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Department ealth ty Agency Clerk Final Order No. DOH-13-0501- 6 -MQA FILED DATE _MAR 1 1 2013 STATE OF FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, Petitioner, VS. Case No.: 2010-21138 License No.: DN 13667 DANA CUCULICI, DMD, Respondent. FINAL ORDER ADOPTING SETTLEMENT AGREEMENT This matter appeared before the Board of Dentistry at a duly-noticed public meeting on February 22, 2013, in Tampa, 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 Randolph Collette, Esquire. Upon consideration of the Settlement Agreement, the documents submitted in support thereof, the arguments of the parties and otherwise being advised in the premises, it is hereby ORDERED AND ADJUDGED that the 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 Settlement Agreement. Costs are assessed in the amount of $6,728.73. This Final Order shall take effect upon being filed with the Clerk of the Department of Health. DONE AND ORDERED this /7 day of MARCH , 2013. BOARD OF DENTISTRY Sue Foster Executive Director on behalf of Daniel Gesek, DMD, CHAIR

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Page 1: STATE OF FLORIDA BOARD OF DENTISTRY - · PDF filedentist in the State of Florida, ... Suite 100, Tampa, FL 33624. 3. Respondent was charged by an Administrative Complaint with violating

Department ealth

ty Agency Clerk

Final Order No. DOH-13-0501- 6 -MQA

FILED DATE _MAR 1 1 2013

STATE OF FLORIDA BOARD OF DENTISTRY

DEPARTMENT OF HEALTH, Petitioner,

VS. Case No.: 2010-21138 License No.: DN 13667

DANA CUCULICI, DMD, Respondent.

FINAL ORDER ADOPTING SETTLEMENT AGREEMENT

This matter appeared before the Board of Dentistry at a duly-noticed public meeting on February

22, 2013, in Tampa, 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 Randolph Collette, Esquire. Upon consideration of the Settlement Agreement,

the documents submitted in support thereof, the arguments of the parties and otherwise being

advised in the premises, it is hereby

ORDERED AND ADJUDGED that the 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 Settlement Agreement. Costs are assessed in the

amount of $6,728.73. This Final Order shall take effect upon being filed with the Clerk of the

Department of Health.

DONE AND ORDERED this /7 day of MARCH , 2013.

BOARD OF DENTISTRY

Sue Foster Executive Director on behalf of Daniel Gesek, DMD, CHAIR

Page 2: STATE OF FLORIDA BOARD OF DENTISTRY - · PDF filedentist in the State of Florida, ... Suite 100, Tampa, FL 33624. 3. Respondent was charged by an Administrative Complaint with violating

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic mail to Dana Cuculici, DMD, do Randolph Collette, Esquire, R( ollertc a t bed ociors.c(mi; David D. Flynn, Assistant Attorney General, day id.li fin ir 1,1‘ Iloridalc4tal.coin ; and Adrienne Rodgers, Assistant General Counsel, Department of Health, karieniic (1011,st:1c.11.11. this 1t day of MARCH, 2013.

atAriced,

Deputy Agency Clerk

Page 3: STATE OF FLORIDA BOARD OF DENTISTRY - · PDF filedentist in the State of Florida, ... Suite 100, Tampa, FL 33624. 3. Respondent was charged by an Administrative Complaint with violating

a STATE OF FLORIDA BOARD OF DENTISTRY

DEPARTMENT OF HEALTH,

Petitioner,

v. CASE NO. 2010-21138

DANA CUCULICI, D.M.D.,

Respondent.

SETTLEMENT AGREEMENT

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")1 as disposition of the Administrative Complaint, 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 initialW

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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 13667.

2. Respondent's address of record is 4917 Ehrlich Road, Suite 100,

Tampa, FL 33624.

3. Respondent was charged by an Administrative Complaint with

violating Chapter 466.028, Florida Statutes. The Administrative Complaint

was filed by the Department of Health (hereinafter "Department") and

properly served upon Respondent.

