Aug 24 2009 11:53 P.@4-16 AUG-24-2889 12:35 AHCA STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2008-17831 ANDREW CHARLES KOPPELE, H.A.S. RESPONDENT. ee ADMINISTRATIVE COMPLAINT Comes now, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Hearing Aid Specialists against Respondent, Andrew Charies Koppele, H.A.S., and in support alleges: | 1. Petitioner is the state department charged with regulating the practice of Hearing Aid Specialists pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 484, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed Hearing Aid Specialist (HAS) within the state of Florida, having been issued license number AS 3655. Aug 24 2009 11:53 - P.@5/ AUG-24-26089 12°36 AHCA 3. Respondent's address of record is 711 Northeast 10 Avenue # 2 Hallandale Beach, Florida 33009, 4. At all times material to this Complaint, Respondent was an employee of The Hearing Company located at Tamarac, Florida. 2. At all times material to this Complaint, LS was an employee of The Hearing Company located at Tamarac, Florida. 6. On or about July 29, 2008, the Department received information that Respondent is allowing an unlicensed individual, LS, to. Practice as a hearing aid specialists at The Hearing Company located at Tamarac, Florida. 7. On or about July 29, 2008, the Department also received information that The Hearing Company offers to sell hearing aids through the mail via their website at www.thehearingcompany.com. A printout of the aforementioned website, dated July 29, 2008, clearly displays promoting and selling of Siemens Hearing Aid products via website or phone. 8. On or about July 29, 2008, the Department, pursuant to the information received, searched the Division of Corporations and found that Administrative Complaint ? DOH v. Koppele 2008-17831 J:\PSU\Nursing\Bonilla, L\Hearing Aid Specialist\Administrative Complaint\HAS AC DOH v Koppele Employ Unlicensed Person Selling Via Mail.doc Aug 24 2009 11:53 et P.86/ AUG-24-26089 12°36 AHCA Respondent is the registered agent and officer/director of The Hearing Company, Inc, 2. On or about August 11, 2008, Department Investigators MK and SH arrived at the Tamarac location and posed as potential clients. While on location the investigators observed business cards with LS’ name on it with the title of “Hearing Aid Specialists.” Investigator MK took a business card and asked to speak with LS. LS came out of an office located in the rear of the establishment and introduced herself. Investigators MK and SH, still undercover, asked questions regarding several types of hearing aids for their grandfather and asked about a machine on her desk which LS explained that she uses it to test hearing, LS then suggested that their grandfather make an appointment to see her So that she could test his hearing and fit him for a hearing aid. LS and the two investigators also discussed a financing plan. 10. On or about October 10, 2008, undercover Investigator MK arrived at the facility in regards to contacting LS. MK quickly learned that LS no longer worked at The Hearing Company and proceeded to contact its Owner, Respondent. Respondent advised that he was training LS in becoming a hearing aid specialist and even purchased the books for her to Administrative Complaint 3 DOH v. Koppele 2008-17831 J:\PSU\Nursing\ Bonilla, L\Hearing Aid Speclalist\Administrative Complaint\Has AC DOH vy Koppele Employ Unileensed Person Selling Via Mail.doc Aug 24 2009 11:53 . 16 AUG-24-2089 12°36 AHCA Pare study. Respondent denied knowing that LS was performing any tests on patients without his consent or supervision. MK informed Respondent that LS was not listed with the Board of Hearing Aid Specialists as a person in training and that Respondent lacked anything on his license indicating he was supervising LS. Respondent responded by stating that he thought he was doing everything correctly and confirmed that LS left his company about two months earlier. 11. On or about December 17, 2008, the Department received a written response to the allegations from Respondent. Respondent admits to having provided LS with business cards that said hearing aid specialist on them but denied that LS ever performed any function that is not allowed under the regulations, Respondent, in regards to their website, states that all of their products are shipped to their customers from The Hearing Company located in West Lebanon, New Hampshire. COUNT ONE 12. