STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Crean arenes tty CASE NO. 2011-11672 2011-11236 DWAYNE C. FRISCH, H.A.S., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Hearing Aid Specialists against Respondent, Dwayne C. Frisch, 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 licensed “ to practice as a hearing aid specialist in the State of Florida, having been issued license number 4111 on or about June 1, 2006. DOH vy, Dwayne C. Frisch, HAS. 1 Case Nos.: 2011-11672, 2011-11236 J:\PSU\Medical\Tobey\Hearing Aid Specialists\ACs\Frisch, Dwayne 2011-11672, 2011-11236 (mandatory).doc Filed March 28, 2012 1:28 PM Division of Administrative Hearings 3. Respondent’s address of record is 6918 Cypress Gardens Boulevard, Winter Haven, Florida 33884. 4, On or about January 15, 2010, in the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida, in case number 53-2009-CF- 005023-01XX-XX, Respondent entered a plea of nolo contendere to one count of possession of methamphetamine in violation of Section 893.13, Florida Statutes, a felony. 5. Respondent’s plea regarding the possession _ of methamphetamine constitutes a crime directly related to practice or the ability to practice as a hearing aid specialist. 6. Respondent failed to report his plea of nolo contendere to one count of possession of methamphetamine to the Board in writing within 30 days. 7. On or about January 15, 2010, in the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida, in case number 53-2009-CF- 005023-01XX-XX, Respondent entered a plea of nolo contendere to one count of possession of testosterone in violation of Section 893.13, Florida Statutes, a felony, DOH v. Dwayne C. Frisch, H.A.S. 2 Case Nos.: 2011-11672, 2011-11236 3:\PSU\Medical\Tobey\Hearing Aid Specialists\ACs\Frisch, Dwayne 2011-11672, 2011-11236 (mandatory).doc 8. Respondent's plea regarding the possession of testosterone constitutes a crime directly related to the practice or the ability to practice as a hearing aid specialist. 9. Respondent failed to report his plea of nolo contendere to one count of possession of testosterone to the Board in writing within 30 days. Count One 10. Petitioner re-alleges and incorporates paragraphs one (1) through nine (9), as if fully set forth herein. 11. Section 484.056(1)(d), Florida Statutes (2009), provides that being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of dispensing hearing aids or the ability to practice dispensing hearing aids, including violations of any federal laws or regulations regarding hearing aids, constitutes grounds for disciplinary action by the Board of Hearing Aid Specialists, 12. Respondent entered a plea of nolo contendere to a crime which directly relates to the practice of dispensing hearing aids or the ability to the practice of dispensing hearing aids through one or more of the following: DOH v, Dwayne C. Frisch, H.A.S. 3 Case Nos.: 2011-11672, 2011-11236 J:\PSU\Medical\Tobey\Hearing Aid Specialists\ACs\Frisch, Dwayne 2011-11672, 2011-11236 (mandatory}.doc a) By entering a plea of nolo contendere to possession of methamphetamine on or about January 15, 2010; or, b) By entering a plea of nolo contendere to possession of testosterone on or about January 15, 2010. 13. Based on the foregoing, Respondent violated Section 484.056(1)(d), Florida Statutes. Count Two 14. Petitioner re-alleges and incorporates paragraphs one (1) through nine (9), as if fully set forth herein. 15. Section 456.072(1)(x), Florida Statutes (2009), provides that failing to report to the Board in writing within thirty (30) days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction constitutes grounds for disciplinary action by the Board of Hearing Aid Specialists. 16. Respondent violated Section 456.072(1)(x), Florida Statutes, through one for more of the following: a) By failing to report his plea of nolo contendere to one count of possession of methamphetamine to the Board in writing within 30 days; or, DOH v. Dwayne C. Frisch, H.A.S. 4 Case Nos.: 2011-11672, 2011-11236 JA\PSU\Medical\Tobey\Hearing Aid Specialists\ACs\Frisch, Dwayne 2011-11672, 2011-11236 (mandatory).doc b) By failing to report his plea of nolo contendere to one count of possession of testosterone to the Board in writing within 30 days. 17. Based on the foregoing, Respondent violated Section 456.072(1)(x), Florida Statutes, by failing to report to the Board in writing within thirty -(30) days after entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. 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. DOH v, Owayne C, Frisch, H.A.S. 5 Case Nos,: 2014-11672, 2011-11236 2:\PSU\Medical\Tobey\Hearing Aid Specialists\ACs\Frisch, Dwayne 2011-11672, 2011-11236 (mandatory). doc SIGNED this (6% day of __Deceubee , 2011, H. Frank Farmer, Jr, M.D., Ph.D., FA.C.P. State Surgeon General Assistant General Coutisé’ DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 FILED Tallahassee, FL 32399 DEPARTMENT oF HEALTH Florida Bar # 0542131 DEPUTY 1 Sand, (850) 245-4640 ext. 8176 bate DEC 19 20H (850) 245-4684 FAX tobey_schultz@doh.state.fl,us POP: Wali [sy Cowal Fisher FILED DEPARTMENT OF HEALTH DEPUTY CLERK dd pate: 22 -/, DOH v. Dwayne C. Frisch, H.A.S. 6 Case Nos: 2011-11672, 2011-11236 2:\PSU\Medical\Tobey\Hearing Aid Specialists\ACs\Frisch, Dwayne 2041-11672, 2011-11236 (mandatory).doc 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. Dwayne C. Frisch, H.A.S. 7 Case Nos.: 2011-11672, 2011-11236 J:\PSU\Medical\Tobey\Hearing Aid Specialists\ACs\Frisch, Dwayne 2011-11672, 2011-11236 {mandatory).doc

Docket for Case No: 12-001126PL