4. Respondent neither admits nor denies the factual allegations in

the Administrative Complaint and is entering into this Settlement

Agreement for the purpose of settlement in these administrative

proceedings only.

STIPULATED LAW

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 Board.

Page 2 Respondent Initial cp

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2. Respondent admits that the stipulated facts, if proven true,

constitute violations of Florida laws as alleged in the Administrative

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.

2. DISCIPLINE: Respondent's license shall receive a Letter of

Concern.

3. FINE: The Board shall impose an administrative fine of six

thousand dollars ($6,000) 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 eighteen months of the filing of the Final Order issued in this matter.

Respondent shall send payment(s) to: Florida Department of Health,

Page 3 Respondent Initlarp

Page 6: STATE OF FLORIDA BOARD OF DENTISTRY - · PDF filedentist in the State of Florida, ... Suite 100, Tampa, FL 33624. 3. Respondent was charged by an Administrative Complaint with violating

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. Actual costs will be determined at the time this

Settlement Agreement is presented to the Board, but shall not exceed

$6,728.73, if this Agreement is accepted no later than December 7,

2012. Respondent shall pay all costs by either cashiers check or money

order made payable to the Board of Dentistry within eighteen (18) months

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.

5. CONTINUING EDUCATION: Within eighteen (18) months of

the filing of the Final Order adopting and incorporating this Agreement,

Respondent shall successfully complete a minimum of three to six (3-6)

hours of continuing education in the subject[s] of: diagnosis and

treatment, and crown & bridge to be taken in person at or through an

accredited college of dentistry; and Respondent shall successfully complete

a minimum of three to six (3-6) hours of continuing education in the

subject[s] of: record keeping, and ethics to be taken at or through an

accredited college of dentistry or Board-approved course provider whose

Page 4 Respondent Initial:7D C-

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course is specifically approved to satisfy the final order, unless another

subject area is designated by the Board. These continuing education hours

shall be in addition to the continuing education hours normally required for

renewal of Respondents license. Home study courses will not be accepted

to satisfy this condition, Upon completion of the course, Respondent shall

provide documentation to the Board verifying of successful completion and

documentation of course content shall be submitted to the Compliance

Officer at the address referenced in paragraph three (3). Should

Respondent be unable to demonstrate the level of competency

recommended by failing to achieve competency within the assigned

level, Respondent shall be restricted from performing those dental

procedures until remediation is completed.

6. PATIENT REIMBURSEMENT: Respondent shall refund to

the patient(s), identified by his/her initials in the Administrative

Complaint, the amount of the "out-of-pocket" fees and costs that

the patient(s) paid to the Respondent. Also, the Respondent shall refund to

any third party payor, if applicable, the amount paid on behalf of the

patient(s) identified herein for the treatment that the Respondent provided in

this cause. Proof of payment must be made available to the Department's

prosecuting attorney prior to presenting this settlement to the Board of

Page 5 Respondent Initial(.0C

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Dentistry.

7. LAWS & RULES EXAM: Respondent shall thoroughly review,

study and possess a clear understanding of the laws and rules governing

the practice of Dentistry in the State of Florida, specifically including but

not limited to: chapters 456 and 466, Florida Statutes, and the Rules of the

Board of Dentistry. Within twelve (12) months of the filing of the Final

Order adopting and incorporating this Agreement, Respondent shall pass

the Laws & Rules Examination governing the practice of dentistry in the

State of Florida.

8. SERVICE AS A QUALIFIED MONITOR: Respondent

understands that Respondent shall not him/herself serve as a "qualified

monitor" until Respondent has complied with all of the obligations imposed

by the Final Order adopting and incorporating this Agreement.

Furthermore, if Respondent is serving as a "qualified monitor," at the time

the Final Order 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 Order.

9. VIOLATION OF TERMS: It is expressly understood that

Page 6 Respondent InftlaITC,

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violating any of the terms of this Agreement shall be considered a violation

of a Final Order of the Board, for which disciplinary action may be initiated

pursuant to Chapters 456 and 466, Florida Statutes.

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

Page 7 Respondent Initia0C

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members from further participation, consideration or resolution of these

proceedings.

