STATE OF FLORIDA BOARD OF CLINICAL LABORATORY PERSO. vs. Case No.: License No.: TN38628 FINAL ORDER

Transcription

1 Final Order No. DOH MQA FILED DATE - JAN DEPARTMENT OF HEALTH, Petitioner, STATE OF FLORIDA BOARD OF CLINICAL LABORATORY PERSO vs. Case No.: License No.: TN38628 ARTHUR POLLOCK, Respondent. FINAL ORDER THIS MATTER came before the Board of Clinical Laboratory Personnel (Board) at a duly-noticed public meeting on December 7, 2017, in Orlando, Florida. Petitioner filed an Administrative Complaint seeking disciplinary action against Respondent's license to practice as a licensed clinical laboratory personnel technologist. A copy of the Administrative Complaint is attached to and incorporated as part of this Final Order. Petitioner was represented by John Wilson, Assistant General Counsel. Respondent was present. Petitioner and Respondent have stipulated to a disposition of this case. After considering the presentations of the parties and reviewing the record of the case, the Board voted to adopt the Settlement Agreement as an appropriate resolution of this matter. A copy of the Settlement Agreement is attached to and made a part of this Final Order. The parties shall be governed accordingly. Pursuant to Section (4), Florida Statutes (2017), the Department is authorized to collect costs for investigation and prosecution. The evidence presented to the Board was that the costs associated with this matter are one thousand nine hundred fifty-nine dollars and thirtynine cents ($1,959.39). Payment shall be made by cashier's or certified check or money order to 1

2 the Department of Health, Compliance Management Unit, Board of Clinical Laboratory Personnel Compliance Officer, P.O. Box 6320, Tallahassee, FL , within one hundred and eighty (180) days of the filing date of the Final Order. IT IS THEREFORE ORDERED that the Settlement Agreement is adopted and incorporated by reference herein and Respondent is hereby ordered to reimburse the Department costs in the amount of $1, The parties shall be governed accordingly. This Final Order shall become effective upon filing with the Clerk of the Department of Health. DONE AND ORDERED this 0 4-1: day of --/ *", 201 BOARD OF CLINICAL LABORATORY PERSONNEL Anthony pivey, D.B.A., ecutive Director on behalf of Carleen P. Van Siclen, MS, MLS (ASCP), Chair CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by US Mail to: Arthur Pollock, Sills Loop, Land O'Lakes, Florida 34639; and by electronic mail to: and Elana J. Jones, Assistant General Counsel, Department of Health, ElanaJones@flhealth.gov; and Deborah B. Loucks, Assistant Attorney General, Office of the Attorney General, deborah.loucks@myfloridalegal.com, on Say ta l,, 201. Deputy Agency Clerk 2

3 10/28/ :12 FAX 0001 STATE OF FLORIDA BOARD OF CLINICAL LABORATORY PERSONNEL DEPARTMENT OF HEALTH, Petitioner, v. DOH Case No ARTHUR POLLOCK, Respondent,,SETTLE ENT Arthur Pollock, referred to as the "Respondent," and the Department of. Health, referred to as "Department" stipulate and agree to the following Agreement and to the entry of a Final Order of the Board of Clinical Laboratory Personnel, 'referred to as "Board," incorporating the Stipulated Facts and Stipulated. Disposition in this matter. Petitioner is a state agency charged with regulating the practice of Clinical Laboratory Personnel pursuant to Section 20.43, Florida Statutes, and Chapter 456, Florida Statutes, and Chapter 483, Florida Statutes. STIPULATED FACTS 1. At all times material hereto, Respondent was a licensed clinical laboratory technologist in the State of Florida having been issued license number TN The Department charged Respondent with an Administrative Complaint that was filed and properly served upon Respondent with violations of Chapter 483, DOH v. Arthur Pollock Case No

