(Page 1 of 6) Ma eke teeta ened renee STATE OF FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES DEPARTMENT OF HEALTH, } a Petitioner, vs. Case No.: 2011-18699 JEAN-ANTOINE J, PIERRE, Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF HEALTH (Petitioner), by and through the undersigned attorney, files an Administrative Complaint against JEAN ANTONIE J. PIERRE (Respondent) and states: . NATURE OF ACTION 1, Pursuant to §401.411, Florida Statutes, this is an action ta revoke ‘Respondent's paramedic certificate and impose administrative fines up to $1,000.00 per each 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 emergency medical technicians (EMT) and paramedics pursuant to Chapter 1 Exhibit A (Page 2 of 6) 401, Fla. Stat. 5. At all times material hereto, Respondent has been | icensed as a paramedic, certificate number PMD 509615. 6. ° Respondent's address of record is P.O, Box 742224, Boynton Beach, FL 33474, COUNT! RESPONDENT VIOLATED SECTION 401,41 1(1}(g), FLORIDA STATUTES (2011), FOR ENGAGING IN UNPROFESSIONAL CONDUCT 7, Petitioner re-alleges and incorporates paragraph 1 through 6 as if fully set forth herein, 8. At ail -times material hereto, Respondent was employed’ as firefighter/paramedic by the Palm Beach County Fire Rescue (PBCFR). - 9. On or about November 15, 2011, the South Palm Beach Police Department was dispatched to 3250 S. Ocean Boulevard in response to multiple gunshots fired at that location. Police encountered Respondent at the 4"-floor stairwell of the dwelling. Respondent admitted to discharging 18 to 22 bullets from his .40 caliber pistol. He told police he was trying to wam everyone about a bomb. Respondent became agitated and wamed police that they were in danger and needed to clear the building. 10. Respondent was arrested on felony charges of Shooting into an Occupied Bullding, a violation of §790.19, Fla. Stat, and False Reports Conceming Bomb Threat, a Violation of §790,164(4), Fla. Stat. - 11. | Respondent was transported to Lantana Police Department for processing and placed in a holding cell, While in the cell, Respondent pulled down the fluorescent 2 (Page 3 ef 6) light fixture on the ceiling. 12. On the same date, Respondent was placed on administrative leave by PBCFR pending disposition of the criminal charges. 13. | Basedon the following, Respondent violated §401.411(1)(g), Fla. Stat, (2011) by engaging in unprofessional conduct. COUNT Il RESPONDENT VIOLATED SECTION 401.41 1(1)(k), FLORIDA STATUTES (2011), BY PRACTIGING AS A HEALTH CARE PROFESSOINAL WITHOUT REGARD FOR THE SAFETY OF THE PUBLIC BY REASON OF ILLNESS OR USE OF DRUGS ORAS A RESULT OF ANY-MENTAL OR PHYSICAL CONDITION 14. -Petitioner re-alleges and incorporates paragraph 1 through 13 as if fully set forth herein 15. On or about November 16, 204 1, appeared in the Court of the Fifteenth Judicial Circuit court whereupon Respondent was ordered for mental evaluation and transferred out of Palm Beach County Jail to a forensic hospital. 16. Onorabout January 6, 2012, Respondent was deemed incompetent to stand trial and his felony case was assigned to the mental health division of Fifteenth Judicial Circuit. On or about March 16, 2012, Respondent was deemed competent to stand trial, 17. Onorabout March 30, 2012, Respondent was released on bond and ordered to in-house arrest while on bond, which included attending all hearings related to his employment with PBCFR, meet with attorneys related to his criminal trial, attend required mental health and medical appointments, surrender his concealed weapons permit, remain: fifly yards from any county or city building, including Station 38 and other PBCFR fire stations. (age 4 of 6) 18. Based on the following, Respondent violated §401.411(1)(k), Fla. Stat., by practicing as a paramedic without regard for the safety of the public by reason of mental illness or alcohol or drug use. GOUNT ill RESPONDENT VIOLATED SECTION 401.444 (1){), FLORIDA STATUTES (2008), FOR FAILING TO REPORT A VIOLATION THAT HE HAD BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE 19. Petitioner re-alleges and incorporates paragraph 1 through 18 as if Tully set forth herein. 20. On or about September 22, 2009, Respondent was convicted. of Driving Under the Influence (BUN) and Unlawful Speed. As a result, Respondent's drivers license was suspended for 6 months, was sentenced to 6 months of probation, required to attend DU! school, pay court fees, complete 75 hours of community service, and undergo anger management counseling. 