12. ADDITIONAL PROCEEDINGS: Respondent and the

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.

WHEREFORE, the parties hereby request the Board to enter a Final

Order accepting and implementing the terms contained herein.

SIGNED this a21 day of it/ , 2012.

Page 8 Respondent Initial TC

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My Commission Expires

(7,1 2012.

John H. Armstrong, MD State Surgeon Gener and

Jeff G. Peters Florida Bar Number 718343 Assistant General Counsel Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850) 245-4640 voice (850) 245-4683 FAX 3GP

etary of Heait

-4A ce.d.Q Dana Cuculici, D.M.D. Case No. 2010-21138

STATE OF FLORIDA COUNTY OF '

Before me personally appeared

whose identity is known to me by personal knowledge or by presentation of as identification (type of

identification), and who acknowledges that their signature appears above. Sworn to or affirm or- me this D. of

2012.

No ary Public ,

APPROVED this 17 day of

Page 9 Respondent Initial.

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STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PETITIONER,

v.

DANA B. CUCULICI, D.M.D.

RESPONDENT. /

CASE NO. 2010-21138

ADMINISTRATIVE COMPLAINT

COMES NOW Petitioner, Department of Health, by and

through its undersigned counsel, and files this Administrative

Complaint before the Board of Dentistry against the Respondent,

Dana B. Cuculici, D.M.D., and in support thereof alleges:

1. Petitioner is the state department charged with regulating

the practice of Dentistry pursuant to Section 20.43, Florida Statutes;

Chapter 456, Florida Statutes; and Chapter 466, Florida Statutes.

2. At all times material to this Complaint, Respondent was a

licensed dentist within the State of Florida and was issued license

number DN 13667.

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3. Respondent's address of record is 4917 Ehrlich Road,

Suite 100, Tampa, Florida 33624.

4. Respondent provided treatment to Patient T.G., Patient

T.G. is also known as Patient P.G., from on or about February 21,

2006, through on or about October 8, 2009,

5. On or about February 21, 2006, Patient T.G. presented as

a new patient to Respondent's practice. This was a consultation visit

concerning the overall appearance of Patient T.G.'s teeth. The

treatment notes documented that an estimate was given to Patient

T.G.

6. On or about February 22, 2006, Patient T.G. returned to

Respondent. The Respondent performed a new patient exam and a

FMX (full mouth series of radiographs) was exposed. The electronic

treatment notes documented a perio (periodontal) charting was

completed, and that no pockets were noted. There was no

documentation of the perio exam in the treatment records. There

was no documentation of a Medical History, charting of existing

conditions or complete soft tissue exam. An oral cancer check was

not performed/noted. The Respondent's treatment records did not

2

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contain a complete Treatment Plan. After an examination, the dentist

should formulate a comprehensive treatment plan with alternatives and

present the patient with the treatment plan to ensure full informed

consent. The Respondent failed to perform an adequate initial clinical

evaluation of Patient T.G. before initiating dental treatment. The

prevailing standard of care requires Respondent to complete a

comprehensive examination and adequately document the results in

the treatment notes. Respondent failed to meet these minimum

standards.

7. On or about February 28, 2006, Patient T.G. returned to

Respondent. The Respondent performed crown preps on teeth

numbers 23, 24, 25 and 26. Respondent failed to document in the

treatment notes any details about the temporaries. The Respondent

failed to adequately document the dental treatment that was

provided to Patient T.G. There is insufficient documentation for this

appointment to satisfy the recordkeeping requirement.

8. On or about April 6, 2006, Patient T.G. returned to the

Respondent. Respondent documented in the treatment notes that he

seated crowns on Patient T.G.'s teeth numbers 22 and 27. The

minimum standards of performance in diagnosis and treatment when

3

Page 15: STATE OF FLORIDA BOARD OF DENTISTRY - · PDF filedentist in the State of Florida, ... Suite 100, Tampa, FL 33624. 3. Respondent was charged by an Administrative Complaint with violating

measured against generally prevailing peer performance requires a

dentist who permanently seats and places crowns to properly prep

the teeth being restored, and to properly make, seat and fit crown

restorations without open margins to prevent further recurrent decay

underneath the crown. Further, the dentist must check the margins

carefully to ensure that there are no open margins on the date that

they are permanently cemented, and must recognize and retreat any

and all open margins on that date or immediately treatment plan re-

treatment. Respondent failed to meet this minimum standard.

