Petitioner: A
Respondent: FLORIDA MEDICAL TRAINING
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Jun. 08, 2005
Status: Closed
Recommended Order on Wednesday, August 3, 2005.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA me on eae
BUREAU OF EMERGENCY MEDICAL SERVICES | Taw
DEPARTMENT OF HEALTH,
Petitioner, ,
vs. Case No. 2004-0011 ~~,
FLORIDA MEDICAL TRAINING i\ 77, i Coy
INSTITUTE, ae JOXS aoe
Respondent. wee ae
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ADMINISTRATIVE COMPLAINT
COMES NOW Petitioner, Department of Health, (hereinafter “Petitioner”) by and
through its undersigned attorneys and files its Administrative Complaint against
Respondent, FLORIDA MEDICAL TRAINING INSTITUTE, (hereinafter “Respondent”)
and alleges:
NATURE OF THE ACTION
1. This is an action to impose administrative penalties and assess costs
related to the investigation and prosecution of the allegations against Respondent
pursuant to Section 401.411, Florida Statutes.
JURISDICTION AND VENUE
2. This tribunal has jurisdiction pursuant to Sections 120.569 and 120.57,
Florida Statutes.
3. Venue shall be determined pursuant to Rule 28-106.207, Florida
Administrative Code.
PARTIES
4. Petitioner is the state agency charged with regulating emergency medical
services pursuant to Section 20.43, Florida Statutes, and Chapters 120 and 401,
Florida Statutes.
5. At all times material hereto Respondent has been approved to conduct
emergency medical services training programs in Melbourne, Florida.
6. Respondent's last known address is 478 Ballard Drive, Melbourne, Florida
32935.
LAW
7. Section 401.2701 of the Florida Statutes governs emergency medical
services training programs in the State of Florida. Section 401.2701 of the Florida
Statutes provides as follows:
(1) Any private or public institution in Florida desiring to conduct an approved program
for the education of emergency medical technicians and paramedics shall:
(a) Submit a completed application on a form provided by the department, which must
include:
1. Evidence that the institution is in compliance with all applicable requirements of the
Department of Education.
2. Evidence of an affiliation agreement with a hospital that has an emergency
department staffed by at least one physician and one registered nurse.
3. Evidence of an affiliation agreement with a current Florida-licensed emergency
medical services provider. Such agreement shall include, at a minimum, a commitment
by the provider to conduct the field experience portion of the education program.
4, Documentation verifying faculty, including:
a. A medical director who is a licensed physician meeting the applicable requirements
for emergency medical services medical directors as outlined in this chapter and rules
of the department. The medical director shall have the duty and responsibility of
certifying that graduates have successfully completed all phases of the education
program and are proficient in basic or advanced life support techniques, as applicable.
2
b. A program director responsible for the operation, organization, periodic review,
administration, development, and approval of the program.
5. Documentation verifying that the curriculum:
a. Meets the course guides and instructor's lesson plans in the most recent Emergency
Medical Technician-Basic National Standard Curricula for emergency medical
technician programs and Emergency Medical Technician-Paramedic National Standard
Curricula for paramedic programs.
b. Includes 2 hours of instruction on the trauma scorecard methodologies for
assessment of adult trauma patients and pediatric trauma patients as specified by the
department by rule.
c. Includes 4 hours of instruction on HIV/AIDS training consistent with the requirements
of chapter 381.
6. Evidence of sufficient medical and educational equipment to meet emergency
medical services training program needs.
(b) Receive a scheduled site visit from the department to the applicant's institution.
Such site visit shall be conducted within 30 days after notification to the institution that
the application was accepted. During the site visit, the department must determine the
applicant's compliance with the following criteria:
1. Emergency medical technician programs must be a minimum of 110 hours, with at
least 20 hours of supervised clinical supervision, including 10 hours in a hospital
emergency department.
2. Paramedic programs must be available only to Florida-certified emergency medical
technicians or an emergency medical technician applicant who will obtain Florida
certification prior to completion of phase one of the paramedic program. Paramedic
programs must be a minimum of 700 hours of didactic and skills practice components,
with the skills laboratory student-to-instructor ratio not exceeding six to one. Paramedic
programs must provide a field internship experience aboard an advanced life support
permitted ambulance.
