05-001447PL A vs. William Bates Status: Closed Recommended Order on Thursday, September 8, 2005.

Summary: Respondents obtained their paramedic certificates by fraudulent means.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH, BUREAU )

OF EMERGENCY MEDICAL SERVICES, )

)

Petitioner, )

)

vs. )

) Case Nos. 05-1446PL

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

MATTHEW WILLIAMS, AND ) 05-1448PL

STEVEN B. THOMAS, ) 05-1449PL

)

Respondents. )

)

RECOMMENDED ORDER

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

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

the Division of Administrative Hearings, Tallahassee, Florida.

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

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

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

Administrative Law Judge.

APPEARANCES

For Petitioner: Brian J. Stabley, Esquire

Assistant Attorney General

Administrative Law

The Capitol, Plaza Level 01

Tallahassee, Florida 32399-1050

For Respondents: Brandt Hargrove, Esquire

Law Offices of Brandt Hargrove

2984 Willington Circle West

Tallahassee, Florida 32309

STATEMENT OF THE ISSUE

Should Petitioner suspend or revoke, restrict the practice,

impose an administrative fine, reprimand or place on probation

the Florida Certificates as Paramedics and/or Emergency Medical

Technicians (EMTs) held by Respondents, based upon alleged

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

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

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

PRELIMINARY STATEMENT

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

Emergency Medical Services, an Administrative Complaint in Case

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

the Department of Health, Petitioner.

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

Emergency Medical Services, an Administrative Complaint in Case

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

the Department of Health, Petitioner.

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

Emergency Medical Services, an Administrative Complaint in Case

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

the Department of Health, Petitioner.

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

Emergency Medical Services, an Amended Administrative Complaint

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

naming the Department of Health, Petitioner.

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

Division of Administrative Hearings (DOAH), the Respondents

having requested a formal hearing in accordance with Section

120.57(1), Florida Statutes (2004). DOAH assigned case numbers

related to the actions against the Respondents in the following

sequence:

Department of Health, Petitioner,

vs. Steven R. Box, Respondent,

DOAH Case No. 05-1446PL;

Department of Health, Petitioner,

vs. William Bates, Respondent,

DOAH Case No. 05-1447PL;

Department of Health, Petitioner,

vs. Matthew Williams, Respondent,

DOAH Case No. 05-1448PL; and

Department of Health, Petitioner,

vs. Steven B. Thomas, Respondent,

DOAH Case No. 05-1449PL.

Petitioner moved to consolidate the cases. That motion was

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

the cases.

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

2005. Upon Respondents' unopposed motion, the cases were

rescheduled for hearing on July 26, 2005.

Petitioner moved to amend the Administrative Complaints

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

second amendment to the Administrative Complaint pertaining to

Respondent Box. The amendments were made to allow reference to

alleged violations of Section 401.27(12), Florida Statutes

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

Concerning agency history in prosecuting cases such as

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

impression.

Without opposition, Petitioner requested official

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

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

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

granted.

Petitioner presented Gordon Scott McDermid, Fredia Travis,

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

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

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

numbered 1 through 4 were admitted. Petitioner's Exhibits

numbered 1 through 3 were admitted. Steven Thomas testified in

his own behalf. Respondents' Composite Exhibits numbered 1

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

transcript.

Petitioner asked that the request for admissions propounded

to Respondents, wherein Respondents admitted certain facts, be

made available for fact finding in the Recommended Order.

Respondent also asked that the request for admissions propounded

to Petitioner, wherein Petitioner admitted certain facts, be

made available for fact finding in the Recommended Order. Facts

admitted upon request were deemed available for fact finding in

the Recommended Order.

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

filed with DOAH. Petitioner and Respondents filed proposed

recommended orders which have been considered in preparing the

Recommended Order.

FINDINGS OF FACT

Factual Admissions by Respondent Box

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

license/certificate number 200933.

2. Respondent was issued Florida paramedic license/

certificate number 200933 on February 6, 2001.

3. Respondent possesses Florida emergency medical

technician license/certificate number 86759.

4. Respondent was issued Florida emergency medical

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

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

Monticello, Florida 32344.

