05-001449PL A vs. Steven Thomas
 Status: Closed
Recommended Order on Thursday, September 8, 2005.


View Dockets  
Summary: Respondents obtained their paramedic certificates by fraudulent means.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DEPARTMENT OF HEALTH, BUREAU )

13OF EMERGENCY MEDICAL SERVICES, )

18)

19Petitioner, )

21)

22vs. )

24) Case Nos. 05-1446PL

28STEVEN R. BOX, WILLIAM BATES, ) 05-1447PL

35MATTHEW WILLIAMS, AND ) 05-1448PL

40STEVEN B. THOMAS, ) 05-1449PL

45)

46Respondents. )

48)

49RECOMMENDED ORDER

51Notice was provided and on July 26, 2005, a formal hearing

62was held in this case. The hearing location was the Offices of

74the Division of Administrative Hearings, Tallahassee, Florida.

81The hearing commenced at 9:00 a.m. Authority for conducting the

91hearing is set forth in Sections 120.569 and 120.57(1), Florida

101Statutes (2004). The hearing was conducted by Charles C. Adams,

111Administrative Law Judge.

114APPEARANCES

115For Petitioner: Brian J. Stabley, Esquire

121Assistant Attorney General

124Administrative Law

126The Capitol, Plaza Level 01

131Tallahassee, Florida 32399-1050

134For Respondents: Brandt Hargrove, Esquire

139Law Offices of Brandt Hargrove

1442984 Willington Circle West

148Tallahassee, Florida 32309

151STATEMENT OF THE ISSUE

155Should Petitioner suspend or revoke, restrict the practice,

163impose an administrative fine, reprimand or place on probation

172the Florida Certificates as Paramedics and/or Emergency Medical

180Technicians (EMTs) held by Respondents, based upon alleged

188violations of Sections 401.27(12) and 401.411(1)(a), (f) and

196(g), Florida Statutes (2000), as well as Florida Administrative

205Code Rule 64E-2.009(1)(b) (2000)?

209PRELIMINARY STATEMENT

211On March 8, 2005, before the State of Florida, Bureau of

222Emergency Medical Services, an Administrative Complaint in Case

230No. 2002-0655 was served on William Bates, Respondent, naming

239the Department of Health, Petitioner.

244On March 8, 2005, before the State of Florida, Bureau of

255Emergency Medical Services, an Administrative Complaint in Case

263No. 2002-0657 was served on Matthew Williams, Respondent, naming

272the Department of Health, Petitioner.

277On March 8, 2005, before the State of Florida, Bureau of

288Emergency Medical Services, an Administrative Complaint in Case

296No. 2002-0659 was served on Steven B. Thomas, Respondent, naming

306the Department of Health, Petitioner.

311On March 9, 2005, before the State of Florida, Bureau of

322Emergency Medical Services, an Amended Administrative Complaint

329in Case No. 2002-0658 was served on Steven R. Box, Respondent,

340naming the Department of Health, Petitioner.

346On April 18, 2005, Petitioner forwarded the cases to the

356Division of Administrative Hearings (DOAH), the Respondents

363having requested a formal hearing in accordance with Section

372120.57(1), Florida Statutes (2004). DOAH assigned case numbers

380related to the actions against the Respondents in the following

390sequence:

391Department of Health, Petitioner,

395vs. Steven R. Box, Respondent,

400DOAH Case No. 05-1446PL;

404Department of Health, Petitioner,

408vs. William Bates, Respondent,

412DOAH Case No. 05-1447PL;

416Department of Health, Petitioner,

420vs. Matthew Williams, Respondent,

424DOAH Case No. 05-1448PL; and

429Department of Health, Petitioner,

433vs. Steven B. Thomas, Respondent,

438DOAH Case No. 05-1449PL.

442Petitioner moved to consolidate the cases. That motion was

451unopposed. On April 29, 2005 an order was entered consolidating

461the cases.

463The cases were originally scheduled to be heard on June 21,

4742005. Upon Respondents' unopposed motion, the cases were

482rescheduled for hearing on July 26, 2005.

489Petitioner moved to amend the Administrative Complaints

496related to Respondents Bates, Williams, and Thomas and for a

506second amendment to the Administrative Complaint pertaining to

514Respondent Box. The amendments were made to allow reference to

524alleged violations of Section 401.27(12), Florida Statutes

531(2000). The motions were unopposed. The motions were granted.

540Concerning agency history in prosecuting cases such as

548these, the parties agree that the cases are matters of first

559impression.

560Without opposition, Petitioner requested official

565recognition be made of Chapter 401, Florida Statutes (2000), and

575Florida Administrative Code Chapter 64E-2, in effect on

583February 20, 2000, and September 3, 2000. The requests were

593granted.

594Petitioner presented Gordon Scott McDermid, Fredia Travis,

601Shinita Miller, William Bates, Matthew Williams, Steven Thomas,

609Steven R. Box, Diane Albanese, Michael Taylor, Robert D. Vick,

619Sr., and David Jacobsen as its witnesses. Joint Exhibits

628numbered 1 through 4 were admitted. Petitioner's Exhibits

636numbered 1 through 3 were admitted. Steven Thomas testified in

646his own behalf. Respondents' Composite Exhibits numbered 1

654through 3 were admitted in part, as explained in the hearing

665transcript.

666Petitioner asked that the request for admissions propounded

674to Respondents, wherein Respondents admitted certain facts, be

682made available for fact finding in the Recommended Order.

691Respondent also asked that the request for admissions propounded

700to Petitioner, wherein Petitioner admitted certain facts, be

708made available for fact finding in the Recommended Order. Facts

718admitted upon request were deemed available for fact finding in

728the Recommended Order.

731On August 8, 2005, a two-volume hearing transcript was

740filed with DOAH. Petitioner and Respondents filed proposed

748recommended orders which have been considered in preparing the

757Recommended Order.

759FINDINGS OF FACT

762Factual Admissions by Respondent Box

7671. Respondent, Steven R. Box, possesses Florida paramedic

775license/certificate number 200933.

