michael addair tarver, dds consent agreement 11-20-2013
TRANSCRIPT
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
1/28
DEPARTMENT OF HEALTH,
Petitioner,
VS
ase Nos.:
013-12498
2013-09493
License No.: DN 18670
MICHAEL A. TARVER, DMD
Respondent.
Final Order No. DOH 13 2214 S N1QA
1
0
13
ILED DATE -
Department of Health
gi
By:
Deputy Age
STATE OF FLORIDA BOARD OF DENTISTRY
lerk
FINAL ORDER
COUNTER SETTLEMENT AGREEMENT
This matter appeared before the Board of Dentistry at a duly-noticed public meeting on
November 15, 2013, in Gainesville, Florida, pursuant to Sections 120.569 and 120.57(4), Florida
Statutes for consideration of a Settlement Agreement (attached hereto as Exhibit A ). Petitioner
was represented by Adrienne Rodgers, Assistant General Counsel. Respondent was present and
was represented by Edwin Bayo, Esquire. Upon consideration of the Settlement Agreement, the
documents submitted in support thereof, the arguments of the parties and otherwise being
advised, the Board rejected the settlement agreement and offered a counter settlement agreement
that incorporates the terms of the original settlement agreement with the following amendments:
1)
The Fine imposed shall be $7,500.00;
2)
The Preparation of a Publishable Article is hereby stricken;
3)
The Respondent shall also successfully complete a Level I (3 hour) continuing
education course in Dental Risk Management. The course shall be taken at or
through an accredited college of dentistry or through a board approved continuing
education course provider. The course shall be completed within 12 months of the
entry of this Final Order.
The counter settlement agreement was accepted by the Respondent on the record at the
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
2/28
board meeting.
WHEREFORE, it is hereby ORDERED AND ADJUDGED
that the Counter
Settlement Agreement be and is hereby approved and adopted in toto and incorporated by
reference herein. Accordingly, the parties shall adhere to and abide by all the terms and
conditions of the Agreement. Costs are assessed in the amount of
17,505.90.
This Final Order
shall take effect upon being filed with the Clerk of the Department of Health.
DONE AND ORDERED
this '1f day of N O V E M E R
, 2013.
BOARD OF DENTISTRY
Sue Foster
Executive Director on beh lf of
Daniel Gesek, DMD, CHAIR
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
electronic mail to Michael A. Tarver, DMD do Edwin Bay6 Esquire,
e.bavogIblawfirm.com;David D. Flynn,
Assistant Attorney General,
david.fivnivn
mvfloridalegal.com ; and Adrienne Rodgers, AssistaRt General Counsel,
Department of Health, Adrienne Rodgers(ddoh.state.flus thisOOThday of November,
2013.
vt ce _ y i L -
D e p u t y g e n c y C l e r k
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
3/28
STATE OF FLORIDA
BOARD OF DENTISTRY
DEPARTMENT OF HEALTH
Petitioner
v.
ASE NOS. 2013-09493
2013 12498
MICHAEL ADDAIR TARVER D.M.D.
Respondent.
SETTLEMENT AGREEM ENT
Pursuant to Section 120.57(4), Florida Statutes, the above named
parties hereby offer this Settlement Agreement (hereinafter Settlement
Agreement or Agreement ) to the Board of Dentistry (hereinafter
Board )
as disposition of above-identified case, in lieu of any other
administrative proceedings. The terms herein become_ effective only if and
when a Final Order accepting this Agreement is issued by the Board and
filed with the Agency Clerk of the Department of Health. In considering
this Agreement, the Board may review all investigative materials regarding
For purposes of this Settlement Agreement, where terms of the Agreement require the Board to
undertake action or grant approval, the Board can appoint a representative or designee to act in its stead.
In light of this, references to the Board can also refer to the Board's designee.
Page 1 Respondent initial
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
4/28
this case. If this Agreement is not accepted by the Board, the Agreement
and its: presentation to the Board shall not be used against either party.