6. As a licensed/certified paramedic and emergency medical

technician, Respondent is subject to the provisions and

discipline of Chapter 401 of the Florida Statutes and the

jurisdiction of the Florida Department of Health, Bureau of

Emergency Medical Services.

7. Respondent attended a paramedic program at Southwest

Georgia Technical College (formerly Thomas Technical Institute)

in Thomasville, Georgia, from January 2000 through December

2000.

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

instructor at Southwest Georgia Technical College from January

2000 through December 2000.

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

Williams attended the paramedic program at Southwest Georgia

Technical College with Respondent from January 2000 through

December 2000.

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

paramedic by the time of submission of his EMT/Paramedic

Certification Application on December 5, 2000.

11. Respondent had not passed the National Registry of

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

Certification Application on December 5, 2000.

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

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

EMT/Paramedic Certification Application on December 5, 2000.

13. The Statement of Good Standing states in part:

I, the below named EMT/Paramedic, am

requesting Florida certification based

on training and current certification in

the State of Georgia or by the National

Registry of EMT's.

14. Respondent completed the top portion of the Statement

of Good Standing.

15. Respondent returned the document to Michael Taylor.

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

17. Time to review the document existed after it was

returned.

18. Respondent failed the National Registry Exam that he

took on December 13, 2000.

19. Respondent was notified by mail that he failed the

December 13, 2000, National Registry of EMTs paramedic

examination in January 2001.

20. Respondent failed the National Registry Exam that he

took on February 23, 2001.

21. Respondent was notified by mail that he failed the

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

22. Although Respondent was not licensed/certified as a

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

National Registry of EMTs examination, Respondent took and

passed the Florida EMS/Paramedic examination on January 26,

2001.

Factual Admissions by Respondent Bates

23. Respondent, William Bates, possesses Florida paramedic

license/certificate number 201154.

24. Respondent was issued Florida paramedic license/

certificate number 201154 on May 8, 2001.

25. Respondent possesses Florida emergency medical

technician license/certificate number 40414.

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

Monticello, Florida 32344.

27. As a licensed/certified paramedic and emergency

medical technician, Respondent is subject to the provisions and

discipline of Chapter 401 of the Florida Statutes and the

jurisdiction of the Florida Department of Health, Bureau of

Emergency Medical Services.

28. Respondent attended a paramedic program at Southwest

Georgia Technical College (formerly Thomas Technical Institute)

in Thomasville, Georgia, from January 2000 through December

2000.

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

instructor at Southwest Georgia Technical College from January

2000 through December 2000.

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

Williams attended the paramedic program at Southwest Georgia

Technical College with Respondent from January 2000 through

December 2000.

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

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

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

32. Respondent had not passed the National Registry of

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

Certification Application on December 5, 2000.

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

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

EMT/Paramedic Certification Application on December 5, 2000.

34. The Statement of Good Standing states in part:

I, the below named EMT/Paramedic, am

requesting Florida certification based

on training and current certification in

the State of Georgia or by the National

Registry of EMT's.

35. Respondent completed the top portion of the Statement

of Good Standing.

36. Respondent returned the document to Michael Taylor.

37. Respondent failed the National Registry of EMTs Exam

that he took on February 23, 2001.

38. Respondent was notified that he failed National

Registry Exam.

39. Although Respondent was not licensed/certified as a

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

National Registry of EMTs examination, Respondent took and

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

Factual Admissions by Respondent Williams

40. Respondent, Matthew Williams, possesses Florida

paramedic license/certificate number 201152.

41. Respondent was issued Florida paramedic license/

certificate number 201152 on April 10, 2001.

42. Respondent possesses Florida emergency medical

technician license/certificate number 80942.

43. Respondent's current mailing address is 24701 Highway

301 North, Lawtey, Florida 32058.

44. As a licensed/certified paramedic and emergency

medical technician, Respondent is subject to the provisions and

discipline of Chapter 401 of the Florida Statutes and the

jurisdiction of the Florida Department of Health, Bureau of

Emergency Medical Services.

45. Respondent attended a paramedic program at Southwest

Georgia Technical College (formerly Thomas Technical Institute)

in Thomasville, Georgia, from January 2000 through December

2000.

