11-17-2011 - Special Ms
�,
{
1 p
City of
1LEDG Inc. 1951
November 15, 2011
- PUBLIC NOTICE -
To All Members of the City Council:
I hereby call a Special Meeting of the City Council of Edgewater for Thursday,
November 17, 2011 at 4:30 p.m. in City Council Chambers, City Hall, 104 N. Riverside
Drive, Edgewater, Florida, to discuss:
a. The State Department of Health findings pertaining to the Administrative Complaint
regarding patient transport on April 19, 2011 and provide direction to City Staff.
ATTEST: r"
A 0
e
r &ii r \f UAQI - ''' -- '
Michael homas Bonnie Wenzel ,
Mayor City Clerk `
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individual will need a record of the proceedings and will
need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide
such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Bonnie Wenzel, 104 N Riverside Drive, Edgewater, Florida,
telephone number 386- 424 -2400 ext #1102, 5 days prior to the meeting date. If you are hearing or voice
impaired, contact the relay operator at 1- 800 -955 -8771.
Rick Scott
1 #IC?l l t? 4 PA fiM RM.' F Govemor
F: I f r
E
H. Frank Farmer, Jr., MD, PhD, FACP
. t . _. . _ V State Surgeon General
November 4, 2011 R
Certified Mail #: 7004 0550 0000 9644 5827
Return Receipt Requested NOV 0 7 2011
City of Edgewater Fire Rescue Department ''
c/o Stephen Cousins, Chief
P.O. Box 100
Edgewater, Florida 32132
Re: DOH v. CITY OF EDGEWATER FIRE RESCUE DEPT., EMS Case No.: 2011 -08566
Dear Mr. Cousins:
Enclosed please find a copy of the Administrative Complaint in your case. If you request a
hearing, please submit such request in writing to the address below within 21 days of receipt of
the enclosed documents.
If you do not respond, this office will file documents with the Department for preparation of a
Final Order in this matter.
Sincerely,
1
I : t, �1
mas '; Congdon, Esq. 11( 2e(----
Assistant eneral Counsel
I
Bureau of Emergency Medical Services
4052 Bald Cypress Way, Bin C -18 • Tallahassee, Florida 32399 -1701
Phone: (850) 245 -4440 • Fax: (850) 921 -0377 • http: / /www.floridashealth.com
STATE OF FLORIDA
DEPARTMENT OF HEALTH
BUREAU OF EMERGENCY MEDICAL SERVICES
DEPARTMENT OF HEALTH,
Petitioner,
vs. Case No. 2011 -08566
CITY OF EDGEWATER FIRE
RESCUE DEPARTMENT,
Respondent.
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF HEALTH ( "Petitioner"), by and through the undersigned
attorney, files an Administrative Complaint against CITY OF EDGEWATER FIRE RESCUE
DEPARTMENT ( "Respondent ") and states:
NATURE OF ACTION
1. Pursuant to s. 401.411, Florida Statutes, this is an action to impose an
administrative fine of $2,000.00 and reprimand.
JURISDICTION AND VENUE
2. The Petitioner has jurisdiction pursuant to Chapter 120, Florida Statutes (Fla.
Stat.), and 28 -106, Florida Administrative Code (F.A.C.).
3. Venue lies pursuant to Rule 28- 106.207, F.A.C.
PARTIES
4. Petitioner is a state agency established in s. 20.43, Fla. Stat., and is charged with
regulating emergency medical services pursuant to Chapter 401, Fla. Stat.
1
5. At all times material hereto, Respondent is an advance fife support (ALS)
provider, license number ALS 6409.
6. Respondent's address of record is P.O. Box 100, Edgewater, FL
STATEMENT OF FACTS
7. At all times material hereto, the only approved ALS transport provider in Volusia
County was EVAC Ambulance, d.b.a., The Emergency Medical Foundation, Inc.
8. At all times material hereto, Respondent operated a fleet of vehicles which were
licensed for non - transport ALS emergency medical services.
COUNT
RESPONDENT VIOLATED SECTION 401.411(a), FLORIDA STATUTES, BY
FAILING TO COMPLY WITH SECTION(S) 401.23 AND 401.26 AND RULE 64J -1,
FLORIDA ADMINISTRATIVE CODE
9. Petitioner re- alleges and incorporates paragraphs 1 through 8 as if fully set
forth herein.
10. Pursuant to ss. 401.23(5) and (18) and 401.26(1), any ambulance intended to
be used for transportation of sick or injured persons must be authorized and permitted by
the state as a basic life support or ALS "transport" vehicle. A permit is not required for an
ALS non - transport vehicle that is intended to be used for scene supervision, incident
command, or the augmentation of supplies.
