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STATE OF FLORIDA DEPARTMENT OF HEALTH
BUREAU OF EMERGENCY MEDICAL SERVICES
DEPARTMENT OF HEALTH,
Petitioner,
FREDDIE BATISTA,
Respondent.
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ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF HEALTH (Petitioner), by and through the undersigned attorney, files an Administrative Complaint against FREDDIE BATISTA (Respondent) and states:
Pursuant to §401.411, Florida Statutes (Fla. Stat.}, this is an action to revoke Respondent's paramedic certificate and impose an administrative fine up to $1,000.00 per count as provided by law.
The Petitioner has jurisdiction pursuant to Chapter 120, Fla. Stat., and Rule 28- 106, Florida Administrative Code (F.A.C.).
Venue lies pursuant to Rule 28-106.207, F.A.C.
Petitioner is a state agency established in §20.43, Fla. Stat., and is charged with regulating EMT and paramedics pursuant to Chapter 401, Fla. Stat.
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Filed August 7, 2012 2:14 PM Division of Administrative Hearings
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At all times material hereto, Respondent has been licensed as a paramedic, certificate number PMD16807.
Respondent's address of record is 1121O NW 45TH Street, Coral Springs, Florida 33065.
At all times material hereto, Respondent was employed by Fort Lauderdale Fire Rescue (FLFR) as a firefighter/paramedic and Safety Solutions, Inc. as its vice president and director of Online Learning Safety Solutions.
8. Pursuant to §401.27(4)(e)2., Fla. Stat. and rule 64J 1.009(2)(a), F.A.C., a paramedic must maintain a current American Heart Association (AHA) Advanced Cardiac life Support (ACLS) provider card.
The AHA ACLS program is governed through the AHA Program Administration Manual: Guidelines for Program Administration and Training.
An AHA ACLS approved training center must agree to perform its duties in a manner consistent with the AHA mission and guidelines, including but not limited to: entering into agreements with individuals to instruct ACLS courses, maintain records, provide a current list of instructors and training sites, maintain an instructor file, maintain course rosters and written examination answer sheets, and issuance of ACLS provider cards.
EMS Academy is an approved training center for the AHA.
An AHA ACLS training site must agree to conduct AHA courses in accordance with the guidelines outlined in the AHA Program Administration Manual.
At all times material hereto, Safety Solutions, Inc. was not approved as an AHA ACLS training site.
AHA ACLS courses must be taught by an AHA ACLS Instructor with current Instructor status.
Respondent did not have an agreement with EMS Academy to provide AHA ACLS course instruction.
At all times material hereto, EMS Academy did not approve, authorize or otherwise endorse Respondent to provide ACLS instruction.
AHA ACLS provider cards are obtained only through approved AHA training centers.
Petitioner re-alleges and incorporates paragraph 1 through 17 as if fully set forth herein.
Respondent transmitted a fraudulent ACLS provider card to firefighter/paramedic Gregory Jones (Jones), who submitted the card to FLFR as verification that he had complied with the requirements of §401.27(4)(e)2., Fla. Stat. and Rule 64J-1.009(2)(a), F.A.C.
On or about September 20, 2011, during an audit of FLFR employee training files, Assistant Fire Chief Robert Hoecherl (Chief Hoecherl) discovered that Jone's ACLS provider card appeared to be altered.
On or about October 9, 2011, Jones was suspended without pay by FLFR pending the outcome of an investigation involving the validity of his ACLS provider card.
Based on the following, Respondent violated §401.411(1)(f) by fraudulently renewing the ACLS provider card of Jones when he knew he did not complete the required training.
Petitioner re-alleges and incorporates paragraph 1 through 22 as if fully set forth herein.
Respondent transmitted a fraudulent ACLS provider card to firefighter/paramedic Steve Loleski (Loleski), who submitted the card to FLFR as verification that he had complied with the requirements of §401.27(4)(e)2., Fla. Stat. and Rule 64J-1.009(2)(a), F.A.C.
On or about September 19, 2011, during a review of Loleski's training file, Chief Hoecherl discovered that Loleski's ACLS provider card appeared to be altered compared to other ACLS provider cards.
On or about September 21, 2011, Loleski was suspended without pay by FLFR pending the outcome of an investigation involving the validity of his ACLS provider card.
Based on the following, Respondent violated §401.411(1)(f) by fraudulently renewing the ACLS provider card of Loleski when he knew he did not complete the required training.
Petitioner re-alleges and incorporates paragraph 1 through 27 as if fully set forth herein.
Respondent transmitted a fraudulent ACLS provider card to firefighter/paramedic David Mercado (Mercado), who submitted the card to FLFR as verification that he had complied with the requirements of §401.27(4)(e)2., Fla. Stat. and Rule 64J-1.009(2)(a), F.A.C.
On or about September 20, 2011, during an audit of FLFR employee training files, Chief Hoecherl discovered that Mercado's ACLS provider card appeared to be altered.
On or about September 21, 2011, Mercado was suspended without pay by FLFR pending the outcome of an investigation involving the validity of his ACLS provider card.
Based on the following, Respondent violated §401.411(1)(f) by fraudulently renewing the ACLS provider card of Mercado when he knew he did not complete the required training.
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Petitioner re-alleges and incorporates paragraph 1 through 32 as if fully set forth herein.
Respondent transmitted a fraudulent ACLS provider card to firefighter/paramedic Joseph Perri (Perri), who submitted the card to FLFR as verification that he had complied with the requirements of §401.27(4)(e)2., Fla. Stat. and Rule 64J- 1.009(2)(a}, F.A.C.
