STATE OF FLORIDA . DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, BOARD OF OPTOMETRY, Petitioner, vs. , ree Case Number: 2001-02612 JOHN ZACCO, O.D., AUSHONE TS, / _ 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 J OHN ZACCO, 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 U; 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 i is and has been at all times material hereto, a certified Optometrist, licensed in the State of Florida, having been issued license number OP 769. 3. Respondent's last known address is 2933 East Colonial Drive, Orlando, Florida 32803. 4. On or about April 15, 2000, patient AZ presented at the Respondent’s office for an eye examination. The April 15, 2000 appointment was the patient’s initial visit to the Respondent for an eye examination. Torr 5 The Board of Optometry has promulgated rule 64B13-3.007, Florida Administrative aes forth the minimum procedures ‘required to be performed for a vision analysis. The rule requires 2s that these procedures e recorded in the ‘patient’s case record. The minimum procedures are: patient history; visual acuity; external examination; pupillary examination; visual field testing; internal examination; biomicroscopy; tonometry; refraction; extra ocular muscle balance assessment; other tests and procedures indicated by the pa at’s case history or objective signs and symptoms discovered during the eye examination; and diagnosis and treatment plan. 6 he Giwasds vB - 44B13-3.010(7)(a), Florida ‘Administative Code, that sui order for 2 cevtifies vu; .ometrist to be in compliance with Rule 64B13- 3, 007(2)(), Florida Administrative ‘Code, a certified optometrist shall perform a dilated fundus examination during the patient’s initial presentation, and thereafter, whenever medically indicated. The rule states that if, in the certified optometrist’s professional judgment, dilation is not performed due to the patient's age, physical limitations, or conditions, the reason(s) for not dilating shall be recorded in the patient's record. . 7. The Respondent failed to perform and/or document in the patient’s record an external examination. 8. The Respondent failed to perform and/or document in the patient’s record an internal examination. pone ew 9. The Respondent failed to perform and/or document in the patient’s record a proper diagnosis and treatment plan. 10. The Respondent failed to perform a dilated fundus examination. The Respondent failed . to document in the patient's record a reason for not dilating the patient. 11. Respondent is subject to discipline for violation of Section 463: 016(1)(h), Florida Statutes, through a violation of Rule 64B13-3.007(4), Florida Administrative Code, by failing to perform and/or record in the patient's record, the minimum procedures of optometric care required to be provided oop poe 4 4 C during a patient’s initial presentation and thereafter at such appropriate intervals as shall be determined by a “the optometrist’s sound professional judgment. WHEREFORE, Petitioner respéctfully requests the Board of Optometry to enter an order : ‘imposing one of more of the ‘fe nalties: revocation or suspension of Respondent’s license; ; ‘restriction of Respondent's practice; imposition of an administrative fine; issuance of a reprimand; _placement of the Respondent’s license on probation for a period of time and subject to terms and/or —Fohin O. “Agwunobi, M. D., M.B.A. Secretary, Department of Health y: Nancy M. Snurkowski sswews Chief Attorney - General Counsel’s Office — MGA Practitioner Regulation — Legal COUNSEL FOR PETITIONER: Deborah B. Loucks wb Senior Attorney Fl LE D - Florida Attomey Number: 0169889 DEPARTMENT OF HEALTE Agency for Health Care Administration DEPUTY CLERK Practitioner Regulation — — Legal cir Ae Post Office Box 14229, Mail Stop #39 oenk Pehik. enon Tallahassee, Florida 32317-4229 . , D \ ol (850) 487-9694 eine» PATE Ao Pilpueumen S Foret ree CA WYPAO\ coe Tene OTE eee peepee rer en

Docket for Case No: 02-000353PL