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

instructor at Southwest Georgia Technical College from January

2000 through December 2000.

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

attended the paramedic program at Southwest Georgia Technical

College with Respondent from January 2000 through December 2000.

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

paramedic by the time of submission of his EMT/Paramedic

Certification Application on December 5, 2000.

49. Respondent had not passed the National Registry of

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

Certification Application on December 5, 2000.

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

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

EMT/Paramedic Certification Application on December 5, 2000.

51. The Statement of Good Standing states in part:

I, the below named EMT/Paramedic, am

requesting Florida certification based

on training and current certification in

the State of Georgia or by the National

Registry of EMT's.

52. Respondent completed the top portion of the Statement

of Good Standing.

53. Respondent returned the document to Michael Taylor.

54. Respondent failed the National Registry Exam that he

took on February 23, 2001.

55. Respondent was notified that he failed the National

Registry Exam.

56. Although Respondent was not licensed/certified as a

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

National Registry of EMTs examination, Respondent took and

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

Factual Admissions by Respondent Thomas

57. Respondent, Steven Thomas, possesses Florida paramedic

license/certificate number 201150.

58. Respondent was issued Florida paramedic license/

certificate number 201150 on April 10, 2001.

59. Respondent possesses Florida emergency medical

technician license/certificate number 72189.

60. Respondent's current mailing address is 575 South

Waukeenah Street, Monticello, Florida 32344.

61. As a licensed/certified paramedic and emergency

medical technician, Respondent is subject to the provisions and

discipline of Chapter 401 of the Florida Statutes and the

jurisdiction of the Florida Department of Health, Bureau of

Emergency Medical Services.

62. Respondent attended a paramedic program at Southwest

Georgia Technical College (formerly Thomas Technical Institute)

in Thomasville, Georgia, from January 2000 through December

2000.

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

instructor at Southwest Georgia Technical College from January

2000 through December 2000.

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

attended the paramedic program at Southwest Georgia Technical

College with Respondent from January 2000 through December 2000.

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

paramedic by the time of submission of his EMT/Paramedic

Certification Application on December 5, 2000.

66. Respondent had not passed the National Registry of

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

Certification Application on December 5, 2000.

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

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

EMT/Paramedic Certification Application on December 5, 2000.

68. The Statement of Good Standing states in part:

I, the below named EMT/Paramedic, am

requesting Florida certification based

on training and current certification in

the State of Georgia or by the National

Registry of EMT's.

69. Respondent completed the top portion of the Statement

of Good Standing.

70. Respondent returned the document to Michael Taylor.

71. Respondent failed the National Registry Exam that he

took on February 23, 2001.

72. Respondent was notified that he failed the National

Registry of Exam.

73. Although Respondent was not licensed/certified as a

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

National Registry of EMTs examination, Respondent took and

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

Facts Admitted by Petitioner

74. Paramedic instructor Mike Taylor solicited Robert Vick

to sign said applications.

75. Respondents completed the paramedic education program

given at Southwest Georgia Technical College.

Additional Facts

76. The Florida Bureau of Emergency Medical Services never

approved the program provided by Thomas Technical Institute, or

Southwest Georgia Technical College in Thomasville, Georgia, to

educate paramedics. Neither of the Georgia institutions

received a Florida Certificate of Approval for their paramedic

training program.

77. None of the Florida officials affiliated with the

Florida Bureau of Emergency Medical Services who testified at

hearing are familiar with the details of the paramedic training

received by Respondents in Georgia.

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

Resources, Division of Public Health, Office of Emergency

Medical Services/Trauma certified that none of the Respondents

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

these purposes equivalent to a Florida Paramedic Certificate.

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

Emergency Medical Technicians provided information establishing

that Respondents were never nationally registered as paramedics.

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

candidates seeking certification to become a Florida paramedic

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

an Emergency Medical Services Profile Data Form Paramedic

Certification Application (the Profile Data Form). The second

document was referred to as a Statement of Good Standing from

State Certifying Agency or National Registry (the Statement of

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

state certifying agency was in relation to another state than

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

application to take the Florida exam for certification to become

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

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

other state or a copy of his or her National Registry

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

the Florida exam.