STIPULATED FACTS
1
For all times pertinent herein, Respondent was a licensed
dentist in the State of Florida, having been issued license number DN
18670 on or about June 2, 2009.
2.
Respondent's address of record is 1371 SW 43r
d
Place, Ocala,
FL 34471
3.
Respondent was charged by an Administrative Complaint with
violating Chapter 466, Section 466.028(1)(1), Florida Statutes (2011-2012),
Section 466.028(1)(m), Florida Statutes (2011-2012)
1
and Section
466.028(1)(mm), Florida Statutes (2011-2012) by violating Section
456.072(1)(r), Florida Statutes (2011-2012). The Administrative Complaint
was filed by the Department of Health (hereinafter Department ) and
properly served upon Respondent Petitioner agrees to dismiss the count
alleging violation of Section 466.028(1)(mm), Florida Statutes (2011-
2012), by violating Section 456.072(1)(r), Florida Statutes (2011-2012).
5 Respondent denied the allegations contained in the
Administrative Complaint and requested a hearing involving disputed
issues of material fact.
Page 2 Respondent Initial
m - T
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
5/28
6.
After a review of the allegations, the process of discovery, and
in negotiation of a settlement, the parties have agreed that settlement is a
reasonable resolution to the complaint.
7.
Respondent neither admits nor denies the factual allegations in
the Administrative Complaint (the Complaint ) and is entering into this
Settlement Agreement for the purpose of settlement in these
administrative proceedings only.
STIPUL TED L W
1
Respondent admits that Respondent is subject to the provisions
of Chapters 456 and 466, Florida Statutes, and the jurisdiction of the
Department of Health and the B oard.
2.
Respondent admits that the stipulated facts, if proven true,
may constitute violations of Florida laws as alleged in the Complaint.
3.
Respondent admits that the Settlement Agreement is a fair,
appropriate, and reasonable resolution to this pending matter.
PROPOSED DISPOSITION
1.
APPEARANCE
Respondent shall be present when this
Settlement Agreement is presented by the Department to the Board, and
under oath, Respondent shall answer questions posed by the Board
concerning this case and the disposition thereof.
P age 3 Respondent Initialif A
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
6/28
2.
DISCIPLINE:
The Board shall reprimand the license of
Respondent
3. FINE: The Board shall impose an administrative fine of Fifteen
Thousand Dollars ( 15,000.00) against the license of Respondent.
Respondent acknowledges that the timely payment of the fine is
Respondent's legal obligation and responsibility. Respondent shall pay the
fine by either cashiers check or money order made payable to the Board of
Dentistry within thirty (30) days of the filing of the Final Order issued in
this matter. Respondent shall send payment(s) to:
Florida Department
of Health Division of MQA/Client Services P.O. Box 6320
Tallahassee FL 32314-6320.
4.
COSTS
Pursuant to Section 456.072(4), Florida Statutes,
Respondent shall pay all actual costs associated with the investigation and
prosecution of this matter through the date of entry of the final order.
Respondent shall pay all costs by either cashiers check or money order
made payable to the Board of Dentistry within thirty {30) days of the filing
of the Final Order issued in this matter. Respondent shall send payment(s)
to:
Florida Department of Health Division of MQA/Client Services
P.O. Box 6320 Tallahassee FL 32314-6320.
Page 4 Respondent Initia
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
7/28
5.
CONTINUING EDUCATION
Within twelve (12) months of
the filing of the Final Order adopting and incorporating this Agreement,
Respondent shall successfully complete continuing education at or
through an accredited university, in the following subjects, unless
another subject area is designated by the Board:
A.
An ethics course geared toward developing a comprehensive
understanding of the legal and ethical obligations and
responsibilities of dental professionals in the State of Florida, 3
hours.
B.
