a STATE OF FLORIDA’ DEPARTMENT OF HEALTH BOARD OF HEARING AID SPEICIALISTS ur uly DEPARTMENT OF HEALTH, AD ee : — : CARINGS PETITIONER, vs. CASE NUMBER: AS1996-16078 GARY P. SEGRETARIO 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 GARY P. SEGRETARIO, 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 (3)(g), 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 Ai Fan ASE HESS Specialist having been issued license number AS 0002321. JAN TE ANIL: 26 whee le Beedes k al dbedis a seed hte nesses 3. Respondent’s last known address is 4964 Courtland Loop, Winter Springs, FL 32708. 4. Respondent sold two hearing aids to Complainant B. C.) on or about January 26, 1995, at Hearing Plus in Fort Meyers, Florida, ) 5. Respondent failed to put the address of his regular place of business on the sales receipt. 6. B.C. returned the hearing aids within 30 days of delivery for a refund at the business where she purchased them. Her request for a refund was refused, 7. Respondent failed to ensure physical and operational comfort of the hearing aids for B.C. 8. Respondent is guilty of misconduct in the practice of dispensing hearing aids to B.C. by failing to provide a refund, failing to perform a final fi itting ensuring physical and operational comfort and by failing to provided a sales receipt that contained his regular place of business address. COUNT I 9. Petitioner repeats and realleges Paragraphs 1-8. 10. Based on the foregoing, Respondent has violated Section 484, 056(1)(h), Florida Statutes, by violating Section 484, 051(2), Florida Statutes, by failing to provide a sales reciept containing his regular place of business address, COUNT 0 11. Petitioner Tepeats and realleges paragraphs 1-8. ce oe Moi nets eee ; 12. Based on the foregoing, Respondent has violated Section 484.056( 1)(h), Florida Statutes, by violating Section 484.0501(3), Florida Statutes, by failing to perform a final fitting ensuring physical and operational comfort. COUNT I 13. Petitioner repeats and realleges paragraphs 1-8, 14. Based on the foregoing, Respondent has violated Section 484. 05 6(1)(h), Florida Statutes, by violating Section 484.0512(1), Florida Statutes, by failing to provide a refund fora hearing-aid returned within 30 days of delivery. COUNT IV ) 15. Petitioner Tepeats and realleges paragraphs 1-8. 16. Based on the foregoing, Respondent has violated Section 484.056(1)(g), Florida Statutes, upon being guilty of misconduct in the practice of dispensing hearing aids. . WHEREFORE, Petitioner respectfully requests the Board of Hearing Aid Specialist 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 ofthe : Respondent on probation, assess costs of i investigation and prosecution and/or any other relief that the Board deems appropriate. SIGNED this de day of ot. Ader Hay -, 2006. Robert G. Brooks, M.D. coronene =r HE ee epee ite di bode cha ve dhe ren wrertr Sar wane Soe ry L Nancy M. Snurkowski Chief Attorney: ~ Agency for Health Care Administration COUNSEL FOR PETITIONER: . Rudolph C. Campbell, Senior Attorney b. t F ] LE D Agency for Health Care Administration DEPARTMENT OF HEALTH Practitioner Regulation - Legal DEPUTY CLERK P.O. Box 14229 CLERK Wa Tallahassee, FL 32317-4229 kde 4 (850) 410-3465 DATE RCC/ffm PCP’ “Bolanesa Smith — Vato. (IIe foo

Docket for Case No: 02-000222PL