23922382745 07/07/83 1@:S53am P. Q02 STATE OF FLORIDA LE =D DEPARTMENT OF HEALTH 999 Jy 9, PM 9. l0 DIVis 10} DEPARTMENT OF HEALTH, ‘otis Hi é ie Petitioner, EA PIN GS yy VS. DOH Case No.:-2603=— OD DUGY MICHAEL AUREL ROSIN, M.D., Respondent. / SARASOTA COUNTY ADMINISTRATIVE COMPLAINT Nature of the Case YOU ARE HEREBY NOTIFIED that this is an administrative action for the imposition of an acministrative fine pursuant to Section 381.0098(7) Florida Statute and Rule 64E-16.013 Florida Administrative Code. This case arises from the Respondent's failure to maintain minimum standards set forth by the Florida Statute and Florida Administrative Code regulating the management of biomedical waste. Factual Allegations as to All Counts 1. Petitioner, State of Florida, Department of Health, Sarasota County Health Department is the administrative agency of the State of Florida charged with the duty to enforce the provisions of Chapter 381 Florida Statute, and Chapter 64E-16 Florida Administrative Code. 2. The Respondent, Michael Aurel Rosin, M.D. is a medical doctor and operates a medical practice located at 1966 Hillview Street, Sarasota, Florida 34239, in Sarasota County, F lorida, which generates biomedical waste. Pursuant to Section 381.0098 (4) Florida Statute, the Respondent is exempt from registration and fee requirements and obtained and exemption ID#58-64-00577 from the Department of Health. Respondent is subject to all other requirements of Section 381.0098 Florida Statutes and Chapter 54E-16 Florida Administrative Code. 3. On June 13, 2003, the Department of Health conducted an inspection at the Respondent's medical office and determined that biomedical waste generated by the Respondent had been illegally disposed of by the Respondent. The Respondent’s biomedical waste observed 2393382745 O7/87/7@3 12:S3am FP. 803 Page 2 of 3 in trash cans placed curbside for pickup included but was not limited to, at least one white bag, containing biomedical waste that was not properly disposed at the point of origin, including a bloody gloves, blood soaked guaze, and bloddy tissue. See, Attachment “A” attached and incorporated herein. The Respondent's acts and practices described in this paragraph violate the minimum standards set forth in Rule 64E-16.003 Florida Administrative Code requiring the Respondent to implement and follow its written operating plan for managing biomedical waste, the minimum standards set forth in Rule 64E-16.004 Florida Administrative Code for containment and storage, the minimum standards set forth in Rule 64E-16.005 Florida Administrative Code for labeling, and the minimum standards set forth in Rule 64E-16.006 Florida Administrative Code for transport and treatment. The Department of Health hereby imposes a One Thousand Dollar ($1,000.00) fine for these violations of law. Request for Relief Wherefore, the Department of Health hereby imposes a One Thousand Dollar ($1,000.00) fine, pursuant to Section 381.0098(7) Florida Statute and Rule 64E-16.013 Florida Administrative Code, for the violations stated herein. . Total fine imposed herein, is due and payable within 21 days of receipt of this Complaint to the Sarasota County Health Department, Office of Environmental Health and Engineering, 1301 Catrlemen Road, Sarasota, Florida, 34232, Attention Homer Rice. Done this 26th day of June 2003 by the Department of Health, Sarasota County Health Department. STATE OF FLORIDA DEPARTMENT OF HEALTH Soasna (Masha Geitt SUSAN MASTIN SCOTT Florida Bar #0000736 Chief Legal Counsel 2295 Victoria Avenue, Room 206 Fort Myers, Florida 33901 (239) 338-2743 (239) 338-2745 facsimile Rosen 6-23-03 2393382745 97707703 10:53am P. 004 - Page 3 of 3 CERTIFICATE OF SERVICE [hereby certify that the true and original Administrative Complaint herein was furnished to Michael A. Rosen, M.D., 1966 Hillview Street, Sarasota, FL 34239 via Federal Express # WD Tedd 197 _ this 26th day of June 2003. Susana Mecha, Scott Susan Mastin Scott NOTICE OF RIGHTS TO APPEAL A party whose substantial interest is affected by this order may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Fla. Stat. Such proceedings are governed by Rule 28-106, Florida Administrative Code. A petition for administrative hearing must be in writing and must be received by the Agency Clerk for the Department, within twenty-one (21) days from the receipt of this order. The address of the Agency Clerk is 4052 Bald Cypress Way, BIN # A02, Tallahassee FL 32399-1703. The Agency Clerk’s facsimile number is 850-410-1448. Mediation is not available as an alternative remedy. Your failure to submit petition for hearing within 21 days from receipt of this order will constitute a waiver of your right to an administrative hearing, and this order shall become a "final order.” ; Should this order become a final order, a party who is adversely affected by it is entitled to judicial review pursuant to section 120.68, Fla. Stat. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings may be commenced by filing one copy of a Notice of Appeal with the Agency Clerk of the Department of Health and a second copy, accompanied by the filing fees required by law, with the Court of Appeal in the appropriate District Court. The notice must be filed within 30 days of rendition of the final order. Rosen 6-23-03 2393382745 @7/@7/03 10:53am P. G25 DEPARTMENT OF HEALTH BIOMEDICAL WASTE GENERATORTRANSPORTERSTOREGE 0 PURPOSE: . INSPECTION REPORT Et > ROUTINE > REINSPECTION > CONSTRUCT. «C2 CHANGE OF OWNER OR COMPLAINT Ca CONST TATION 03 JUL 21 PM 3 3 Ye ts T] QASURVEY 3 EPIDEMIOL OWVIS/ON o- TS OTHER i i Satisfactory ‘= Incomplete Unsatisfactory Correet Viulatinns by > Next Inspection C2 BAN on: J Letter af Comptinnes by: DATE Sue 2 Treat eyher = OLTOFETSINEss | =} ae Plows ME seriou! Doswg CS Osteapaih SS Abortion Clini: aM GS Natseinaenan Sl Dea CS Beane Health C3 Piher 3 Digtysts Clinics Co Tatiody Pence SS heduurist & Save bsheramry/Cunte Ca Binad nk —— tems marked below viclate the mquirentents of Chapter 64E-16 of the Florida Administrative Code and must be corrected. Continued operation of this faciliry whthout moking these corrections (t ¢ ylolation of Chapter 64E-16 of the Florida Administrattve Code and Chapters 381, and 386 of the Florida Stantes, Violations must he corrected as indleated in the Results section above. or a citation, administrative fine, or other legal action will be initiated, Co OD. Lubeting CS 12. Oller iets Pha CD A.C untsinees = wer starfTeanspin ! t ; ; | = 1. Pernt serupingdtegistn ion om Ry COT UE. Treatatent Ahoheds : wo 4 ett Vehiclet ss ITEM COMMENTS AND INSTRUCTIONS ete { . PA Lane NUMBERS : : {continue On attached shect) Cf_ 7 uper— AS 1 OS) observed ‘Gaal ) wes bfrad Scaked Gauze + Lead, CS Stee. — Phen eX edty Sith — ted Safe vemeie Sftam _putiide Trek Ga y Plate s' Red b2p a A SRfE tte db t Hhompsan + Catalyn Feltadm Eelintom | Reterved a Seca Cruphrat (all Ce; 1 gal oly’ af oP fini — abServed shove tems es ae tral bags ___let Curbside Sh angeles acl ENPLOTION ONDE OCEED RY enn. a he mo ZF tA eter Prevetus EUINE aps ars. 24 Pea CMD/HEAQQUARTERS J CT - ATTACHMENT "A" ; - 2393382745 7/07/03 10:S3am P. O86 From: Susan Scott (239)33-2730 REVENUE BARCODE , FLORIDA DEPARTMENT OF HEALTH 2295 Mctarie Avenue, Rocm 206 Feds, Fort Myers, FL, 33901 To: Michael A. Rosin, MD (941)365-9060 SHIP DATE: 26JUNO3 1966 Hillview Street WEIGHT: 1 LBS qnurasota, FL, 34233 OT as TRK # 7922 7632 7770 55m he Deliver by: we-rius KH SRG A iii A Shipping Label: Your shipment is complete 1. 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Written ciaims must be filed within strict time | , See current FedEx Service Guide. 2393382745 @77077@3 18:S3am P. @07 United States Home Information Center | Customer Sup Transit Time jf} lntermatiens: Track Shipments @ Printable Version @) Quick Help Detailed Results You can also track Tracking number 792276327770 Reference number SARASOTA EH Signed for by C.FERRARA Delivered to Recept/Fmt desk Ship date Jun 26, 2003 Delivery location SARASOTA FL Delivery date/time Jun 27, 2003 1:40 pm Service type Standard Envelope Track other FedE» Date/tine Status Location Comments © FedEx Cust: Jun 27,2003 1:40pm Delivered SARASOTA FL shipments 8:17am On FedEx vehicle for delivery SARASOTA FL © Fed&x Trad) 8:01am _—_Arrived at FedEx Destination Location SARASOTA FL . foment 6:24 am Left FedEx Ramp TAMPA FL. _ ~ 5:36 am Arrived at FedEx Ramp TAMPA FL 4:03 am Left FedEx Sort Facility MEMPHIS TN 1:30 am Left FedEx Sort Facility MEMPHIS TN Jun 26,2003 6:11 pm Picked up by FedEx FORT MYERS FL Wrong Address? Reduce future mistal FedEx Address Che: Emait your detailed tracking results (optional) Enter your email, su‘mit up to three email addresses (separated by commas), add your message (optional), and click Send email. From a To a eens os Add a message to this email. Glcbal Home | Service Info | About FedEx | Investor Relations | Careers | fedex.com Terms of Use { Privacy Policy This site is pro:ected by copyright and trademark laws under U.S. and International taw. All rights reserved. © 1995-2003 FedEx 2399282745 O77@7/23 18:53am P. @@1 FLORIDA DEPARTMENT OF a) Jeb Bush John ©. Agwunobi, M.D., M.B.A. Governor __ Secretary Fax Cover Sheet DATE: ie / O23 ; TO: ate Iewwer a ima VAC Hehbu wie’ PHONE: FAX: FROM: Tanya S. Baer, Paralegal Specialist Legal Office, Southwest Alliance of County Health Departments PHONE: (239) 338-2730 or SC 748-2730 FAX: (239) 338-2745 or SC 748-2745 re: Michael Rosan Number of pages including cover sheet: a Message: Fry iS Saale pad, | This fax transmission may contain material that is confidential under Florida and Federal Statutes and is intended to be|delivered only to the named addressee. Unauthorized use of this information may be a violation of criminal statutes. If this information is received by anyone else other than the named addressee, the recipient should immediately notify the sender at the telephone number above and obtain instruction as to the disposal thereof. Under no circumstances should this material be shared retained or copied by anyone other than the named addressee. 2295 Victoria Avenue, Room 206 Ft. Myers, Florida 33901

Docket for Case No: 03-002668