STATE OF FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL OVERSIGHT DEPARTMENT OF HEALTH, Petitioner, vs. Case No. 2011-(7540 COLLIER COUNTY EMS, Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF HEALTH (Petitioner), by and through the undersigned attorney, files an Administrative Complaint against COLLIER COUNTY EMS (Respondent) and states: NATURE OF ACTION 1, Pursuant to §401.411, Florida Statutes, this is an action to impose an administrative fine of $3,000.00 and reprimand Respondent's Advanced Life Support (ALS) certificate. JURISDICTION AND VENUE 2. The Petitioner has jurisdiction pursuant to Chapter 120, Florida Statutes (Fla. Stat.), and Rule 28-106, Florida Administrative Code (F.A.C.). 3. Venue fies pursuant to Rule 28-106.207, F.A.C. PARTIES 4. Petitioner is a state agency established in §20.43, Fla. Stat., and is charged Filed March 26, 2013 10:59 AM Division of Administrative Hearings with regulating emergency medical services pursuant to Chapter 401, Fla. Stat. 5. At all times material hereto, Respondent is an ALS provider, license number ALS 1102. 6. Respondent's address of record is 8075 Lely Cultural Parkway, Suite 445, Naples, FL 34113. STATEMENT OF FACTS 7. At all times material hereto, Walter Kopka was the interim-chief of Collier County EMS. 8. At all times material hereto, Naples Community Hospital (NCH) owns and operates Marco Island Health Center (MIHC) located at 40 Heathwood Drive, Marco Island, FL 34145. MIHC Is one of three NCH Walk-In Centers. 9. At all times material hereto, MIHC’s hours of operation are 0800 to 1930 hours, seven days a week, including holidays. 10. On or about October 2, 2011 at approximately 0814 hours, Robert Rowe arrives at MIHC with his friend Paul Anderson (Anderson). Anderson is complaining about dizziness. 11. At approximately 0846 hours, Collier County 911 (a.k.a. Collier County Sheriffs Office Communication Center) ‘receives a call from MIHC requesting an ambulance for an emergency transport of an 80 year-old male, complaining of dizziness. 12. At approximately 0848 Medic Rescue 50 (MR50) from Marco Island Fire Rescue Station 50 is dispatched to NCH MIHC. Seconds later, MRS50 is instructed by Collier County 911 dispatch to stand down because NCH Ambulance Service will handle the call. 13. | Atapproximately 0903 hours, Collier County EMS Battalion Chief 80 advises dispatch that NCH MIHC transport will handle the transport. 14. | Atapproximately 0911 hours, Collier County 911 dispatch center receives a second call from MIHC, this time from a registered nurse, advising that they need a ground ambulance transport immediately because their in-house paramedic has not reported for duty. Collier County 911 dispatch advises that ambulance is on the way. 15. | Atapproximately 0917 hours, NCH Ambulance Service employee, paramedic Laurie McKenney (McKenney), reports for duty at MIHC. 16. Atapproximately 0919 hours, Collier County 911 dispatch center dispatches Marco Island Fire Rescue Tower 50 (T50) and Medical Rescue 90 (MRQ0) to MIHC, MR90 is advised to standby in station. 17. At approximately, 0921 hours, T50 arrives at MIHC. 18. At approximately 0932 hours, upon evaluation of Anderson, T50 requests Medflight due to the critical condition of the patient. 19. At approximately 0938 hours, MR90 arrives at MICH and advises dispatch that there is only one patient. 20. At approximately 0940 hours, Medflight is placed on standby and NCH Ambulance Service transports Henderson to NCH downtown. A paramedic from MR50 assists McKenney with patient care during transport. 21, Pursuant to §401.45, Fla. Stat. (2011), a person may not be denied treatment or transport from any licensee for any emergency medical condition COUNT I RESPONDENT VIOLATED SECTION 401.411(g), FLORIDA STATUTES (2011), BY FAILING TO CONFORM TO THE MINIMAL PREVAILING STANDARDS OF ACCEPTABLE PRACTICE 22.. Petitioner re-alleges and incorporates paragraphs 1 through 21 as if fully set forth herein. 