Final Order No. DOH-02-1259- ~S_ -MOA STATE OF FLORIDA aie BOARD OF MEDICINE fetes = hhecke bole fea RAFAEL F. CASCANTE, Zon Oe Oy ’ Petitioner, Be 3 ett Sa Fo! ° ‘ O) wo Noe Pe) vs. Case No. 02-2127 eee %, DEPARTMENT OF HEALTH, Cc 4 cllerel ~ a © Respondent. / =n FINAL ORDER THIS CAUSE came on before the Board of Medicine (“the Board”) at a duly-noticed public meeting held on August 3, 2002, in Orlando, Florida, pursuant to §§120.569 and 120.57(4), Florida Statutes, for consideration of a settlement agreement between the parties, attached hereto as Exhibit A. The Board having reviewed the proposed settlement agreement and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the settlement agreement is approved and adopted herein as the Final Order of the Board in this matter, and the parties shall be governed accordingly. DONE AND ORDERED this/day eA WI 2002. BOARD OF MEDICINE Whew, Larry cPherson, Executive Director Jor Zachariah P, Zachariah, MD, Chair CERTIFICATE OF SERVICE MEAL ICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided by Risse) U.S. Mail to RAFAEL F. CASCANTE c/o Melissa Fletcher Allaman, Esquire, P.O. Drawer 1170, Tallahassee FL 32302 Cherry Shaw, Esquire, Department of Health, 4052 Bald Cypress Way, Bin A02, Tallahassee FL 32399-1703 this / 5" day of Hp IN ey, F:\Users\ADMIN\LEE\MEDICINE\Orders\cascante8,02.wpd STATE OF FLORIDA BOARD OF MEDICINE RAFAEL F. CASCANTE, Petitioner, . Vs. ; DOAH Case No. 02-2127 DEPARTMENT OF HEALTH, Respondent. / cane MOTION FOR BOARD’S FINAL ACTION TO ADOPT SETTLEMENT AGREEMENT REE MENT AGREEMENT Respondent, Department of Health, by and through the undersigned attorney, moves that the above-styled case be scheduled before the Board of Medicine and that the Board adopt the attached settlement agreement between the Respondent and Petitioner and states; 1. Petitioner took the September 2001 Physicians Assistant Licensure examination, 2. Upon scoring of this examination, the Respondent determined that Petitioner failed the examination, 3. Petitioner timely filed his onginal petition challenging the score on the examination, on or about May 7, 2002. 4. On May 23, 2002, the Respondent, based on their subject-matter expert’s findings, recommended that Petitioner be awarded additional Points on the September 2001 examination. These additional points enable Petitioner to pass the overall examination and be eligible for licensure. WHEREFORE, Respondent respectfully requests the Board to enter a Final Order adopting the attached settlement agreement entered into between the Department of Health and Petitioner, Respectfully submitted this a of , 2002. Chay A. Cherry A. Shaw Senior Attorney Florida Bar # 017503] Office of the General Counsel Department of Health 4052 Bald Cypress Way, Bin A02 Tallahassee, FL 32399-1 703 (850) 245-4029 (850) 413-8743 fax CERTIFICATE OF SERVICE SER IIILATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to MELLISA FLETCHER ALLAMAN, ESQUIRE, ERVIN, BOYD & ALLAMAN, PO DRAWER 1170, TALLAHASSEE, FL 32302, this ist of Lune. , 2002. Ch Nh Moy Cherry A. Shaw Jeb Bush John O. Agwunobi, M.D., M.B.A. Govemor Secretary MEMORANDUM DATE: May 23, 2002 To: Cherry Shaw From: %S Zohre Bahrayni Subject: Revised Score Two consultants reviewed the September 2001 Physician Assistant examination questions missed by candidate Number 300048 - Rafael F, Cascante. These consultants recommended crediting the candidate for question number 110. Based on this recommendation, the candidate received point for question number 110 and the candidate’s raw score changed from to which was calculated to the Passing score of %. Testing Services computer scoring has confirmed this change. As a result of this review, the Department recommends a passing status for this candidate. Upon receipt of the final order, Testing Services will generate an amended grade report allowing a license to be generated for candidate number 300048, Please let me know if you have any questions. Thank you. Xe: Jessie Wiggins Drew Jolly Dawn Moody nqa00s03\examdevelop\Professions\PHYIHEARINGS\Grade Change to Cherry.doc . 