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The Florida Board of Respiratory Care MINUTES October 6, 2017 MINUTES Sheraton Lake Buena Vista 12205 S. Apopka Vineland Orlando, Florida 32836 (407) 239-0444 Joseph Frey, RRT Chair Roberto Garcia, RRT Vice Chair BOARD OF RESPIRATORY CARE GENERAL BUSINESS MEETING GENERAL RULES REVIEW October 6, 2017 AGENDA Sheraton Lake Buena Vista 12205 S. Apopka Vineland Orlando, Florida 32836 (407) 239-0444 Participants in this public meeting should be aware that these proceedings are recorded and an audio file of the meeting will be posted to the board's website. The Board will hold a discussion entitled, “Future of Respiratory Licensure in Florida, within Statutory Guidelines” at 1:00 p.m. Any agenda items not considered before 1:00 p.m., will be addressed after this discussion. 8:55 a.m. EST Call to Order – General Business Meeting Mr. Joseph Frey, RRT, Chair, called the general business meeting to order at 8:55 a.m. Those present for the meeting, included the following: Members Present Staff Present Joseph Frey, RRT, Chair Allen Hall, Executive Director Shawnta Friday-Stroud, Ph., D. Traci Zeh, Program Operations Administrator Roberto Garcia, RRT, Vice Chair Ruben Colon, CRT Board Counsel Ronald Eric Mitchell, CRT Rachelle Munson, Board Counsel Office of the Attorney General Member Absent Craig Broeker, RRT Prosecuting Attorney Cecilie Sykes, DOH Court Reporter: Assistant General Counsel Diana Brundage John Wilson, DOH American Court Reporting Assistant General Counsel [email protected] 407-896-1813 Dr. Polles was present on behalf of the Professionals Resource Network, Inc. (PRN). To accommodate individuals wishing to address the Board, the Board Chair may adjust the sequence of the agenda items. The minutes reflect the actual sequence of events rather than the original agenda order. Due to participation in the Probable Cause Panel, Mr. Broeker was recused from tabs 1, 4 and 5. Mr. Frey was recused from tabs 2 and 3. DISCIPLINARY PROCEEDINGS October 6, 2017 - RT General Business Meeting Minutes Page 2 PROSECUTOR’S REPORT 6. Cecilie Sykes, Prosecuting Attorney • PSU Inventory Report As of September 14, 2017, there were 19 open disciplinary cases in the PSU Detailed Inventory. Under Legal Review: 3 PC recommendation made or 6 no PC found and not yet closed: Probable cause found: 3 Agendaed for Board 6 EAU: 3 DOAH: 1 (EAU) Cases Older Than One Year: 2015: 1 (On current Board agenda) 2016: 4 (1 agendaed for PCP, 1 is awaiting proper service, and 2 are on the current Board agenda) ___________________________________ Total: 5 MOTION: Mr. Frey made a motion to allow prosecution to continue prosecuting year-old cases. The motion was seconded by Ms. Friday-Stroud and carried 5/0. ADMINISTRATIVE PROCEEDINGS PERSONAL APPEARANCE PURSUANT TO §456.013(3)(c), F.S. 7. Summer Leigh Roland, Registered Respiratory Therapist Ms. Roland was not present nor represented by Counsel. She was requested to appear before the board due to the disciplinary history received with her licensure verification from another state. Ms. Roland failed to appear at the July 7, 2017 board meeting. Ms. Roland was issued an Order requiring her appearance at the October 6, 2017 meeting or application is subject to be denied. MOTION: After discussion, Mr. Colon made a motion to allow Ms. Roland 10 days from the filing of the Final Order to withdraw her application. If no response is received from Ms. Roland, her application shall be denied. The motion was seconded by Mr. Mitchell and carried 5/0. October 6, 2017 - RT General Business Meeting Minutes Page 3 8. Rob Casey Souza, Registered Respiratory Therapist Mr. Souza was not present nor represented by Counsel. He was requested to appear before the board due to the “yes” answer in the criminal history section of his application. Mr. Souza submitted a request to the Board to withdraw his application. MOTION: After discussion Mr. Frey made a motion to approve Mr. Souza’s request and allowed him to withdraw his application. The motion was seconded by Mr. Colon and carried 5/0. 9. Lacey Ninemire, Registered Respiratory Therapist Ms. Ninemire was not present nor represented by Counsel. She was requested to appear before the board due to the “yes” answer in the criminal history section of her application. Ms. Ninemire submitted a request to the Board to withdraw her application. MOTION: After discussion Mr. Frey made a motion to approve Ms. Ninemire’s request and allowed her to withdraw her application. The motion was seconded by Mr. Colon and carried 5/0. 10. Kevin Cox, Registered Respiratory Therapist, RT5117 Mr. Cox was present and sworn in by the court reporter. He submitted an application for Exemption from Disqualification to seek employment in a health care facility licensed under Chapter 400, Florida Statutes. MOTION: After discussion, Mr. Colon made a motion to grant Mr. Cox’ request for an Employment Exemption from Disqualification. The motion was seconded by Mr. Mitchell and carried 5/0. 