Final Order No. DOH-18-2185- -MQA 20'g FILED DATE - Department of Health rv 4 STATE OF FLORIDA DEPARTMENT OF HEALTH uty Agency Clerk In Re: Emergency Suspension of the Certificate of ORDER OF EMERGENCY SUSPENSION OF CERTIFICATE Celeste Philip, M.D., M.P.H., State Surgeon General, ORDERS the emergency suspension of the certificate of, (Mr. Prat) to practice as a paramedic in the State of Florida. Mr. Prat holds certificate number PMD 205003. His address of record is 83 E. 5th Street, Hialeah, Florida 33010. The following Findings of Fact and Conclusions of Law support the emergency suspension of Mr. Prat's certificate to practice as a paramedic. FINDINGS OF FACT 1. The Department of Health (Department) is the state agency charged with regulating paramedics pursuant to Chapters 20, 456, and 401, Florida Statutes (2018). Section 456.074(4), Florida Statutes (2018), authorizes the State Surgeon General to summarily suspend Mr. Prat's. certificate to practice as a paramedic.
Edward George Prat, PMD, 2. At all times material to this Order, Mr. Prat was certified to practice as a paramedic in the State of Florida pursuant to Chapter 401, Florida Statutes (2018). 3. On or about June 16, 2017, the Department received information from the Department of Education indicating that Mr. Prat defaulted on a student loan issued or guaranteed by the State or Federal government. 4. Section 456.072(1)(k), Florida Statutes (2018), provides that "failing to repay a student loan issued or guaranteed by the state or the Federal Government in accordance with the terms of the loan or failing to comply with service scholarship obligations shall be considered a failure to perform a statutory or legal obligation, and the minimum disciplinary action imposed shall be a suspension of the license until new payment terms are agreed upon or the scholarship obligation is resumed, followed by probation for the duration of the student loan or remaining scholarship obligation period, and a fine equal to 10 percent of the defaulted loan amount." 5. Section 456.074(4), Florida Statutes (2018), provides that quipon receipt of information that a Florida-licensed health care practitioner has defaulted on a student loan issued or guaranteed by the state or the Federal Government, the department shall notify the licensee by certified 2
mail that he or she shall be subject to immediate suspension of license unless, within 45 days after the date of mailing, the licensee provides proof that new payment terms have been agreed upon by all parties to the loan." 6. On or about October 12, 2017, the Department notified Mr. Prat by certified mail to his address of record that he was subject to immediate suspension of his certificate, unless he provided proof to the Department that new payment terms have been agreed upon by all parties to the loan within 45 days after the date of the Department's mailing. 7. On or about October 16, 2017, Mr. Prat was served with this notification by certified mail. 8. Mr. Prat has failed to provide the Department proof that new payment terms have been agreed upon by all parties to the loan within 45 days after the date of the Department's mailing. 9. Section 456.074(4), Florida Statutes (2018), further provides that "[t]he department shall issue an emergency order suspending the license of any licensee who after 45 days following the date of mailing from the department, has failed to provide such proof. Production of such proof shall not prohibit the department from proceeding with disciplinary action against the licensee pursuant to s. 456.073." 3
CONCLUSIONS OF LAW In Re: Emergency Suspension of the Certificate of Based on the foregoing Findings of Fact, the State Surgeon General concludes as follows: 1. The Department of Health has jurisdiction pursuant to Sections 20.43 and 456.074(4), Florida Statutes (2018), and Chapter 401, Florida Statutes (2018). 2. Mr. Prat failed to repay a student loan issued or guaranteed by the State or Federal government in accordance with the loan's terms and failed to provide the Department proof that new payment terms have been agreed upon by all parties to the loan, within 45 days after the date of the Department's mailing on or about October 16, 2017. 3. The Department is mandated to summarily suspend Mr. Prat's certificate to practice as a paramedic in accordance with Section 456.074(4), Florida Statutes (2018). WHEREFORE, in accordance with Section 456.074(4), Florida Statutes (2018), it is ORDERED THAT: 1. The certificate of, certificate number PMD 205003, is immediately suspended. 4
2. A proceeding seeking formal discipline of the certificate of Mr. Prat to practice as a paramedic will be promptly instituted in compliance with Section 120.569, Florida Statutes (2018). DONE and ORDERED thisprif day of b6c-e,t,, 2018. Celes Philip, M.D., M.P.H. Surgeon General and Secretary PREPARED BY: Kimberly Marshall Assistant General Counsel Fla. Bar No. 123880 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9810 Facsimile: (850) 245-4684 Email: kimberly.marshall flhealth.gov 5
NOTICE OF RIGHT TO JUDICIAL REVIEW Pursuant to Section 120.68, Florida Statutes (2018), this Order is judicially reviewable. Review proceedings are governed by the Florida Rules of Appellate Procedure. Proceedings are commenced by filing a Petition for Review, in accordance with Fla. R. App. P. 9.100, with the District Court of Appeal, accompanied by a filing fee prescribed by law, and a copy of the petition with the Agency Clerk of the Department within 30 days of the date this Order is filed. 6