9. On or about April 12, 2006, Patient T.G. returned to the

Respondent. Respondent's treatment notes documented that a

bridge comprised of teeth numbers 11-14 was started, replacing

tooth number 13. Respondent's treatment notes document a build-

up of tooth number 14 was completed with a final impression. The

Respondent failed to document any details about the crown preps

for teeth numbers 11 and 14 and/or temporary restorations. A

treating dentist is required to keep written dental records justifying the

course of treatment of the patient. Respondent failed to meet this

standard.

4

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10. On or about May 1, 2006, Patient T.G. returned to the

Respondent. Respondent's treatment notes documented that teeth

numbers 21 and 28 were prepped for crowns. Respondent seated a

bridge for teeth numbers 11 through 14. The minimum standards of

performance in diagnosis and treatment when measured against

generally prevailing peer performance requires a dentist who

permanently seats and places crowns to properly prep the teeth

being restored, and to properly make, seat and fit crown

restorations without open margins to prevent further recurrent decay

underneath the crown. Further, the dentist must check the margins

carefully to ensure that there are no open margins on the date that

they are permanently cemented, and must recognize and retreat any

and all open margins on that date or immediately treatment plan re-

treatment.The Respondent failed to meet this standard.

11. On or about May 11, 2006, Patient T.G. presented back to

Respondent. Respondent's treatment notes documented "redo lower

crowns X 8." Respondent failed to document in the treatment notes

any details about why the "redo" was needed and failed to document

what teeth were involved. The Respondent failed to adequately

5

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document the dental treatment that was provided to Patient T.G.

There is insufficient documentation for this appointment to satisfy the

recordkeeping requirement.

12. Patient T.G. was charged for dental treatment that may

have taken place on or about May 16, 2006. Patient T.G. was charged

for lumineers on teeth numbers 5, 6, 7, 8, 9, and 10. Respondent

failed to document in the treatment notes any details about the

lumineers. There is no documentation of any type of preparations or

impressions. The Respondent failed to adequately document the

dental treatment that was provided to Patient T.G. There is

insufficient documentation for this appointment to satisfy the

recordkeeping requirement.

13. On or about June 7, 2006, Patient T.G. presented back to

Respondent. The treatment notes documented that crowns were

seated on teeth numbers 22 through 27 and lumineers were placed

on teeth numbers 5 through 10. The minimum standards of

performance in diagnosis and treatment when measured against

generally prevailing peer performance requires a dentist who

permanently seats and places crowns to properly prep the teeth

being restored, and to properly make, seat and fit crown

6

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restorations without open margins to prevent further recurrent decay

underneath the crown. Further, the dentist must check the margins

carefully to ensure that there are no open margins on the date that

they are permanently cemented, and must recognize and retreat any

and all open margins on that date or immediately treatment plan re-

treatment. The Respondent failed to meet this standard.

14. On or about June 13, 2006, Patient T.G. presented back to

Respondent. The treatment notes documented that Patient T.G.'s

lumineers were adjusted and polished. There is no documentation of

any diagnosis or justification for this dental treatment. The

Respondent failed to adequately document the dental treatment that

was provided to Patient T.G. There is insufficient documentation for

this appointment to satisfy the recordkeeping requirement.

15. On or about July 13, 2006, Patient T.G. presented back to

Respondent. Respondent's treatment notes documented that crowns

were seated and the lumineers were polished. The Respondent failed

to expose any radiographs to check the marginal integrity of the

crowns. The minimum standards of performance in diagnosis and

treatment when measured against generally prevailing peer

performance requires a dentist who permanently seats and places

7

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crowns to properly prep the teeth being restored, and to properly

make, seat and fit crown restorations without open margins to

prevent further recurrent decay underneath the crown. Further, the

dentist must check the margins carefully to ensure that there are no

open margins on the date that they are permanently cemented, and

must recognize and retreat any and all open margins on that date or

immediately treatment plan re-treatment. The Respondent failed to

meet this standard.