7782. Respondent was issued Florida paramedic license/

785certificate number 200933 on February 6, 2001.

7923. Respondent possesses Florida emergency medical

798technician license/certificate number 86759.

8024. Respondent was issued Florida emergency medical

809technician license/certificate number 86759 on October 18, 2000.

8175. Respondent's current mailing address is 308 Heron Lane,

826Monticello, Florida 32344.

8296. As a licensed/certified paramedic and emergency medical

837technician, Respondent is subject to the provisions and

845discipline of Chapter 401 of the Florida Statutes and the

855jurisdiction of the Florida Department of Health, Bureau of

864Emergency Medical Services.

8677. Respondent attended a paramedic program at Southwest

875Georgia Technical College (formerly Thomas Technical Institute)

882in Thomasville, Georgia, from January 2000 through December

8902000.

8918. Michael (Mike) Taylor was Respondent's paramedic

898instructor at Southwest Georgia Technical College from January

9062000 through December 2000.

9109. William Bates, Steven B. Thomas, and Matthew A.

919Williams attended the paramedic program at Southwest Georgia

927Technical College with Respondent from January 2000 through

935December 2000.

93710. Respondent was not certified or licensed as an EMT or

948paramedic by the time of submission of his EMT/Paramedic

957Certification Application on December 5, 2000.

96311. Respondent had not passed the National Registry of

972EMT's examination at the time of submission of his EMT/Paramedic

982Certification Application on December 5, 2000.

98812. Respondent was not certified as an EMT or paramedic by

999the National Registry of EMT's at the time of submission of his

1011EMT/Paramedic Certification Application on December 5, 2000.

101813. The Statement of Good Standing states in part:

1027I, the below named EMT/Paramedic, am

1033requesting Florida certification based

1037on training and current certification in

1043the State of Georgia or by the National

1051Registry of EMT's.

105414. Respondent completed the top portion of the Statement

1063of Good Standing.

106615. Respondent returned the document to Michael Taylor.

107416. The document was (then) returned to Respondent.

108217. Time to review the document existed after it was

1092returned.

109318. Respondent failed the National Registry Exam that he

1102took on December 13, 2000.

110719. Respondent was notified by mail that he failed the

1117December 13, 2000, National Registry of EMTs paramedic

1125examination in January 2001.

112920. Respondent failed the National Registry Exam that he

1138took on February 23, 2001.

114321. Respondent was notified by mail that he failed the

1153February 23, 2001, National Registry Exam in March 2001.

116222. Although Respondent was not licensed/certified as a

1170Paramedic or EMT in the State of Georgia and had not passed the

1183National Registry of EMTs examination, Respondent took and

1191passed the Florida EMS/Paramedic examination on January 26,

11992001.

1200Factual Admissions by Respondent Bates

120523. Respondent, William Bates, possesses Florida paramedic

1212license/certificate number 201154.

121524. Respondent was issued Florida paramedic license/

1222certificate number 201154 on May 8, 2001.

122925. Respondent possesses Florida emergency medical

1235technician license/certificate number 40414.

123926. Respondent's current mailing address is 76 Toby Lane,

1248Monticello, Florida 32344.

125127. As a licensed/certified paramedic and emergency

1258medical technician, Respondent is subject to the provisions and

1267discipline of Chapter 401 of the Florida Statutes and the

1277jurisdiction of the Florida Department of Health, Bureau of

1286Emergency Medical Services.

128928. Respondent attended a paramedic program at Southwest

1297Georgia Technical College (formerly Thomas Technical Institute)

1304in Thomasville, Georgia, from January 2000 through December

13122000.

131329. Michael (Mike) Taylor was Respondent's paramedic

1320instructor at Southwest Georgia Technical College from January

13282000 through December 2000.

133230. Steven B. Thomas, Stephen R. Box, and Matthew A.

1342Williams attended the paramedic program at Southwest Georgia

1350Technical College with Respondent from January 2000 through

1358December 2000.

136031. Respondent was not certified or licensed as an EMT or

1371paramedic by the State of Georgia at the time of submission of

1383his EMT/Paramedic Certification Application on December 5, 2000.

139132. Respondent had not passed the National Registry of

1400EMT's examination at the time of submission of his EMT/Paramedic

1410Certification Application on December 5, 2000.

141633. Respondent was not certified as an EMT or paramedic by

1427the National Registry of EMT's at the time of submission of his

1439EMT/Paramedic Certification Application on December 5, 2000.

144634. The Statement of Good Standing states in part:

1455I, the below named EMT/Paramedic, am

1461requesting Florida certification based

1465on training and current certification in

1471the State of Georgia or by the National

1479Registry of EMT's.

148235. Respondent completed the top portion of the Statement

1491of Good Standing.

149436. Respondent returned the document to Michael Taylor.

150237. Respondent failed the National Registry of EMTs Exam

1511that he took on February 23, 2001.

151838. Respondent was notified that he failed National

1526Registry Exam.

152839. Although Respondent was not licensed/certified as a

1536Paramedic or EMT in the State of Georgia and had not passed the

1549National Registry of EMTs examination, Respondent took and

1557passed the Florida EMS/Paramedic examination on April 27, 2001.

1566Factual Admissions by Respondent Williams

157140. Respondent, Matthew Williams, possesses Florida

1577paramedic license/certificate number 201152.

158141. Respondent was issued Florida paramedic license/

1588certificate number 201152 on April 10, 2001.

159542. Respondent possesses Florida emergency medical

1601technician license/certificate number 80942.

160543. Respondent's current mailing address is 24701 Highway

1613301 North, Lawtey, Florida 32058.

161844. As a licensed/certified paramedic and emergency

1625medical technician, Respondent is subject to the provisions and

1634discipline of Chapter 401 of the Florida Statutes and the

1644jurisdiction of the Florida Department of Health, Bureau of

1653Emergency Medical Services.