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

in the application documents were missing, the proper course

would be for the reviewing agency to return the application

documents, with an explanation to the applicant of the

deficiencies found within the application documents.

82. David Jacobson is the Program Director of the

Certification Unit within the Medical Quality Assurance Division

of the Department of Health. He refers to the documentation

necessary for non-Florida applicants to sit for the paramedic

examination in Florida during the year 2000. There would need

to be information about out-of-state certification provided

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

the Georgia certification card that enabled the Respondents to

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

certificate number and the expiration date of the certificate,

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

absence of this information, the Respondents should have been

issued a deficiency letter asking for clarification of the

missing information.

83. The application documents provided by Respondents to

support their request to take the Florida examination to become

a Florida paramedic were processed through Shroeder Measurement

Technology (Shroeder), a contracting agent for the Florida

Bureau of Emergency Medical Services. Its status as agent

called for Shroeder to follow legal requirements for application

review, to include the return of deficient application documents

with an explanation of the problems found in reviewing the

materials.

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

the year 2000 stated:

1.0 Exam Purpose & Level

1.1 Florida Exam & Certification

Paramedic - Total Fee $85

* * *

7. Professional Education (Attach copy of certificate

and CPR or ACLS card.)

Enter Training Program Code

From Back of Form

A. Name of Florida Training Program Competition Date

________________________________ MO DAY YEAR

B. Out-of-State Certified:

___________________________________________________________

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

C. Nationally Registered:

___________________________________________________________

(National Registry Number) (Expiration Date)

* * *

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

_______ _____________________

No. Hours Date Completed

8. Professional Rescuer Card

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

___________________________________________________________

(Issuing Organization) (Course Level) Renewal Date)

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

days prior to the exam date.

Applicant Signature:________________________

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

forth:

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

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

Part I. To be completed by applicant:

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

Certification based on training and current certification in the

State of ___________________ or by National Registry of EMTs.

Name:________________________ S.S#:_________________

Applicant's Current Address: _________________________________

Certificate Type: EMT-Basic

according to your certification policies.

D. Do you know of any reason certification

Part III To be mailed to:

[phone].

86. Michael Taylor, who holds certification as a paramedic

in Florida and Georgia, instructed Respondents in their

paramedic training at Thomas Technical Institute. Before the

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

was approached by Respondent Bates, Chief of the Jefferson

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

personnel within the fire rescue unit needed to undergo training

in a paramedic training course that had flexible hours for

attending the course. An arrangement was made in which the

Respondents would attend a couple of days a week and the

personnel within the fire rescue unit could leave school to

respond to emergencies in Jefferson County, with the

understanding that the course work that was missed could be made

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

are in close proximity.

87. Chief Bates and other Respondents were told by

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

paramedic course that they would have to pass the National

Registry Examination before they could sit for the Florida

Paramedic examination to become certified as a paramedic in

Florida. At that time successful passage of the National

Registry Examination served as a basis for certification in

Georgia, as well as registration with the United States

Department of Transportation. The course undertaken in Georgia

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

United States Department of Transportation guidelines in

preparing the students to sit for the National Registry

Examination.

88. Mr. Taylor provided Respondents with copies of the

Profile Data Form and Statement of Good Standing necessary to

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

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

2000 when Respondents began their training in Georgia.

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

portion of the Statement of Good Standing early in the year

2000. They wrote certain information in Part I of the forms and

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

their training location and place of certification, upon

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

security numbers, addresses and checking the box for certificate

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

never have been licensed in Georgia as paramedics.

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

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

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

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

proceeding with the understanding that Mr. Vick had the

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

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

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

Part II to the Statements of Good Standing were signed by

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

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

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

Statements of Good Standing realizing that the Respondents were

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

Mr. Vick needed to sign the documents before the Respondents

could take the Florida Paramedic Examination. Mr. Taylor made

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

Registry Examination when Mr. Vick signed Part II of the

Statements of Good Standing for Respondents, contributing to the

impression that Respondents were certified as Georgia

paramedics.

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

Statements of Good Standing, the documents were returned to the

Respondents.