Dental Record Keeping, Level III (3 hours)
These continuing education hours are imposed in addition to the
continuing education hours required for renewal of Respondent s
license. Home study courses will not be accepted in satisfaction of this
condition. Upon completion of the course, Respondent must provide
documentation to the Board verifying course content and include a
letter of completion from the Remediation Program Administrator
verifying the number of hours completed and certifying achieved
competency. Documentation shall be submitted to the Compliance
Officer at the address referenced in paragraph 3.
6.
RECORD REVIEW
Respondent shall have his records
reviewed at regular intervals for a period of one (1) year. The purpose
P a g e 5 R e s p o n d e n t I n i tia l
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
8/28
of the record review is not to prevent Respondent from practicing
Dentistry. Rather, record review is a supervised educational experience
designed by the Board to make Respondent aware of certain obligations to
Respondent s patients or clients, as well as to the profession, and to
ensure Respondent s continued compliance with the high standards of the
profession through interaction with another licensed, practicing Dentist in
the appropriate field of expertise. Any deviation from the requirements of
record review without prior written consent of the Board shall constitute a
violation of this Agreement and is grounds for discipline by the Board.
Respondent s record review shall be subject to the following terms and
conditions:
a
Appearance
Respondent shall appear before the Board at
the last meeting of the Board preceding termination of record
review and at such other times as requested by the Board.
b
Monitoring:
The monitoring of Respondent s practice shall
extend to all areas of Respondent s record keeping.
Respondent shall sign an agreement to have his records
reviewed by a Dentist who is fully licensed under Chapter 466,
Florida Statutes, and is approved by the Board. Before the
Board approves a monitor Respondent shall provide the
Page 6 Respondent InitialP
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
9/28
proposed monitor with a copy of the administrative complaint
filed in this case, and shall submit to the Board the proposed
monitor s curriculum vitae as well as a description of the
proposed monitor s current practice. Said materials shall be
received by the Board office no later than thirty (30) days after
entry of a Final Order adopting and incorporating the terms of
this Agreement. The monitor must practice within a reasonable
distance of Respondent s practice.The monitor s license to
practice under Chapter 466 shall be in good standing and
without restriction or limitation. The Board may reject any
proposed monitor on the basis that: the monitor has previously
been subject to disciplinary action against his or her license to
practice under Chapter 466 in the State of Florida, or any other
jurisdiction; is the subject of pending disciplinary action; does
not practice in sufficient geographic proximity to Respondent;
does not practice in the same or similar specialty area; in the
Board s opinion, lacks sufficient experience or expertise to
monitor Respondent; or has or had a relationship with
Respondent such that the position of record review monitor
age 7 Respondent Initial
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
10/28
may pose an actual or potential conflict of interest or may
compromise the monitor's objectivity. The Board may also
reject any proposed monitor for other good cause shown.
c.
Commencement of Record Review:
The record review
term begins only after the Board has approved Respondent's
record review m onitor.
d.
Responsibilities of Monitor: The responsibilities of
Respondent s monitor shall include:
1. The monitor shall select and review a random
sample
equal to a minimum of
twenty-five percent (25 ) of
Resp ondent s active patient or client records at least o nce
every four weeks for a period of six months, and
thereafter, at
the monitor s discretion, a minimum of
once per calendar qua rter.
ii. Discuss with Respondent, monitor's observations and
impressions of Respondent's records. As appropriate or
necessary, the monitor will offer suggestions, advice, and
guidance to Respondent.
Page 8 Respondent Initial A I
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
11/28
iii. Submit a quarterly report to the Board, in affidavit form,
at the conclusion of every quarter. Each report shall
include:
a.
Brief statement of why Respondent is subject
to record review; and
b.
Description of Respondent s practice (type
and composition); and
c.
Brief statement of Re sponden t s compliance
with terms of record review; and
d.
Brief description of Re sponden t s relationship
with the monitor; and
e.
Summary of dates that the monitor went to
Respondent s office or met with Respondent
and the location of the meeting; what
transpired during the meeting; number of
records reviewed if any; and overall quality
of records reviewed; and
f.
Description of issues addressed and topics
discussed with Responde nt, Respondent s
participation in d iscussion, and Responde nt s
progress or growth and improvement if any;
and
9.