16. On or about September 18, 2007, Patient T.G. presented

back to Respondent. Respondent's treatment notes documented that

tooth number 10 needed a three surface resin restoration, and tooth

number 3 needed the restoration replaced (that Respondent had placed

on or about March 14, 2006). There is documentation that the

lumineers for teeth numbers 5, 6, 7, 8, 9 and 10 were delivered. There

is no documentation concerning the removal of the existing veneers or

impressions, for replacement. The Respondent failed to adequately

document the dental treatment that was provided to Patient T.G.

There is insufficient documentation for this appointment to satisfy the

recordkeeping requirement.

8

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17. On or about October 25, 2006, Respondent's treatment

notes documented that Patient T.G. felt the lumineers weren't shiny

enough. This treatment note also documented for the first time that

gingival inflammation is present, especially in the mandibular

anteriors.

18. On or about October 27, 2008, Patient T.G. presented

back to Respondent. The treatment notes documented that the

lumineer on tooth number 5 was removed and a new lumineer was

recemented. No other details concerning the dental treatment are

documented. The Respondent failed to adequately document the

dental treatment that was provided to Patient T.G. There is

insufficient documentation for this appointment to satisfy the

recordkeeping requirement.

19. Patient T.G. saw two periodontists, Dr. Rasmussen and Dr.

Johnson. Both periodontists documented periodontal complications

from both the mandibular anterior crowns due to marginal fit and

facial contour. Three general dentists agreed with this assessment.

Dr. Wise, Dr. Holbrook, and Dr. Muenchinger agreed with the

assessment by the periodontists. Dr. Muenchinger also documented

occlusal issues with Patient T.G.'s posterior teeth.

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20. The final crowns Respondent fabricated/seated at Patient

T.G.'s teeth numbers 22 through 27, fit poorly with unacceptable

margins (poor marginal integrity). The crowns on teeth numbers 21

and 28 had unacceptable distal contacts that led to food impaction.

Radiographs revealed radiolucencies suggestive of caries (cavities)

on teeth numbers 4, 5, 8 and 9.

21. The minimum standards of dental performance require a

dentist who seats and places crowns to properly make, seat and fit

crown restorations without open margins to prevent further

recurrent decay and/or other post-op problems underneath or at

gum tissue surrounding the crowns. A dentist permanently seating

crowns should adequately detect any malocclusion of the crowns, as

well as detect poor fit/marginal discrepancies prior to, and/or post-

seating of the crowns with adequate clinical and/or radiographic

exam. Any malocclusion, particularly affecting bite/contact, and/or

marginal discrepancies in a permanently seated crown should be

addressed and remedied by the treating dentist, after the patient is

informed of the problem. The Respondent failed to meet these

standards.

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COUNT I: STANDARD OF CARE

22. Petitioner re-alleges and incorporates paragraphs one (1)

through twenty-one (21) as if fully set forth herein.

23. Section 466.028(1)(x), Florida Statutes (2006-2008),

provides that "[b]eing guilty of incompetence or negligence by failing to

meet the minimum standards of performance in diagnosis and

treatment when measured against generally prevailing peer

performance, including, but not limited to, the undertaking of diagnosis

and treatment for which the dentist is not qualified by training or

experience or being guilty of dental malpractice[,]" shall constitute

grounds for disciplinary action by the Board of Dentistry.