(2) After completion of the site visit, the department shall prepare a report which shall
be provided to the institution. Upon completion of the report, the application shall be
deemed complete and the provisions of s. 120.60 shall apply.
(3) If the program is approved, the department must issue the institution a 2-year
certificate of approval as an emergency medical technician training program or a
paramedic training program. If the application is denied, the department must notify the
applicant of any areas of strength, areas needing improvement, and any suggested
means of improvement of the program. A denial notification shall be provided to the
applicant so as to allow the applicant 5 days prior to the expiration of the application
processing time in s. 120.60 to advise the department in writing of its intent to submit a
plan of correction. Such intent notification shall provide the time for application
processing in s. 120.60. The plan of correction must be submitted to the department
within 30 days of the notice. The department shall advise the applicant of its approval or
3
denial of the plan of correction within 30 days of receipt. The denial of the plan of
correction or denial of the application may be reviewed as provided in chapter 120.
(4) Approved emergency medical services training programs must maintain records and
reports that must be made available to the department, upon written request. Such
records must include student applications, records of attendance, records of
participation in hospital clinic and field training, medical records, course objectives and
outlines, class schedules, learning objectives, lesson plans, number of applicants,
number of students accepted, admission requirements, description of qualifications,
duties and responsibilities of faculty, and correspondence.
(5) Each approved program must notify the department within 30 days of any change in
the professional or employment status of faculty. Each approved program must require
its students to pass a comprehensive final written and practical examination evaluating
the skills described in the current United States Department of Transportation EMT-
Basic or EMT-Paramedic, National Standard Curriculum. Each approved program must
issue a certificate of completion to program graduates within 14 days of completion.
§401.2701, Fla. Stat.
8. Rule 64E-2.036 of the Florida Administrative Code (F.A.C.) also governs
emergency medical services training programs in the State of Florida. Rule 64E-2.036,
F.A.C. provides as follows:
(1) Qualifications and procedures for EMT and paramedic training programs in addition
to those contained in Section 401.2701, F.S., are as follows:
(a) Each applicant shall demonstrate that EMT and paramedic students are not subject
to call while participating in class, clinical or field sessions.
(b) Each applicant shall demonstrate that each EMT and paramedic student function
under the direct supervision of an EMS preceptor and shall not be in the patient
compartment alone during patient transport and shall not be used to meet staffing requirements.
(c) Each applicant shall receive a scheduled site visit by the department. Any
paramedic training program that is accredited by the Committee on Accreditation of
Educational Programs for the Emergency Medical Services Professions (CoAEMSP)
has the option to request that the department schedule its site visit to the institution in
conjunction with the CoAEMSP site visit to avoid duplication of effort and unnecessary
interruption of the student learning environment.
(d) Course directors shall submit a roster of students eligible to take the state
certification examination to the department within 14 days after course completion but
not before course completion. This roster shall be signed by the program director.
4
(2) To be approved as an EMT Training Program, an entity shall submit a completed
DH Form 1698E, April 02, Application for Approval of an Emergency Medical
Technician - Basic (EMT-B) Training Program, which is incorporated by reference and
available from the department.
(3) To be approved as a Paramedic Training Program, an entity shall submit a
completed DH Form 1698P, April 02, Application for Approval of an Emergency Medical
Technician-Paramedic (EMT-P) Training Program, which is incorporated by reference
and available from the department.
(4) If any changes of the training program are made to the application on file as
approved by the department, then these changes shall be submitted to the department
for review of compliance within 30 days of the change.
(5) Commencing with the effective date of this rule and expiring Decernber 1 of even
numbered years thereafter, entities not licensed as an emergency medical services
provider or a department approved Florida training program shall be approved to
conduct EMT or paramedic recertification training providing they meet the requirements
contained in Section 401.2715, F.S., and this section. To be approved as an EMS
Recertification Training Program, each applicant shall:
(a) Submit DH Form 1698C, February 2001, Application for Review of Continuing
Education Offering which is incorporated by reference and available from the department.
(b) Submit a non-refundable fee of $ 300 for approval of continuing education which is
valid for a period of 2 years concurrently with the EMT and paramedic recertification cycle.