93. Mr. Vick in his testimony verified the requirements

for a person to obtain a Georgia paramedic certificate in the

year 2000. Georgia used the United States Department of

Transportation National Registry Examination as the test

instrument for the Georgia certification. In addition to

passing the Georgia Paramedic Course in advance of that

examination, there was also the requirement for some paperwork

in association with a reciprocity arrangement between the

Georgia licensing authority and the United States Department of

Transportation National Registry.

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

concerning the signing of Part II to the Statements of Good

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

completed the Georgia Paramedic Course and were preparing to

take the United States Department of Transportation National

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

Florida Paramedic Examination a few days after that. This

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

going to be taken at a time before the National Registry

Examination results were made known to the Respondents.

Mr. Taylor told Mr. Vick that Jefferson County desperately

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

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

preparation of necessary documents would speed up the

opportunity for the Respondents to sit for the Florida

examination and to be certified as paramedics in Florida.

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

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

name, phone number and date. Otherwise information imparted

within Part II was the product of someone else. Other

information in the Statements of Good Standing indicate current

and valid Georgia certificates, never subject to discipline,

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

nothing was known which should cause Florida to deny

certification of the applicant. This latter information was

contained in the Statement of Good Standing submitted by

Respondents in support of their requests to take the Florida

Paramedic Examination. This act by Respondents was contrary to

the expectation in the documents that Georgia or the National

Registry would mail or fax the documents to Shroeder.

96. Although he did not provide all called for information

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

realized that the Respondents did not have a current and valid

Georgia Paramedic Certificate or recognition by the National

Registry.

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

his testimony conceded the need to complete the paramedic

training course in Georgia and pass the National Registry

Examination as a participant in a non-Florida paramedic training

program, before submitting his application to Florida to take

the Florida Examination. He attended the training course in

Georgia because he believed that it was impractical to work a

fulltime job and attend the Tallahassee Community College

paramedic training course.

98. Chief Bates submitted the Profile Data Form and

Statement of Good Standing as part of the process for obtaining

a Florida paramedic certificate.

99. Chief Bates remembers the Statement of Good Standing

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

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

not.

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

that the Statement of Good Standing was part of the application

to take the Florida examination to become a paramedic. Chief

Bates submitted that Statement of Good Standing together with

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

Florida paramedic's examination.

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

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

information in response to Section 7, Professional Education, or

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

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

Bates realized that he had a duty to provide truthful

information.

102. The application process leading to the examination

session had been arranged through Shroeder.

103. Chief Bates has no recollection of reviewing Section

401.27(12), Florida Statutes (2000), and he did not review

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

took the Florida examination, as these laws set out requirements

for standing the Florida Examination.

104. Matthew Williams had been employed by the Jefferson

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

Jacksonville Fire Rescue. He attended the Thomas Technical

Institute because it was geographically closer to his house than

a Florida program. He understood that upon completion of the

training to become a paramedic he had to take the National

Registry Examination and fill out an application to sit for the

Florida examination before becoming a paramedic in Florida.

105. In January following receipt of the Statement of Good

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

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

2000. He had the opportunity to review the Statement of Good

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

completed Part II within the Statement of Good Standing.

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

Sections 1 through 6. He did not provide information in

Sections 7 and 8. In completing the Profile Data Form

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

other Respondents in completing that form recognized , as the

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

considered in this cause for rejection or subsequent voiding of

certification."

107. Steven Thomas is a Lieutenant firefighter paramedic

with the Jefferson County Fire Rescue. He understood that he

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

National Registry Examination, to be followed by an application

and passage of the Florida Examination before he could be

certified as a Florida paramedic. The Florida Examination would

follow the submission of an application to Florida. He attended

his paramedic training in Georgia because it was close to where

he lived.

108. Lieutenant Thomas filled in information in early 2000

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

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

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

Statement of Good Standing, although he was provided the

opportunity to conduct a review.

109. In executing the Profile Data Form, Lieutenant Thomas

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

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

oath on December 5, 2000.

110. Lieutenant Thomas failed the National Registry

Examination twice.

