STATE OF FLORIDA BOARD OF PHYSICAL THERAPY PRACTICE DEPARTMENT OF HEALTH, Petitioner, Vv. CASE NO. 2015-08398 COLLINS BAPTISTE, PTA, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Physical Therapy Practice (hereinafter Board) against Collins Baptiste, PT, and alleges: 1. Petitioner is the state agency charged with regulating the practice of physical therapy pursuant to section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 486, Florida Statutes. 2. At all times material to this Complaint, Respondent was a physical therapist assistant in the State of Florida, having been issued license number 21218 on or about April 24, 2008. 3. Respondent’s mailing address of record is 18905 Northeast 25th Avenue, Miami, Florida 33180. An additional address for Respondent is 271 Northeast 72nd Street, North Miami Beach, Florida 33162. 4. At all times material to this Complaint, Respondent was employed as a physical therapist assistant at North Beach Rehabilitation Center (North Beach Rehab), located at 2201 Northeast 170th Street, North Miami Beach, Florida 33160. 5. At all times material to this Complaint, Patient M.G. was a patient at North Beach Rehab and received physical therapy treatment from Respondent. 6. On or about February 21, 2015, Respondent submitted documentation indicating that he treated Patient M.G. on February 21, 2015, from 6:48 a.m. until 7:48 a.m. 7. However, Patient M.G. was admitted to another facility for chemotherapy on February 20, 2015 and did not return to North Beach Rehab until February 22, 2015. DOH v. Collins Baptiste, PTA Page 2 of 6 DOH Case No, 2015-08398 8. | When questioned by North Beach Rehab employees about the discrepancy, Respondent initially claimed to have treated Patient M.G. prior to her discharge for chemotherapy and claimed to have even seen her being transferred for transportation. 9. Subsequently, Respondent submitted a written statement to North Beach Rehab stating that he had not treated Patient M.G. on February 21, 2015. Respondent stated that he attempted to treat Patient M.G., but was informed that she was out of the facility. Respondent further stated that he mistakenly filled in another patient’s treatment notes into Patient M.G.'s treatment notes, 10. Section 486.125(1)(k), Florida Statutes (2014), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline. 11. Rule 64B17-6.001(2)(e), Florida Administrative Code (2014), provides, in relevant part, that: Physical therapist assistants shall not use or participate in the use of any form of communication containing false, fraudulent, misleading, deceptive, unfair or sensational statement or claim, nor misrepresentation of services or self, nor engage in other unprofessional conduct, including, but not limited to, inaccurately recorded, falsified, or altered patient records. DOH v. Collins Baptiste, PTA Page 3 of 6 DOH Case No. 2015-08398 12. Respondent used or participated in communication containing false, fraudulent, misleading, or deceptive statement or claim, or made misrepresentations of services or self, or engaged in other unprofessional conduct in one or more of the following ways: a. When Respondent submitted documentation indicating that he treated Patient M.G. on February 21, 2015 for services that were not rendered as indicated; b. When Respondent misrepresented to North Beach Rehab that he had treated Patient M.G. on February 21, 2015 despite not having done so; and/or c. When Respondent documented treatment for the wrong patient on February 21, 2015. 13. Based on the foregoing, Respondent violated Section 486.125(1)(k), Florida Statutes (2014), through a violation of Rule 64B17- 6.001(2)(e), Florida Administrative Code (2014). WHEREFORE, the Petitioner respectfully requests that the Board of Physical Therapy Practice enter an order imposing one or more of the following penalties: permanent revocation or suspension of license, restriction of practice, imposition of an administrative fine, issuance of a DOH v. Collins Baptiste, PTA Page 4 of 6 DOH Case No. 2015-08398 reprimand, placement of the Respondent on probation, corrective action, continuing education and/or any other relief that the Board deems appropriate. SIGNED this _/3 % day of De cermnbe , 2016, Celeste Philip, MD, MPH Surgeon General and Secretary | Assistant Géneral Counsel Florida Bar #0099413 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 (850) 245-4444, ext. 8178 (850) 245-4684 (fax) 2 HEALTH DEPARTMENT OF DEPUTY CLERK IDERS cme eC 1 320 __paTE PCP: 12/13/16 PCP Members: Dr. Petraglia, Mr. Hughes, and Mr. Bumgarner DOH v, Collins Baptiste, PTA Page 5 of 6 DOH Case No. 2015-08398 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint 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, Collins Baptiste, PTA Page 6 of 6 DOH Case No, 2015-08398

Docket for Case No: 20-001842PL