(c) Submit the following for each course offering:
4. Behavioral objectives:
a. Describe expected learner outcomes in terms that can be evaluated, are attainable
and are relevant to current US DOT NSC.
b. Determine teaching methodology and plan for evaluation.
2. Subject matter:
a. Shall reflect the professional educational needs of the student.
b. Currency and accuracy will be documented by references/bibliography.
3. Faculty qualifications:
a. Provide evidence of academic credentials or expertise in the subject matter.
b. When the subject matter includes advanced life support, a physician, nurse or
paramedic with expertise in the content area shall be involved in the planning and instruction.
4. Medical Direction:
a. Provide evidence of current contract with a physician who has experience in
emergency medicine, trauma or appropriate certification in prehospital care.
b. Responsibilities of physician shall be clearly stated on contract.
5. Teaching strategies:
a. Learning experiences and teaching methods, relative to emergency medical services,
are utilized to achieve the objectives.
b. Adult education principles are employed in teaching strategies.
c. Time is allowed for each activity to ensure opportunity for each student to meet the objectives.
6. Evaluation methods: Evidence shall be submitted that participants are given an
opportunity to evaluate learning experiences, instructional methods, facilities and
resources used.
7. Contact hour criteria:
a. All offerings shall be at least 50 minutes in length which is equivalent to 1 contact hour.
b. Increments of 25 minutes will be accepted if the offering extends beyond 1 contact hour.
(6) All training offered for the purpose of recertification of EMTs and paramedics shall
be documented through a system of record keeping which shail include: program title,
course outline, course objectives, dates offered, name of instructor, contact hours and
roster of attendees. Each entity shall submit a roster of students that have completed
training to the department within 14 days after completion but not before course
completion. The course director shall sign this roster.
(7) Recertification Training Programs, which maintain current approval from the
department, and have an assigned approval code, may submit additional courses for
approval during the current recertification cycle without paying an additional fee. The
training program shall comply with the other requirements contained in subsection 64E-
2.036(5), F.A.C.
(8) The department shall periodically conduct monitoring site visits to entities
6
conducting recertification training to verify that the training is being documented through
record keeping that verifies compliance with the recertification requirements of Rules
64E-2.008 and 64E-2.009, F.A.C.., for all training conducted. These training records
shall be retained for a minimum of 4 years, which shall include the 2 year period within
each certification cycle and the immediate 2 year period following that certification cycle.
(9) A medical director's affirmation of completion of recertification training as provided in
Section 401.2715(3), F.S., is the physician's confirmation that the certificate holder has
completed recertification training consisting of at least 30 hours, and is based on the
requirements of paragraph 64E-2.008(2)(a) or 64E-2.009(2)(a), F.A.C.
Rule 64E-2.036, F.A.C.
FACTS
9. Respondent submitted applications for approval of emergency medical
technician (EMT) and paramedic training programs for its Melbourne, Florida, location
on or about July 23, 2003.
10. In Respondent's applications for approval of emergency medical technician
(EMT) and paramedic training programs for its Melbourne, Florida, location,
Respondent stated on its applications that it would conduct two (2) off-campus courses
per year at local EMS services or fire departments.
11. The Florida Bureau of Emergency Medical Services issued Respondent
Certificates of Approval to conduct Emergency Medical Technician and Paramedic
Education Programs for its Melbourne, Florida, location beginning on August 1, 2003,
and ending on August 1, 2005.
12. Respondent has been conducting emergency medical technician (EMT) and
paramedic training programs for significant periods of time at more than 2 sites as
stated in training program application at the following locations: Palm Beach County
Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades
Fire and Rescue, Blountstown, and Miami, Florida.
13. Respondent has not submitted applications to the Florida Bureau of
Emergency Medical Services to conduct emergency medical technician (EMT) and/or
paramedic training programs at the following locations: Palm Beach County Fire and
Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and
Rescue, Blountstown, and Miami, Florida.
14. Respondent's emergency medical technician (EMT) and paramedic training
programs at Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance,
Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami,
Florida, have not been approved and authorized by the Florida Bureau of Emergency
Medical Services.
15. Respondent's emergency medical services training programs at Palm Beach
County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle
Glades Fire and Rescue, Blountstown, and Miami, Florida, did not receive and pass site
visits from the Florida Bureau of Emergency Medical Services.