Detail any problems or concerns that may
have arisen with Responden t.
Page 9 Respondent Initial
P k
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
12/28
iv. Provide a report to the Board of any violations by
Respondent of Chapter 456 or 466, Florida Statutes,
or the rules promulgated pursuant thereto.
v.
If the monitor reports that two (2) consecutive reports
are deemed insufficient to demonstrate appropriate
patient record documentation and/or billing accuracy,
then Respondent shall appear, upon receipt of written
notice, at the next scheduled Board meeting to
address the insufficiencies so reported. Unless excused
by the Board, insufficiencies not adequately explained
so as to show Respondent s compliance with
appropriate patient record documentation and billing
accuracy shall constitute a violation of the Board s
Final Order.
vi.
Appear with Respondent before the Board: at the last
meeting before record review concludes; and at such
other times as directed by the Board.
vii.
Notify the Board within ten (10) days of any changes
to monitor s address or contact information.
Page 10 Respondent Initial
f1\ 1
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
13/28
e. Responsibilities of Respondent
The responsibilities of
Resp onden t shall include:
1. Submit a quarterly report to the Board, in affidavit form,
at the conclusion of every quarter. Each report shall
include:
a.
rief statement of why Respondent is subject
to record review; and
Description of current practice (type and
composition) and location; and
c
rief statement of compliance with record
review terms; and
Description of relationship with monitor; and
e.
escription of specific issues addressed and
discussed with monitor as well as description
of concepts learned, progress and growth or
improvement if any; and
Description of any problems or concerns
ii.
Appear before the Board with record review monitor: at
the last meeting before record review concludes; and at
such other times as directed by the Board.
iii.
Discuss with monitor, monitor s observations and
impressions regarding practice, method, philosophy,
Page 1 I Respondent InitialM
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
14/28
techniques, strengths, weaknesses and areas of concern,
suggestions, and guidance.
iv.Ensure the attendance and appearance of Respondent s
monitor at all Board meetings required by the terms of
this Settlement Agreement or as directed by the Board.
Failure of Responden t or Responden t s monitor to appear
at the scheduled Board meeting, unless excused by the
Board, shall constitute a violation of the Board s Final
Order.
v.
Ensure monitor submits all required reports to the Board.
Failure of Respondent s monitor to submit a required
report, unless excused by the Board, shall constitute a
violation of the B oard s Final Order.
vi.
Cooperate fully with monitor to satisfy all terms of record
review, specifically including but not limited to: meet with
monitor, participate in discussions with monitor and make
records ava ilable to m onitor.
vii.Notify the Board within (10) ten days of any changes in
either Respondent s current residence and/or business
address and contact information.
Page 12 Respondent Initial
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
15/28
f
Costs
Respondent shall pay all costs related to the term of
record review and supervision thereof, as well as all costs
incident and necessary to demonstrate to the Board that
Respondent can practice with the required skill and
competence.
g
Compliance:
Respondent shall comply with all state statutes
and rules pertaining to the practice of Dentistry, specifically
including Chapters 456, and 466, Florida Statutes, and Rules of
the Board of Dentistry
h
Tolling:
In the event Respondent does not actively engage in
professional practice for a period of thirty (30) days or more, or
ceases the professional practice in the State of Florida,
Respondent s record review shall be tolled until such time as
Respondent returns to an active, professional practice in the
State of Florida, unless prior approval has been obtained from
the Board.
i
Termination:
The record review period shall be terminated
only by order of the oard upon proper petition by
Respondent, where the petition is supported by evidence of
Page 13 Respondent Initial(
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
16/28
compliance with the Final Order incorporating this Agreement.
