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Who is responsible if the department of health
Sent to Legal Experts January 25 07:35 PM

Who is responsible if the department of health performs an investigation. The corporation or the employee? Specifically opticians.

 

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Saint Petersburg, Florida

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I tried to find the answer in the Department of Health for Florida

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January 25 7:38 PM (2 minutes and 58 seconds later)
         
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January 25 7:42 PM (3 minutes and 45 seconds later)
         
I would like to see the specific law. I know it exists, but cannot find it.
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January 25 7:42 PM (56 seconds later)
         
What is your job title. What code was violated.

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January 25 7:50 PM (7 minutes and 28 seconds later)
         
My job title was a clerk 1, but I was made to perform optician duties without the licensed optician on the premisis.The law previously fined the individual working when a DPR investigator came in and caught you dispensing eyewear. I know it has since changed and the corporation is responsible for putting you in this position under duress (fear of losing your job)I don't mean to sound sarcastic, but if I knew the code I wouldn't be asking you.
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January 25 7:54 PM (3 minutes and 34 seconds later)
         
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January 25 8:03 PM (5 minutes and 17 seconds later)
         
REPLIEDCheck Mark

Here is the text itself. click the link and read down.

http://www.leg.state.fl.us/statutes/index.cfm?StatuteYear=2006&AppMode=Display_Results&Mode=Search%2520Statutes&Submenu=2&Tab=statutes&Search_String=optician

You have to dig into the Florida Codes.



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January 25 8:08 PM (4 minutes and 26 seconds later)
         
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January 25 8:08 PM (35 seconds later)
         
I have looked at that wesite and cannot find the specific law. I did complain and was told I'd be fired if I continued to complain. Which I did, and was fired. I reported it, and the DPR is now saying I too may be facing criminal charges because I continued performing the work until I was fired. I have an attorney and we are trying to find the specific law. Sorry to make you work so hard for the fee. Thanks.
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January 25 8:12 PM (3 minutes and 47 seconds later)
         
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January 25 8:16 PM (4 minutes and 25 seconds later)
         
Reply to 4ren6's Post: There is another law that states specifically who will be fined if you are caught dispensing. I already have the one you just gave me. Thanks for your help.
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January 25 8:22 PM (6 minutes and 4 seconds later)
         

Sir/Ma'am with all due respect your initial question was:

Who is responsible if the department of health performs an investigation.

All such delegated acts shall be performed under the direct supervision of a licensed optician, who shall be responsible for all such acts performed by persons under her or his supervision.

This has been answered with the proper Fla. Statues...........would you like for me to continue to work with you on this.........as now your asking a seperate question regarding who is to be fined.




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January 25 8:24 PM (1 minute and 25 seconds later)
         
But you haven't answered my question to my satisfaction.
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January 25 8:27 PM (2 minutes and 49 seconds later)
         
Then what may I further do to better assist you.

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January 25 8:32 PM (5 minutes and 6 seconds later)
         
I need the law that states specifically who is fined. One that shows it is the corporations responsibility and not the employee under duress who faces criminal charges. I know it exists, because I have seen it in the past. Thank you, I do appreciate your help.
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January 25 8:36 PM (4 minutes and 22 seconds later)
         
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January 25 8:42 PM (5 minutes and 23 seconds later)
         
I have to get my daughter to bed, so will check into this later. I'm a mom, not a sir.
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January 25 8:45 PM (2 minutes and 55 seconds later)
         
That is fine and I understand. I will stay with you and be here when you need to respond. The law does state that the optician is responsible for the incident you have described...........you just need to fully read 484.013 .014...........I will be here when you need me. Good evening Ma'am.

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January 25 10:47 PM (2 hours and 2 minutes and 35 seconds later)
         
Can you show me the old law where is stated that the individual caught performing duties without a licensed optician on duty was the one fined? Then I will be satisfied with your answer. Thank you
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January 26 1:42 AM (2 hours and 55 minutes and 20 seconds later)
         
Were you able to find the previous law showing the individual being responsible?
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January 26 6:52 AM (5 hours and 9 minutes and 48 seconds later)
         

Are you the employee or the optician. Have you fully read the last code that I sent.



Edited by 4ren6 on January 26 2007 at 6:59 AM

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January 26 7:12 AM (19 minutes and 34 seconds later)
         
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January 26 5:43 PM (10 hours and 30 minutes and 50 seconds later)
         
I did notify the DPR and was told I would be protected under whistle blower. It is the department of health who now says I may be facing criminal charges. The optician told me that the laws did not apply (in writing) because we were not open to the public and that it was ok for me to perform these duties as long as one of the other opticians was somewhere in the building.
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January 27 12:23 PM (18 hours and 40 minutes and 34 seconds later)
         
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