16. Respondent did not provide evidence to the Florida Bureau of Emergency
Medical Services that its unapproved programs at Palm Beach County Fire and
Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and
Rescue, Blountstown, and Miami, Florida, had affiliation agreements with hospitals that
have an emergency department staffed by at least one physician and one nurse.
17. Respondent did not provide evidence to the Florida Bureau of Emergency
Medical Services that its unapproved programs at Palm Beach County Fire and
8
Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and
Rescue, Blountstown, and Miami, Florida, had affiliation agreements with current
Florida licensed emergency medical services providers.
18. Respondent did not provide documentation to the Florida Bureau of
Emergency Medical Services documenting and verifying its faculty, medical directors,
and program directors at its unapproved programs at Palm Beach County Fire and
Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and
Rescue, Blountstown, and Miami, Florida.
19. Respondent did not provide evidence to the Florida Bureau of Emergency
Medical Services that its unapproved programs at Palm Beach County Fire and
Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and
Rescue, Blountstown, and Miami, Florida, were providing their students with approved
emergency medical services education curriculum.
20. Respondent did not provide evidence to the Florida Bureau of Emergency
Medical Services that its students taking courses at unapproved programs located in
Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County,
Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida, were not
subject to call while participating in classes, clinical sessions, or field sessions.
21. Respondent did not submit a completed DH Form 1698E, April 02,
Application for Approval of an Emergency Medical Technician - Basic (EMT-B) Training
Program for its unapproved programs located in Palm Beach County Fire and Rescue,
Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue,
Blountstown, and Miami, Florida.
22, Respondent did not submit a completed DH Form 1698P, April 02,
Application for Approval of an Emergency Medical Technician - Paramedic (EMT-P)
Training Program for its unapproved programs located in Palm Beach County Fire and
Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and
Rescue, Blountstown, and Miami, Florida.
23. Respondent failed to notify the Florida Bureau of Emergency Medical
Services of any changes to its training program by updating its approved emergency
medical services training program training file within thirty (30) days of the changes
occurring. Respondent changed where it was offering off campus training courses and
failed to notify the Florida Bureau of Emergency Medical Services that it was conducting
emergency medical services training programs at Palm Beach County Fire and Rescue,
Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue,
Blountstown, and Miami, Florida.
COUNT!
24. Petitioner re-alleges and incorporates by reference paragraphs one (1)
through twenty-three (23) above.
25. Section 401.411(1)(a) of the Florida Statutes provides that the “department
may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine
any licensee, certificateholder, or other person operating under this part for any of the
following grounds: The violation of any rule of the department or any provision of this
part.” § 401.411(1)(a), Fla. Stat.
26. Additionally, Section 401.2701(1)(a) of the Florida Statutes provides that
“(a]ny private or public institution in Florida desiring to conduct an approved program for
10
the education of emergency medical technicians and paramedics shall: submit a
completed application on a form provided by the department. . .” § 401.2701(1)(a), Fla.
Stat. Moreover, Rule 64E-2.036(2), F.A.C. provides that to be “approved as an EMT
Training Program, an entity shall submit a completed DH Form 1698E, April 02,
Application for Approval of an Emergency Medical Technician - Basic (EMT-B) Training
Program...” Rule 64E-2.036(2), F.A.C. Furthermore, Rule 64E-2.036(3), F.A.C.
provides that to be “approved as a Paramedic Training Program, an entity shall submit
a completed DH Form 1698P, April 02, Application for Approval of an Emergency
Medical Technician-Paramedic (EMT-P) Training Program. . .” Rule 64E-2.036(3),
F.A.C.
27. Respondent violated Sections 401.411(1)(a) and 401.2701(1)(a) of the
Florida Statutes and Rules 64E-2.036(2), (3) of the Florida Administrative Code by
using its Certificates of Approval to conduct Emergency Medical Technician and
Paramedic Education Programs for its Melbourne, Florida, location to conduct
emergency medical services training programs at the following locations, which did not
submit applications to operate approved EMS training programs for EMTS and/or
Paramedics: Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance,
Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami,
Florida.
COUNT II
28. Petitioner re-alleges and incorporates by reference paragraphs one (1)
through twenty-three (23) above.