23. At all times material hereto, Collier County EMS maintains an ALS ground ambulance service provider license and its Certificate of Convenience and Public Necessity (COPCN) requires it to meet all the requirements of applicable laws and rules and provide “emergency services on a twenty-four (24) hour basis” encompassing the entire county. 24. At all times material hereto, Collier County and the City of Marco Island entered into an “Interlocal Agreement” to establish an ALS engine and rescue apparatus, licensed and equipped by Collier County EMS, at Marco Island Station 50 (Station 50). The agreement requires the City of Marco Island to provide one firefighter/paramedic or firefighter/EMT to the Collier County EMS and respond to all 911 medical/fire emergencies as directed by Collier County EMS fire/EMS protocol from Station 50. 25. Onorabout October 2, 2011, the NCH’s ALS ground transport ambulance at MICH was out of service when it opened for business at 0800 hours. Despite dispatching Medic Rescue 50 to MIHC, Collier County EMS Battalion Chief 80 (BC80) contravened dispatch orders by directing the dispatch center to stand-down MR50; therefore, terminating its response to MIHC. 26. Thirty-one minutes later, MIHC calls Collier County 911 requesting an ALS transport for Henderson. This time, T50 and MR90 are dispatched to MIHC. Immediately follawing the dispatch, Collier County 911 instructs MR90 to standby in their station. 27. Forty-six (46) minutes after the original 911 call, T50, after evaluating Henderson, requests Medflight to airlift the critically ill patient. 28. Due to the actions of Collier County EMS, the transport of Henderson is delayed approximately fifty-four (54) minutes after the original 911 call was made. Had Henderson been transported soon after the initial 91 1 call was made he would have arrived at NCH downtown emergency room well prior to the “actual” transport departure time and possibly changed the outcome of Henderson's condition. 29. Based on the foregoing, Respondent violated §401.411(1)(a), Fla. Stat. (2011), by failing to conform to the minimal prevailing standards of acceptable practice of a ALS ground transport provider. COUNT Il RESPONDENT VIOLATED SECTION 401.45(1), FLORIDA STATUTES, BY FAILING TO PROVIDE TREATMENT AND TRANSPORT AS REQUIRED BY ITS ADANCED LIFE SUPPORT LICENSE AND CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY 30. Petitioner re-alleges and incorporates paragraphs 1 through 29 as if fully set forth herein. 31. Pursuant to §§401.45(1), Fia. Stat., a person may not be denied treatment from any emergency medical condition that will deteriorate from failure to provide such treatment at any general hospital. 32. Respondent's actions on October 2nd departed from the minimum prevailing standards of acceptable practice under law and caused undue delay in transporting a critically iil patient. 33. Based on the foregoing, Respondent violated §401.45(1), Fla. Stat., by failing to timely treatment and transport as required by law. CONCLUSIONS OF LAW 34. Respondent violated §401.411(1)(g), Fla. Stat. (2011), by failing to conform to the minimal prevailing standards of acceptable practice. 35. Respondent violated §401.45(1)(a), Fla. Stat. (2011), by failing to comply with §401.45, Fla. Stat. 36. Pursuant to §401.411(1)(a), Fla. Stat., a licensee may be disciplined for violation of §§401.4411(1)(g) and 401.45(1). 37. 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 that the following sanctions be imposed against Respondent: a. Make factual and legal findings in favor of Petitioner on Counts | and II. b. Pursuant to §401.411(1), reprimand Respondent’s ALS provider license. c. Pursuant to §401.411(7), administratively fine Respondent $2,000 for such violations. d. Provide such other relief as may-be proper. Respectfully submitted on this 2 day of , 2011 THOMAS F. CONGDON Assi neral Counsel Thomas F,. Congdon Assistant General Counsel 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 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail to Collier County EMS, c/o Chief Walter Kona, 8075 Lely Culfural Parkway, Suite 445, Naples, FL 34113 on this 5 day of Never wba. , 2012. ( “s Thomas F. Congdon Assistant General Counsel

Docket for Case No: 13-001087