4 10/26/ :12 FAX re_1002 Florida Statutes, and the rules adopted pursuant thereto. A true and correct copy of the Administrative Complaint is attached hereto as Exhibit A. 3. Respondent neither admits nor denies the allegations of fact contained in the Administrative Complaint for purposes of these proceedings only. 5TIPULAI OF LAW 1. Respondent admits that, In his capacity as a licensed clinical laboratory technologist, he is subject to the provisions of Chapters 456 and 483, Florida Statutes, and the jurisdiction of the Department and the Board. 2. Respondent admits that the facts alleged in the Administrative Complaint, if proven, would constitute violations of Chapter 483, Florida Statutes, as alleged in the Administrative Complaint. 3. Respondent agrees that the Stipulated Disposition in this case is fair, appropriate and acceptable to Respondent. STIPULATED DISPOSITION. 1. Fine - The Board of Clinical Laboratory Personnel shall impose an administrative fine of five hundred ($500) dollars against the license of Respondent, to be paid by Respondent to the Department of Health, HMQAMS/Client Services, Post Office Box 6320, Tallahassee, Florida , Attention: Board of Clinical Laboratory Personnel Compliance Officer, one hundred eighty (180) days from the date of filing of the Final Order accepting this Agreement. All fines shall be paid by DOH v. Arthur Pollack Case No V524

5 10/26/ :12 FAX check or money order. The Board office does not have the authority to change the terms of payment of any fine imposed by the Board. RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE FINE IS HIS/HER LEGAL OBLIGATION AND RESPONSIBILITY AND RESPONDENT AGREES TO CEASE PRACTICING IF THE FINE IS NOT PAID AS AGREED TO IN THIS SETTLEMENT AGREEMENT, SPECIFICALLY: IF WITHIN 125. DAYS OF THE DATE OF FILING OF THE FINAL ORDER, RESPONDENT HAS NOT RECEIVED WRITTEN CONFIRMATION THAT THE FULL AMOUNT OF THE FINE HAS BEEN RECEIVED BY THE BOARD OFFICE, RESPONDENT AGREES TO CEASE PRACTICE UNTIL SUCH WRITTEN CONFIRMATION IS RECEIVED BY RESPONDENT FROM THE BOARD. 2. Reimbursement of Costs - Pursuant to Section , Florida Statutes, Respondent agrees to pay the Department for any administrative costs incurred in the investigation and prosecution of this case. Such costs exclude the costs of obtaining supervision or monitoring of the practice, the cost of quality assurance reviews, and the Board's administrative cost directly associated with Respondent's probation, if any. The agreed upon amount of Department costs to be paid in this case includes but shall not exceed three thousand three hundred ($3,300) dollars. Respondent will pay costs to the Department of Health, HMQAMS/Client Services, P.O. Box 6320, Tallahassee, Florida , Attention: Board of Clinical Laboratory Personnel Compliance Officer within one hundred eighty (180) DOH v. Arthur P01100k Case No,

6 days from the date of filing of the Final Order in this cause. Any post-board costs, such as the costs associated with probation, are not included in this agreement. RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE COSTS IS HIS/HER LEGAL OBLIGATION AND RESPONSIBILITY AND RESPONDENT AGREES TO CEASE PRACTICING IF THE COSTS ARE NOT PAID AS AGREED TO IN THIS SETTLEMENT AGREEMENT, SPECIFICALLY: IF WITHIN 195 DAYS OF THE DATE OF FILING OF THE FINAL ORDER, RESPONDENT HAS NOT RECEIVED WRITTEN CONFIRMATION THAT THE FULL AMOUNT OF THE COSTS NOTED ABOVE HAS BEEN RECEIVED BY THE BOARD OFFICE, RESPONDENT AGREES TO CEASE PRACTICE UNTIL SUCH WRITTEN CONFIRMATION IS RECEIVED BY RESPONDENT FROM THE BOARD. 3. Suspension Language - Respondent's license shall be indefinitely suspended until such time as he demonstrates to the Board the ability to practice clinical laboratory technology with reasonable skill and safety. Such demonstration of skill and safety shall include an evaluation by the Professionals Resource Network (PRN). The Board reserves jurisdiction in this matter to impose additional terms and conditions, including a period of probation, with said terms and conditions of said probation to be determined by the Board at the time of reinstatement of Respondent's license to practice as a clinical laboratory technologist. Respondent shall not practice clinical laboratory technology in Florida until he petitions the Board for reinstatement, appears before the Board, and has DOH v. Arthur Pollock Case No