165645. Respondent attended a paramedic program at Southwest

1664Georgia Technical College (formerly Thomas Technical Institute)

1671in Thomasville, Georgia, from January 2000 through December

16792000.

168046. Michael (Mike) Taylor was Respondent's paramedic

1687instructor at Southwest Georgia Technical College from January

16952000 through December 2000.

169947. Steven Thomas, Steven R. Box, and William Bates

1708attended the paramedic program at Southwest Georgia Technical

1716College with Respondent from January 2000 through December 2000.

172548. Respondent was not certified or licensed as an EMT or

1736paramedic by the time of submission of his EMT/Paramedic

1745Certification Application on December 5, 2000.

175149. Respondent had not passed the National Registry of

1760EMT's examination at the time of submission of his EMT/Paramedic

1770Certification Application on December 5, 2000.

177650. Respondent was not certified as an EMT or paramedic by

1787the National Registry of EMT's at the time of submission of his

1799EMT/Paramedic Certification Application on December 5, 2000.

180651. The Statement of Good Standing states in part:

1815I, the below named EMT/Paramedic, am

1821requesting Florida certification based

1825on training and current certification in

1831the State of Georgia or by the National

1839Registry of EMT's.

184252. Respondent completed the top portion of the Statement

1851of Good Standing.

185453. Respondent returned the document to Michael Taylor.

186254. Respondent failed the National Registry Exam that he

1871took on February 23, 2001.

187655. Respondent was notified that he failed the National

1885Registry Exam.

188756. Although Respondent was not licensed/certified as a

1895Paramedic or EMT in the State of Georgia and had not passed the

1908National Registry of EMTs examination, Respondent took and

1916passed the Florida EMS/Paramedic examination on March 30, 2001.

1925Factual Admissions by Respondent Thomas

193057. Respondent, Steven Thomas, possesses Florida paramedic

1937license/certificate number 201150.

194058. Respondent was issued Florida paramedic license/

1947certificate number 201150 on April 10, 2001.

195459. Respondent possesses Florida emergency medical

1960technician license/certificate number 72189.

196460. Respondent's current mailing address is 575 South

1972Waukeenah Street, Monticello, Florida 32344.

197761. As a licensed/certified paramedic and emergency

1984medical technician, Respondent is subject to the provisions and

1993discipline of Chapter 401 of the Florida Statutes and the

2003jurisdiction of the Florida Department of Health, Bureau of

2012Emergency Medical Services.

201562. Respondent attended a paramedic program at Southwest

2023Georgia Technical College (formerly Thomas Technical Institute)

2030in Thomasville, Georgia, from January 2000 through December

20382000.

203963. Michael (Mike) Taylor was Respondent's paramedic

2046instructor at Southwest Georgia Technical College from January

20542000 through December 2000.

205864. William Bates, Steven R. Box, and Matthew A. Williams

2068attended the paramedic program at Southwest Georgia Technical

2076College with Respondent from January 2000 through December 2000.

208565. Respondent was not certified or licensed as an EMT or

2096paramedic by the time of submission of his EMT/Paramedic

2105Certification Application on December 5, 2000.

211166. Respondent had not passed the National Registry of

2120EMT's examination at the time of submission of his EMT/Paramedic

2130Certification Application on December 5, 2000.

213667. Respondent was not certified as an EMT or paramedic by

2147the National Registry of EMT's at the time of submission of his

2159EMT/Paramedic Certification Application on December 5, 2000.

216668. The Statement of Good Standing states in part:

2175I, the below named EMT/Paramedic, am

2181requesting Florida certification based

2185on training and current certification in

2191the State of Georgia or by the National

2199Registry of EMT's.

220269. Respondent completed the top portion of the Statement

2211of Good Standing.

221470. Respondent returned the document to Michael Taylor.

222271. Respondent failed the National Registry Exam that he

2231took on February 23, 2001.

223672. Respondent was notified that he failed the National

2245Registry of Exam.

224873. Although Respondent was not licensed/certified as a

2256Paramedic or EMT in the State of Georgia and had not passed the

2269National Registry of EMTs examination, Respondent took and

2277passed the Florida EMS/Paramedic examination on March 30, 2001.

2286Facts Admitted by Petitioner

229074. Paramedic instructor Mike Taylor solicited Robert Vick

2298to sign said applications.

230275. Respondents completed the paramedic education program

2309given at Southwest Georgia Technical College.

2315Additional Facts

231776. The Florida Bureau of Emergency Medical Services never

2326approved the program provided by Thomas Technical Institute, or

2335Southwest Georgia Technical College in Thomasville, Georgia, to

2343educate paramedics. Neither of the Georgia institutions

2350received a Florida Certificate of Approval for their paramedic

2359training program.

236177. None of the Florida officials affiliated with the

2370Florida Bureau of Emergency Medical Services who testified at

2379hearing are familiar with the details of the paramedic training

2389received by Respondents in Georgia.

239478. As of May 17, 2005, the Georgia Department of Human

2405Resources, Division of Public Health, Office of Emergency

2413Medical Services/Trauma certified that none of the Respondents

2421had ever received what Georgia refers to as an EMS license, for

2433these purposes equivalent to a Florida Paramedic Certificate.

244179. Likewise, on May 23, 2005, the National Registry of

2451Emergency Medical Technicians provided information establishing

2457that Respondents were never nationally registered as paramedics.

246580. In the year 2000, Florida required non-Florida

2473candidates seeking certification to become a Florida paramedic

2481to submit two documents. The first document was referred to as

2492an Emergency Medical Services Profile Data Form Paramedic

2500Certification Application (the Profile Data Form). The second

2508document was referred to as a Statement of Good Standing from

2519State Certifying Agency or National Registry (the Statement of

2528Good Standing). The title for the second document pertaining to

2538state certifying agency was in relation to another state than

2548Florida. In the instance where an out of state applicant made

2559application to take the Florida exam for certification to become

2569a paramedic, there was also the expectation that he or she

2580attach a copy of the out of state certificate issued from the

2592other state or a copy of his or her National Registry

2603Certification as a paramedic, as a pre-condition to sitting for

2613the Florida exam.

