STATE OF FLORIDA DEPARTMENT OF HEALTH BOARD OF HEARING AID SPECIALISTS DEPARTMENT OF HEALTH, PETITIONER, Vs. CASE NUMBER: 2001-09636 KENT BROY, De 409 PC 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 KENT BROY, 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 456, Florida Statutes, (formerly Chapter 455, Part II; see Chapter 2000- 160, Laws of Florida), and Chapter 484, 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, a licensed hearing aid specialist, having been issued license number A.S. 2169. “3. Respondent’s last known address is 441 S. Banana River Boulevard, Cocoa Beach, FL 32931. 4. On February 8, 2001 patient S.K. visited a hearing aid establishment located at 3971 Jog Road in Green Acres, Florida (hereinafter referred to as the “establishment”) for the purpose of getting repairs to his Beltone Hearing aid. Respondent was present at that time. 5. The patient visited the establishment because there was a Beltone sign in front of the building. ‘ 6. Respondent sold S. K. a pair of Audibel hearing aids at the establishment while falsely advising the patient they were Beltone hearing aids. 7. The sales receipt provided to S. K. by Respondent at the time of the sale falsely advised the patient the Respondent was an “authorized Beltone dispenser” for purposes of complaints about the hearing aids. 8. The sales receipt Respondent provided the patient at the time of sale advised the patient concerning the patient’s right to a refund that “A return claim form may be obtained from the distributor at the location checked on the face of this agreement. A request for return must be submitted in writing, within 30 days.” 9. Asa matter of law a written request for a refund was not required fora hearing aid sold in the establishment on the date of sale. 10. Respondent used an unregistered fictitious name “Audibel Hearing Care Centers” on the sales receipt provided to the patient as the business the patient was buying the hearing aids from. “41. The sales receipt provided by Respondent did not contain or identify the guarantor for the 30 day refund privilege, nor did the sales receipt identify the brand, manufacturer or serial numbers for the hearing aids. 12. Within the 30 day trial period the patient requested a refund from Respondent and attempted to return the hearing aids, but was refused. COUNT I 13. Petitioner repeats and re-alleges paragraphs 1] through 12. 14. Respondent is guilty of fraud, deceit, and misconduct in the practice of hearing aid dispensing. 15. Based on the foregoing Respondent has violated section 484.056(1)(g) Florida Statutes (2000) by committing fraud, deceit, or misconduct in the practice of hearing aid dispensing. COUNT II 16. Petitioner repeats and re-alleges paragraphs 1] through 12. 17. Based on the foregoing Respondent has violated section 484.056(1)(k) Florida Statutes (2000) by using, causing or promoting the use of any representation that is misleading, deceiving, or untruthful. COUNT II 18. Petitioner repeats and re-alleges paragraphs 1 through 12. 19. Based on the foregoing Respondent has violated section 484.056(1)(h) Florida Statutes (2000) by violating Rule 64B6-7.005(1) Florida Administrative Code by making misleading representations about his services. . COUNT IV "20. Petitioner repeats and re-alleges paragraphs | through 12. 21. Based on the foregoing Respondent has violated section 484.056(1)(h) Florida Statutes (2000) by violating section 484.051(2) Florida Statutes (2000) by failing to provide a sales receipt containing the identity of the hearing aid guarantor, the brand, manufacturer and the serial numbers for the hearing aids delivered. COUNT V 22. Petitioner repeats and re-alleges paragraphs 1 through 12. 23. Based on the foregoing Respondent has violated section 484.056(1)(n) Florida Statutes by representation, advertisement, or implication that a hearing aid or its repair is guaranteed without providing full disclosure of the identity of the guarantor. WHEREFORE, Petitioner respectfully requests the Board of Hearing Aid Specialists 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 of the Respondent on probation, assess costs of investigation and prosecution, require corrective action and/or any other relief that the Board of Hearing Aid Specialists deems appropriate. SIGNED this {Stree of Raw , 2002. John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health ‘ancy M. Snurkowsi Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONER: weary L. Asbell, Senior Attorney gency for Health Care Administration Practitioner Regulation - Legal DEPARTMENT CLE REAL Building 3, MS39 : Le, 2727 Mahan Drive CLERK Uchi R, Keren Tallahassee, FL 32317-4229 DATE 32 fo2_ (850) 414-1981 GLA/rmj PoP “ Bolanos + Forder LGtt: Je 24-O7

Docket for Case No: 03-000402PL

Orders for Case No: 03-000402PL