7 10/26/ :13 FAX L1004 her license reinstated. However, the term of suspension must be imposed prior to the Board considering respondents petition for reinstatement. SMNDAR_p PROVISZDNS 1. Wearanca: Respondent is required to appear before the Board at the meeting of the Board where this Agreement is considered. 2. No fob or effect until final order - It is expressly understood that this Agreement is subject to the approval of the Board and the Department. In this regard, the foregoing paragraphs (and only the foregoing paragraphs) shall have no force and effect unless the Board enters a Final Order incorporating the terms of this Agreement. 3. Addresses - Respondent must keep current residence and practice addresses on file with the Board. Respondent shall notify the Board within ten (10) days of any changes of said.addresses. 4. Eutpre Conduct - In the future, Respondent shall not violate Chapter 456, 483 or 893, Florida Statutes, or the rules promulgated pursuant thereto, or any other State or federal law, rule, or regulation relating to the practice or the ability to practice as a clinical laboratory technologist. Prior to signing this agreement, the Respondent shall read Chapters 456, 483 and 893 and the Rules of the Board of Clinical Laboratory Personnel, at Chapter 64B3, Florida Administrative Code. 5. Violation of terms considered - It is expressly understood that a violation of the terms of this Agreement shall be considered a violation of a Final DOH v. Arthur Pollack Case Na

8 10/26/ :13 FAX a005 days from the date of filing of the Final Order in this cause. Any post-board costs, such as the costs associated with probation, are not included in this agreement. RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE COSTS IS HIS/HER LEGAL OBLIGATION AND RESPONSIBILITY AND RESPONDENT AGREES TO CEASE PRACTICING IF THE COSTS ARE NOT PAID AS AGREED TO IN THIS SETTLEMENT AGREEMENT, SPECIFICALLY: IF WITHIN 195 DAYS OF THE DATE OF FILING OF THE FINAL ORDER, RESPONDENT HAS NOT RECEIVED WRITTEN CONFIRMATION THAT THE FULL AMOUNT OF THE COSTS NOTED ABOVE HAS BEEN RECEIVED BY THE BOARD OFFICE, RESPONDENT AGREES TO CEASE PRACTICE UNTIL SUCH WRITTEN CONFIRMATION IS RECEIVED BY RESPONDENT FROM THE BOARD. 3. $uspension 1,am:wain - Respondent's license shall be indefinitely suspended until such time as he demonstrates to the Board the ability to practice clinical laboratory technology with reasonable skill and safety. Such demonstration of skill and safety shall include an evaluation by the Professionals Resource Network (PRN). The Board reserves jurisdiction In this matter to impose additional terms and conditions, including a period of probation, with said terms and conditions of said probation to be determined by the Board at the time of reinstatement of Respondent's license to practice as a clinical laboratory technologist. Respondent shall not practice clinical laboratory technology in Florida until he petitions the Board for reinstatement, appears before the Board, and has DOH v. Arthur PoIlook Case No

9 10/26/ :13 FAX 17j006 Order of the Board, for which disciplinary action may be initiated pursuant to Chapters 456 and 483, Florida Statutes. 6. Purpose of Agreement - Respondent, for the purpose of avoiding further administrative action with respect to this cause, executes this Agreement. In this regard, Respondent authorizes the Board to review and examine all investigative file materials concerning Respondent prior to or in conjunction with consideration of the Agreement. Respondent agrees to support this Agreement at the time it is presented to the Board and shall offer no evidence, testimony or argument that disputes or contravenes any stipulated fact or conclusion of law. Furthermore, should this Agreement not be accepted by the Board, it is agreed that presentation to and consideration of this Agreement and other documents and matters by the Board shall not unfairly or illegally prejudice the Board or any of its members from further participation, consideration or resolution of these proceedings. 7. No_ - Respondent and the Department fully understand that this Agreement and subsequent Final Order incorporating same will in no way preclude additional proceedings by the Board and/or the Department against Respondent for acts or omissions not specifically set forth in the Administrative Complaint attached as Exhibit A. 8. Waiver of Utorney's fees and costa - Upon the Board's adoption of this Agreement, the parties hereby agree that with the exception of costs noted above, the parties will bear their own attorney's fees and costs resulting from prosecution or defense of this matter. Respondent waives the right to seek any DOH v. Arthur Pollock Case No