261681. In the event that some of the information called for

2627in the application documents were missing, the proper course

2636would be for the reviewing agency to return the application

2646documents, with an explanation to the applicant of the

2655deficiencies found within the application documents.

266182. David Jacobson is the Program Director of the

2670Certification Unit within the Medical Quality Assurance Division

2678of the Department of Health. He refers to the documentation

2688necessary for non-Florida applicants to sit for the paramedic

2697examination in Florida during the year 2000. There would need

2707to be information about out-of-state certification provided

2714through the Statement of Good Standing, together with a copy of

2725the Georgia certification card that enabled the Respondents to

2734work in the state of Georgia. This pertains to the need for a

2747certificate number and the expiration date of the certificate,

2756as well as a copy of the Georgia certification card. In the

2768absence of this information, the Respondents should have been

2777issued a deficiency letter asking for clarification of the

2786missing information.

278883. The application documents provided by Respondents to

2796support their request to take the Florida examination to become

2806a Florida paramedic were processed through Shroeder Measurement

2814Technology (Shroeder), a contracting agent for the Florida

2822Bureau of Emergency Medical Services. Its status as agent

2831called for Shroeder to follow legal requirements for application

2840review, to include the return of deficient application documents

2849with an explanation of the problems found in reviewing the

2859materials.

286084. In pertinent part the Profile Data Form in effect in

2871the year 2000 stated:

28751.0 Exam Purpose & Level

28801.1 Florida Exam & Certification

2885Paramedic - Total Fee $85

2890* * *

28937. Professional Education (Attach copy of certificate

2900and CPR or ACLS card.)

2905Enter Training Program Code

2909From Back of Form

2913A. Name of Florida Training Program Competition Date

2921________________________________ MO DAY YEAR

2925B. Out-of-State Certified:

2928___________________________________________________________

2929(Name of State) (Certificate Number) (Expiration Date)

2936C. Nationally Registered:

2939___________________________________________________________

2940(National Registry Number) (Expiration Date)

2945* * *

2948E. HIV/AIDS Training 4 hours minimum inservice required.

2956_______ _____________________

2958No. Hours Date Completed

29628. Professional Rescuer Card

2966For EMT and two man CPR Card, for paramedic an ACLS card.

2978___________________________________________________________

2979(Issuing Organization) (Course Level) Renewal Date)

29859. OATH : I certify (A) I am free from addiction to alcohol or any

3000days prior to the exam date.

3006Applicant Signature:________________________

300885. In relation to the Statement of Good Standing, it set

3019forth:

3020Part II is to be completed by the state certifying agency or National

3033fax this form to Florida EMS per instructions in Part III.

3044Part I. To be completed by applicant:

3051I, the below named EMT/paramedic, am requesting Florida

3059Certification based on training and current certification in the

3068State of ___________________ or by National Registry of EMTs.

3077Name:________________________ S.S#:_________________

3079Applicant's Current Address: _________________________________

3083Certificate Type: EMT-Basic

3086according to your certification policies.

3091D. Do you know of any reason certification

3099Part III To be mailed to:

3105(850) 487-1911.

310786. Michael Taylor, who holds certification as a paramedic

3116in Florida and Georgia, instructed Respondents in their

3124paramedic training at Thomas Technical Institute. Before the

3132Respondents enrolled in the training in early 2000, Mr. Taylor

3142was approached by Respondent Bates, Chief of the Jefferson

3151County Fire Rescue Unit. Chief Bates told Mr. Taylor that

3161personnel within the fire rescue unit needed to undergo training

3171in a paramedic training course that had flexible hours for

3181attending the course. An arrangement was made in which the

3191Respondents would attend a couple of days a week and the

3202personnel within the fire rescue unit could leave school to

3212respond to emergencies in Jefferson County, with the

3220understanding that the course work that was missed could be made

3231up later. Jefferson County, Florida, and Thomasville, Georgia,

3239are in close proximity.

324387. Chief Bates and other Respondents were told by

3252Mr. Taylor that since they were attending a non-Florida

3261paramedic course that they would have to pass the National

3271Registry Examination before they could sit for the Florida

3280Paramedic examination to become certified as a paramedic in

3289Florida. At that time successful passage of the National

3298Registry Examination served as a basis for certification in

3307Georgia, as well as registration with the United States

3316Department of Transportation. The course undertaken in Georgia

3324at that time was one in which the state of Georgia used the

3337United States Department of Transportation guidelines in

3344preparing the students to sit for the National Registry

3353Examination.

335488. Mr. Taylor provided Respondents with copies of the

3363Profile Data Form and Statement of Good Standing necessary to

3373apply to sit for the Florida examination to become a paramedic.

3384Mr. Taylor went over these forms with Respondents early on in

33952000 when Respondents began their training in Georgia.

340389. Mr. Taylor instructed the Respondents to fill out a

3413portion of the Statement of Good Standing early in the year

34242000. They wrote certain information in Part I of the forms and

3436turned the forms back in to Mr. Taylor. They wrote "Georgia" as

3448their training location and place of certification, upon

3456Mr. Taylor's instruction, while providing their names, social

3464security numbers, addresses and checking the box for certificate

3473type as "paramedic." At that time Respondents were not yet and

3484never have been licensed in Georgia as paramedics.

349290. Mr. Taylor took the Respondents' Statements of Good

3501Standing and had them signed by Robert D. Vick, Sr., of the

3513Georgia Office of EMS. Mr. Vick was and is the Regional Program

3525Director for that agency. He is an EMTCT, ACLS. Mr. Taylor was

3537proceeding with the understanding that Mr. Vick had the

3546authority to execute the documents. This is in relation to the

3557portion of the Statement of Good Standing which is Part II.

3568These arrangements with Mr. Vick were made in December 2000.