More specifically, at the conclusion of Respondent s term of
record review, Respondent shall formally petition the Board to
terminate Respondent s record review and therein, request that
the matter be placed on the next agenda of the Board s
regularly scheduled meeting for consideration. Respondent s
license shall remain on record review until after such time as
Respondent makes Respondent s final appearance before the
Board as outlined above. During that appearance, the Board
will have the opportunity to question Respondent about
Respondent s experience and practice during the record review
period, make a determination regarding Respondent s
compliance with the terms of the final order incorporating this
Agreement, and decide whether Respondent s record review
should be terminated. The Board is hereby authorized to
either extend Respondent s record review or call a default
under the terms of this Agreement if the Board finds that
Respondent is unable or unwilling to ethically practice at an
acceptable level of skill and safety and with professionalism.
Page 14 Respondent Initial
p
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
17/28
7
PREPARATION OF A PUBLISHABLE ARTICLE:
Responden t shall prepare an article of publishable quality that shall be at
least two-thousand-five-hundred (2,500) words in length. The subject
matter of the article shall be the proper form of late entries made to the
dental record. This article shall be submitted to the Department of Health,
at the address specified in paragraph 3, no later than thirty (30) days of
the issuance of a Final O rder.
8
SERVICE AS A QUALIFIED MONITOR:
Respondent
understands that Respondent shall not himself serve as a qualified
monitor until Respondent has complied with all of the obligations imposed
by the Final Order adopting and incorporating this Agreement.
Fu rthermore , if Respondent is serving as a qua lified monitor, at the time
the Final O rder in this case is filed, Respondent shall provide written notice
of the Final Order and terminate all monitory relationships within one (1)
day of the filing of the Final O rder.
9
VIOLATION OF TERMS:
It is expressly understood that
violating any of the terms of this Agreem ent shall be considered a violation
of a Final O rder of the Board, for which disciplinary action may be initiated
pursuant to Chapters 456 and 466 , Florida Statutes.
Page 15 Respondent Initial
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
18/28
10
SETTLEMENT AGREEMENT SUBJECT TO BOARD
APPROVAL
It is expressly understood that this Agreement is subject to
approval by the Board and has no force or effect until the Board adopts
incorporates or bases an Order properly filed upon it.
11
BOARD REVIEW NONPREJUDICIAL TO FURTHER
PROCEEDINGS:
Respondent executes this Agreement for the purpose of
avoiding further administrative action with respect to this particular case.
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 this 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 the Board
not accept this Agreement the parties agree that the presentation 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
12
ADDITIONAL PROCEEDINGS:
espondent and the
Page 16 Respondent Initial
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
19/28
Department of Health fully understand that this Agreement and
subsequent Final Order incorporating same, will in no way preclude
additional proceedings by the Board and/or Department of Health against
the Respondent for acts or omissions not specifically set forth in the
Administrative Complaint, attached hereto as Exhibit A, filed in this cause.
13
WAIVER OF ATTORNEY FEES:
Respondent waives the right
to seek attorney fees and/or costs from the Department of Health in
connection with this disciplinary proceeding.
14
WAIVER OF JUDICIAL REVIEW AND CHALLENGE:
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 this
Agreement and the Final Order of the Board incorporating said Agreement.
By execution of this Agreement, the parties request the Board enter
a Final Order accepting and implementing the terms contained herein.
SIGNE this
S day of
e Lc-) v-/ e.
013.
r)
Michael Addair Tarver, D.M.D.
Case Nos. 2013-09493 &
2013-12498
Page 17 Respondent Initial
\
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
20/28
STATE OF FLORIDA
COUNTY OF Mori
)
Before me personally appeared Michael Addair Tarver, whose identity
is known to me by
X
personal knowledge or by presentation of
as identification type of identification), and who
acknowledges that their signature appears above. Sworn to or affirmed
efore me this
a of
cTe 11
2 0
2013.
tee
-Q1)1 c
Notary Public
y Commission Expires
APPRO VED this
day of
2013.
John H. Armstrong, MD, FACS
State Surgeon General and Secretary of Health
R. Shaffer Claridge
Florida Bar Number 0095549
Assistant General Counsel
Department of Health
Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
850) 245-4444 voice
850) 245-4662 FAX
Page 18 Respondent Initial
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
21/28
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v
ASE NOS. 2013-12498
2013-09493
MICHAEL ADDAIR TARVER, D.M.D.,
RESPONDENT.