4052 Bald Cypress Way ¢ Tallahassee, FL 32399-1701 a nen nee, STATE OF FLORIDA BOARD OF MEDICINE RAFAEL F. CASCANTE, Petitioner, vs. Case No. 02-2127 DEPARTMENT OF HEALTH, Respondent. / SETTLEMENT AGREEMENT REL ASENENE, AGREEMENT Pursuant to Section 120, 57(4), Florida Statutes, the above named parties hereby offer this Settlement Agreement to the Board of Medicine as disposition of the petition for a hearing involving disputed issues of material fact in lieu of any other administrative proceedings. The terms herein become effective only if and when.a Final Order accepting this Settlement Agreement is issued by the Board and filed. STIPULATED FACTS aq, . Petitioner took the September 2001 Physicians Assistant Licensure examination. 2. Upon scoring of this examination, the Respondent determined that Petitioner failed the examination. — 3. Petitioner timely filed his original petition (attached hereto as Exhibit 1) challenging his score or about May 7, 2002. 4. On May 23, 2002 the Respondent, based on their subject-matter expert’s findings, recommended that Petitioner be awarded additional points on the September 2001 examination (attached hereto as Exhibit 2). These additional points enable Petitioner to pass the overall examination and be qualified for full licensure. STIPULATED LAW 1. _ Petitioner admits that this matter is subject to the provisions of Sections 456.017; 458.311, 458.3115 and 458.347, Florida Statutes, and the jurisdiction of the Respondent and the Board of Medicine. 2. Petitioner admits that the Settlement Agreement is a fair, appropriate, and reasonable resolution to this pending matter. PROPOSED DISPOSITION 1, The parties will request the Board of Medicine to enter a Final Order directing the Bureau of Operations, Department of Health, to award Petitioner additional points pursuant to the Respondent’s recommendation. These additional points will allow Petitioner to pass the overall examination and qualify for full licensure, The Final Order should also direct the Bureau to issue the Petitioner a license, 2. Petitioner agrees to the dismissal of his petition in this matter at the Division of Administrative Hearings by the filing of the Settlement Agreement at the Division of Administrative Hearings by the Respondent. 3. The parties agree to pay their own attorneys’ fees and costs and agree to waive all rights to an appeal. . 4. The parties stipulate and agree that this Joint. Stipulation and Settlement Agreement is a legal and binding document and is fully enforceable against all parties in any court of competent jurisdiction, The signatories hereto are vested with the authority to execute this Joint Stipulation and Settlement Agreement on behalf of their respective principals, and as duly designated representatives, to fully bind such principals. WHEREFORE, the parties hereto request the Board to enter a Final Order accepting and implementing the terms contained herein. ’ wwe sor400e Loi sg 850-418~1qyy DDH AGENCY CLERK PAGE 86/86 SIGNED this 2/_ payor “WKY , , 2002, Before me personally appeared AA £ < CMS Cont , whose identity is known to gre by. Leatoaby (type of identification), and who under oath, acknowledges that his/her signature appears above. Sworn to and subscribed by petitioner before me this 7°/ day of “4 . 2002. blic . JERRY LANG ly Commission Expires: S/ 7 jfe om APPROVED this “& ; ary ote John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health (1 Parmenatty Keown |] Geter 1.0, By: Amy Jon On Behalf of the Department of Health, Respondent Counsel for Respondent: Chetry A. Shaw Senior Attomey FBN: 0175031 Office of the Gencra) Counsel Depargnent of Health 4052 Bald Cypress Way, BIN #A02 Tallahassee, FL 32399-1703 (850) 245-4005 (850) 413-8743 fax

Docket for Case No: 02-002127