0 f STATE OF FLORIDA “Opp & / DEPARTMENT OF HEALTH , . Ah. BOARD OF HEARING AID SPECIALISTS Ap lly, , nya Syn, Hq ie “4 S 7p", Oo ag 4 7 iy DEPARTMENT OF HEALTH, Es PETITIONER, - vs CASE NUMBER: 00-00939 STEVE SUMINSKI, RESPONDENT. / oe 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 STEVE SUMINSKI, 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 Dispensing pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 484, Florida Statutes. Pursuant to the authority of Section 20.43 Bye). Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter “Agency,” to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is, at all times material hereto, a licensed hearing aid specialist, having been issued license number AS. 0002614. by ed i 3. Respondent’s last known address is 400 Hickory Acres Lane, Jacksonville, FL 32259. 4. On or about January 9, 1998 Respondent sold a pair of hearing aids to patient K.D. for $5, 992. 5. After attempting to cancel the order the patient received the hearing aids from Respondent on April 10, 1998. 6. The sales receipt provided by Respondent to the patient did not contain the disclosure of the name and address and telephone number of the Agency for Health Care Administration. 7. Prior to the sale, Respondent verbally and incorrectly advised the patient that she could return the hearing aids for a refund if they did not improve her hearing ability. 8. At all times in January 1998 the standard provided for by law for obtaining a refund was “failure by the purchaser to achieve satisfaction from use of the hearing aids.” . 9% Respondent, prior to the sale on January 9, 1998, failed to provide the onditions of the statutory guarantee in writing, including but not limited to advising of the “achieved satisfaction from use” standard for a refund, advising the patient of the tolling provision for the 30 day refund when the hearing aids are returned to the seller, advising of the statutory 30 day return privilege itself. 10. . Respondent falsely and incorrectly advised the patient in writing to contact the Florida department of Business and Professional Regulation concerning any complaint about hearing aids. : condi ons or limitations imposed upon the, guarantee, 11. Atall times after July 1, 1997, Rule 64B6-6.010(1) Florida Administrative Code required the sales receipt for this transaction to contain the address and telephone number of ‘the Agency of Health Care Administration rather than the Department of Business and Professional Regulation in January 1998 12. Atall times the Department of Business and Professional Regulation had no jurisdiction over hearing aid specialist license in Florida. 13. Upon delivery of the hearing aids on April 10, 1998 Respondent provided and had the patient sign a delivery receipt whereby the patient was asked to agree and did agree to “work with Florida Hearing Associates, Inc., during the necessary adjustment period to assure my successful adaptation to these hearing instruments” an agreement that conflicted with the purchaser’s statutory right to return the hearing aids for a refund at any time within 30 days of delivery upon being dissatisfied with their use. . COUNTI “od 4. Petitioner repeats and re-alleges paragraphs 1-13. 15. Based on the foregoing, Respondent has violated Section 4 484, 4.056(1)(n), F lorida Statutes upon proof that representation , advertisement, or implication that a hearing aid or its repair is guaranteed without providing a full disclosure of the identity of the e guar antor; the nature, extent, and duration of the guarantee; and the exister e of COUNT. COUNT I 16.- Petitioner repeats and re-alleges paragraphs 1-13. reenact SA biog meme enim remeron ll 17. Based on the foregoing, Respondent has violated Section 484.056(1)(k), Florida Statutes by using, or causing or promoting the use of any advertising matter, guarantee or representation which is misleading, deceiving or untruthful. COUNT I 18. Petitioner repeats and realleges paragraphs 1-13. 19. Based on the foregoing, Respondent has violated Section 484.056(10(h), Florida Statutes by violating Section 484.0512(1)(2), Florida Statutes, 64B6-6.001, Florida Administrative Code, by failing to provide in writing the terms and conditions of the statutory 30 day guarantee prior to signing the sales agreement. COUNT IV 20. Petitioner repeats and realleges paragraphs 1-13. 21. Respondent is guilty of misconduct, in the practice of hearing aid disperising. 22. — Based on the foregoing, Respondent has violated Section 484. 056(D(@), Florida Statutes upon being found guilty of fraud or deceit, negligence, or misconduct i in the Practice of dispensing hearing aids, oner repent requests the Board of Hearing A Aid : Special lists enter ; an order i imposing one or more of the following penalties and/or any other relief that t e > Board of Hearing Aid Specialists deems 2 appropriate. “SIGNED this le day of ina 52000. Paina RU eat dicot cccenamigsete ws A aaent oes ot EMR BES COUNSEL FOR PETITIONER: AY y Rudolph C. Campbell, Senior Attorne Agency for Health Care Administration Practitioner Regulation - Legal Building 3, Room 3139B 2727 Mahan Drive Tallahassee, FL 32317-4229 (850) 410-3465 RCC PCP: Bolanes w Smit DATE: w(4/ 00 ... Robert G. Brooks, M.D. ' Secretary! Department of Health ole Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration FILED DEPARTMENT QO! -iiauris ia DEPUTY CLeRik cuenk £ A 44 lod

Docket for Case No: 01-003836PL