ADMINISTRATIVE COMPLAINT
Petitioner Departme nt of Health files this Adm inistrative Com plaint
before the Board of Dentistry against Respo ndent M ichael Addair Tarver,
D.M.D., and in su pport thereof alleges:
1.
Petitioner is the state agenc y c harged w ith regulating the practice
of dentistry pursuant to Section 20.43, Florida Statutes 2011-2012);
Chapter 456, Florida Statutes 2011-2012); and Chapter 466, Florida
Statutes 2011-2012).
2.
At all times m aterial to this complaint, Respon dent w as licensed to
practice as a dentist in the State of Florida, pursuant to Chapter 466,
Florida Statutes 2011-2012), and was a Board C ertified Pediatric Dentist.
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
22/28
3.
At all times material to this complaint, Respondent owned and
operated Polliwog Dental ( Polliwog ), doing business at 225 SE 17th
Street, Ocala, Florida 34471. The dentists at Polliwog practice pediatric
dentistry.
Facts Spe cific to R.R.
4.
On or about April 17, 2012, R.R., a four-year-old female patient,
presented to Polliwog for a tooth extraction. Respondent sedated R.R.
with Demerol prior to the procedure.
5.
Demerol is the brand name for meperidine and is prescribed to
treat pain. According to Section 893.03(2), Florida Statutes (2011-2012),
meperidine is a Schedule II controlled substance that has a high potential
for abuse and has a currently accepted but severely restricted medical use
in treatment in the United States. Abuse of meperidine may lead to severe
psychological or physical dependence.
6.
During the procedure, Polliwog staff members noted that R.R. had
stopped breathing and had turned blue. Respondent administered Narcan
to reverse the sedation and ordered a dental technician to retrieve a
resuscitation ba g from the crash cart.
DOH v. Michael Addair Tarver, D.M.D.
2
OH Case Numbers 2013-09493 2013-12498
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
23/28
7.
Narcan is the brand name for naloxone, a drug commonly used to
counter the effects of opiate overdose. While naloxone is a legend drug, it
is not a controlled substance under Section 893.03, Florida Statutes (2011-
2012).
8.
Respondent administered breaths using the resuscitation bag, and
after a short time R.R. resumed breathing. Respondent recorded the
incident in the patient record as a period of brief apnea.
9.
Respondent instructed Polliwog staff members to make no
mention of the incident and admonished them that he would terminate and
sue any staff member who mentioned the incident. No one informed R.R.'s
parents that R.R. had stopped breathing and had been resuscitated.
Facts Specific to A.R.
10.
On or about June 4, 2013, Respondent performed a dental
procedure on A.R., a four-year-old female patient. A.R.'s mother verbally
consented to local anesthesia only. Respondent placed A.R. under
conscious sedation for the procedure.
11.
At the conclusion of the procedure, A.R. had lacerations on her
cheek and inside her mouth. A.R. also had bruises on her neck and
shoulders and had urinated on herself.
DOH v. Michael Addair
Tarver, D.M.D.
DOH Case Numbers 2013-09493 & 2013-12498
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
24/28
Alteration of Me dical Records
12.
On or about July 31, 2013, a Department investigator presented to
Polliwog with a subpoena in order to obtain medical records. Polliwog staff
told the investigator that Respondent was out of the office. After
consulting with Respondent telephonically, Polliwog staff complied with the
Department's subpoena a nd provided the requested patient records.
13.
Several hours after the records request, Respondent logged into
his clinic's patient records database. Respondent altered several patient
records, including records for R.R. and A.R. Respondent made no
indication in the patient records that the records had been altered and
provided no justification for altering the records.
COUNT ONE
14.
Petitioner realleges and incorporates by reference paragraphs one
(1) through thirteen (13) as if fully set forth herein.
15.
