LA AICOPL oA . STATE OF FLORIDA Oy DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF FUNERAL DIRECTORS AND EMBALMERS< <2. 22 ny, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petty. BOARD OF FUNERAL DIRECTORS Se GS AND EMBALMERS, ~ Petitioner, A> O64] PL vs. DBPR Case Number: 2001-03303 JOSEPH G. QUINN, Respondent. / ee ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Petitioner”) files this Administrative Complaint before the Board of Funeral Directors and Embalmers (“Board”) against J OSEPH G. QUINN (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the practice of funeral directing and embalming, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 470, Florida Statutes. 2. At all times material hereto, Respondent was licensed as a funeral director and embalmer in the State of Florida, having been issued license number FE-0003950. 3. Respondent's address of record is 1551 Northeast 40th Street, Fort Lauderdale, Florida 33334. 4. Respondent is a licensed funeral director for Lynn University. 5. In or around December 2000, Respondent embalmed the body of Madeline Post which was received from Professional Transport Service. 6 Respondent did not receive the aforementioned body from a licensed funeral} establishment. 7. The embalming release for the aforementioned body was substantially incomplete, including: a, Funeral home name is blank. b. Signature of removal service is blank and undated. c, Signature of funeral home is illegible. d. Signature of funeral home is dated 5 days after Respondent’s signature. COUNT I 8. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 9. Section 470.036(1)(g), Florida Statutes, states in pertinent part that committing fraud, deceit, negligence, incompetency, or misconduct, in the practice of any of the activities regulated under this chapter constitutes grounds for disciplinary action. 10. Based upon the foregoing, Respondent has violated Section 470.036(1)(g), Florida Statutes, by taking possession of Madeline Post’s body based solely on the substantially incomplete embalming release. COUNT It. Petitioner hereby realleges and incorporates paragraphs one {1) through seven (7) as if fully set forth herein. 12. Section 470.036(1)(h), Florida Statutes, states in pertinent part that a violation or repeated violation of this chapter or of chapter 455 and any rules promulgated pursuant thereto constitutes grounds for disciplinary action. 13. "Based upon the foregoing, the Respondent has violated Section 470.036(1)(h), Florida Statutes. COUNT I 14, Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 15. Section 470.036(1)(t), Florida Statutes, states in pertinent part that embalming a deceased human body without first having obtained written or oral permission from a legally authorized person constitutes grounds for disciplinary action. 16. Based upon the foregoing, Respondent has violated Section 470.036(1)(t), Florida Statutes, by embalming Madeline Post’s body based solely on the substantially incomplete embalming release. WHEREFORE, Petitioner respectfully requests the Board of Funeral Directors and Embalmers 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 not to exceed $5,000 per violation, issuance of a reprimand, placement of the Respondent on probation, assessment of costs association with the investigation, imposition of any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 455 and/or 470, Florida Statutes, and/or the rules promulgated thereunder. Signed this Pad day of FILED Department of Business and Professional Regulation AGENCY ‘CLERK Chief Professions Attorney Florida Bar Number 0909289 CuRK Soathy A Wewhomt on DATE. le - 11-2002. % COUNSEL FOR DEPARTMENT: Laura P. Gaffney Assistant General Counsel Florida Bar Number 437867 Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 (850) 414-8128 GSH:LPG/kms PCP: hal phe QealCriig d| Z 4 OA”

Docket for Case No: 03-000604PL