Apr 2 2008 9:08 APR-22-2088 @8:28 ATTY GEN OFC 85@-922-6425 P.84719 > a STATE OF FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES DEPARTMENT OF HEALTH, Petitioner, Vs. Case No. 8025-05-0032 NICOLE M. DI DONNA, Respondent. ee | ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, (hereinafter “Petitioner”) by and through its undersigned attorneys and files its Administrative Complaint against Respondent, NICOLE M. DI DONNA, (hereinafter “Respondent’) and alleges: 1. 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. 2. _ Respondent is a license emergency medical technician having been issued license number EMT 307813. Respondent is a licensed paramedic, having been issued license number PMD 508315. F:\Users\ADMIN\Reginald Dixon\EMS Prosecutions\ACs\Individuals\Didonna,05-0032.abt.lic.misrep. rtf 1 Apr 2 2008 9:08 APR-@2-2008 08:21 ATTY GEN OFC 858-922-6425 P.05719° a 3. Respondent's address of record is 261 Columbia Avenue, a Sebastian, Florida 32958. C TI 4. Petitioner re-alleges the allegations of fact set forth in paragraphs i ‘one (1) through three (3) as if fully stated herein. : 5. In November 2004, Respondent filed an application with the : Department for certification by examination as a paramedic. 6. Respondent documented that she had an ACLS card or its equivalent, and specifically indicated that she had an “AHA ACLS Provider 7 10/2004” card. 7. “AHA ACLS Provider 10/2004” is interpreted to mean that — Respondent had an ACLS Health Care Provider card issued in October 2004 by. the American Heart Association. 8. A copy of the ACLS Health Care Provider card supplied by the Respondent reflects that the Training Site for the course was “FL Heart CPR” and that the Instructor was “G. Nye.” 9. “G. Nye” stands for Gayl Nye, the Training Center Coordinator for Florida Heart CPR. F:\Users\ADMIN\Reginald Dixon\EMS Prosecutions\ACs\Individuals\Didonna.05-0032.obt.lic.misrep.rtf 2 Apr 2 2008 9:08 APR-@2-2088 8:21 ATTY GEN OFC 858-922-6425 P.06719° 10. Gayl Nye was not the instructor for, and did not teach, the a Respondent's ACLS Health Care Provider course as indicated on the ACLS Health Care Provider card provided by Respondent for her paramedic license. | ; 11. Respondent knew, should have known, or had knowledge that : Gayl Nye was not the instructor for and did not teach the Respondent’s ACLS Health Care Provider course. . 12. Based upon the submission of the Respondent's ACLS Health Care Provider card, the Department approved the Respondent’s application and the . Respondent was allowed to sit for the paramedic examination; Respondent. subsequently passed the examination and obtained certification as a paramedic. . 13. Section 401.411(1)(k), Florida Statutes, provides that procuring, . a attempting to procure, or renewing a certificate, license, or permit by fakery, fraudulent action or misrepresentation, constitutes grounds for disciplinary action by the Bureau of Emergency Medical Services. 14. Respondent obtained a paramedic certification by misrepresenting that Respondent attended an ACLS Health Care Provider course where Gayl Nye was the instruction when in fact she was not. F;\Users\ADMIN\Reginald Dixon\EMS Prosecutions\ACs\Individuals\Didonna.05-0032.obt lic. misrep. rtf 3 APR-@2-2088 08:22 15. 401.411(1)(k), Florida Statutes, by procuring, attempting to procure, or * renewing a certificate, license, or permit by fakery, fraudulent action or . Apr 2 2008 9:09 ATTY GEN OFC 858-922-6425 Based on the foregoing, Respondent has violated Section ~ misrepresentation. 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 401,41 1(1), Florida Statutes: a. b. CLAIM FOR RELIEF - Revocation or suspension of Respondent's license; Restriction of Respondent's practice; An administrative fine; A reprimand: Probation; and/or Any other penalty the Bureau deems appropriate. F:\Users\ADMIN\Reginatd Dixon\EMS Prasecutions\ACs\[ndividuals\Didonna.05-0032.obt.lic.misrep.rtf 4 P.