Section 466.028(1)(l), Florida Statutes (2011-2012), subjects a
dentist to discipline for qmlaking deceptive, untrue, or fraudulent
representations in or related to the practice of dentistry.
DOH v. Michael Addair Tarver, D.M.D.
DOH Case Numbers 2013-09493 2013-12498
4
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
25/28
16.
Respondent made deceptive, untrue, or fraudulent representations
related to the practice of dentistry when he retroactively altered medical
records without properly identifying them as late entries.
17.
Based on the foregoing, Respondent violated Section
466.028 1 ) 1), Florida Statutes 2011-201 2) by making deceptive, untrue or
fraudulent representations in the practice of dentistry.
COUNT TWO
18.
Petitioner realleges and incorporates by reference paragraphs one
(1) through thirteen (13) as if fully set forth herein.
19.
Section 466.028(1)(m), Florida Statutes (2011-2012) subjects a
dentist to discipline for [flailing to keep written dental records and medical
history records justifying the course of treatment of the patient...
20.
Respondent failed to keep appropriate dental records when he
retroactively altered medical records without properly identifying them as
late entries.
21.
Based on the foregoing, Respondent violated Section
466.028(1)(1), Florida Statutes (2011-2012) by failing to keep written
dental records justifying the course of the treatment of patients.
DOH v. Michae l Adda ir Tamer, D .M.D.
Jr
OH Case Num bers 2013-09493 2013-12498
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
26/28
COUNT THREE
22.
Petitioner realleges and incorporates by reference pa ragraphs on e
(1) throu gh th irteen (13) as if fully set forth he rein.
23.
Section 466 .028(1)(mm ), Florida Statutes (2011-2012), subjects a
dentist to discipline for Dd ioSating any provision of this chapter or chapter
456, or any rules ado pted pu rsuant thereto.
24.
Section 456.072 1) r), Florida Statutes 2011-2012), subjects a
l icensee to discipline for Dim prope rly interfering with an investigation or
inspection authorized b y statute, or with any disciplinary procee ding.
25.
Respondent improperly interfered with an investigation or
inspect ion author ized by statute wh en he retroact ively a l tered med ical
records after learning that the Department was seeking those records
under subpoena.
26.
Based on the foregoing, Respondent violated Section
466.028 1) mm), Florida Statutes 2011-2012), by violating Section
456.072(1)(r), Florida Statutes (2011-2012) by im prop erly interfering w ith
an investigation or inspection au thorized by statute.
WHEREFORE, Petitioner respectfully requests that the Board of
Den tistry enter an order imposing one or more o f the fol lowing penalt ies:
DOH v. Michael Addair Tarver, D.M.D.
DOH Case N umbers 2013-09493 & 2013-12498
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
27/28
perma nent revocation or susp ension of R esponde nt's license, restriction of
practice, im pos ition of an adm inistrat ive fine, issuanc e of a reprim and ,
placem ent of Respon dent on probation, corrective action, refund of fees
billed or collected, remedial education and/or any other relief that the
Board d eems appropriate.
SIGNED this
S
day of
2013
FILED
DEPARTMENT OF HEALTH
DEPUTY CLERK
CLERK
ngelSanders
DATE
REP
s 2013
John H. Arm strong, MD, FACS
State Surgeon General and
Secretary of Health
R. Shaffer Claridge, Esq.
Florida Bar No. 00 95549
Assistant General Counsel
Prosecu tion Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, Flor ida 3 2 399-32 65
(P) 850-2 45-4444, extension 81 66
F) 850-245-4662
PCP: September 23 , 20 13
PCP Mem bers: Dr. Melzer, Dr. Morgan Dr. Perdom o
DOH v. Michael Adda ir Tarver, D.M.D.
DOH Case Numbers 201 3-09493 201 .3-12498
-
8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013
28/28
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.
NOTICE REGARDING ASS SSMENT OF OSTS
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. Michae l Add.* Tarver, D.M.D.
DO H Case Numbers 2013-09493 2013-L2498