Petitioner: DEPARTMENT OF HEALTH, BOARD OF OPTOMETRY
Respondent: JOHN COCHRAN, O.D.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Clearwater, Florida
Filed: May 21, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 28, 2009.
Latest Update: Dec. 24, 2024
May 21 2009 9:55
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v. CASE NO. 2008-13633
JOHN COCHRAN, O.D.,
RESPONDENT
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ADMINISTRATIVE COMPLAINT
Petitioner, Department of Health, by and through its undersigned counsel,
files this Administrative Complaint before the Board of Optometry against
Respondent, John Cochran, O.D., alleging as follows:
1, Petitioner is the state department charged with regulating the practice
of optometry pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida
Statutes; and Chapter 463, Florida Statutes.
2. At all times material to this Complaint, Respondent was a licensed
optometrist (O.D.) within the state of Florida, pursuant to license number OP 1821.
3. Respondent’s address of record is 2518-C MeCullen Booth Road,
Clearwater, Florida 33761.
DOH v. John Cochran, O.D.
Case No. 2008-13633
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4, On or about January 31, 2008, MLL. presented to the Respondent for
an eyeglass exam for the purpose of obtaining glasses required by her place of
employment.
5. Prior 10 January 31, 2008, M.L. informed Respondent’s staff of the
reason for the examination, and confirmed her appointment on January 30, 2008.
6, On or about January 31, 2008, M.L. presented to the Respondent and
MLL. explained to Respondent’s staff that she was seeing the Respondent only for
eye glasses. |
7. On or about January 31, 2008, M.L. arrived early at Respondent's
office in order to look at the available frames.
8. During the examination, M.L. informed Respondent that she brought
her current glasses for Respondent to compare measurements for the pew pair in
order to save time,
9, During the examination, M.L. twice requested a copy of her
prescription. However, Respondent did not provide M.L. with a copy of her
prescription following the examination.
10. At the completion of the examination, Respondent provided MLL. with
a Statement of Charges and Payments, which indicated that Respondent performed
one comprehensive examination established (CPT code 92014) which amount to
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$110.00, and one soft spherical evaluation (CPT code 92310) which amounted to
$70.00,
11. Respondent billed M.L.’s insurance carrier, VSP, a total of $95.00 and
charged M.L., a total $85.00, which included a $15.00 co-payment and $70.00
charge for a contact Jens examination, even though M.L. did not request or receive
a contact lens exam.
12. When MLL. inquired about the charge for the contact Jens examine she
was told that the Respondent was trying to “maximize her insurance benefits.”
13. Nothing in MLL.’s “optometric records indicates that Respondent
performed a contact lens examination, which includes but is not limited to lens
comfort, wearing schedule, replacement frequency, and methods of care.
14. Nothing in M.L.’s optometric records indicates that Respondent noted
the fit of the contact lens, any contact lens related pathology, visual acuity through
the contact Jens, refraction over the contact lens, or the Jens prescribed.
15. Nothing in M.L.’s oplometric records indicated that Respondent
performed a dilated fundus examination during M.L.’s initial presentation, or
anytime thereafter, whenever medically indicated.
16. Nothing in M.L.’s optometric records indicated that Respondent, in
performing a comprehensive eye exam on January 31, 2008, recorded M.L.’s
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patient history, including personal and family medical history, personal and family
ocular history, and M_L,’s chief complaint.
COUNT ONE
17. Petitioner realleges and incorporates paragraphs one (1) through
sixteen (16) as if fully set forth herein.
18. Section 463.016(1)(k), Florida Statutes (2007), provides that failing to
keep written optometric records about the examinations, treatments, and
prescriptions for patients constitutes an act for which disciplinary action may be
taken. ,
19, Nothing in M.L.’s optometric records indicated that Respondent
performed a contact Jens examination.
20. Nothing in M.L.’s optometric records indicated that Respondent noted
the fit of the contact lens, any contact lens related pathology, visual acuity through
the contact Jens, refraction over the contact lens, or the lens prescribed.
21, Based on the foregoing, Respondent violated Section 463.016(1)(k),
Florida Statutes (2007), by failing to keep written optometric records about M.L.’s
examinations, treatments, and prescriptions.
COUNT TWO
22, Petitioner realleges and incorporates paragraphs one (1) through
sixteen (16) as if fully set forth herein.
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23. Section 463.016(1)(t), Florida Statutes (2007), provides that violating
any provision of this chapter or chapter 456, or any rujes adopted pursuant thereto
constitutes an act for which disciplinary action may be taken,
24, Rule 64B13-3.007, Florida Administrative Code, Minimum Procedures
for Comprehensive Eye Examination reads in pertinent part as follows:
(1) A comprehensive eye examination is defined as a comprehensive
- assessment of the patient's visual status and shall include those procedures specified
in subsection (2) below.
(2) A comprehensive eye examination shall include the following minimum
procedures, which shall be recorded on the patient’s case record:
(a) Patient’s history (personal and family medical history, personal and family
ocular history, and chief complaint);
25, Nothing in M.L.’s optometric records indicated that Respondent, in
performing a comprehensive eye exam on January 31, 2008, recorded MLL.’s
patient history, including personal and family medical history, personal and family
ocular history, and M.L.’s chief complaint.