11
29. Section 401.411(1)(g) of the Florida Statutes provides that the “department
may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine
any licensee, certificateholder, or other person operating under this part for any of the
following grounds: Unprofessional conduct...” § 401.411(1)(g), Fla. Stat.
30. Respondent violated Section 401.411(1)(g) of the Florida Statutes by
engaging in unprofessional conduct by using its Certificates of Approval to conduct
Emergency Medical Technician and Paramedic Education Programs for its Melbourne,
Florida, location to conduct unapproved emergency medical services training programs
at Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas
County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida.
COUNT Ill
31. Petitioner re-alleges and incorporates by reference paragraphs one (1)
through twenty-three (23) above.
32. Section 401.411(1)(a) of the Florida Statutes provides that the “department
may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine
any licensee, certificateholder, or other person operating under this part for any of the
following grounds: The violation of any rule of the department or any provision of this
part.” § 401.411(1)(a), Fla. Stat.
33. Additionally, Section 401.2701(1)(a)6(b) of the Florida Statutes provides that
“la]ny private or public institution in Florida desiring to conduct an approved program for
the education of emergency medical technicians and paramedics shall: Receive a
scheduled site visit from the department to the applicant's institution. ..” §
401.2701(1)(a)6(b), Fla. Stat. Moreover, Rule 64E-2.036(1)(c), F.A.C. provides that
12
“lelach applicant shall receive a scheduled site visit by the department.” Rule 64E-
2.036(1)(c), F.A.C.
34, Respondent violated Sections 401.411(1)(a) and 401.2701(1)(a)6(b) of the
Florida Statutes and Rule 64E-2.036(1)(c), F.A.C. by using its Certificates of Approval
to conduct Emergency Medical Technician and Paramedic Education Programs for its
Melbourne, Florida, location to conduct emergency medical services training programs
at the following locations which did not receive and pass Florida Department of Health,
Bureau of Emergency Medical Services site visits: Palm Beach County Fire and
Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and
Rescue, Blountstown, and Miami, Florida.
COUNT IV
35. Petitioner re-alleges and incorporates by reference paragraphs one (1)
through twenty-three (23) above.
36. Section 401.411(1)(a) of the Florida Statutes provides that the “department
may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine
any licensee, certificateholder, or other person operating under this part for any of the
following grounds: The violation of any rule of the department or any provision of this
part.” § 401.411(1)(a), Fla. Stat.
37. Additionally, Section 401.2701(1)(a)2 of the Florida Statutes provides that
“la}ny private or public institution in Florida desiring to conduct an approved program for
the education of emergency medical technicians and paramedics shall: Submit a
completed application on a form provided by the department, which must include:
Evidence of an affiliation agreement with a hospital that has an emergency department
13
staffed by at least one physician and one registered nurse.” § 401.2701(1 )(a)2, Fla.
Stat.
38. Respondent violated Sections 401.411(1)(a) and 401 .2701(1)(a)2 of the
Florida Statutes by using its Certificates of Approval to conduct Emergency Medical
Technician and Paramedic Education Programs for its Melbourne, Florida, location to
conduct emergency medical services training programs at the following locations which
did not provide the Florida Department of Health, Bureau of Emergency Medical
Services with evidence that each location had an affiliation agreement with a hospital
that has an emergency department staffed by at least one physician and one registered
nurse: Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas
County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida.
COUNT V
39. Petitioner re-alleges and incorporates by reference paragraphs one (1)
through twenty-three (23) above.
40. Section 401.411(1)(a) of the Florida Statutes provides that the “department
may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine
any licensee, certificateholder, or other person operating under this part for any of the
following grounds: The violation of any rule of the department or any provision of this
part.” § 401.411(1)(a), Fla. Stat.
41. Additionally, Section 401.2701(1)(a)3 of the Florida Statutes provides that
“[alny private or public institution in Florida desiring to conduct an approved program for
the education of emergency medical technicians and paramedics shall: Submit a
completed application on a form provided by the department, which must include:
14
Evidence of an affiliation agreement with a current Florida-licensed emergency medical
services provider.” § 401.2701(1)(a)3, Fla. Stat.