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as is fully set forth herein. 13. Section 456.072(1)(j), Florida Statutes (2008), provides that aiding, assisting, procuring, employing, or advising any unlicensed person Administrative Complaint . 4 DOH vy. Koppele 2008-17831 d: APU Narsing\Bonilia, L\Hearing Aid Specialist\Administrative Complaint\HaAS AC DOH v Koppele Employ Unlicensed Person Selling Via Mail.d Aug 24 2009 11:54 - P.@8 AUG-24-2689 12:37 AHCA or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board constitute grounds for disciplinary action by the Board of Hearing Aid Specialists. 14. Respondent failed to list LS as a person in training or identify himself as her supervisor with the Board of Hearing Aid Specialists even though Respondent purchased the books for LS to study. Furthermore, Respondent admittedly supplied LS with business cards indicating that she was a Hearing Aid Specialist while she worked at The Hearing Company. 15. Based on the foregoing, Respondent has violated Section 456.072(1)(j), Florida Statutes (2008), by aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board, COUNT TWO 16. - Petitioner realleges and incorporates Paragraphs one (1) through twelve (12) as is fully set forth herein, Administrative Complaint 5 DOH v. Koppele 2008-17631 J:\PSU\Nursing\Bonilla, L\Hearing Aid Specialist\Administrative Complaint\HAS AC DOH v Koppele Employ Unlicensed Person Salling Via Mail.dor Aug 24 2009 11:54 P9716 AUG-24-2089 12tar AHCA 17. Section 484,053(1)(f), Florida Statutes (2008), provides that a person may not knowingly employ unlicensed persons in the practice of dispensing hearing aids. 18. Respondent employed LS at The Hearing Company, purchased books for LS to study, and purchased business cards for LS to use while employed which stated that she was a Hearing Aid Specialist knowing that she was an unlicensed person in the Practice of dispensing hearing aids. 19. Based on the foregoing, Respondent has violated Section 484.053(1)(f), Florida Statutes (2008), . by knowingly employing an unlicensed person in the practice of dispensing hearing aids. COUNT THREE 20. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as is fully set forth herein. 21. Section 484.054, Florida Statutes (2008), provides that it is unlawful for any person to sell or distribute hearing aids through the mail to the ultimate consumer. 22. Respondent’s website offers to sell hearing aids via their website at www. thehearingcompany.com, Administrative Complaint 6 DOH v., Koppele 2008-17831 J:\PSU\Nursing\Bonilla, L\Hearing Ald Specialist\Administrative Complaint\Has AC OOH v Koppele Employ Unlicensed Person Selling Via Mail.doc Aug 24 2009 11:54 AUG-24-2089 12tar AHCA P.14/16 23. Based on the foregoing, Respondent has violated Section 484.054, Florida Statutes (2008), by selling or distributing hearing aids through the mail via website to the ultimate consumer. WHEREFORE, the Petitioner respectfully requests that the Board of Hearing Aid Specialists 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. SIGNED this_=%3 dayof__—_ Marc, 2009, Anna M, Viamonte Ros, M.D., M.P.H. State Surgeon General \ . Oa PB a Luis A. Bonilla Assistant General Counsel DOH Prosecution Services Unit FILED 4052 Bald Cypress Way, Bin C-65 Ee A eT OF PALTH Tallahassee, FL 32239-3265 CLERK Rachel Brooks Florida Bar # 0010289 DATE) - 24-4 (850) 245-4640 (850) 245-245-4683 Beet aing Coole 7 2006-17831 4:\PSU\Nursing\Bonilla, L\Hearing Ald Specialist\Administrative Complaint\HAS AC DOH v Koppele Employ Unlicensed Person Selling Via Mail.doc Aug 24 2009 11:55 P.1i/16 AUG-24-2089 12tar AHCA LB/Ib pcp: 1 ach a0, ROOF PCP Members: Smith ok (ou e ( Administrative Complaint : 8 DOH v. Koppele 2008-17831 J:\PSU\Nursing\ Bonilla, L\Hearing Aid Speciatist\Administratlve Complaint\HAS AC DOH y Koppele Employ Uniicensed Person Selling Via Mall.dac Aug 24 2009 11:55 P.i2/16 AUIG-24-2089 12:38 AHCA Andrew Koppele, H.A.S. DOH Case No. 2008-17831 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. Administrative Complaint 9 DOH v. Koppele 2008-17831 Ve eeaNursing\Bonilla, L\Hearing Aid Speclalist\Administrative Complaint\HAS AC DOH v Koppele Emplay Unlicensed Person Selling Ta Mail.doe

Docket for Case No: 09-004622PL