On or about September 20, 2011, during an audit of FLFR employee training files, Chief Hoecherl discovered that Perri's ACLS provider card appeared to be altered.
On or about September 21, 2011, Perri was suspended without pay by FLFR pending the outcome of an investigation involving the validity of his ACLS provider card.
Based on the following, Respondent violated §401.411(1)(f) by fraudulently
renewing the ACLS provider card of Perri when he knew he did not complete the required training.
Petitioner re-alleges and incorporates paragraph 1 through 37 as if fully set forth herein.
Respondent transmitted a fraudulent ACLS provider card to firefighter/paramedic Michael Reimer (Reimer}, who submitted the card to FLFR as verification that he had complied with the requirements of §401.27(4)(e)2., Fla. Stat. and Rule 64J-1.009(2)(a), F.A.C.
On or about September 20, 2011, during an audit of FLFR employee training files, Chief Hoecherl discovered that Reimer's ACLS provider card appeared to be altered.
On or about September 21, 2011. Reimer was suspended without pay by FLFR pending the outcome of an investigation involving the validity of his ACLS provider card.
Based on the following, Respondent violated §401.411(1)(f) by fraudulently renewing the ACLS provider card of Reimer when he knew he did not complete the required training.
Petitioner re-alleges and incorporates paragraph 1 through 42 as if fully set forth herein.
Between August 30, 2010 and September 21, 2011, Respondent engaged in a scheme to renew the ACLS provider cards of five firefighters/paramedics and himself. Specifically, Respondent altered and transmitted ACLS provider cards that were fraudulent and did not represent that the training as required by statute and rule was completed by the other firefighters/paramedics and himself.
Between August 30, 2010 and September 21, 2011, Respondent held himself out as an ACLS instructor for EMS Academy when he was not authorized to do so.
Based on the following, Respondent violated §401.411(1)(g) by misrepresenting ACLS certification documentation and his relationship with EMS Academy.
Petitioner re-alleges and incorporates paragraph 1 through 46 as if fully set forth herein.
48. Pursuant to §401.27(4)(e)2., Fla. Stat. and Rule 64J-1.009(2)(a), F.A.C., a
paramedic must hold a certificate of completion in ACLS from the American Heart Association or its equivalent as defined by department rule. In order to maintain an active paramedic certificate, a paramedic must renew ACLS provider card every two years.
Respondent allowed his ACLS to expire on August 31, 201O and continued to operate as a paramedic without a valid ACLS provider card until September 21, 2011.
Pursuant to §401.411(7), Fla. Stat., each day of a violation constitutes a separate violation and is subject to a separate fine.
Respondent was without a valid ACLS card for 388 days (September 1, 2010 to September 21, 2011).
Based on the following, Respondent violated §401.27(4)(e)2 and Rule 64J- 1.009(2)(a) for failing to hold an ACLS provider card; therefore, Petitioner may impose a fine up to $388,000.00.
Respondent violated §401.411(1)(f), Fla. Stat., by renewing the ACLS provider card of five other firefighters/paramedics through fraudulent action and misrepresentation.
Respondent violated §401.411(1)(9), Fla. Stat., by engaging in unprofessional
conduct
Respondent violated §401.27(4)(e)2 and Rule 64J-1.009(2)(a) for failing to hold
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an ACLS provider card as a Florida-certified paramedic.
Pursuant to §401.411(1)(a), Fla. Stat., a licensee may be disciplined for violation of §§401.411(1)(a), (f) and (g) and 401.27(4) and Rule 64J-1.009(2).
All classifications of EMS licensure held by Respondent are subject to any final order which issues in this case, as provided by §401.411(2).
CLAIM FOR RELIEF
WHEREFORE, Petitioner respectfully requests the following:
Make factual and legal findings in favor of Petitioner on Counts I through VII.
Pursuant to §401.411(1), revoke Respondent's paramedic certificate.
Pursuant to §401.411(7), impose an administrative fine of $6,000.00 for Counts I through VI and $388,000.00 for Count VII.
Provide such other relief as may be proper.
Respectfully submitted on this I day of _/1,,l_t.._,_e,,,_(,,.
, 2012.
NICHOLAS W. ROMANELLO
General Counsel
Florida Department of Health
THOMAS F. CONGDON
Assistant General Counsel
L (J"
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THOMAS F. CONGDON Fla. Bar No. 0620408
Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #A02 Tallahassee, FL 32399-1703
Telephone: (850) 245-4005
Facsimile: (850) 413-8743
Email: thomas_congdon@doh.state.fl.us
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by hand-delivery to Freddie Batista, 11210 NW 45TH Street, Coral Springs, Florida 33065 on this _Lday of . c.l--- , 2012.
TDON
Assistant General Counsel
NOTICE OF RIGHTS
Respondent has the right to request or petition for an administrative hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes. Respondent has the right to be represented by counsel or other qualified representative. Administrative hearings are governed by Rule 28-106, Florida Administrative Code. A request or petition for an administrative hearing must be in writing and must be received by the agency clerk within twenty-one (21) days from the day you received this Administrative Complaint. A request or petition for a hearing must be in conformance with Chapter 28-106.2015(5), Florida Administrative Code and must be sent to the Agency Clerk at the following address:
Agency Clerk Department of Health
4052 Bald Cypress Way, Bin #C-01 Tallahassee FL 32399-1703.
Mediation is not available as an alternative remedy.
Your failure to submit a petition for hearing within 21 days from receipt of this Administrative Complaint will constitute a waiver of yourright to a hearing, and this complaint will thereby become a final order of the department.
