Fs STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, BOARD OF OPTOMETRY, Petitioner, vs. REGINA MANES, O. D., Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Optometry against REGINA MANES, O.D., 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 456, Florida Statutes (formerly Chapter 455, Part II; see Chapter 2000-160, Laws of Florida), and Chapter 463, Florida Statutes. Pursuant to Section 20.43(3)(g), Florida Statutes, the Department 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 for all times material hereto, a certified optometrist in the State of Florida, having been issued license number OP 2192. _ 3. - The last known address of the Respondent is 749 Stonehouse Road, Tallahassee, Florida 32301. . . 4, On or about July 3, 2000, the Respondent entered into an “Independent Contractor Services Agreement” (hereinafter, “Agreement”) with ICON Laser Eye Centers, Inc. (hereinafter, “ICON”). 2 — 5. Section 5.1 of the Agreement states that ICON will pay consideration to the Respondent. The consideration schedule of the Agreement states that the Respondent will receive $440.00 per day. 6. Section 6 of the Agreement states that the Respondent shall submit a copy of her patient records to ICON within twenty-four hours after performance of services. Rule 64B13-3.015, Florida Administrative Code, prohibits a non-employee from performing any task or function that requires or gives the non-employee access to patient records or examination reports of any person without the patient’s prior written authorization. 7. Section 463.014(1)(b), Florida Statutes states: No licensed practitioner shall engage in the practice of optometry with any corporation, organization, group or lay individual. This provision shall not prohibit licensed practitioners from employing, or from forming partnerships or professional associations with, licensed practitioners licensed in this state or with other licensed health care professionals, the primary objective of whom is the diagnosis and treatment of the human body. 8. Rule 64B13-3.008(15), Florida Administrative Code, describes certain acts as constituting evidence that the practitioner has violated Section 463.014, Florida Statutes: (a) holding herself out to the public, or allowing herself to be held out to the public, as available to render professional services in any ‘manner which states, implies, or suggests that the licensed practitioner is professionally associated or affiliated with, or employed by, an entity which itself i is not a licensed practitioner; (b) entering into any agreement which allows, permits, or facilitates any entity which itself is not a licensed practitioner to practice optometry, to » offer optometric s¢ services to the public, or to control through any means any aspect of the practice of optometry, (c) fting to maintain full and independent responsibility and control over ales and records relating to patients and the optometric practice; and (0) failing to maintain full and independent control and discretion over fees charged to Patients for optometric services. Based on the foregoing, the Respondent has violated Section. 463. 016( no) Florida Statutes by ie violating Section 463. 014, Florida Statutes, as the following acts are described as constituting evidence of “Violations of said section mn by rule 64B13-3.008 (15), Florida Administrative Code, by y holding herself out We ox, te to the public, or allowing herself to be held out to the public, as available to render profpsonl sf I seyces ms in any manner which states, implies, or suggests that the licensed practitioner is rots rps) Oy, or affiliated with, or employed by, an entity which itself is not a licensed practitioner; Gare into Bs. Oe agreement which allows, permits, or facilitates any entity which itself is not a licensed ee a, SORE practice optometry, to offer optometric services to the public, or to control through any means any aspect of the practice of optometry; failing to maintain full and independent responsibility and control over all files and records relating to patients and the optometric practice; and failing to maintain full and independent control and discretion over fees charged to patients for optometric services. WHEREFORE, Petitioner respectfully requests the Board of Optometry to enter an order imposing one or more of the following penalties: revocation or suspension of Respondent's license; restriction of Respondents 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 any other relief which the Board deems appropriate. SIGNED this day of ) , 2001. FILED Robert G. Brooks, M.D. DEPARTMENT OF HEALTH DEP! E CLERK- 4 paTE__ 2/74 4/ Secretary, Department of Health Nancy M. Snurkowski Chief Attorney General Counsel’s Office~ MQA Practitioner Regulation ~ Legal ._ Deborah B. Loucks ve “Senior Attorney Florida Attorney Number: 0169889 Agency for Health Care Administration Practitioner Regulation — Legal Post Office Box 14229 _Tallahassee, Florida 32317-4229 Telephone (850) 487-9694 PAe. Naw ae one pana Aw LE Mone - S\B\ar . .

Docket for Case No: 01-003738PL