10 10/26/ :14 FAX [007 attorney's fees or costs from the Department and the Board in connection with this matter. 9. Waiverf ural teus - Upon the Board's adoption of this Agreement, Respondent expressly waives all further procedural steps and expressly waives all rights to seek judicial review of or to otherwise challenge or contest the validity of the Agreement and the Final Order of the Board incorporating said Agreement. REMAINDER OF PAGE BLANK DOH v. Arthur Pollock Case No

11 10/26/ :14 FAX SIGNED this ee5v-- day of el:47/w STATE OF FLORIDA COUNTY OF MAIL Before me, personally appeared.1( 00/C., whose identity is known to me or by Aaadae 60\LUALILCCadre (type of identification) and who, under oath, ackndwledges that his/her signature appears above. Sworn to and subscribed before me this day of. OCAT*se..de- \c;g2a'aacy ( ARY PUBLIC My Commission Expires: '7,-1., 2.0 MiRISTINAV.11-10,1AS MY COWAISSION # FF EXPIRES: Februaly 1, 2020 Bondidilitu Naha Pall Undirmilta Dom V. Arthur PollOck Case No

12 a i#1 APPROVED this day of, 2017 B Assistan G eral Counsel Depart ent of Health DOH v. Arthur Pollock Case No

13 STATE OF FLORIDA BOARD OF CLINICAL LABORATORY PERSONNEL DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO ARTHUR POLLOCK, RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, Weby files this Administrative Complaint before the Board of Clinical Laboratory Personnel against the Respondent, Arthur Pollock, and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of clinical laboratory personnel pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 483, Florida Statutes. 2. At all times material to this Complaint, Respondent was a Clihical Laboratory Technologist.within the State of Florida, having been issued license number TN

14 3. Respondent's address of record is Sills Loop, Land 0' Lakes, Florida On or about November 8, 2011, Respondent signed a five-year. Concurrent Illness Monitoring Contract with the Professionals Resource Network (PRN). 5. PRN is the impaired practitioners program for the Board of Clinical Laboratory Personnel, pursuant to Section , Florida Statutes. PRN is an independent program that monitors the evaluation, care, and treatment of impaired healthcare professionals. PRN oversees random drug screens and provides for the exchange of information between the treatment providers, PRN, and the Department for the protection of the public. 6. On or about October 24, 2016, Respondent underwent a PEth test as part of his contract with PRN A PEth test measures levels of phosphatidylethanol, an alcohol specific biomarker, in the blood and is used to detect heavy alcohol consumption. 8. On or about October 31, 2016, Respondent's PEth test returned positive at 92 ng/ml, indicating heavy alcohol consumption. DOH v. Arthur Pollock 2 Case No

15 9. PRN offered Respondent for a Recovery Status Evaluation and an addendum to his PRN contract for an extension of the duration of his contract. 10. Respondent refused to comply with PRN's recommendations. 11. On or about November 3, 2016, PRN terminated Respondent's contract. 12. Section (1)(w), Florida Statutes (2016), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto is grounds for disciplinary action by the Board of Clinical Laboratory Personnel. 13. Section (1)(hh), Florida Statutes (2016), provides that being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in s , for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into. by the licensee, or for successfully completing any drug treatment or alcohol treatment program is grounds for disciplinary action by the. Board of Clinical Laboratory Personnel. DOH V. Arthur Pollock 3 Case No

16 14. On or about November 3, 2016, PRN terminated Respondent's contract due to his failure to comply with the terms of his contract with PRN. 15. Based on the foregoing, Respondent has violated Section (1)(w), through a violation of Section (1)(hh), Florida Statutes (2016), by being terminated from PRN. WHEREFORE, Petitioner respectfully requests that the Board of Clinical Laboratory Personnel enter an order imposing one or more of the following penalties: permannt revocation or suspension*of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of 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. Arthur Pollock Case No

17 SIGNED this. Ost day of, Celeste Philip, MD, MPH Surgw General. td cretary rilialWakr. J. Jo es ssislant eneralccios6 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL Florida Bar # (850) (850) (fax) PCP Date: October PCP Members: Donahue & Morgan CLERK: FILED DEPARTMENT OF HEALTH DEPUTY CLERK Angd Mud= DATE: OCT DOH v. Arthur Pollock Case No

18 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 (4 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. Please be advised that mediation under Section , Florida Statutes, is not available for administrative disputes involving this agency action. 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), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. DOH v. Arthur Pollock Case No