STATE OF FLORIDA BOARD OF SPEECH-LANGUAGE PATHOLOGY & AUDIOLOGY FINAL ORDER

Transcription

1 Final Order No. DOH W STATE OF FLORIDA BOARD OF SPEECH-LANGUAGE PATHOLOGY & AUDIOLOGY DEPARTMENT OF HEALTH, Petitioner, VS. Case No.: License No.: SA 1566 DORIS SIMONS WOLF, SLP Respondent. By: -MQA FILED DATE - MAY Department of Health JDeputyAgencyClerk FINAL ORDER THIS MATTER came before the Board of Speech-Language Pathology & Audiology at a duly-noticed public meeting on April 19, 2017, in Kissimmee, Florida, for a hearing not involving disputed issues of material fact pursuant to Respondent's Election of Rights requesting a hearing pursuant to Sections and (2), Florida Statutes. Petitioner filed an Administrative Complaint seeking disciplinary action against Respondent's license. A copy of the Administrative Complaint is attached and incorporated herein as Exhibit A. Petitioner filed a Motion For Final Order By Hearing Not Involving Disputed Issues Of Material Fact, which is attached hereto and incorporated herein as Exhibit B. Petitioner was represented by Peter Delia, Assistant General Counsel, Florida Department of Health. Respondent was present and was represented by counsel. Respondent has not contested the factual allegations set forth in the Administrative Complaint. After a complete review of the record in this matter, including consideration of the Administrative Complaint, any written evidence, and any mitigating or aggravating circumstances, the Board makes the following findings and conclusions: FINDINGS OF FACT 1. The allegations of fact set forth in the Administrative Complaint are approved, Page 1 of 4

2 adopted, and incorporated herein by reference as the findings of fact by the Board. conclusions. 2. There is competent, substantial evidence to support the Board's findings and CONCLUSIONS OF LAW 3. Petitioner's Motion For Final Order By Hearing Not Involving Disputed Issues Of Material Fact is GRANTED. 4. The conclusions of law alleged and set forth in the Administrative Complaint are approved and adopted and incorporated herein by reference as the conclusions of law of the Board. 5. The violations set forth in the Administrative Complaint warrants disciplinary action by the Board. 6. Based upon the Findings of Fact, the Board concludes that the licensee violated Section (1)(d), Florida Statutes. 7. The Board is empowered by Sections (2) and (2), Florida Statutes, to impose a penalty against Respondent. THEREFORE, IT IS ORDERED AND ADJUDGED, that: The license of DORIS SIMONS WOLF is hereby REPRIMANDED. Respondent's license is hereby placed on PROBATION, for a period of six (6) months subject to the following conditions: a. Continuing Education: One (1) Continuing Education Course in Ethics and Professionalism in the practice of Speech-Language Pathology & Audiology. One (1) Continuing Education Course in Record Keeping as it relates to Speech-Language Pathology & Audiology. The clock hours for each to be determined by the Board. Page 2 of 4

3 b. Indirect Supervision: Respondent shall submit to indirect supervision throughout the six (6) month period of probation. c. Required Appearance: Respondent shall appear with her monitor/ supervisor before the Board at the first meeting of the Board following commencement of the probation, and at such other times as directed by Board, for review by the Board of Respondent's progress. RULING ON MOTION TO ASSESS COSTS Respondent shall pay an administrative FINE of Six Thousand Dollars ($ ) within 30 days of the date this Final Order is filed and administrative COSTS of Four Hundred Ninety- One Dollars and Forty Cents ($491.40) to be paid within 30 days of the date this Final Order is filed. Payment shall be made by cashier's check or money order payable to the Board of Respiratory Care and mailed to: DOH-Compliance Management Unit, Bin C-76, P.O. Box 6320, Tallahassee, Florida , Attention: Speech-Language Pathology & Audiology Compliance Officer. This Final Order shall become effective upon filing with the Clerk of the Department of Health. DONE AND ORDERED this $32 day of, BOARD OF SPEECH-LANGUAGE PAT 0 OGY & AUDIOLOGY Kama Monroe, Executive Director on behalf of Peter Johnson, Au.D., CHAIR Page 3 of 4

