RRB mw appropriate. STATE OF FLORIDA DEPARTMENT OF HEALTH O1 SEP-7 AMT: 53 BOARD OF HEARING AID SPECIALISTS DIY ADMINIS TRA DEPARTMENT OF HEALTH, HEARIN PETITIONER, / vs. CASE NUMBER: 98-21638 ROBERT F. DAVIDSON, RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Hearing Aid ' Specialists against ROBERT F. DAVIDSON, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of Hearing Aid Specialists pursuant to Section 20.43, Florida Statutes; Chapter. 456, Florida Statutes; (formerly Chapter 455, Part tH; see Chapter 2000- 160, Laws of Florida), and Chapter 484, Florida Statutes. “Pursuant to Section 20. 43 the Department has contracted with the Agency for Health Care Administration to Provide c consumer complaint, investigative, and prosecutorial services * “required by the Division of Medica | Quality Assurance councils, or boards, as 2. ___ Respondent is, and has been at all times material hereto, a licensed hearing aid specialist i in the State of Florida, having been issued license number AS 0000740. usin it Mi ade te porn teeten nee : Oo. Florida Statutes, Spe or re con ee meee ead een no RS rene Ml 3. Respondent’s last known address is 1044 Castello Dr., Suite 105, Naples, FL 34103. 4. On July 10, 1998 Respondent, on behalf of Hearite Audiological Inc. (Hearite) delivered a pair of hearing aids to patient R.L. in Largo, F lorida. 5. Another Hearite hearing aid specialist had previously signed the sales contract on June 29, 1998. . 6. The patient was dissatisfied with the use of the hearing aids and returned them to Hearite on July 13, 1998 for a refund. 7. Hearite accepted the heating aids back from the patient on July 13, 1998 and promised the patient a refund. 8. Hearite subsequently went out of business. 9. . The patient R.L. never received a refund. COUNT I 10. Petitioner repeats and re-alleges paragraphs 1 through 9 above. 1 1. Based on the foregoing the Respondent has violated section 484.056 (1) ¢, Florida Statutes, by failing provide a refund fora hearing aid returned within 30 days of delivery i in violation of section 484. 0512(1), Florida Statutes. | WHEREF ORE, ‘Petitioner respectfully requests the Board of Heating Aid » Specialise enter an order i imposing one or more of the following penalties: revocation o or suspension of the ne Respondent’ s license, restriction of the Respondent’s practice, - imposition of an administrative fine, issuance ofa reprimand, placement of the Respondent on n probation, a assess costs of i investigation and prosecution assess costs of OR SREB RE a investigation and prosecution and/or any other relief that the Board of Hearing Aid Specialists deems appropriate. SIGNED this day ot isnt 2001. Robert G. Brooks, M.D. Secretary, Department of Health Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration SEL FOR PETITIONER: Gary L. Asbell, Senior Attorney Agency for Health Care Administration Practitioner Regulation - Legal 2727 Mahan Dr., Bldg 3, MS-39 Tallahassee, FL 3230 (850) 414-1981 vce. lenos Limite . DATE: (29-97 DEPARTMENT OF HEALTH “DEPUTYCLERK ; “CLERK PK ‘Re

Docket for Case No: 01-003538PL

Orders for Case No: 01-003538PL