STATE OF FLORIDA BOARD OF PHYSICAL THERAPY PRACTICE DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2016-21779 VALERIE RAE MCGHIN, P.T.A., Respondent. I ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Physical Therapy Practice ("Board") against Respondent, Valerie Rae McGhin, P.T.A., and alleges: 1. Petitioner is the state agency charged with regulating the practice of physical therapy pursuant to section 20.43,. Florida Statutes; chapter 456, Florida Statutes; and chapter 486, Florida Statutes.
2. At all times material to this Complaint, Respondent was a licensed physical therapist assistant or an applicant for licensure as a physical therapist assistant in the state of Florida, having been issued license number PTA 26623 on or about May 2, 2016. 3. Respondent's mailing address of record is 706 North Perry Avenue, Jupiter, Florida 33458. An additional address for Respondent may be 105 18th Street Northwest, Ruskin, Florida 33570. 4. In December 2015, Respondent submitted an application for licensure as a physical therapist assistant to the Board. 5. On her application, Respondent appropriately disclosed two prior convictions of driving under the influence (DUI) from 2005 and 2007. 6. In her explanation to the Board, Respondent stated that she had issues with alcohol, but that she had sought rehabilitation treatment and had been sober for over eight years. 7. The Board considered Respondent's application at the February 2016 Board meeting and Respondent was subsequently granted a license on May 2, 2016. DOH v. Valerie Rae McGhin, P.T.A. Page 2 of 7
8. Physical therapist assistants regularly treat patients that are vulnerable. Therefore, the therapist-patient relationship requires that a physical therapist assistant be able to practice physical therapy with reasonable skill and safety. 9. On or about August 18, 2016, Respondent was arrested for driving under the influence of alcohol or drugs and her refusal to submit to a breathalyzer test. 10. The circumstances of the arrest occurred at approximately 3:30 p.m. on a weekday. 11. Physical therapist assistants are often expected to provide physical therapy to patients during the traditional work hours of 9:00 a.m. to 5:00 p.m. on weekdays. 12. On or about January 6, 2017, Respondent pled nolo contendere to and was adjudicated guilty of DUI, third conviction within 10 years ("3rd DUI"), a felony, and failure to submit to a breathalyzer, a misdemeanor, in Case Number 53-2016-CF-006923-A000-XX, in the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, Florida. 13. Respondent failed to report these pleas and convictions to the Board, in writing, within 30 days. DOH v. Valerie Rae McChin, P.T.A. Page 3 of 7
COUNT I: CRIME RELATED TO PRACTICE 14. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 15. Section 456.072(1)(c), Florida Statutes (2016), subjects a physical therapist assistant to discipline for being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession. 16. Despite representing to the Board that Respondent was rehabilitated and sober, Respondent was arrested for DUI in August 2016, approximately three months after the Board granted her a license. 17. This was Respondent's third DUI in ten years. 18. The underlying facts and arrest occurred in the afternoon on a weekday, during traditional work hours. 19. Respondent was convicted of felony 3rd DUI while she held a license to practice physical therapy in the state of Florida. 20. Based on the foregoing, Respondent has violated section 456.072(1)(c), Florida Statutes (2016). DOH v. Valerie Rae McGhin, P.T.A. Page 4 of 7
COUNT II: FAILURE TO REPORT 21. Petitioner realleges and incorporates paragraphs one (1) through three (3), twelve (12), and thirteen (13) as if fully set forth herein. 22. Section 456.072(1)(x), Florida Statutes (2016), provides that failing to report to the board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction constitutes grounds for discipline. 23. Respondent pled nolo contendere to and was convicted of felony 3rd DUI and failure to submit to a breathalyzer on or about January 6, 2017, and failed to report it to the Board, in writing, within 30 days. 24. Based on the foregoing, Respondent has violated section 456.072(1)(x), Florida Statutes (2016). WHEREFORE, the Petitioner respectfully requests that the Board of Physical Therapy Practice enter an order imposing one or more of the following penalties: permanent revocation or suspension of license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, continuing education and/or any other relief that the Board deems DOH v. Valerie Rae McGhin, P.T.A. Page 5 of 7
appropriate. SIGNED this LPL day of,, 2017. Celeste Philip, MD, MPH Surgeon ner. 2/and Secretary CLERK: FILED DEPARTMENT OF HEALTH DEPUTY CLERK DATE AUG 2 4 2017 Oaj Gil» i/ Assistant neral Counsel Florida Ba /#0099413 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 (850) 558-9844 (850) 245-4684 (fax) PCP: 8/22/17 PCP Members: Dr. Tasso, Mr. Bumgarner, and Ms. Pettie DOH v. Valerie Rae McGhin, P.T.A. Page 6 of 7
NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, 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 28-106.111(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 28-106.111(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 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, 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 456.072(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. Valerie Rae McGhin, P.T.A. Page 7 of 7