4 NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION , FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE FLORIDA APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF THE FILING DATE OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Certified Mail to: DORIS SIMONS WOLF, 222 Oakwood Drive, Casselberry, FL and by Certified Mail to her attorney: Steven Brownlee, Esq., Chapman Law Group, 1834 Main Street, Sarasota, FL 34236; and by electronic delivery to: Rachelle Munson, Assistant Attorney General, Office of the Attorney General, Rachelle.munsonmvfloridaledal.com, and Peter Delia, Assistant General Counsel, Department of Health, peter.deliaca this day of ~~.(, ,111, W ' ' '1T Doris Simons Wolf 222 Oakwood Dr. Casselberry, FL Certified Article Number UMW di Ai Pj I. Deputy Agency Clerk 1, "111 Doris Simons Wolf c/o Steven Brownlee, E sq. Chapman Law Group 1834 Main St. Sarasota, FL Certified Article Number SENDERS RECORD

5 262 STATE OF FLORIDA BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY DEPARTMENT OF HEALTH, Petitioner, V. CASE NO DORIS WOLF, SIP Respondent, MOTION FOR FINAL ORDER AMER HEARING NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACTS Petitioner, by and through its undersigned counsel, moves the Board of Speech-Language Pathology and Audiology for entry of a Final Order in the above-styled cause on a date and time that has been determined and noticed by the Board. As grounds therefore, the Petitioner states: 1. Petitioner previously filed an Administrative Complaint against Respondent alleging that Respondent violated the provisions of Florida Statutes, as set forth therein. The Department, by filing the Administrative Complaint, is seeking to discipline the Respondent's license to practice Speech-Language Pathology and Audiology, thereby affecting the Respondent's substantial interests. Exhibit B

6 On or about, May 27, 2016, Petitioner served Respondent with the Administrative Complaint via certified mail at her address of record with the Department of Health, 222 Oakwood Drive, Casselberry, Florida Service of the Administrative Complaint was also made on Respondent's attorney, Steven D. Brownlee, Esquire, Chapman Law Group, at 1834 Main Street, Sarasota, Florida The Department, by serving the Respondent with the Administrative Complaint, provided the Respondent written notice of its decision to seek discipline of the Respondent's license to practice Speech-Language Pathology and Audiology. 3. The Respondent filed an Election of Rights Form or other responsive pleading evincing, or has otherwise indicated, that Respondent does not dispute the material facts alleged in the Administrative Complaint. 4. There are no disputed issues of material fact to be resolved by the Board. 5. Respondent has been advised, by a copy of this Motion, that a copy of the investigative file in this case shall be furnished to the Board to establish a prima facie case regarding the violations as set forth in the Administrative Complaint.

7 264 WHEREFORE the parties respectfully request the Board of Speech- Language Pathology and Audiology after allowing the Respondent the opportunity to present oral and/or written evidence in mitigation of the Administrative Complaint, enter a Final Order imposing whatever discipline upon the Respondent's license that the Board deems appropriate. Respec lly sub itted, Assistant general Counsel Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL Florida Bar No (850) , ext telephone (850) facsimile CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been provided by U.S. certified mail this grittt, day of Sepkvv,,koeiv( 2015, to: Respondent attorney, Steven D. Brownlee, EsqLire, Chapman Law Group, at 1834 Main Street, Sarasota, Florida OG/cg Ilan Assistan General Counsel

8 STATE OF FLORIDA BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY DEPARTMENT OF HEALTH, PETITIONER, v. CASE NOS DORIS WOLF, SLP, RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Speech-Language Pathology and Audiology against Respondent, Doris Wolf, SLP, and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of speech-language pathology and audiology pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 468, Part I, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was a licensed speech-language pathologist in the state of Florida, having been issued license number 1566 on or about May 9, 1986.