3578Part II to the Statements of Good Standing were signed by

3589Mr. Vick and dated December 8, 2000. He signed under his title

3601as EMS Coordinator/DHR, Region 8 EMS Office/Georgia DHR.

360991. Mr. Taylor persuaded Mr. Vick to sign Part II of the

3621Statements of Good Standing realizing that the Respondents were

3630not certified in Georgia. Mr. Taylor persuaded Mr. Vick that

3640Mr. Vick needed to sign the documents before the Respondents

3650could take the Florida Paramedic Examination. Mr. Taylor made

3659Mr. Vick aware that the Respondents had not taken the National

3670Registry Examination when Mr. Vick signed Part II of the

3680Statements of Good Standing for Respondents, contributing to the

3689impression that Respondents were certified as Georgia

3696paramedics.

369792. After Mr. Vick signed his name on Part II to the

3709Statements of Good Standing, the documents were returned to the

3719Respondents.

372093. Mr. Vick in his testimony verified the requirements

3729for a person to obtain a Georgia paramedic certificate in the

3740year 2000. Georgia used the United States Department of

3749Transportation National Registry Examination as the test

3756instrument for the Georgia certification. In addition to

3764passing the Georgia Paramedic Course in advance of that

3773examination, there was also the requirement for some paperwork

3782in association with a reciprocity arrangement between the

3790Georgia licensing authority and the United States Department of

3799Transportation National Registry.

380294. As Mr. Vick recalls his conversation with Mr. Taylor

3812concerning the signing of Part II to the Statements of Good

3823Standing, Mr. Taylor told Mr. Vick that the Respondents had

3833completed the Georgia Paramedic Course and were preparing to

3842take the United States Department of Transportation National

3850Registry Examination within a few days, to be followed by the

3861Florida Paramedic Examination a few days after that. This

3870meant, to Mr. Vick's understanding, the Florida examination was

3879going to be taken at a time before the National Registry

3890Examination results were made known to the Respondents.

3898Mr. Taylor told Mr. Vick that Jefferson County desperately

3907needed, what Mr. Vick refers to as ACLS folks on ambulances.

3918Mr. Vick perceived that participation in this out-of-sequence

3926preparation of necessary documents would speed up the

3934opportunity for the Respondents to sit for the Florida

3943examination and to be certified as paramedics in Florida.

395295. Mr. Vick executed Part II to the Statements of Good

3963Standing in the portion that verified his name, title, agency

3973name, phone number and date. Otherwise information imparted

3981within Part II was the product of someone else. Other

3991information in the Statements of Good Standing indicate current

4000and valid Georgia certificates, never subject to discipline,

4008held by a person never convicted of a felony and about whom

4020nothing was known which should cause Florida to deny

4029certification of the applicant. This latter information was

4037contained in the Statement of Good Standing submitted by

4046Respondents in support of their requests to take the Florida

4056Paramedic Examination. This act by Respondents was contrary to

4065the expectation in the documents that Georgia or the National

4075Registry would mail or fax the documents to Shroeder.

408496. Although he did not provide all called for information

4094within Part II, to the Statements of Good Standing, Mr. Vick

4105realized that the Respondents did not have a current and valid

4116Georgia Paramedic Certificate or recognition by the National

4124Registry.

412597. Chief Bates of the Jefferson County Fire Rescue, in

4135his testimony conceded the need to complete the paramedic

4144training course in Georgia and pass the National Registry

4153Examination as a participant in a non-Florida paramedic training

4162program, before submitting his application to Florida to take

4171the Florida Examination. He attended the training course in

4180Georgia because he believed that it was impractical to work a

4191fulltime job and attend the Tallahassee Community College

4199paramedic training course.

420298. Chief Bates submitted the Profile Data Form and

4211Statement of Good Standing as part of the process for obtaining

4222a Florida paramedic certificate.

422699. Chief Bates remembers the Statement of Good Standing

4235being returned to him in December 2000. He had the opportunity

4246to read the contents of the Statement of Good Standing but did

4258not.

4259100. Chief Bates realized based upon remarks by Mr. Taylor

4269that the Statement of Good Standing was part of the application

4280to take the Florida examination to become a paramedic. Chief

4290Bates submitted that Statement of Good Standing together with

4299the Profile Data Form to support his request to sit for the

4311Florida paramedic's examination.

4314101. In reference to the Profile Data Form, Chief Bates

4324filled out Section 1 through 6, but did not provide any

4335information in response to Section 7, Professional Education, or

4344Section 8, Professional Rescuer Cards. This form was signed by

4354him under oath on December 5, 2000. In executing the form Chief

4366Bates realized that he had a duty to provide truthful

4376information.

4377102. The application process leading to the examination

4385session had been arranged through Shroeder.

4391103. Chief Bates has no recollection of reviewing Section

4400401.27(12), Florida Statutes (2000), and he did not review

4409Florida Administrative Code Rule 64E-2.009 in effect when he

4418took the Florida examination, as these laws set out requirements

4428for standing the Florida Examination.

4433104. Matthew Williams had been employed by the Jefferson

4442County Fire Rescue. He now is employed by the City of

4453Jacksonville Fire Rescue. He attended the Thomas Technical

4461Institute because it was geographically closer to his house than

4471a Florida program. He understood that upon completion of the

4481training to become a paramedic he had to take the National

4492Registry Examination and fill out an application to sit for the

4503Florida examination before becoming a paramedic in Florida.

4511105. In January following receipt of the Statement of Good

4521Standing, he filled in Part I. He returned the form to

4532Mr. Taylor and next saw it before his graduation in December

45432000. He had the opportunity to review the Statement of Good

4554Standing but never did. In particular, he did not review the

4565completed Part II within the Statement of Good Standing.

4574106. Mr. Williams filled out the Profile Data Form in

4584Sections 1 through 6. He did not provide information in

4594Sections 7 and 8. In completing the Profile Data Form

4604Mr. Williams signed his signature under oath. He along with the

4615other Respondents in completing that form recognized , as the

4624form states, "I understand that any fraudulent entry may be

4634considered in this cause for rejection or subsequent voiding of

4644certification."