21. Respondent failed to report his arrest and conviction for DUI to Petitioner as required by §401.411(4 XD, Fla. Stat. 22, Based onthe following, Respondent violated §401.411(1)(), Fla. Stat, (2009) by failing to report a violation that he had been convicted of driving under the influence. GONCLUSIONS OF LAW 23. Respondent violated §401.411 (1)(g), Fla. Stat. (2011), by engaging in unprofessional conduct. ; 24, Respondent violated §401.411(4)(k), Fla, Stat, (2011), by practicing as a health care professional . (Page 5 of 6) 25. Respondent violated §401.411(1), Fla. Stat. (2009), by falling to report that he had been convicted of driving under the influence. 26. Pursuant to §401.411(1)(a), Fla. Stat, a licensee may be disciplined for violation of §401.411(1}(g). 27. 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), Fla. Stat. CLAIM FOR RELIEF WHEREFORE, Petitioner respectfully requests the following: a. Make factual and legal findings in favor of Petitioner on Counts I, IDand Hh b, Pursuant to §401.411(1)(a), revoke Respondent's paramedic certificate. c. Pursuant to §401.44 1(7), impose an administrative fine of $3,000.00, d. Provide such-other relief as may be proper, Respectfully submitted this A8 day of dure 2012. THOMAS F. CONGDON Assistant General Counsel Thomas F. Congdon Fla. Bar No. 0620408 FILED DEPARTMENT OF HEALTH Florida Department of Health DEPUTY CLERK Office of the General Counsel CLERK Angel Sanders 4052 Bald Cypress Way, Bin #402 DATE SUN: 29 2012 . Tallahassee, FL 32399-1703 Telephone: (850) 245-4005 Facsimile: (850) 413-8743 Email; thomas_congdon@doh.state.fl.us (ade 6 of 6) CERTIFICATE OF SERVICE | HEREBY CERTIFY that 4 true and correct copy of the foragoing has been fumished by U.S. certifi ail to Jean-Antoine J. Piarre,.P.0; Box 742224, Boynton Beach, FL 33474 on this oy” day of & , 2012. THOMAS F, CONGDON Assistant General Counsel! NOTICE OF RIGHTS Respondent has the right to request or petition for an administrative hearing to ba 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 28-108, 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 Com plaint. 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 alterriative 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. Exhibit B FILED DEPARTMENT OF HEALTH 2 DEPUTY CLERK July 25, 2010 CLERK Angel Sanders pate JUL 31 2012 | Agency Clerk Department of Health 4052 Bald Cypress Way, Bin #C-01 Tallahassee FL 32399-1703 Re: DOH v. Jean-Antoine Pierre, EMS CASE No.: 201 1-18699 Dear Clerk or whom it may concern, Tam writing this letter to formally inform you that I am petitioning your office for an administrative hearing in the above referenced matter. Please be advised that I only - received this in the mail on July 23", The letter and Administrative Complaint was sent certified mail, # 7004 0550 000 9644 6565, sent from your office. If or when you check the slip it will show that my mother signed for the letter on July 17", at the address listed below, which is my mailing address. The mail going to my PO Box is being forwarded, The new mail forwarding slip shows July 5" as the date forwarded from PO Box. I want to make sure that it is clear that I have responded with 21 days from receipt of letter and case. If possible could someone in your office please send the procedures for an Administrative hearing. I do not want to lose my paramedic license. I do not have the money for counsel. You office is aware that I am on administrative leave without pay pending the outcome of my case in Palm Beach County the 15" District Cixcuit Court. I will be contacting the Assistant General Counsel, Mr. Thomas F, Congdon, in the next few days. In addition, would your office pléase provide a list of other qualified representatives who are authorized to handle Administrative Law? Sincerely, Jean-Antoine Pierre State of FL Paramedic #PMD 509615 New mailing address 2018 Maplewood Trail Decatur, GA. 30035 Physical address 2925 SW 22™ Cir #33B Delray Beach, FL. 33445 Telephone: (954)478-0074 Email: jpchewkey@yahoo.com D- Proce S405 su/ 22nd Gr #338 Deltas, , FL B3ays sere ce bof { 408 lc press Way, Bin #C-0l Tallahassee Ft 3258-1703 BP597 “eee (MIN ty oJ 704k 3500 0001 7731 LOG $10 4 oogatzes-cc} EPI14H JAN 2014 Outer Dimension: 10x 5 aes Yo ed OL oR POR GNA i ” kal Tid prodoc for ue whit Beal ‘thipmsats, Misura may ba a violation of federal law, Thia tape is not for resale. 