perform Procedures on patients. This unlicensed, unsupervised activity took place several times during the period of May 1999 — December 1999. 6. Specifically, unlicensed employees Brannon, Jones and Hickman reported that they had been left with patients V.T. and B.D. and asked to perform their tfeatinents. In May, Jones treated three patients by herself. In August, Respondent left the clinic at approximately 3 p.m. and left student intern Balter to treat patients for two hours. Later in August, Respondent did not arrive at the clinic until approximately 10:30 a.m. and Balter was required to treat ; patients from 8:00 — 10:30 a.m. without licensed supervision. Balter estimates that.in those two periods, she treated between eight and twelve patients, all without licensed supervision. 7. Therefore, the Respondent has violated Section 455.624(1)G), Florida Statutes ; (1999), for aiding or employing any unlicensed person to practice a profession contrary to the statute; Section 455. 625(1)(p), Florida Statutes (1999), for delegating ‘the performance of oes professional ‘responsibilities by a person when the licensee has reason to know that such person is not qualified to perform them; and Sections 486.125(1)(e), and 486.125(1)(h) Florida Statutes, through a violation of Rules 64B17-6.001(3)(c) Florida Administrative Code, for delegating functions which require the skill and knowledge of the physical therapist;.(3)(e) for failing to be responsible for physical therapy care and available for consultation at all times, (3)(g) for failing to provide on-site supervision when students were performing patient care activities; (5)(c)2 for ” , mage rege + failic ag to provide on-site supervision; and (5)(d) for delegating Portions of skilled physical . therapy fictions or tasks to lesser trained health personnel. WHEREFORE, Petitioner respectfully requests that the Board of Physical Therapy : ‘Practice 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, and/or any other relief that the Board deems appropriate. — SIGNED this DYh _ aay of Mhruc Ps , 2001. Robert G. Brooks, M.D. Secretary, Department of Health By:¥ Nancy Snurkowski, Chief Attorney On Behalf of Agency for Health ; Care Administration ED DEPARTMENT OF HEALTH: COUNSEL FOR THE PETITIONER: DEPUTY CLERK ee. Kenon . %e Mary Denise OBrien, Senior Attomey CLERK Yeki Re Florida Bar # 306754 DATE ole Agency for Health Care Administration General Counsel's Office-MQA Practitioner Regulation-Legal “P.O. Box 14229 Tallahassee, Florida 3231 7-4229 ~ (850) 488-1474 DOM: 02/27/01 ; | PCP: Steve Forbush, Mark Stoff & Paul Hughes MDO/dja

Docket for Case No: 01-001963PL