4645107. Steven Thomas is a Lieutenant firefighter paramedic

4653with the Jefferson County Fire Rescue. He understood that he

4663had to take and pass the written and practical parts of the

4675National Registry Examination, to be followed by an application

4684and passage of the Florida Examination before he could be

4694certified as a Florida paramedic. The Florida Examination would

4703follow the submission of an application to Florida. He attended

4713his paramedic training in Georgia because it was close to where

4724he lived.

4726108. Lieutenant Thomas filled in information in early 2000

4735concerning the Statement of Good Standing Form, Part 1. The

4745Statement of Good Standing was returned to him near the end of

4757the school term. He did not review the contents of the

4768Statement of Good Standing, although he was provided the

4777opportunity to conduct a review.

4782109. In executing the Profile Data Form, Lieutenant Thomas

4791filled in information in Sections 1 through 6. He did not fill

4803in information in Sections 7 and 8. He signed the form under

4815oath on December 5, 2000.

4820110. Lieutenant Thomas failed the National Registry

4827Examination twice.

4829111. Steven R. Box was employed by the Jefferson County

4839Fire Rescue in 2000 and now works with the Tallahassee Fire

4850Department as a firefighter/paramedic. He understood that to

4858sit for the Florida Paramedic Examination he had to be certified

4869by the National Registry. He understood that completion of the

4879Statement of Good Standing was a necessary prerequisite for

4888taking the Florida examination.

4892112. When the Statement of Good Standing was filled out in

4903Part 1 as described, Mr. Box gave it back to Mike Taylor to be

4917returned to Mr. Box at the end of the year 2000. Once returned,

4930Mr. Box glanced over the form and noticed that the form had been

4943signed by someone else. That other person was Robert Vick.

4953113. In filling out the Profile Data Form, Mr. Box made no

4965entries in Sections 7 and 8. He had filled out Sections 1

4977through 6. He signed the form under oath on December 5, 2000.

4989114. Mr. Box took the Profile Data Form and the Statement

5000of Good Standing to Shroeder in Dunedin, Florida, at the end of

5012December 2000.

5014CONCLUSIONS OF LAW

5017115. The Division of Administrative Hearings has

5024jurisdiction over the parties and the subject matter of this

5034proceeding in accordance with Sections 120.569, and 120.57(1),

5042Florida Statutes (2004).

5045116. This is a disciplinary case. Therefore, Petitioner

5053has the burden of proving the allegations in the Amended

5063Administrative Complaints and Second Amended Administrative

5069Complaint by clear and convincing evidence. See § 120.57(1)(j),

5078Fla. Stat. (2004); see also Department of Banking and Finance,

5088Division of Securities and Investor Protection v. Osborne Stern

5097and Company , 670 So. 2d 932 (Fla. 1996); Ferris v. Turlington ,

5108510 So. 2d 292 (Fla. 1987), and Slomowitz v. Walker , 429 So. 2d

5121797 (Fla. 4th DCA 1983).

5126117. The Amended Administrative Complaints charging

5132Respondents William Bates, Matthew Williams and Steven Thomas

5140refer to their respective EMT and Paramedic Certificates. The

5149Second Amended Administrative Complaint charging Respondent

5155Steven R. Box refers to his Paramedic Certificate alone.

5164118. The factual allegations within the Amended

5171Administrative Complaints and the Second Amended Administrative

5178Complaint describe Respondents' attendance at the Thomas

5185Technical Institute. Reference is made to the preparation of

5194the Statement of Good Standing by Respondents, the involvement

5203with that process by Mike Taylor and Robert Vick and the balance

5215of the application process, which would include the submission

5224of the Profile Data Form and the circumstances associated with

5234these activities deemed improper by Petitioner.

5240119. The Amended Administrative Complaints and the Second

5248Amended Administrative Complaint all include three counts of

5256alleged violations that are the same.

5262120. Count I calls for discipline based upon an alleged

5272violation of Section 401.411(1)(f), Florida Statutes (2000),

5279which states:

5281The department may deny, suspend, or revoke

5288a license, certificate, or permit or may

5295reprimand or fine any licensee, certificate-

5301holder, or other person operating under this

5308part for any of the following grounds:

5315* * *

5318(f) Knowingly making false or fraudulent

5324claims; procuring, attempting to procure, or

5330renewing a certificate, license, or permit

5336by fakery, fraudulent action, or mis-

5342representation.

5343121. Count I goes on to state:

5350Respondent violated Section 401.411(1)(f) of

5355the Florida Statutes as he procured his

5362paramedic certification by fakery,

5366fraudulent action, or misrepresentation by

5371making false or fraudulent claims on his

5378licensure application that he was a

5384certified paramedic in the State of Georgia

5391and/or passed the National Registry

5396Examination when at the time of his

5403application he was not a certified paramedic

5410in the State of Georgia and had not passed

5419the National Registry Examination;

5423therefore, Respondent's license is subject

5428to discipline by this Bureau.

5433122. Count II calls for discipline based upon an alleged

5443violated of Section 401.411(1)(g), Florida Statutes (2000),

5450which states:

5452(1) The department may deny, suspend, or

5459revoke a license, certificate, or permit or

5466may reprimand or fine any licensee,

5472certificateholder, or other person operating

5477under this part for any of the following

5485grounds:

5486* * *

5489(g) Unprofessional conduct, including, but

5494not limited to, any departure from or

5501failure to conform to the minimal prevailing

5508standards of acceptable practice as an

5514emergency medical technician or paramedic,

5519including undertaking activities that the

5524emergency medical technician or paramedic is

5530not qualified by training or experience to

5537perform.

5538123. Count II goes on to state:

5545Respondent violated Section 401.411(1)(g) of

5550the Florida Statutes by engaging in

5556unprofessional conduct when he made false or

5563fraudulent claims on his licensure

5568application that he was a certified

5574paramedic in the State of Georgia and/or

5581passed the National Registry Examination

5586when at the time of his application he was

5595not a certified paramedic in the State of

5603Georgia and had not passed the National

5610Registry Examination; therefore,

5613Respondent's license is subject to

5618discipline by this Bureau.