9 3. Respondent's address of record is 222 Oakwood Drive, Casselberry, Florida At all times material to this Complaint, Respondent was employed as a speech-language pathologist at Life Care Center of Altamonte Springs (Life Care), located at 989 Orienta Avenue, Altamonte Springs, Florida Patient P.B. was referred to Life Care on November 4, 2015 following surgery for an intracranial hemorrhage. 6. Respondent completed, signed, and submitted patient treatment documentation indicating that Respondent treated Patient P.B. on November 10, 2015 from 8:50 a.m. to 9:50 a.m. 7. However, Patient P.B. was sent to the emergency room at Florida Hospital Altamonte the previous day on November 9, 2015 at approximately 8:25 p.m. and was re-admitted at Life Care on November 16, 2015 at 5:00 p.m. 8. Respondent states that on November 10, 2015, Respondent entered treatment documentation for Patient P;13. earlier in the day and intended to treat Patient P.B. as indicated, but forgot to do so. D01-1 v. Doris Wolf, 31.1' D01.1 Case No

10 9. When confronted by Life Care staff, Respondent stated that her intern must have mistakenly treated the wrong patient as there was another patient with an appearance and diagnosis similar to that of Patient P.B. 10. Respondent told Life Care she completed the documentation for her intern because her intern was not feeling well that day and requested to leave early. 11. Respondent's intern was not working at Life Care on November 10, On November 11, 2015, Respondent contacted her intern via text messages and requested that her intern corroborate Respondent's statements. Respondent requested that her intern confirm that she had mistakenly seen the wrong patient instead of Patient P.B. and confirm that she went home early that day because she was not feeling well. 13. Respondent's intern ultimately refused to corroborate Respondent's statements. 14. Life Care initiated an internal investigation into this matter. D011 v. Doris Wolf. SLP D011 Can No

11 15. On November 15, 2015, Respondent sent an to Life Care's Director of Rehab admitting that Respondent had documented on Patient P.B. before seeing her and forgot to actually treat her that day. 16. In the same , Respondent admitted that her intern was not present at Life Care on November 10, 2015, and the initial statements Respondent made to Life Care were not true and were made in a moment of panic. 17. Section (1)(d), Florida Statutes (2015), subjects a speech-language pathologist to discipline for making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or records required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such report or record shall include only those reports or records which are signed in one's capacity as a licensed speechlanguage pathologist. 18. Respondent completed, signed, and submitted treatment documentation for Patient P.B, on November 10, DOH v. Doris Wolf, S1,1' DOH Case No

12 19. Patient P.B. was hospitalized at a different facility at that time and did not receive speech therapy from Respondent or her intern as indicated. 20. By signing and submitting these treatment notes, Respondent indicated that she provided or supervised speech-therapy as indicated when she did not, in fact, provide such treatment to Patient P.B. 21. Based on the foregoing, Respondent has violated Section (1)(d), Florida Statutes (2015), by making or filing a report or record which the licensee knew to be false, intentionally or negligently failing to file a report or records required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. WHEREFORE, Petitioner requests that the Board of Speech-Language Pathology and Audiology enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. DOH v. Doris Wolf. SLP DOH Case No

13 SIGNED this q day of Koj r Celeste Philip, MD, MPH State Surgeon Gen ml CLERK FILED Department Of Health Deputy Clerk cohtge/ sad DATE MAY :Ars* Oaj Gila; / Assistant Ge o-ral Counsel Florida Bar # Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida (850) (850) (fax) PCP: 5/19/16 PCP Members: Ms. Walker and Ms. Rutland DOH v. Doris Wolf, SLP!)OH Case No

14 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule (2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule (4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule (5), Florida Administrative Code. Mediation under Section , Florida Statutes, is not available to resolve this Administrative Complaint. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section (4)1 Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent, in addition to any other discipline imposed. DOI I v Doris Wolr. DOI I Case No