Feb 8 2006 14:55 Feb 8 2006 15:56 P.04 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO, 2005-50215 CRAIG L, MARKS, P.T.A., RESPONDENT. a ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this | Administrative Complaint before the Board of: Physical Therapy Practice against Respondent, Craig L. Marks, P.T.A., and in support thereof alleges: 1. Patitioner is the state department charged with regulating the practice of physical therapy pursuant to Section: 20.43, Florida Statutes; Chapter 456, Florida ' Statutes; and Chapter 486, Florida Statutes. 2. Atal times material to this Complaint, Respondent was a licensed physical therapist assistant within the State of Florida, having been issued license number PTA 1731. 3. Respondent's address of record is 1302 Ginger Circle, Ft. Lauderdale, Florida 33326, however Respondent is currently incarcerated in FCI Miarni, Federal Correctional Institution, P.O. Box 779800, Miami, Florida 33177. 1 “DOH v, Craig L. Marks, P.T.A.; DOH Case No. 2005-50213 J:\PSU\Madical\_YNNE\aa Physical ‘Therapy\Marks, Craig PTA; 2005-50213\05-50213 AC convicted.doc G00¢ 6 ¢ d3S Feb 8 2006 14:56 Feb 8 2006 15:56 P.O5 ~ ~ 4. On or about March 4, 2004, an Indictment was issued against Respondent in Case No, 04-60062-CR-GRAHAM in the U.S. District Court for the Southern District of Florida, charging Respondent with one count of Conspiracy to Submit False Claims to the Government and forty (40) counts of Submitting False Claims to the Government (felonies) . | . 5. On or about July 27, 2004, a United States District Judge entered a Judgment in a Criminal Case in Case No. 04-60062-CR-GRAHAM adjudicating - Respondent guilty of one count of Conspiracy to Submit False Claims to the Government and two.counts of Submitting. False Claims to the Government. 6. Respondent was sentenced to twenty-four (24) months in the custody of the United States Bureau of Prisons. 7. Respondent demonstrated a lack of good moral character by his willingness to engage in the submitting of false claims to the government. 8. Section 486.102(2), Florida Statutes (2003, 2004), requires a physical therapist assistant to be of good moral character. COUNT ONE Q. Petitioner realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. Section 486.125(1)(c), Florida Statutes (2003), provides being convicted - or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly ralates to the practice of physical therapy or to the ability to. practice physical therapy constitutes grounds for disciplinary action by the Board of Physical Therapy Practice. 2 DOH v. Craig L. Marks, P.T.A.; DOH Case No. 2005- 50213 3:\PSU\Medical\ LYNNE\aa Physical Therapy\Marks, Craig PTA, 2005-50213\05- 50213 AC convicted. toe Feb 8 2006 14:56 Feb § 2006 15:57 P. O06 Ne New! 11. Respondent was convicted of one count of Conspiracy to Submit False Claims to the Government and two counts of Submitting False Claims to the Government demonstrating a lack of good moral character which directly relates to Respondent's ability to practice as a physical therapist assistant, and constitutes a breach of the trust and confidence placed. in him by the State of Florida 12, Based on the foregoing, Respondent has violated Section 486.125(1)(c), Florida Statutes, (2003), by being convicted or found guilty, regardiess of acijudication, of a crime in any jurisdiction which directly relates to the practice of physical therapy or to the ability to practice physical therapy. COUNT TWO 43, Petitioner realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 14, Section 486.125(1)(k), Florida Statutes (2003), provides that violating any provision. of chapter 486 or chapter 456 or any rules adopted pursuant thereto constitutes grounds for disciplinary action by the Board.of Physical Therapy Practice, 15. Section 486,102(2), Florida Statutes (2003), requires a licensee to be of good moral character. to be licensed as a physical therapist assistant. 16. Respondent was convicted of one count of Conspiracy to Submit False Claims to the Government and two counts of Submitting False Claims to the Government demonstrating a lack of good moral character which directly relates to Respondent's ability to practice as a physical therapist assistant, and constitutes a breach of the trust and confidence placed in him by the State of Florida. 3 DOH vy, Craig 1. Marks, P.7.A.; DOH Case No. 2005-50213 J:\PSU\Madical\LYNNE\aa Physical Therapy\Marks, Craig PTA; 2005-50213\05-50213 AG convicted.doc Feb 8 2006 14:56 Feb § 2006 15:57 P.O? ~ Ne 17. Based on the foregoing, Respondent has violated Section 486 .125(1)(k), Florida Statutes (2003), by violating Section 486.102(2), Florida Statutes (2003), which requires a licensee to be of good moral character to be licensed as a physical therapist assistant. WHEREFORE, Patitioner respectfully requests that the Board of Physical Therapy Practice enter an order imposing one or more of the following penalties: permanent " revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, and/or any other relief that the ‘Board deems appropriate. tt : ‘SIGNED this_27~ day ot gta _ 2005. M. Rony Francois, M.D., M.S.P.H., R.Ph. Secretary, Department of Health FILED DEPARTMENT OF HEALTH cur thine a Mek Assistant General Counsel DATE 4-34-08" DOH Prosecution Services Unit . 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Fiorida Bar #0394572 850,410.0623/ 850.488.7723 FAX LAQP/sw | Fa Reviewed and approved by: Hal (initials) 9.29.05 (date) ‘PCP: September 27, 2005 PCP Members: Balser, Hughes and Menge 4 POH v, Cralg L. Marks, P.T.A.; DOH Case No. 2005-50213 J:\PSU\Mecical\LYNNE\ae Physical Therapy\Marks, Craig PTA, 2005-50213\05-50213 AC convicted.doc Feb 8 2006 14:56 Feb § 2006 15:57 P. 08 Nome’ nd NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120,57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested, NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. DOH v. Craig L. Marks, P.T.A.; DOH Case No, 2005-50213 3 BOH v, Craig L. Marks, P.T.A.; DOH Case No. 2005-50215 ; J:\PSU\Medical\LYNNE\ga Physical Therapy\Marks, Craig PTA; 2005-50213\05-50213 AC convicted.doc

Docket for Case No: 06-000467PL