23. Stefanie Fabienne Toussaint, TT15287 Ms. Toussaint was present and sworn in by the court reporter. She submitted an application for Exemption from Disqualification to seek employment in a health care facility licensed under Chapter 400, Florida Statutes. MOTION: After discussion, Ms. Friday-Stroud made a motion to grant Ms. Toussaint’s request for an Employment Exemption from Disqualification. The motion was seconded by Mr. Garcia and carried 5/0. 11. Certified Respiratory Therapists October 6, 2017 - RT General Business Meeting Minutes Page 4 MOTION: Mr. Colon made a motion to ratify the list of 40 names, beginning with Alba Grey M. Molina and ending with Jacen Pierre-Louis (Exhibit A), for CRT licensure by endorsement. The motion was seconded by Mr. Frey and carried 5/0. 12. Registered Respiratory Therapists MOTION: Mr. Frey made a motion to ratify the list of 298 names, beginning with Mitchell B Fischer, and ending with Omar Sean Hoilette (Exhibit B), for RRT licensure by endorsement. The motion was seconded by Mr. Garcia and carried 5/0. 13. Exemption from Employment Disqualification MOTION: Mr. Frey made a motion to ratify the one name, Learnon Lazarus Leon (Exhibit C), for exemption for disqualification from employment by delegation of authority from the Board for staff to administratively review and approve exemption applications that meet certain criteria. The motion was seconded by Mr. Garcia and carried 5/0. 14. Unlicensed Activity Presentation/Sidronio Casas, Unlicensed Activity Liaison • Board Input on Individuals Employed to Deliver, Assemble, Set Up, or Test Equipment for Home Use Re: 468.368(5), F.S. At the request of the Board, Mr. Sidronio “Chilo” Casas, Florida Department of Health’s Unlicensed Activity Liaison, provided an Unlicensed Activity Presentation. At the July 14, 2017 meeting, the Board discussed drivers for Home Health Care Companies and activities they perform when they deliver equipment related to respiratory services. The Board provided input to Mr. Casas on individuals employed to deliver, assemble, set up, or test equipment for home use. The input was intended to assist that office in determining if these individuals are performing activities outside of the exemption found in s. 468.368(5), F.S. MOTION FOR BOARD’S FINAL ORDER BY HEARING NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT 1. Terry Paden, R.R.T., Case No: 2016-28578 (PCP, Broeker & Fields) Respondent was present and sworn in by the court reporter. Mr. Ron Mitchell recused himself. Mr. Wilson summarized the case for the Board. Respondent was charged with the following violations: Count I: Section 468.365 (1)(f), Florida Statutes (2015), by using foul or abusive language related to the practice of respiratory care. Count II: Section 468.365(1)(x), Florida Statutes (2015) through a violation of Rule 64B32-5.003(f), F.A.C., by using foul or abusive language in a public area. October 6, 2017 - RT General Business Meeting Minutes Page 5 The case was presented as a Hearing Not Involving Disputed Issues of Material Fact, which requires the Board to impose whatever discipline upon the Respondent’s license that the Board deems appropriated and to assess costs of the investigation. MOTION: Mr. Colon made a motion to accept the investigative report and exhibits into evidence for the purposes of imposing penalty, making a finding that the Respondent was properly served and has waived his right to a formal hearing, adopted the findings of fact and conclusions of Law as set forth in the Administrative Complaint and that this constitutes a violation of the Florida Statutes, as set forth in the Administrative Complaint. The motion was seconded by Mr. Frey and carried 4/0. MOTION: After discussion, Ms. Friday-Stroud made a motion to impose the following penalties: • Revocation The motion was seconded by Mr. Garcia and carried 4/0. MOTION FOR BOARD’S FINAL ORDER BY SETTLEMENT AGREEMENT 2. Willie E. Reedy, R.R.T., Case No: 2015-18436 (PCP, Frey & Fields) Respondent was not present nor represented by Counsel. Ms. Sykes summarized the case for the Board. Respondent was charged with the following violation: Section 468.365 (1)(x), Florida Statutes (2015), through a violation of Section 456.072 (1)(c), Florida Statutes (2015), by violating provisions of this chapter or chapter 456, or any rules adopted, by being convicted or found guilty of, or entering a plea of guilty or nolo contendere to a crime. The case was presented as a Settlement Agreement that would impose the following penalties: • Appearance • Fine of $1,000.00 to be paid within one (1) year of the filing of the Final Order • Costs of $1,321.46 to be paid within one (1) year of the filing of the Final Order • Respondent’s license to practice respiratory care in the State of Florida shall be placed on probation for a period of one (1) year.

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