5622124. Count III refers to Section 401.411(1)(a), Florida

5630Statutes (2000), which states:

5634(1) The department may deny, suspend, or

5641revoke a license, certificate, or permit or

5648may reprimand or fine any licensee,

5654certificateholder, or other person operating

5659under this part for any of the following

5667grounds:

5668(a) The violation of any rule of the

5676department or any provision of this part.

5683125. Count III refers to Section 401.27(12), Florida

5691Statutes (2000), which states:

5695( 2) An applicant for certification who is an

5704out-of-state trained emergency medical

5708technician or paramedic must provide proof of

5715current emergency medical technician or

5720paramedic certification or registration based

5725upon successful completion of the United

5731States Department of Transportation emergency

5736medical technician or paramedic training

5741curriculum and hold a current certificate of

5748successful course completion in

5752cardiopulmonary resuscitation (CPR) or

5756advanced cardiac life support for emergency

5762medical technicians or paramedics,

5766respectively, to be eligible for the

5772certification examination. The applicant

5776must successfully complete the certification

5781examination within 1 year after the date of

5789the receipt of his or her application by the

5798department. After 1 year, the applicant must

5805submit a new application, meet all

5811eligibility requirements, and submit all fees

5817to reestablish eligibility to take the

5823certification examination.

5825126. Count III refers to Florida Administrative Code Rule

583464E-2.009(1)(b) (2000), which states:

5838(1) Qualifications and Procedures for

5843Certification in addition to those contained

5849in section 401.27, F.S.--To be qualified for

5856paramedic certification, an individual must:

5861* * *

5864(b) currently hold a valid paramedic

5870certification from the National Registry of

5876Emergency Medical Technicians or be

5881currently certified in another state or U.S.

5888Territory and have the certifying authority

5894submit to the department DH Form 1164,

5901January 1998, Statement of Good Standing,

5907which is incorporated by reference in

5913section 64E-2.008, F.A.C., and

5917127. Count III goes on to state:

5924Respondent violated Sections

5927401.411.11(1)(a) and 401.27(12) of the

5932Florida Statutes and Rule 64E-2.009(1)(b) of

5938the Florida Administrative Code as

5943Respondent was not qualified for paramedic

5949certification because at the time he

5955submitted his application, Respondent did

5960not hold a valid paramedic certificate from

5967the National Registry of Emergency Medical

5973Technicians and was not currently certified

5979in another state as a paramedic despite his

5987representations that he was; therefore,

5992Respondent's license is subject to

5997discipline by this Bureau.

6001128. Pertaining to Count I, associated with their

6009paramedic certificates, all Respondents violated Section

6015401.411(1)(f), Florida Statutes (2000), and are subject to

6023discipline. They procured their Florida Paramedic Certificates

6030by making false claims, while engaging in fakery, fraudulent

6039action, and misrepresentation. As out-of-state trained

6045paramedics, they had no paramedic certification from Georgia or

6054registration based upon successful completion of the United

6062States Department of Transportation Paramedic Curriculum, to

6069include passage of the National Registry Examination, as a means

6079to be eligible for the certification examination in Florida.

6088Complicity on the part of Mike Taylor and Robert Vick in

6099Respondents' pursuits to become Florida paramedics through

6106illegitimate means does not excuse Respondents. The failure by

6115Shroeder to recognize the problems with the application

6123documents submitted by Respondents to permit them to sit for the

6134examination to become a Florida paramedic does not relieve

6143Respondents of misconduct that took place before Shroeder took

6152custody of the documents and continuing after that time. On

6162their face, the documents submitted by Respondents were in a

6172manner designed to create the impression that Respondents were

6181qualified to take the Florida Examination, when they knew they

6191were not.

6193129. Pertaining to Count II Respondents violated Section

6201401.411(1)(g), Florida Statutes (2000), by engaging in

6208unprofessional conduct related to their paramedic certificates

6215in applying for the right to sit for the Florida Paramedic

6226Examination, when not entitled to take the examination and they

6236are subject to discipline. Shroeder's acceptance of the

6244documents to allow Respondents to sit for the paramedic

6253certification examination does not relieve the Respondents from

6261their misleading statements within the application documents nor

6269lend authenticity to the paramedic certificates obtained

6276following successful completion of the examination.

6282130. Pertaining to Count III all Respondents violated

6290Section 401.411(1)(a), Florida Statutes (2000) by failing to

6298comply with Section 401.27(12), Florida Statutes (2000), and

6306Florida Administrative Code Rule 64E-2.009(1)(b) (2000), related

6313to their paramedic certificates. When Respondents sought

6320paramedic certification in Florida through the process

6327previously described, they subjected themselves to discipline.

6334131. The proof of violations has been by clear and

6344convincing evidence.

6346132. None of the acts by Respondents Bates, Williams, and

6356Thomas were associated with their EMT certificates and they

6365cannot be disciplined under Counts I through III related to

6375their EMT Certificates.

6378RECOMMENDATION

6379Upon consideration of the facts found and the conclusions

6388of law reached, it is

6393RECOMMENDED:

6394That a final order be entered revoking the paramedic

6403certificates held by Respondents, while dismissing the cases

6411against Respondents Bates, Williams, and Thomas related to their

6420EMT certificates.

6422DONE AND ENTERED this 8th day of September, 2005, in

6432Tallahassee, Leon County, Florida.

6436S

6437___________________________________

6438CHARLES C. ADAMS

6441Administrative Law Judge

6444Division of Administrative Hearings

6448The DeSoto Building

64511230 Apalachee Parkway

6454Tallahassee, Florida 32399-3060

6457(850) 488-9675 SUNCOM 278-9675

6461Fax Filing (850) 921-6847

6465www.doah.state.fl.us

6466Filed with the Clerk of the

6472Division of Administrative Hearings

6476this 8th day of September, 2005.

