STATE OF FLORIDA AGENCY FOR HEALTH CARE ADR bs 22 A eae : a STATE OF FLORIDA, AGENCY FOR A. HEALTH CARE ADMINISTRATION, oO y = Petitioner, , a vs. AHCA NO. 2005001490 ‘ BEST CARE WOMEN’S CENTER INC. d/b/a BEST CARE WOMEN’S CENTER INC. (\ s | of | 7 Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Agency for Health Care Administration (hereinafter “AHCA”), by and through the undersigned counsel, and files this Administrative Complaint against BEST CARE WOMEN’S CENTER INC. (hereinafter “Best Care” or “Respondent”) pursuant to Sections 120.569 and 120.57, Florida Statutes (2004) and alleges: NATURE OF THE ACTION 1. This is an action to revoke Respondent’s license to operate an abortion clinic pursuant to Sections 390.017, 390.011(2), 390.011(3)(a)1 and 390.011(7) Fla. Stat. (2004) and Rule 59A-9.023, Fla. Admin. Code (2004). 2. The action is based on information received during and subsequent to an investigation commencing on or about December 28, 2004 by the Department of Health. This investigation is ongoing. JURISDICTION AND VENUE 3. This Court has jurisdiction pursuant to Section 120.569 and 120.57 Florida Statutes (2004) and Chapter 28-106 Florida Administrative Code (2004). 4. Venue will be determined pursuant to Rule 28-106.207, Fla. Admin. Code. (2004). PARTIES 5. AHCA is the enforcing authority with regard to abortion clinic licensure law pursuant to Chapter 390, Fla. Stat. (2004), and Rules 59A-9.018 through 59A-9.034, Fla. Admin. Code (2004). 6. At all times material hereto, Best Care was an abortion clinic located at 8380 SW 8" Street, Miami, FL 33144, having been issued license number 866 and was required to comply with Chapter 390, Fla. Stat. (2004) and Rules 59A-9.018 through 59A-9.034, Fla. Admin. Code (2004). COUNT I THE ABORTION CLINIC ALLOWED UNLICENSED PERSONNEL TO CONDUCT ABORTIONS, IN VIOLATION OF Sections 390.0111(2), 390.011(3) (a)1 and 390.017, Fla. Stat. (2004) and Rule 59A-9.023, Fla. Admin. Code (2004) 7. Petitioner adopts paragraphs one (1) through six (6) as if they were incorporated herein. 8. The Department of Health conducted an independent investigation based upon a complaint that Kieron Nisbit, who is not a licensed physician in the state of Florida, was conducting abortion procedures at Best Care. The investigation revealed that at least one abortion was performed at Best Care by Nisbit on November 6, 2004. 9. A patient of the clinic, identified as S.O., was interviewed by a Department of Health investigator. She picked Kieron Nisbit out of a photo lineup as the “doctor” who performed her abortion. An AHCA surveyor went to the clinic, and upon record review failed to find a medical record for this witness. However, the Department of Health had already retrieved a copy of the record. Additionally, one patient identified as B.P. was treated by a “Dr.” Robelto Osbome on or about November 5, 2004 at Best Care. Dr. Osborne’s medical license was revoked on August 17, 2004, and has not been reinstated. 10. — Section 390.0111(2), Florida Statutes (2004) provides: PERFORMANCE BY PHYSICIAN REQUIRED. No termination shall be performed at any time except by a physician as defined in s. 390.011. Section 390.011(3)(a)1, Florida Statutes (2004) provides in pertinent part: CONSENTS REQUIRED.- A termination of pregnancy may not be performed or induced except with the voluntary and informed written consent of the pregnant woman... (a) Except in the case of a medical emergency, consent to a termination of pregnancy is voluntary and informed only if: 1. The physician who is to performed the procedure, or the referring physician, has at a minimum, orally, in person, informed the woman... Section 390.011(7), Fla. Stat. (2004) defines: “Physician” means a physician licensed under chapter 458 or chapter 459 or a physician practicing medicine or osteopathic medicine in the employment of the United States. Section 390.017, Florida Statutes (2004) provides: Grounds for suspension or revocation of license-—The license of an abortion clinic may be revoked, or may be suspended for a period not to exceed 2 years, or the agency may refuse to renew such license, if it is determined in accordance with the provisions of chapter 120 that the clinic has violated a provision of this chapter or any rule or lawful order of the agency. Rule 59A-9.023, Florida Administrative Code (2004) states: Clinical Staff and Consultants. Abortions shall be performed only by a licensed physician. 11. Respondent has violated both the statutes and the rule and under the statute revocation of the license is an appropriate remedy. CLAIM FOR RELIEF WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration requests the Court to order the following relief: Findings of fact and law as alleged in count one, revocation of Respondent’s abortion clinic license, pursuant to Section 390.017, Florida Statutes (2004) and such other relief as the Court deems just and appropriate. Respectfully submitted on this AS aay of February, 2005. owler, Senior Attorney da Bar No. 339067 Agency for Health Care Administration 2295 Victoria Street, Room 346C Fort Myers, FL 333401 Phone: (239) 338-3203 Fax: (239) 338-2372 NOTICE The Respondent BEST CARE WOMEN’S CENTER INC. is notified that it has a right to request an administrative hearing pursuant to Section 120.569, Florida Statutes. Specific options for administrative action are set out in the attached Election of Rights (one page) and explained in the attached Explanation of Rights (one page). All requests for hearing shall be made to the Agency for Health Care Administration, and delivered to the Agency for Health Care Administration, 2727 Mahan Dr., Bldg. 3, MSC 3, Tallahassee, Florida, 32308; Attention: Agency Clerk. THE RESPONDENT IS FURTHER NOTIFIED, IF THE REQUEST FOR HEARING IS NOT RECEIVED BY THE AGENCY FOR HEALTH CARE ADMINISTRATION WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THIS ADMINISTRATIVE COMPLAINT, A FINAL ORDER WILL BE ENTERED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original Administrative Complaint, Explanation of Rights form, and Election of Rights forms have been hand delivered and mailed by certified mail, return receipt requested (7003 1010 0000 9716 0786) to: Jose R. Rodriguez, Registered Agent, 8124 S.W. 199 Terrace, Miami, FL 33189 and by certified mail, return receipt requested (7004 1160 0002 9081 1136) and by hand delivery to: Magaly Gil, Administrator, Best Care Women’s Center, 8380 SW 8" Street, Miami, FL 33144. Respectfully submitted on this LS day of February, 2005. Onn Prue Fowler, Senior Attorney RE: Best Care Women’s Center Inc. AHCA no. 2005001490 EXPLANATION OF RIGHTS UNDER SEC. 120.569, FLORIDA STATUTES (To be used with the attached Election of Rights form) In response to the allegations set forth in the Administrative Complaint issued by the Agency for Health Care Administration (“AHCA” or “Agency”), Respondent must make one of the following elections within twenty-one (21) days from the date of receipt of the Administrative Complaint and your Election of Rights in this matter must be received by AHCA within twenty-one (21) days from the date you receive the Administrative Complaint. Please make your election on the attached Election of Rights form and return it fully executed to the address listed on the form. OPTION 1. If Respondent does not dispute the allegations in the Administrative Complaint and Respondent elects to waive the right to be heard, Respondent should select OPTION 1 on the election of rights form. A final order will be entered finding you guilty of the violations charged and imposing the penalty sought in the Complaint. You will be provided a copy of the final order. OPTION 2. If Respondent does not dispute any material fact alleged in the Administrative Complaint (Respondent admits all the material facts alleged in the Administrative Complaint.), Respondent may request an informal hearing pursuant to Section 120.57(2), Florida Statutes before the Agency. At the informal hearing, Respondent will be given an opportunity to present both written and oral evidence to reduce the penalty being imposed for the violations set out in the Complaint. For an informal hearing, Respondent should select OPTION 2 on the Election of Rights form. OPTION 3. If the Respondent disputes the allegations set forth in the Administrative Complaint (you do not admit them) you may request a formal hearing pursuant to Section 120.57(1), Florida Statutes. To obtain a formal hearing, Respondent should select OPTION 3 on the Election of Rights form. In order to obtain a formal proceeding before the Division of Administrative Hearings under Section 120.57(1), F.S., Respondent’s request for an administrative hearing must conform to the requirements in Section 28-106.201, Florida Administrative Code (F.A.C), and must state the material facts disputed. IF YOU SELECT OPTION 3, PLEASE CAREFULLY READ THE FOLLOWING PARAGRAPH: In order to preserve the right to a hearing, Respondent’s Election of Rights in this matter must be RECEIVED by AHCA within twenty-one (21) days from the date Respondent receives the Administrative Complaint. If the election of rights form with Respondents selected option is not received by AHCA within twenty-one (21) days from the date of Respondent’s receipt of the Administrative Complaint, a final order will be issued finding the deficiencies and/or violations charged and imposing the penalty sought in the Complaint. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ™ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. A. Signature ™ Print your name and address on the reverse D-Addiass so that we can return the card to you. Deli ™@ Attach this card to the back of the mailpiece, Name) Relive or on the front if space permits. 1. Article Addressed to: SE 2. Ko LY GUEZ EGIS TERE!) AGENT Flak DLO, 799 TekeACE Vv ami, FLIER Fup 9 BEST CARE Women’ CENTER D. Is delivery address different from item 1? it YES, enter delivery address below: 0] No B0oS0O/¥G2 D Retum Receipt for Merchandi: © Insured Mail «=O G.0.0. 4. Restricted Delivery? (Extra Fee) QO Yes 2. Atticlé Number (Transter from service label) 7003 1010 oo00 9714 O?8b PS Form 381 1, February 2004 Domestic Return Receipt _ 102595-02-M-15 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ™ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ™ Print your name and address on the reverse so that we can return the card to you. ™ Attach this card to the back of the mailpiece, or on the front if space permits. A Signature 9 "1 Xx Sifee : Bat ohed by (Printed Name) Viera C. Bate obpelne 0. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: No 1. Article Addressed to: 8 OOS 06/9 A Bet Cur. Comins, On Lid 8360 Sw et Van, PF Crclad 2. Article Number (Transter trom service labo) 7004 LLLO 0002 9082 1136 : PS Form 3811, February 2004 Domestic Return Receipt 102695-02-M-1* D Express Mail C2 Retum Receipt for Merchandi Ocoo. D Yes

Docket for Case No: 05-001515