(Page 1 of 6) DEPARTMENTS DEPUTY CLE ETH ee Angel Sanders STATE OF FLORIDA © MAR 07 2017 DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES DEPARTMENT OF HEALTH, Petitioner, VS. Case No. 2010-05232 DANIEL J. FALCONE, Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF HEALTH (Petitioner), by and through the undersigned attorney, files an Administrative Complaint against DANIEL J. FALCONE (Respondent) and states: NATURE OF ACTION 1, Pursuant to §401.411, Florida Statutes, this is an action to revoke Respondent's paramedic certificate and impose an administrative fines up to $1,000.00 per count as provided by law. 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 lies 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 with regulating EMT and paramedics pursuant to Chapter 401, Fla. Stat. (Page 2 of 6) 5. At all times material hereto, Respondent has been licensed as a paramedic, certificate number PMD 11160. 6. Respondent’s address of record is 8 Fir Way, Cooper City, FL 33028. STATEMENT OF FACTS 7. At all times material hereto, Respondent was Florida-certified to practice as a paramedic. 8. Pursuant to Rule 64J-1.009, F.A.C., every two years, a paramedic must renew their certification by completing 30 hours of paramedic refresher training, including 2 hours of adult and pediatric education emergencies and 2 hours of HIV AIDS refresher training. A paramedic can renew their certification in one of three methods: through a local refresher training program affirmed by a licensed EMS provider's medical director; certificate of completion of refresher training from a department approved Florida training program; or a department approved continuing education provider. In each instance, a paramedic must provide proof of compliance. 9. 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. 10. Pursuant to Rule 64J-1.009(3), F.A.C., upon request, a paramedic must provide proof of compliance with the requirements of (2)(a). COUNT It RESPONDENT'S VIOLATED SECTION 401.411(1)(g), FLORIDA STATUTES, BY PRACTICING AS A PARAMEDIC WITHOUT THE APPROPRIATE CERTIFICATION AS REQUIRED BY SECTION 401.27(4)(e)2., FLORIDA STATUTES, 2 (Page 3 of 6) AND RULE 64J-1.009{2)(a), F.A.C. 11. Petitioner re-alleges and incorporates paragraph 1 through 10 as if fully set forth herein. 12. On or about May 27, 2009, Respondent was notified by the Petitioner's Licensing & Auditing Services Unit that they were in the process of conducting a continuing education audit of Respondent's paramedic certification for the December 2, 2006 to December 1, 2008 licensure period. Respondent was required to submit proof of 30 hours of paramedic refresher training, 2 hours of HIV/AIDS refresher training, and proof that he had maintained a current CPR or ACLS card. Respondent was required to respond on or before June 17, 2009 with the information: 13. Respondent received delivery of Petitioner's May 27" correspondence but failed to provide any information that he had completed 30 hours of paramedic refresher training, 2 hours of HIV/AIDS training, and proof of a current CPR or ACLS card. 14. Based on the following, Respondent violated §401.41 1(1}(g) by practicing as a paramedic between December 2, 2006 and December 1, 2008 without the appropriate training and certification as required by §401.27, Fla. Stat. and Rute 64J-1.009, F.A.C. 15. Pursuant to §401.411(7), Fla. Stat., each day of a violation constitutes a separate violation and is subject to a separate fine. Therefore, Petitioner may impose an administrative fine of $729,000.00 for the 729 days he was in violation of statute and rule. COUNT II RESPONDENT’S VIOLATED SECTION 401.411(1}(i), FLORIDA STATUTES (2008), BY FAILING TO PROVIDE THE DEPARTMENT INFORMATION UPON REQUEST REGARDING ITS INVESTIGATION (Page 4 of 6) 16. Petitioner re-alleges and incorporates paragraph 1 through 15 as if fully set forth herein. 17. On or about May 27, 2009, Respondent requested information to determine if he had complied with the continuing education and CPR/ACLS requirements of §401.27, Fla. Stat. and Rule 64J-1.009, F.A.C. Petitioner correspondence was delivered by U.S. certified mail. Respondent failed to respond. 18. Based on the following, Respondent violated §401.411(1)(i), Fla. Stat., by failing to provide Petitioner information sought regarding continuing education requirements. CONCLUSIONS OF LAW 19, Respondent violated §401.411(1)(g), Fla. Stat. (2009), by practicing as a paramedic without the appropriate certification as required by §401.27, Fla. Stat. and Rule 64J-1.009, F.A.C.. 20. Respondent violated §401.411(1)(i), Fla. Stat. (2009), by failing to provide Petitioner information upon request. 21. Pursuant to §401.411(1)(a), Fla. Stat., a licensee may be disciplined for violation of §401.411(1)(g) and (i). 22. 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: a. Make factual and legal findings in favor of Petitioner on Counts I and Il. b. Pursuant to §401.411(1), revoke Respondent's paramedic certificate. (Page § of 6) c. Pursuant to §401.411(7), impose an administrative fine of $730,000.00 for such violations. d. Provide such other relief as may be proper. Respectfully submitted on this SB day of Mar fb , 2012. NICHOLAS W. ROMANELLO General Counsel Florida Department of Health THOMAS F. CONGDON Assistant General Counsel Liti n Division 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 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. mail to Daniel J. Falcone, 8 Fir Way, Cooper City, FL 33028 on this S day of brace. - , 2012, Q P? THOMAS F. CONGDON Assistant General Counsel (Page 6 of 6) 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 28-106.201 5(5), Florida Administrative Code and must be sent to the Agency Clerk atthe 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 your right to a hearing, and this complaint will thereby become a final order of the department.

Docket for Case No: 13-001497PL