42, Respondent violated Sections 401.411(1 )(a) and 401.2701(1)(a)3 of the
Florida Statutes by using its Certificates of Approval to conduct Emergency Medical
Technician and Paramedic Education Programs for its Melbourne, Florida, location to
conduct emergency medical services training programs at the following locations which
did not provide the Florida Department of Health, Bureau of Emergency Medical
Services with evidence that each location had an affiliation agreement with a current
Florida-licensed emergency medical services provider: Palm Beach County Fire and
Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and
Rescue, Blountstown, and Miami, Florida.
COUNT VI
43. Petitioner re-alleges and incorporates by reference paragraphs one (1)
through twenty-three (23) above.
44, Section 401.411(1)(a) of the Florida Statutes provides that the “department
may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine
any licensee, certificateholder, or other person operating under this part for any of the
following grounds: The violation of any rule of the department or any provision of this
part.” § 401.411(1)(a), Fla. Stat.
45. Additionally, Sections 401.2701(1)(a)4a, b of the Florida Statutes provides
that “[a]ny private or public institution in Florida desiring to conduct an approved
program for the education of emergency medical technicians and paramedics shall:
Submit a completed application on a form provided by the department, which must
15
include: documentation verifying faculty, including: a medical director who is a licensed
physician meeting the applicable requirements for emergency medical services medical
directors as outlined in this chapter and rules of the department. . . A program director
responsible for the operation, organization, periodic review, administration,
development, and approval of the program.” §§ 401.2701(1)(a)4a, b, Fla. Stat.
46. Respondent violated Sections 401.411(1)(a) and 401 .2701(1)(a)4a, b of the
Florida Statutes by using its Certificates of Approval to conduct Emergency Medical
Technician and Paramedic Education Programs for its Melbourne, Florida, location to
conduct emergency medical services training programs at the following locations which
did not provide the Florida Department of Health, Bureau of Emergency Medical
Services with documentation verifying each location’s faculty including medical directors
and program directors: Palm Beach County Fire and Rescue, Daytona, Sunstar
Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and
Miami, Florida.
COUNT Vil
47. Petitioner re-alleges and incorporates by reference paragraphs one (1)
through twenty-three (23) above.
48. Section 401.411(1)(a) of the Florida Statutes provides that the “department
may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine
any licensee, certificateholder, or other person operating under this part for any of the
following grounds: The violation of any rule of the department or any provision of this
part.” § 401.411(1)(a), Fla. Stat.
16
49. Sections 401.2701(1)5, a, b, c of the Florida Statutes provides “[ajny private
or public institution in Florida desiring to conduct an approved program for the
education of emergency medical technicians and paramedics shall: Submit a completed
application on a form provided by the department, which must include: documentation
verifying that the curriculum:” meets current EMT and Paramedic National Standard
Curricula, includes 2 hours of instruction on the trauma scorecard methodologies for
assessment of adult and pediatric trauma patients, and includes 4 hours of instruction
on HIV/AIDS training that complies with Chapter 381 of the Florida Statutes. See §§
401.2701(1)5, a, b, c, Fla. Stat.
50. Respondent violated Sections 401.411(1)(a) and 401.2701(1)5, a, b, c of the
Florida Statutes by using its Certificates of Approval to conduct Emergency Medical
Technician and Paramedic Education Programs for its Melbourne, Florida, location to
conduct emergency medical services training programs at the following locations which
did not provide the Florida Department of Health, Bureau of Emergency Medical
Services with documentation verifying that each location’s curriculum met current EMT
and Paramedic National Standard Curricula, includes 2 hours of instruction on the
trauma scorecard methodologies for assessment of adult and pediatric trauma patients,
and includes 4 hours of instruction on HIV/AIDS training that complies with Chapter 381
of the Florida Statutes: Palm Beach County Fire and Rescue, Daytona, Sunstar
Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and
Miami, Florida.
17
COUNT VI
51. Petitioner re-alleges and incorporates by reference paragraphs one (1)
through twenty-three (23) above.
52. Section 401.411(1)(a) of the Florida Statutes provides that the “department
may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine
any licensee, certificateholder, or other person operating under this part for any of the
following grounds: The violation of any rule of the department or any provision of this
part.” § 401.411(1)(a), Fla. Stat.
53. Rule 64E-2.036(1)(a), F.A.C. states: “Qualifications and procedures for EMT
and paramedic training programs in addition to those contained in Section 401.2701,
F.S., are as follows: Each applicant shall demonstrate that EMT and paramedic
students are not subject to call while participating in class, clinical or field sessions.”