8002 Aer ‘yao ge) woo'sdsn 18 8 HSA PEDDDOLONCDSd " provid f EP ina of octal i Tne packages ha forrest, Forrester, JuliaP |... From: Forrester, Julia P ; Sent: Thursday, February 21, 2013 5:58 PM To: ‘jpchewkey @ yahoo.com’ Subject: Response to Administrative Complaint Mr. Jean-Antoine Pierre 2018 Maplewood Trail Decatur, Georgia 30035 Re: DOH v. Pierre, Case No. 2011-18699 Dear Mr. Pierre: Thank you for calling to talk about your case. | am glad we could discuss your concerns. This e-mail will confirm our conversation. Your letter dated July 25, 2012, does not properly respond to the Administrative Complaint. Although you requested an administrative hearing, you did not state whether or not you dispute the facts alleged in the Administrative Complaint and you did not state with specificity the facts you dispute. Please notify me by March 1, 2013, whether you wish to dispute the facts and elect a formal evidentiary hearing or whether you do not dispute the facts and elect an informal hearing. If you wish to discuss settlement of your case in lieu of proceeding to a formal hearing, please also advise me of this at the time you elect a formal hearing. As we discussed, | will not be willing to settle your case unless you can present credible evidence that you are currently able to practice as a paramedic with reasonable skill and safety to patients and evidence regarding the outcome of all criminal charges filed against you. Evidence of your ability to practice must include reliable medical evidence of your current abilities as well as information regarding your compliance with any plan of care necessary to continue your ability to safely practice. As we discussed, your compliance with care required by the court subsequent to your criminal proceedings may suffice. | will also need a certified copy of any court order or other document under which you are receiving such care. Regardiess of the outcome of your case, please accept my best wishes for your continued recovery. Sincerely, Sulia P. Forvestor Julia P, Forrester Assistant General Counsel Prosecution Services Unit Exhibit C Florida Department of Health 4052 Bald Cypress Way, Bin # C-65 Tallahassee, Florida 32399-3265 850-245-4923 Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. However, if this e-mail concerns anticipated or current litigation or adversarial administrative proceeding to which the Florida Department of Health isa party, this email is an attorney-client communication, and is, therefore, alimited access public document exempt from the provisions of Chapter 119, Florida Statutes. See Section 119.071(d)1., Florida Statutes (2010). Mission: To protect, promote & improve the health of all people in Florida through integrated state, county, & community efforts. Vision: Statement: Healthiest State in the Nation Values: (ICARE) | nnovation: We search for creative solutions and manage resources wisely. C ollaboration: We use teamwork to achieve common goals & solve problems. Accountability: We perform with integrity & respect. R esponsiveness: We achieve our mission by serving our customers & engaging our partners. E xcellence: We promote quality outcomes through learning & continuous performance improvement. “ Page 1 of 3 Forrester, Julia P From: Forrester, Julia P Sent: Tuesday, April 09, 2013 5:06 PM To: ip’ Subject: RE: Settlement Agreement, Case No. 201 1-18699; response required Dear Mr. Pierre: 1 must receive the executed settlement agreement by April 15, 2013. If { do not receive it by that date, | will proceed in the case against you. Sincerely, Julia P. Forrester From: j p [mailto:jpchéwkey@yahoo.com] Sent: Tuesday, April 09, 2013 5:02 PM Ta: Forrester, Julia P . Subject: Re: Settlement Agreement, Case No. 2011-18699; response required I appreciate the opportunity that you have offered me to settle this case. I was hoping that we can continue to work together for a optimum resolution, First off1 emailed you a letter of my treatment to show proof that I am being monitored on a weekly basis, if not day to day at times, and that I am complying with the medical direction for my overall health. I have the following concerns about this first proposed agreement: 1. The settlement agreement that you are offering has not been approved by your bosses. So down the line you or they can come back and say what you have proposed is not sufficient. How about we seek there approval first? 