@?719 Apr 2 2008 9:09 -08719 APR-@2-2888 @8:22 ATTY GEN OFC 858-922-6425 P. 8-1! Dated this Zoe day of November, 2007. Respectfully submitted, DEPARTMENT OF HEALTH Assistant Attorney ped al may i gee Department of Legal Affairs CLERKS O) PL-01 The Capitol DATE Tallahassee, Florida 32399-1050 (850) 414:3300 pep: Lilsem, Lous ¢ /onee DATE: us ]o7 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 120.57, FLORIDA STATUTES. SPECIFIC ATTACHED EXPLANATION OF RIGHTS. ALL REQUESTS FOR HEARING MUST BE MADE WITHIN 21 DAYS OF RECEIPT AND SENT TO REGINALD D, DIXON, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, PL-O1 THE CAPITOL, TALLAHASSEE, FLORIDA 32399-1050. F:\Users\ADMIN\Reginaid Dixon\EMS Prosecutions\ACs\Individuals\Didonna.05-0032.obt.lIc. misrep rtf 5 Apr 2 2008 9:09 3 P.@97 APR-G2-2008 88:22 ATTY GEN OFC 856-922-6425 * CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy has been served by ' certified mail this 3 rol day of New Ave , 200 | to: NICOLE M. .“’. DIDONNA, 261 Columbia Avenue, Sebastian, Florida 32958, ReginaN D. Assistant Attorney General F:\Users\ADMIN\Reginald Dixon\EMS Prosecutions\ACs\Individuals\DIdonna.05-0032,obt.lic misrep.rtf 6 Apr 2 2008 9:10 APR-@2-2088 8:22 ATTY GEN OFC 858-922-6425 P.18/19 a REQUEST FOR HEARING. A request for hearing must be made by written petition to the Department of Health. You may use this form to request a hearing, or submit a request in compliance with Rule 28-106.201, Florida Administrative Code. Case No.: 8025-05-0032 Name: Nicole M. DI Donna Address: 261 Columbia Avenue, Sebastian, Florida 32958 Telephone No.: Representative: RECEIVED Address: DEC 27 2087 DEPT. OF LEGAL APSAIRS Admunisirativa Low Sureau OCheck here if you do not dispute the facts stated in the AdminIstrative Complaint. Notice: If you select this option, you will be given'a hearing before the Bureau. You do not waive your right to submit facts that would mitigate the penalty to be imposed by the Bureau. In addition, you may argue that although the facts in the Administrative Complaint are true they do not constitute a violation of Section *. Telephone No.: If you dispute the facts In the Administrative Complaint, than to receive a formal hearing you must provide a written statement of all disputed Issues of material fact. To dispute the material facts alleged in the Administrative Complaint, your request must comply with Rule 28-106.2015, Florida Administrative Code, a copy of which is attached. NOTE: A material fact includes the act(s), incident(s) or circumstances that constitute the violation. A mitigating circumstances is not a material fact. A mistake of identity, location or fact should be included in your response. Statemant of all disputed issues of material fact. Notice: If you select this option, you may receive an evidentiary hearing before an Administrative Law Judge. You may present evidence in the form of documents or testimon y of witnesses, The Administrative Law Judge will issue a Recommended Order to the Bureau for final action. The Department will give you written notice if it detarmines that you have not disputed facts material to the Administrative Complaint, and advise you of the deadline to file an amended request for hearing. Pursuant to Section 120.573, you are hereby notified that. mediation is not available to resolve this complaint. Apr 2 2008 9:10 APR-@2-2088 @8:23 ATTY GEN OFC 850-922-6425 P.11719° NOTICE: IF YOU DO NOT RETURN THIS FORM, OR FILE A REQUEST FOR A HEARING, - WITHIN 21 DAYS OF THE DATE YOU RECEIVE THE ADMINISTRATIVE COMPLAINT, YOU WAIVE YOUR RIGHT TO ANY TYPE OF HEARING ON THE ALLEGATIONS IN THE ADMINISTRATIVE COMPLAINT PURSUANT TO RULE 28-106.111, FLORIDA | ADMINISTRATIVE CODE. 7 Return this form to: Reginald D. Dixon Assistant Attorney General Office of the Attorney General: PL-O1 The Capitol Tallahassee, Florida 32399-1050 Dated thisd.3 day of Detewbher , 200. NAME .

Docket for Case No: 08-001620PL