oo-iod STATE OF FLORIDA 2. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIERE ; BOARD OF FUNERAL DIRECTORS AND EMBALMERS OE: DEPARTMENT OF BUSINESS AND : & PROFESSIONAL REGULATION, a Petitioner, vs. Case No. 99-04223 FREEMAN FUNERAL HOME, | Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (hereinafter Petitioner"), files this Administrative Complaint before the Board of Funeral Directors and Embalmers against FREEMAN FUNERAL HOME, (hereinafter "Respondent"), and alleges: 1. Petitioner is the state agency charged with regulating the practice of funeral directing and embalming, and the operation of funeral establishments, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 470, Florida Statutes. 2. The Respondent, Freeman Funeral Home, is and has been at all times material hereto, a licensed funeral establishment in the State of Florida, having been issued license number FH 0001845. 3. The Respondent’s address of record is 738 Hammondville Road, Pompano Beach, Florida 33060. 4. Pursuant to Rule 61G8-21.002, Florida Administrative Code, and Section 470.024(10), Florida Statutes, Department of Business and Professional Regulation Inspector Joseph Murphy performed a routine inspection of the Respondent establishment on May 5, 1999. <” 5. Inv. Murphy inspected the Respondent’s paperwork and the public areas of the establishment, and observed them to be in order. 6. Inspector Murphy investigated the preparation room of the establishment. At the time of the inspection one body was in the preparation room. 7. There were numerous dirty gurneys in the preparation room at the time of the inspection. 8. At the time of the inspection the preparation room was not in a clean and/or sanitary condition, as evidenced by, but not limited to, the following conditions that were found by Inspector Murphy:. A. During the inspection of the preparation room, Inv. Murphy observed that despite the fact that there was a dead human body in the room, that it was very hot, the air conditioning was not in use, and the room had an objectionable odor. B. The preparation table in the room was dirty, and had a red substance on it. It did not appear to have been cleaned after its last use. C. A stainless steel gurney in the preparation room had a dried piece of paper on it and a dried brown substance that appeared to Inspector Murphy to be human waste. It was also dirty and had dried substances and dirty instruments on it. D. Towards the rear of the preparation room, was another gurney that had a large amount of dried red substance on it that appeared to be dried blood. It was also dirty, and did not appear to have been cleaned after its last use. E. In the preparation room there was also an open box of medical instruments which also had a dried red substance on them, that appeared to be blood and/or embalming fluid. The instruments were dirty and/or unsanitary. F. Near the open box of medical instruments, was another instrument which appeared to be a dirty vein tube. G. At the time of the inspection, one dead human body was in the preparation room. Inv. Murphy took a picture of the body with his head being supported by a two by four block of wood. A block of wood is not a clean and/or sanitary, and/or appropriate material to use for a head rest for a dead human body. H. The injection machine in the embalming room was dirty and/or unsanitary, and was observed to have a dried red substance on it. I, The injection machine had not been properly cleaned after its last use. J. The floor in the preparation room was dirty and/or unsanitary, and had numerous red substance stains on it that appeared to Inspector Murphy to be dried blood. K. The gurneys in the preparation room were not in a clean and/or sanitary condition. 9. Inspector Murphy asked to be shown a sealed container for the transportation of contagious cases and was shown an unsealed plastic lined sheet that was unraveled on the shelf in the preparation room. 10.. The plastic lined sheet was not in a sealed container and was inadequate to prevent the seepage or emission of offensive fluids or odors, and the Respondent failed to have on site or immediately available sufficient sealed containers of a type required for the transportation of bodies which is adequate to prevent the seepage or emission of offensive fluids or odors. 11. While the Respondent facility had a refrigeration room, Inspector Murphy witnessed and photographed that there was no door leading into the refrigeration room. COUNT I 12. Petitioner realleges and incorporates paragraphs one through eleven as though fully set forth in Count I. 13. Rule 61G8-21.003(1)(c), Florida Administrative Code, requires the preparation room floors in a funeral establishment to be sanitary, and Rule 61G8- 21.003(1)(h), Florida Administrative Code, requires that a preparation room be maintained in “a clean and sanitary condition.” 14. Based upon the foregoing, the Respondent violated Section 470.036(1)(h), Florida Statutes, by violation of a rule promulgated pursuant to Chapter 470, to wit, violation of Rule 61G8-21.003(1)(c), Florida Administrative Code, by failing to have a sanitary floor in the preparation room, and/or violation of Rule 61G8-21.003(1)(h), Florida Administrative Code, by failing to maintain the preparation room in a clean and sanitary manner. COUNT II 15. Petitioner realleges and incorporates paragraphs one through eleven as though fully stated herein. 16. Rule 61G8-21.003(4), Florida Administrative Code, requires a funeral establishment to have on site or immediately available sufficient sealed containers of a type required for the transportation of bodies which is adequate to prevent the seepage or emission of offensive fluids or odors. 17. Based upon the foregoing, the Respondent violated Section 470.036(1)(h), Florida Statutes, by violation of a rule promulgated pursuant to Chapter 470, to wit, violation of Rule 61G8-21.003(4), Florida Administrative Code. COUNT II 18. Petitioner realleges and incorporates paragraphs one through eleven as though fully stated herein. 19. Based on the foregoing, the Respondent has violated Section 470.036(1)(g), Florida Statutes, by committing negligence, incompetency, or misconduct, in the practice of the operation of a funeral establishment. 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 associated with investigation and prosecution, imposition of any or all penalties delineated weibin , Section 455.227(2), Florida Statutes, and/or any other relief that the Board is sHized / ’y Mi bes to impose pursuant to Chapters 455, and/or 470, Florida Statutes, and/or Sues a . fe aco! , 1999, promulgated thereunder. i Signed this Qe day of COUNSEL FOR DEPARTMENT: Elizabeth Masters Senior Attorney Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 . ennassees FL 32399-2022 P fl .y- ECM/cwg Int 4 Y SMe By: Tom Thomas Chief Attorney FILED Department of Business and Professional Regulation DEPUTY CLERK cusme render Michele DATE \A-30 -

Docket for Case No: 03-001982