11. On April 19, 2011, Respondent dispatched a "non- transport" ALS vehicle (R55)
to Dr. Hole's office in response to one of her patient's needing medical assistance.
12. Dr. Hole requested that the patient be transported to the Bert Fish Medical
Center.
2
13. Respondent authorized and directed the transport of patient to Bert Fish Medical
Center in R55.
14. Based on the foregoing, Respondent violated s. 401.411(1)(a) for failing to
comply to with the state requirement, specifically ss. 401.23(5) and (18) and 401.26(1) and
Rule 64J- 1.007, F.A.C.
COUNT II
RESPONDENT VIOLATED SECTION 401.411(g), FLORIDA STATUTES, BY
FAILING TO CONFORM TO THE MINIMUM PREVAILING STANDARDS OF
ACCEPTABLE PRACTICE
15. Petitioner re- alleges and incorporates paragraphs 1 through 14 as if fully set
forth herein.
16. Pursuant to ss. 401.23(5) and (18) and 401.26(1), any sick or injured persons
must be transported in a vehicle authorized and permitted by the state as a basic life
support or ALS "transport" vehicle.
17. On April 19, 2011, Respondent transported a patient in a "non- transport" ALS
vehicle (R55) from Dr. Hole's office to Bert Fish Medical Center.
18. Respondent's actions on April 19th departed from the minimum prevailing
standards of acceptable practice under law.
19. Based on the foregoing, Respondent violated s. 401.411(1)(g).
CONCLUSIONS OF LAW
20. Section 401.411, Fla. Stat., provides that a licensee may be disciplined for
violation of s. 401.411(1)(g).
21. Respondent violated s. 401.411(1)(a) by failing to comply with ss. 401.23 and
3
401.27 and Rule 64J- 1.007, F.A.C.
22. Respondent violated s. 401.411(1)(g) by transporting a patient in a non - transport
vehicle which departs from the minimum prevailing standards of acceptable practice.
23. Pursuant to s. 401.411(1)(a), Fla. Stat., a licensee may be disciplined for
violation of ss.401.23, 401.27, 401.411(1)(g) and rule 64J - 1.007, F.A.C.
24. All classifications of EMS Iicensure held by Respondent are subject to any final
order which issues in this case, as provided by s. 401.411(2).
CLAIM FOR RELIEF
WHEREFORE, Petitioner respectfully requests that the following sanctions be
imposed against Respondent:
a. Make factual and legal findings in favor of Petitioner on Counts land II.
b. Pursuant to s. 401.411(1), reprimand Respondent's ALS provider license.
c. Pursuant to s. 401.411(7), administratively fine Respondent $2,000 for such
violations.
d. Provide such other relief as , may be proper.
Dated this 3 day of �' V d e-'PK , 2011
Respectfully submitted,
NICHOLAS W. ROMANELLO
General Counsel
Florida Department of Health
THOMAS F. CONGDON
Assistant General Counsel
Lit r' +islyn
v
THOMAS F. CONGDON
Assistant General Counsel
4
Fla. Bar No. 0620408
Florida Department of Health
Office of the General Counsel
4052 Bald Cypress Way, Bin #A02
Tallahassee, FL 32399 -1703
Telephone: (850) 245 -4005
Facsimile: (850) 413 -8743
Email: thomas__congdon @doh.state.fl.us
PCP: October 27, 2011
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by U.S. mail to City of Edgewater Fire Department, c/o Chief Stephen Cousins,
P.O. Box 100, Edgewater, FL 32122on this 3 day of li/dw4, , 2011
TH MAS . ONGDON
Assistant General Counsel
NOTICE OF RIGHTS
Respondent has the right to request or petition for an administrative hearing to be
conducted in accordance with sections 120.569 and 120.57, Florida Statutes. Respondent
has the right to be represented by counsel or other qualified representative. Administrative
hearings are governed by Rule 28 -106, Florida Administrative Code. A request or petition
for an administrative hearing must be in writing and must be received by the agency clerk
within twenty -one (21) days from the day you received this Administrative Complaint. A
request or petition for a hearing must be in conformance with Chapter 28- 106.2015(5),
Florida Administrative Code and must be sent to the Agency Clerk at the following address:
Agency Clerk
Department of Health
4052 Bald Cypress Way, Bin #C -01
Tallahassee FL 32399 -1703.
Mediation is not available as an alternative remedy.
Your failure to submit a petition for hearing within 21 days from receipt of this
Administrative Complaint will constitute a waiver of your right to a hearing, and this
complaint will thereby become a final order of the department.
5