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

Fire Rescue in 2000 and now works with the Tallahassee Fire

Department as a firefighter/paramedic. He understood that to

sit for the Florida Paramedic Examination he had to be certified

by the National Registry. He understood that completion of the

Statement of Good Standing was a necessary prerequisite for

taking the Florida examination.

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

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

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

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

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

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

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

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

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

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

December 2000.

CONCLUSIONS OF LAW

115. The Division of Administrative Hearings has

jurisdiction over the parties and the subject matter of this

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

Florida Statutes (2004).

116. This is a disciplinary case. Therefore, Petitioner

has the burden of proving the allegations in the Amended

Administrative Complaints and Second Amended Administrative

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

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

Division of Securities and Investor Protection v. Osborne Stern

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

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

797 (Fla. 4th DCA 1983).

117. The Amended Administrative Complaints charging

Respondents William Bates, Matthew Williams and Steven Thomas

refer to their respective EMT and Paramedic Certificates. The

Second Amended Administrative Complaint charging Respondent

Steven R. Box refers to his Paramedic Certificate alone.

118. The factual allegations within the Amended

Administrative Complaints and the Second Amended Administrative

Complaint describe Respondents' attendance at the Thomas

Technical Institute. Reference is made to the preparation of

the Statement of Good Standing by Respondents, the involvement

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

of the application process, which would include the submission

of the Profile Data Form and the circumstances associated with

these activities deemed improper by Petitioner.

119. The Amended Administrative Complaints and the Second

Amended Administrative Complaint all include three counts of

alleged violations that are the same.

120. Count I calls for discipline based upon an alleged

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

which states:

The department may deny, suspend, or revoke

a license, certificate, or permit or may

reprimand or fine any licensee, certificate-

holder, or other person operating under this

part for any of the following grounds:

* * *

(f) Knowingly making false or fraudulent

claims; procuring, attempting to procure, or

renewing a certificate, license, or permit

by fakery, fraudulent action, or mis-

representation.

121. Count I goes on to state:

Respondent violated Section 401.411(1)(f) of

the Florida Statutes as he procured his

paramedic certification by fakery,

fraudulent action, or misrepresentation by

making false or fraudulent claims on his

licensure application that he was a

certified paramedic in the State of Georgia

and/or passed the National Registry

Examination when at the time of his

application he was not a certified paramedic

in the State of Georgia and had not passed

the National Registry Examination;

therefore, Respondent's license is subject

to discipline by this Bureau.

122. Count II calls for discipline based upon an alleged

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

which states:

(1) The department may deny, suspend, or

revoke a license, certificate, or permit or

may reprimand or fine any licensee,

certificateholder, or other person operating

under this part for any of the following

grounds:

* * *

(g) Unprofessional conduct, including, but

not limited to, any departure from or

failure to conform to the minimal prevailing

standards of acceptable practice as an

emergency medical technician or paramedic,

including undertaking activities that the

emergency medical technician or paramedic is

not qualified by training or experience to

perform.

123. Count II goes on to state:

Respondent violated Section 401.411(1)(g) of

the Florida Statutes by engaging in

unprofessional conduct when he made false or

fraudulent claims on his licensure

application that he was a certified

paramedic in the State of Georgia and/or

passed the National Registry Examination

when at the time of his application he was

not a certified paramedic in the State of

Georgia and had not passed the National

Registry Examination; therefore,

Respondent's license is subject to

discipline by this Bureau.

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

Statutes (2000), which states:

(1) The department may deny, suspend, or

revoke a license, certificate, or permit or

may reprimand or fine any licensee,

certificateholder, or other person operating

under this part for any of the following

grounds:

(a) The violation of any rule of the

department or any provision of this part.

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

Statutes (2000), which states:

( 2) An applicant for certification who is an

out-of-state trained emergency medical

technician or paramedic must provide proof of

current emergency medical technician or

paramedic certification or registration based

upon successful completion of the United

States Department of Transportation emergency

medical technician or paramedic training

curriculum and hold a current certificate of

successful course completion in

cardiopulmonary resuscitation (CPR) or

advanced cardiac life support for emergency

medical technicians or paramedics,

respectively, to be eligible for the

certification examination. The applicant

must successfully complete the certification

examination within 1 year after the date of

the receipt of his or her application by the

department. After 1 year, the applicant must

submit a new application, meet all

eligibility requirements, and submit all fees

to reestablish eligibility to take the

certification examination.