6482COPIES FURNISHED :

6485Brian J. Stabley, Esquire

6489Assistant Attorney General

6492Administrative Law

6494The Capitol, Plaza Level 01

6499Tallahassee, Florida 32399-1050

6502Brandt Hargrove, Esquire

6505Law Offices of Brandt Hargrove

65102984 Willington Circle West

6514Tallahassee, Florida 32309

6517Timothy M. Cerio, General Counsel

6522Department of Health

65254052 Bald Cypress Way, Bin A02

6531Tallahassee, Florida 32399-1701

6534R. S. Power, Agency Clerk

6539Department of Health

65424052 Bald Cypress Way, Bin A02

6548Tallahassee, Florida 32399-1701

6551NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

6557All parties have the right to submit written exceptions within

656715 days from the date of this Recommended Order. Any exceptions

6578to this Recommended Order should be filed with the agency that

6589will issue the final order in this case.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/24/2005
Proceedings: Notice of Scrivener`s Error filed.
PDF:
Date: 10/10/2005
Proceedings: (Agency) Final Order filed.
PDF:
Date: 10/10/2005
Proceedings: Petitioner`s Exceptions to Recommended Order filed.
PDF:
Date: 10/10/2005
Proceedings: Exceptions to the Recommended Order (filed by Respondent`s).
PDF:
Date: 10/07/2005
Proceedings: Agency Final Order
PDF:
Date: 09/08/2005
Proceedings: Recommended Order
PDF:
Date: 09/08/2005
Proceedings: Recommended Order (hearing held July 26, 2005). CASE CLOSED.
PDF:
Date: 09/08/2005
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 08/18/2005
Proceedings: Respondent`s Proposed Recommended Order filed.
PDF:
Date: 08/17/2005
Proceedings: Petitioner`s Proposed Recommended Order filed.
Date: 08/08/2005
Proceedings: Final Hearing (transcript vol I-II) filed.
Date: 07/26/2005
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 07/26/2005
Proceedings: Amended Administrative Complaint (Matthew Williams) filed with Judge at Heaing.
PDF:
Date: 07/26/2005
Proceedings: Petitioner`s Motion to Amend Administrative Complaints filed with Judge at Heairng.
PDF:
Date: 07/26/2005
Proceedings: Second Amended Adminstrative Complaint (Steven R. Box) filed.
PDF:
Date: 07/26/2005
Proceedings: Amended Administrative Complaint (Steven Thomas) filed with Judge at Hearing.
PDF:
Date: 07/26/2005
Proceedings: Amended Administrative Complaint (William Bates) filed with Judge at Hearing.
PDF:
Date: 07/25/2005
Proceedings: Petitioner`s Response to Pre-hearing Order filed.
PDF:
Date: 07/25/2005
Proceedings: Joint Response to Pre-hearing Order filed.
PDF:
Date: 07/21/2005
Proceedings: Notice of Settlement Agreement and Motion to Relinquish Jurisdiction (DOAH Case 05-1605PL) filed.
PDF:
Date: 06/27/2005
Proceedings: Respondents` Notice of Taking Deposition of Petitioner`s Corporate Representatives filed.
PDF:
Date: 06/27/2005
Proceedings: Notice of Taking Depositions filed.
PDF:
Date: 06/20/2005
Proceedings: Notice of Taking Depositions filed.
PDF:
Date: 06/15/2005
Proceedings: Petitioner`s Response to Respondents` Request for Admissions filed.
PDF:
Date: 06/01/2005
Proceedings: Notice of Serving Responses to Interrogatories for Steven Thomas filed.
PDF:
Date: 06/01/2005
Proceedings: Notice of Serving Responses to Interrogatories for Matthew Williams filed.
PDF:
Date: 06/01/2005
Proceedings: Notice of Serving Responses to Interrogatories for William Bates filed.
PDF:
Date: 06/01/2005
Proceedings: Notice of Serving Responses to Interrogatories for Steven R. Box filed.
PDF:
Date: 05/27/2005
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for July 26, 2005; 9:00 a.m.; Tallahassee, FL).
Date: 05/27/2005
Proceedings: Note to Docket: Case No. 05-1605PL added to the consolidated group.
PDF:
Date: 05/27/2005
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for July 26, 2005; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 05/20/2005
Proceedings: Respondent`s Notice of Serving Initial Interrogatories to Petitioner filed.
PDF:
Date: 05/18/2005
Proceedings: Respondent`s Request for Admissions filed.
PDF:
Date: 05/18/2005
Proceedings: Motion to Continue filed.
PDF:
Date: 04/29/2005
Proceedings: Order of Consolidation (consolidated cases are: 05-1446PL, 05-1447PL, 05-1448PL and 05-1449PL).
PDF:
Date: 04/27/2005
Proceedings: Petitioner`s Notice of Serving Initial Interrogatories to Respondent filed.
PDF:
Date: 04/27/2005
Proceedings: Petitioner`s Request for Admissions filed.
PDF:
Date: 04/27/2005
Proceedings: Petitioner`s Motion to Consolidate Cases (DOAH Case Nos. 05-1446PL, 05-1448PL, 05-1449PL, and 05-1447PL) filed.
PDF:
Date: 04/20/2005
Proceedings: Petitioner`s Response to Initial Order filed.
PDF:
Date: 04/18/2005
Proceedings: Initial Order.
PDF:
Date: 04/18/2005
Proceedings: Administrative Complaint filed.
PDF:
Date: 04/18/2005
Proceedings: Request for Formal Hearing filed.
PDF:
Date: 04/18/2005
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
CHARLES C. ADAMS
Date Filed:
04/18/2005
Date Assignment:
04/18/2005
Last Docket Entry:
10/24/2005
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN PART OR MODIFIED
Suffix:
PL
 

Counsels

Related DOAH Cases(s) (8):

Related Florida Statute(s) (4):

Related Florida Rule(s) (2):