Rule 64E-2.036(1)(a), F.A.C.
54. Respondent violated Section 401.411(1)(a) of the Florida Statutes and Rule
64E-2.036(1)(a), F.A.C. by using its Certificates of Approval to conduct Emergency
Medical Technician and Paramedic Education Programs for its Melbourne, Florida,
location to conduct emergency medical services training programs at the following
Jocations which did not demonstrate to the Florida Department of Heaith, Bureau of
Emergency Medical Services that EMT and paramedic students were not on call while
participating in class, clinical, or field sessions: Palm Beach County Fire and Rescue,
Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue,
Blountstown, and Miami, Florida.
18
COUNT IX
55. Petitioner re-alleges and incorporates by reference paragraphs one (1)
through twenty-three (23) above.
56. Section 401.411(1)(a) of the Florida Statutes provides that the “department
may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine
any licensee, certificateholder, or other person operating under this part for any of the
following grounds: The violation of any rule of the department or any provision of this
part.” § 401.411(1)(a), Fla. Stat.
57. Rule 64E-2.036(1)(b), F.A.C. states: “Qualifications and procedures for EMT
and paramedic training programs in addition to those contained in Section 401.2701,
F.S., are as follows: Each applicant shall demonstrate that each EMT and paramedic
student function under the direct supervision of an EMS preceptor and shall not be in
the patient compartment alone during the patient transport and shall not be used to
meet staffing requirements.” Rule 64E-2.036(1)(b), F.A.C.
58. Respondent violated Section 401.411(1)(a) of the Florida Statutes and Rule
64E-2.036(1)(b), F.A.C. by using its Certificates of Approval to conduct Emergency
Medical Technician and Paramedic Education Programs for its Melbourne, Florida,
location to conduct emergency medical services training programs at the following
locations which did not demonstrate to the Florida Department of Health, Bureau of
Emergency Medical Services that EMT and paramedic students function under the
direct supervision of an EMS preceptor and shall not be in the patient compartment
alone during patient transport and shall not be used to meet staffing requirements:
19
Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County,
Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida.
COUNT X
59. Petitioner re-alleges and incorporates by reference paragraphs one (1)
through twenty-three (23) above.
60. Section 401.411(1)(a) of the Florida Statutes provides that the “department
may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine
any licensee, certificateholder, or other person operating under this part for any of the
following grounds: The violation of any rule of the department or any provision of this
part.” § 401.411(1)(a), Fla. Stat.
61. Rule 64E-2.036(4), F.A.C. states: “If any changes of the training program
are made to the application on file as approved by the department, then these changes
shall be submitted to the department for review of compliance within 30 days of the
change.” Rule 64E-2.036(4), F.A.C.
62. Respondent violated Section 401.411(1)(a) of the Florida Statutes and Rule
64E-2.036(4) of the Florida Administrative Code by failing to submit to the Florida
Department of Health, Bureau of Emergency Medical Services its changes to its training
program, specifically that it was using its Certificates of Approval to conduct Emergency
Medical Technician and Paramedic Education Programs for its Melbourne, Florida,
location to conduct emergency medical services training programs at the following
locations: Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas
County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida.
20
CLAIM FOR RELIEF
WHEREFORE, Petitioner respectfully requests the BUREAU OF EMERGENCY
MEDICAL SERVICES to enter an order imposing one or more of the following
penalties upon Respondent pursuant to Section 401.411(1), Florida Statutes:
a. Revocation or suspension of Respondent's license;
b. Restriction of Respondent's practice;
c. An administrative fine;
d. A reprimand;
e. Probation; and/or
f. Any other penalty the Bureau deems appropriate.
Dated this i day of fa tif , 2005.
Respectfully submitted,
CHARLES J. CRIST, JR.
