STATE OF FLORIDA DEPARTMENT OF HEALTH ‘ BOARD OF HEARING AID SPEICIALISTS 03 fey nT Py by; be A v, e DEPARTMENT OF HEALTH, ADB NE is Ka; PETITIONER, TUNG S vs. CASE NUMBER: AS2000-09060 se DON STEPHENS, AS 0%tHd5 Fo 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 DON STEPHENS, AS, 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; 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 al] times material hereto a duly licensed Hearing Aid Specialist having been issued license number AS 0002599. 3. Respondent’s last known address is 3536, Florida Ave., Lakeland, FL 33801. a Respondent is the owner of Hearing World in Lakeland, FL, 5. - Respondent allowed Stephen Wright (an unlicensed person) to sell a pair of hearing aids to patient J.F. on March 1, 2000 for $5,700 and delivered on March 23, 2000. 6. Respondent did not provide a sales receipt to J.F. 7. J.F. returned the right hearing aid for a refund on or about April 12. 2000. 8. J.F. returned the left hearing aid fora refund on or about April 14, 2000, 9. JF. only received a $100 for a refund, 10. Atall times in March 2000 and up until April 22, 2000, Stephen Wright was not a hearing aid specialist or a trainee licensed by the Board of Hearing Aid Specialists. 11. Respondent assisted and employed Steven Wright and aided him in the practice of hearing aid dispensing by, among other things relative to the J.F. transaction, advertising, providing Wright with an office, Processing the returned hearing aids for a credit, causing a $100 refund, and operating the Hearing World business. 12. At all times material, until April 22, 2000; Steven Wright was prohibited by Section 484,053(1)(a), Florida Statutes from selling, dispensing, or delivering a hearing-aid in Florida. 13. Respondent has engaged in conduct unbecoming ofa licensed hearing aid Specialists and such conduct is below the minimal acceptable standards of the Board of Hearing Aid Specialists. ree it a ey EERE Ei EEA Sp COUNT I 13. Petitioner repeats and realleges paragraphs 1-12. 14.. Based on the foregoing, by allowing an unlicensed person to practice hearing aid dispensing, Respondent has violated Section 484.056(1)(g), Florida Statutes. COUNT Il 15. Petitioner repeats and realleges paragraphs 1-12. 16. Based on the foregoing, by knowingly employing an unlicensed person in the practice of hearing aid dispensing, Respondent has violated Section 484.053(1)(f, - (3), Florida Statutes, thereby violating Section 484.056(1)(h), Florida Statutes, COUNT It 17, Petitioner repeats and realleges paragraphs 1-12, 18. Based on the foregoing, by aiding an unlicensed person to practice hearing aid dispensing, Respondent has violated Section 455.624( 1)G), Florida Statutes. 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 of the Respondent on probation, assess costs of investigation and prosecution and/or any other relief that the Board deems appropriate. , 2001. SIGNED this 2M \Naay of Apel COUNSEL FOR PETITIONER: C. Rudolph C. Campbell, Senior Attomey [- Agency for Health Care Administration Practitioner Regulation - Legal 2727 Mahan Drive, Bldg. #3, MS-39 Tallahassee, FL 32308 FBN 0159824 (850) 410-3465 POP: Bo} Dates 3.) Robert G. Brooks, M.D. Secretary, Department of Health Nancy M. Snurkows’ Chief Attorney Agency for Health Care Administration DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Vihi hn enon DATE 4 [zso1 anes Yer don 5-0 |

Docket for Case No: 03-000405PL

Orders for Case No: 03-000405PL