24. The Respondent failed to meet the minimum standards of

performance in the diagnosis and treatment of Patient T.G. when

measured against generally prevailing peer performance, in one or

more of the following ways:

a) Respondent performed defective crown restoration treatment on mandibular anterior crowns teeth numbers 22 through 27, in Patient T.G.'s mouth on or about June 7, 2006, with the final restoration permanently seated by Respondent exhibiting poor marginal integrity, and/or poor fit;

11

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b) Respondent performed defective crown restoration treatment on teeth numbers 21 and 28, in Patient T.G.'s mouth on or about June 7, 2006, leaving unacceptable distal contacts that led to food impaction;

c) Respondent provided insufficient periodontal care for Patient T.G. including, but not limited to, a failure to perform a complete periodontal charting; and/or

d) Respondent placed veneers on teeth numbers 4, 5, 8 and 9, but failed to diagnose and/or adequately treat the caries present in those same teeth, in Patient T.G's mouth on or about September 18, 2007.

25. Based upon the foregoing, Respondent's license to

practice dentistry in the State of Florida is subject to discipline

pursuant to Section 466.028(1)(x), Florida Statutes, for being guilty

of incompetence or negligence by failing to meet the minimum

standards of performance in diagnosis and treatment when

measured against generally prevailing peer performance, including,

but not limited to, the undertaking of diagnosis and treatment for

which the dentist is not qualified by training or experience or being

guilty of dental malpractice.

12

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COUNT II: DEFICIENT RECORDKEEPING

26. Petitioner re-alleges and incorporates paragraphs one (1)

through twenty-one (21) as if fully set forth herein.

27. Section 466.028(1)(m), Florida Statutes (2006-2008),

provides that failing to keep written dental records and medical

history records justifying the course of treatment of the patient

including, but not limited to, patient histories, examination results,

test results, and X rays, if taken, constitutes grounds for disciplinary

action by the Board of Dentistry.

28. Rule 64B5-17.002(b), Florida Administrative Code,

provides that for the purpose of implementing the provisions of

Section 466.028(1) (m), Florida Statutes, a dentist shall maintain

written records on each patient which written records shall inter

contain the results of clinical examination of the patient and tests

conducted, including the identification, or lack thereof, of any oral

pathology or diseases, treatment plan proposed, and actual

treatment rendered to a patient.

29. Respondent failed to keep written dental records and

medical history records justifying the course of treatment of Patient

T.G. in one or more of the following ways:

13

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a) By failing, on or about February 22, 2006, to adequately document Patient T.G.'s presenting conditions. An examination was completed, but was not adequately documented. There was no charting of existing conditions or complete soft tissue exam, no documented Periodontal Evaluation, periodontal pocket probings or periodontal diagnosis, and no evidence of a medical history;

b) By failing, on or about February 28, 2006, to adequately document details about the temporaries during the course of dental treatment;

c) By failing to document a comprehensive treatment plan being provided to Patient T.G., during the course of treatment;

d) By failing, on or about September 18, 2007, to adequately document anything regarding the removal of Patient T.G.'s existing veneers or impressions for replacement; and/or

e) By failing to take and/or maintain adequate diagnostic comprehensive radiographs, necessary to justify the course of treatment.

30. Based on the foregoing, Respondent has violated Section

466.028(1) (m), Florida Statutes (2006-2008)1 including but not

limited to Rule 64B5-17.002(b), by failing to keep written dental

records and medical history records justifying the course of treatment

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H. Frank Farmer, Jr., M. State Surgeon General

D., Ph.D., F.A.C.P.

of Patient T.G., and Rule 64B5-14.010, failing to keep records

required when pediatric conscious sedation is administered.

WHEREFORE, Petitioner respectfully requests that the Board of

Dentistry enter an order imposing one or more of the following

penalties: permanent revocation or suspension of practice, restriction of

practice, imposition of an administrative fine, issuance of a reprimand,

placement of Respondent on probation, corrective action, refund of fees

billed or collected, remedial education and/or any other relief that the

Board deems appropriate.

SIGNED thisq-f-/ day of

2012.

Jeff G. Peters Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar # 718343 850.245.4640 FAX: 850.245.4683

PCP: 02-17-12 PCP Members: JTM, CM, & FG

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FILED DEPARTMENT OF HEALTH

DEPUTY CLERK

CLERK Angel Sanders DATE FEB 2 4 2012