126. Count III refers to Florida Administrative Code Rule

64E-2.009(1)(b) (2000), which states:

(1) Qualifications and Procedures for

Certification in addition to those contained

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

paramedic certification, an individual must:

* * *

(b) currently hold a valid paramedic

certification from the National Registry of

Emergency Medical Technicians or be

currently certified in another state or U.S.

Territory and have the certifying authority

submit to the department DH Form 1164,

January 1998, Statement of Good Standing,

which is incorporated by reference in

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

127. Count III goes on to state:

Respondent violated Sections

401.411.11(1)(a) and 401.27(12) of the

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

the Florida Administrative Code as

Respondent was not qualified for paramedic

certification because at the time he

submitted his application, Respondent did

not hold a valid paramedic certificate from

the National Registry of Emergency Medical

Technicians and was not currently certified

in another state as a paramedic despite his

representations that he was; therefore,

Respondent's license is subject to

discipline by this Bureau.

128. Pertaining to Count I, associated with their

paramedic certificates, all Respondents violated Section

401.411(1)(f), Florida Statutes (2000), and are subject to

discipline. They procured their Florida Paramedic Certificates

by making false claims, while engaging in fakery, fraudulent

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

paramedics, they had no paramedic certification from Georgia or

registration based upon successful completion of the United

States Department of Transportation Paramedic Curriculum, to

include passage of the National Registry Examination, as a means

to be eligible for the certification examination in Florida.

Complicity on the part of Mike Taylor and Robert Vick in

Respondents' pursuits to become Florida paramedics through

illegitimate means does not excuse Respondents. The failure by

Shroeder to recognize the problems with the application

documents submitted by Respondents to permit them to sit for the

examination to become a Florida paramedic does not relieve

Respondents of misconduct that took place before Shroeder took

custody of the documents and continuing after that time. On

their face, the documents submitted by Respondents were in a

manner designed to create the impression that Respondents were

qualified to take the Florida Examination, when they knew they

were not.

129. Pertaining to Count II Respondents violated Section

401.411(1)(g), Florida Statutes (2000), by engaging in

unprofessional conduct related to their paramedic certificates

in applying for the right to sit for the Florida Paramedic

Examination, when not entitled to take the examination and they

are subject to discipline. Shroeder's acceptance of the

documents to allow Respondents to sit for the paramedic

certification examination does not relieve the Respondents from

their misleading statements within the application documents nor

lend authenticity to the paramedic certificates obtained

following successful completion of the examination.

130. Pertaining to Count III all Respondents violated

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

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

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

to their paramedic certificates. When Respondents sought

paramedic certification in Florida through the process

previously described, they subjected themselves to discipline.

131. The proof of violations has been by clear and

convincing evidence.

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

Thomas were associated with their EMT certificates and they

cannot be disciplined under Counts I through III related to

their EMT Certificates.

RECOMMENDATION

Upon consideration of the facts found and the conclusions

of law reached, it is

RECOMMENDED:

That a final order be entered revoking the paramedic

certificates held by Respondents, while dismissing the cases

against Respondents Bates, Williams, and Thomas related to their

EMT certificates.

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

Tallahassee, Leon County, Florida.

S

___________________________________

CHARLES C. ADAMS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 8th day of September, 2005.

COPIES FURNISHED :

Brian J. Stabley, Esquire

Assistant Attorney General

Administrative Law

The Capitol, Plaza Level 01

Tallahassee, Florida 32399-1050

Brandt Hargrove, Esquire

Law Offices of Brandt Hargrove

2984 Willington Circle West

Tallahassee, Florida 32309

Timothy M. Cerio, General Counsel

Department of Health

4052 Bald Cypress Way, Bin A02

Tallahassee, Florida 32399-1701

R. S. Power, Agency Clerk

Department of Health

4052 Bald Cypress Way, Bin A02

Tallahassee, Florida 32399-1701

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

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

to this Recommended Order should be filed with the agency that

will issue the final order in this case.