2. You are looking to suspend my certificate in this settlement, suspension is a punitive response and not a settlement. I understand your position with regards to the citizens. I have given you my word that I would not work as a paramedic. I have no problem seeking work outside the paramedic field, A simple way to address this: if I work as a paramedic you and the state can and will revoke my certificate, So with that on the table I will not jeopardize my standing with you, the DOH and my paramedic certificate. That is a very simple agreement that I have no problem signing my name to. I look forward to your continued effort to seek an amicable resolution in my case. Furthermore, I dispute all three counts in my case. I do not understand why I have to state the specific facts that I dispute to you. My understanding is that what I dispute would be presented at a hearing if we get to that point. With a few modifications to your first proposed agreement I think we can come to a resolution that is fair and protects the citizens of this greater state. Thank you and God bless, Jean Pierre (JP) email:jpchewkey@yahoo.com phone:954-478-0074 eee Exhibit D 4/9/2013 Page 2 of 3 From: “Julia_Forrester@doh.state.fi.us" To: jpchewkey@yahoo.com Sent: Tuesday, March 19, 2013 3:49 PM ; Subject: Settlement Agreement, Case No. 2011-1 8699; response required Dear Mr. Pierre: Thank you for staying in touch and for providing documentation of your program. After careful consideration, | am willing. to recommend to my supervisor that the attached settlement agreement will be a fair disposition of the case. My primary concern is your safety to practice and your continued compliance with medical recommendations to assure your continued safe practice. Please review the attached settlement agreement. If it meets with your approval, please sign it in the presence of a notary and initial each page. Once you have returned it to me initialed and executed, | will attempt to obtain approval to request that a final order accepting it as the resolution of your case be entered. Once a final order is entered, your certificate will be suspended until you submit the evidence described in the agreement and the Department notifies you through an order that the evidence is acceptable and the suspension is lifted. If you do not wish to enter into this agreement, | will need you to state specifically what facts in the administrative complaint you dispute. If you do not dispute specific material facts, then | seek to have your case heard by a presiding officer appointed by the Department fo serve as an impartial hearing officer for the purposes of an informal hearing. If you do not respond within 21 days of the date of this e-mail, | will seek and informal hearing based upon your failure to dispute material facts and your request for a hearing. Please accept my best wishes for your continued recovery. | will look forward to hearing from you soon. Sincerely, Julia P. Forrester Assistant General Counsel From: j p [mailto: jpchewkey@yahoo.com ] Sent: Friday, March 15, 2013 4:29 PM To: Forrester, Julia P Ce: Kristine Rosendahles Subject: Fw: Pierre / letter of treatment;case number 2011-18699 Good Afternoon, Tam re-sending you this email that I sent the Wednesday before last. It has a letter attached verifying my treatment and ongoing compliance to said treatment. Please call me at your convenience so we can continue to discuss settlement arrangements. Thank You Jean Pierre 954-478-0074 4/9/2013 Page 3 of 3 ----- Forwarded Message --—— : From: " jpchewkey@yahoo.com “ < jochewkey@yahoo.com > To: Julia_Forrester Sent: Wednesday, March 6, 2013 3:50 PM Subject: Pierre / letter of treatment Good afternoon, I wanted to get this to you right away. The attached letter is from the agency that is going to over see my treatment. At your convenience, could you contact me and let me know where we go from here. Thanks for all your help, Jean Pierre size=2 width="100%" align=center> Spam Not spam \ Forget previous vote size=2 width="100%" align=center> Spam Not spam Forget previous vote 4/9/2013

Docket for Case No: 13-002264PL

Issue Date	Proceedings
Jul. 30, 2013	Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 29, 2013	Joint Motion for an Order Relinquishing Jurisdiction filed.
Jul. 08, 2013	Undeliverable envelope returned from the Post Office.
Jun. 26, 2013	Order of Pre-hearing Instructions.
Jun. 26, 2013	Notice of Hearing by Video Teleconference (hearing set for August 14, 2013; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Jun. 18, 2013	Request for Administrative Hearing filed.
Jun. 18, 2013	Administrative Complaint filed.
Jun. 18, 2013	Motion for Appointment of Presiding Officer and Motion for Informal Hearing filed.
Jun. 18, 2013	Notice (of Agency referral) filed.
Jun. 18, 2013	Initial Order.