26. Based on the foregoing, Respondent violated Section 463.016(1)(t),
Florida Statutes (2007), by violating Rule 64B13-3.007, Florida Administrative
Code, by failing to record MLL.’s patient history, including personal and family
medical history, personal and family ocular history, and M.L,’s chief complaint,
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COUNT THREE
27. Section 463.016(1)(t), Florida Statutes (2007), provides that violating
any provision of this chapter or chapter 456, or any rules adopted pursuant thereto
constitutes an act for which disciplinary action may be taken.
28. Rule 64B13-3.010 (7)(a), Florida Administrative Code, reads in
pertinent part as follows:
To be in compliance with paragraph 64B13-3.007(2\(0), FAC,
certified optometrists shall perform a dilated fudus examination
during the patient’s initial presentation, and thereafter, whenever
medically indicated.
29, Nothing in ML’s oplometric records indicated that Respondent
performed a dilated fundus examination during M.L.’s initial presentation, or
anytime thereafier, whenever medically indicated, |
30. Based on the foregoing, Respondent violated Section 463.016(1)(t),
Florida Statutes (2007), by violating Rule 64B13-3.007, Florida Administrative
Code, by failing to perform a dilated fundus examination during M.L.’s initial
presentation, or anytime thereafter, whenever medically indicated.
COUNT FOUR
31. Section 463.016(1)(t), Florida Statutes (2007), provides that violating
any provision of this chapter or chapter 456, or any rules adopted pursuant thereto
constitutes an act for which disciplinary action may be taken.
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32, Rule 64B13-3.012(2), Florida Administrative Code, states that a
spectacle prescription shal] be considered valid for a period of five (5) years, and a
licensed practitioner shall make available to the patient or his agent any spectacle
prescription or duplicate copy determined for that patient.
33. During the examination, M.L. twice requested a copy of her
prescription. However, Respondent did not provide M.L. with a copy of her
prescription following the examination.
34. Based on the foregoing, Respondent violated Section 463.0] 6(1)(k),
Florida Statutes (2007), by violating Rule 64B13-3.012(2), Florida Administrative
Code, by failing to provide M.L. with a copy of her prescription following the
examination,
WHEREFORE, the Petitioner respectfully Téquests that the Board of
Optometry 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 the Respondent on probation, corrective action, refund of fees billed or
collected, remedial education and/or any other relief that the Board deems
appropriate.
DOH v. John Cochran, O.D. 7
Case No. 2008-13633 :
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FL DEPT OF HEALTH 856 488 1855
SIGNED this J day of Naect{ , 2009.
Ana M. Viamonte Ross, M.D., M.P-H.
Sven
C. Khai Patterson
Assistant General Counsel
, Toe DOH Prosecution Services Unit
CLERK » PPUTY cepa TH 4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
Florida Bar No.: 0023221
(850) 922-2268 Telephone
(850) 922-2832 Facsimile
CKP/ckp
Reviewed and approved by: (initials) (date)
PCP: March 6, 2009
PCP Members: McClane and Oles
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NOTICE OF RIGHTS
Respondent has the right 10 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
436.072(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. John Cochran, O.D. 9
Case No. 2008-13633
Docket for Case No: 09-002832PL
Issue Date |
Proceedings |
Jul. 28, 2009 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Jul. 27, 2009 |
Department of Health's Status Report and Motion to Dismiss filed.
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Jul. 01, 2009 |
Order Granting Continuance (parties to advise status by July 27, 2009).
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Jun. 29, 2009 |
Respondent's Motion to Continue Formal Hearing filed.
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Jun. 22, 2009 |
Amended Administrative Complaint filed.
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Jun. 19, 2009 |
Order Granting Motion to Amend the Administrative Complaint.
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Jun. 18, 2009 |
Department of Health's Unopposed Motion to Amend the Administrative Complaint filed.
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Jun. 10, 2009 |
Notice of Production from Nonparty (of VSP) filed.
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Jun. 10, 2009 |
Notice of Production from Nonparty filed.
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May 29, 2009 |
Order of Pre-hearing Instructions.
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May 29, 2009 |
Notice of Hearing (hearing set for July 14, 2009; 9:00 a.m.; Clearwater, FL).
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May 27, 2009 |
Joint Response to Initial Order filed.
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May 22, 2009 |
Notice of Serving Petitioner's First Request for Admissions filed.
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May 22, 2009 |
Notice of Serving Petitioner's First Set of Interrogatories filed.
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May 22, 2009 |
Notice of Filing Petitioner's Firs Request for Production filed.
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May 21, 2009 |
Initial Order.
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May 21, 2009 |
Request for Administrative Hearing filed.
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May 21, 2009 |
Administrative Complaint filed.
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May 21, 2009 |
Notice of Appearance (filed by C. Patterson).
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May 21, 2009 |
Agency referral
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