Attorney General
Brian J. Stabley
Assistant Attorney General
Department of Legal Affairs
PL-01 The Capitol
Tallahassee, Florida 32399-1050
(850) 414-3300
PCP: Jenkins, Bixler, and Mason
DATE: April 22, 2005
21
NOTICE OF HEARING RIGHTS
RESPONDENT IS HEREBY NOTIFIED THAT HE/SHE HAS THE RIGHT TO
REQUEST AN ADMINISTRATIVE HEARING PURSUANT TO SECTIONS 120.569 AND
420.57, FLORIDA STATUTES. SPECIFIC OPTIONS FOR ADMINISTRATIVE ACTION
ARE SET OUT IN THE ATTACHED EXPLANATION OF RIGHTS. ALL REQUESTS FOR
HEARING MUST BE MADE WITHIN 21 DAYS OF RECEIPT AND SENT TO BRIAN J.
STABLEY, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS,
PL-01 THE CAPITOL, TALLAHASSEE, FLORIDA 32399-1050.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy has been served by certified
74
mail this 277 day of efau/ __, 2005 to ; FLORIDA MEDICAL TRAINING
INSTITUTE, c/o Scott Schein, 478 Ballard Drive, Melbourne, Florida 32935 and to Bob
L. Harris, Esq., Messer, Caparello & Self, P.O. Box 1876, Tallahassee, FL 32302-1876.
am Jo. fl
Brian J. Stabley
Assistant Attorney General
22
Docket for Case No: 05-002082
Issue Date |
Proceedings |
Aug. 03, 2005 |
Order Closing File. CASE CLOSED.
|
Aug. 02, 2005 |
Notice of Appearance, Notice of Settlement, Motion for Relinquishment of Jurisdiction filed.
|
Jul. 22, 2005 |
Order Granting Petitioner`s Motion for Extension of Time.
|
Jul. 18, 2005 |
Petitioner`s Motion for Extension of Time to Respond to Respondent`s Request for Production, Request for Admissions, and Interrogatories filed (exhibits not available for viewing).
|
Jul. 08, 2005 |
Petitioner`s Request for Production filed.
|
Jul. 08, 2005 |
Petitioner`s Notice of Serving Initial Interrogatories to Respondent filed.
|
Jul. 08, 2005 |
Petitioner`s Request for Admissions filed.
|
Jun. 29, 2005 |
Order of Pre-hearing Instructions.
|
Jun. 29, 2005 |
Notice of Hearing (hearing set for August 23 through 25, 2005; 9:30 a.m.; location to be determined).
|
Jun. 28, 2005 |
Respondent`s First Request for Production of Documents filed.
|
Jun. 28, 2005 |
Respondent`s First Request for Admissions filed.
|
Jun. 28, 2005 |
Notice of Service of Petitioner`s First Interrogatories filed.
|
Jun. 23, 2005 |
Petitioner`s Objection to Respondent`s First Request for Production, Motion to Strike, and Motion for a Protective Order filed.
|
Jun. 23, 2005 |
Letter to B. Harris from M. Greif regarding Cancellation of Meeting for June 23, 2005 filed.
|
Jun. 22, 2005 |
Petitioner`s Objection to Respondent`s First Interrogatories to Petitioner, Motion to Strike, and Motion for a Protective Order filed.
|
Jun. 21, 2005 |
Notice of Appearance filed.
|
Jun. 17, 2005 |
Petitioner`s Objection to Respondent`s Request for Admissions, Motion to Strike, and Motion for a Protective Order filed.
|
Jun. 17, 2005 |
Petitioner`s Notice of Telephonic Motion Hearing filed.
|
Jun. 16, 2005 |
Petitioner`s Motion in Opposition to Respondent FMTI`s Motion to Consolidate filed.
|
Jun. 13, 2005 |
Petitioner`s Response to Initial Order filed.
|
Jun. 10, 2005 |
Petitioner`s Motion to Consolidate (with consolidated group 05-1928 and DOAH Case No. 05-2083) filed in DOAH Case No. 05-2082.
|
Jun. 10, 2005 |
Notice of Appearance filed.
|
Jun. 10, 2005 |
Petitioner`s Motion to Consolidate (with consolidated group 05-1928 and DOAH Case No. 05-2082) filed in DOAH Case No. 05-2083.
|
Jun. 08, 2005 |
Petition for Formal Administrative Hearing filed.
|
Jun. 08, 2005 |
Motion for Hearing not Involving Disputed Issues of Material Fact and Appointment of a DOH Hearing Officer filed.
|
Jun. 08, 2005 |
Administrative Complaint filed.
|
Jun. 08, 2005 |
Initial Order.
|