================================================================= AGENCY FINAL ORDER

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STATE OF FLORIDA

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

BOARD OF DENTISTRY

FLORIDA STATE BOARD OF DENTISTRY

vs. CASE NO. 75-236

MELVIN J. HELLINGER, D.M.D.

/

ORDER

This matter came to be considered by the Florida State Board of Dentistry on July 10, 1976, in Gainesville, Florida,, upon the Board's Notice of Hearing dated June 17, 1976, Respondent's Response to Allegations of Misconduct and Miscellaneous Motions dated June 22, 1976, the Board's Supplemental Notice dated June 28, 1976, the Answer filed on behalf of the Board dated June 29, 1976 which includes a witness list and a more definite statement of the allegations being considered by the Board as had been requested by Respondent, and the Board having considered these matters as well as argument of counsel and having heard testimony and examined documents introduced into evidence, the Board hereby makes the following findings of fact and conclusions of law:

FINDINGS OF FACT

1. On April 20-D 176, the issued a Stay Order on the express condition that Dr. Hellinger agree to, and submit himself to peer review of his dental practice, submit monthly probation reports to the Board, and with the express understanding that failure to file said monthly reports or the discovery of any evidence of a violation of Ch. 466, F.S. which discovery occurs or is confirmed by the Board during the term of said stay, shall be grounds for the immediate dissolution of said stay. All parties expressly understood and agreed to the conditions of the stay issued by the Board on April 20, 1976.

2. Subsequent to the issuance of said stay the Board conducted an investigation into a complaint involving Dr. Hellinger's treatment of his patient, Mrs. Maureen Wyrick, which treatment occurred on or about August 1, 1975, to August 9, 1975.

   
   

3. On August 1, 1975, Maureen Wyrick was a patient of Dr. Melvin Hellinger and was to have four wisdom teeth extracted by Dr. Hellinger. while Mrs. Wyrick was asleep during the extractions, Dr. Hellinger performed a surgical root canal to the maxillary left second molar. The testimony presented does: not substantiate that this root canal was totally unauthorized. In performing this root canal, based upon the evidence and expert testimony heard by the Board, as well as the experience and expertise of the Board, it is expressly found that Dr. Hellinger's method of treatment for this patient, Maureen Wyrick, wad inconsistent with true generally accepted standards of the dental profession because root canal surgery in this case was not necessary. In addition, in performing this unnecessary procedure, Dr. Hellinger failed to meet accepted standards in the profession since the roots were surgically shortened more than necessary, sealing of the roots was not proper, the roots were improperly cleaned and filled, decay was left in the tooth, and! as a result of this treatment the tooth was permanently damaged. Further, during the course of this procedure it is evident that Dr. Hellinger gave a second injection of anesthesia in the left arm of Mrs. Wyrick and that due to this injection the patient developed phlebitis, although the presence of phlebitis doe not, in itself, evidence a violation of Chapter 466, F.S.

   
   

   CONCLUSIONS OF LAW

   
   

4. The matter is properly before the Board for consideration of modification or removal of the Stay issued by the Board on April 20, 1976, pursuant to Ch. 466, F.S., and and Section 120.68 and 286.011, F.S. Section 120.68, F.S., specifically authorizes an administrative agency, such as the Board, to grant a stay of a final order issued by said agency upon appropriate conditions. whenever a condition imposed by said agency in the granting of a stay is violated, and when it is Expressly understood by all parties at the time of granting each a stay that failure to comply with conditions shall be grounds for immediate dissolution of a stay, then the agency may properly consider the modification or removal of said stay pursuant to 120.68, F.S.

   
   

5. The public health, safety and welfare demands immediate attention by the Board to those matters which constitute a

   violation of the terms or conditions of a stay granted by the Board.

   
   

6. Based upon the evidence and argument presented, the Board finds that Dr. Hellinger's treatment of his patient, Mrs. Maureen Wyrick, on or about August 1, 1975 to August 9, 1975, does constitute a violation of 466.24(2),(3)(c), F.S.

   
   

   Now therefore it is hereby ordered and adjudged that:

   
   

7. Respondent's request for a continuance of these proceedings is denied.

   
   

8. Respondent has already been provided, on June 29, 1976, with a list of witnesses and more definite statement as requested by him on June 22, 1976.

3. Respondent's request for the appointment of a hearing officer is denied since this proceeding for the modification or removal of a stay is governed by Section 120.68, F.S. and does not constitute a proceeding under Section 120.57, F.S.

4.. The Stay previously granted by the Board on April 20, 1976, from the Final Order issued by the Board on February 18, 1976, is hereby removed or vacated and upon the issuance of this Order the Final Order issued by the Board on February 18, 1976, shall take effect, unless otherwise stayed by order of a court of competent jurisdiction.

Order of the Florida State Board of Dentistry, this 13th day of July, 1976.

Dr. Cliff Gwynn, Jr., D.D.S. Chairman

Dr. Edgar A. Cosby, D.D.S. Secretary-Treasurer

Copies furnished to:

Richard Kanner Esquire 700 Brickell Avenue

Miami, Florida 33131

L. Haldane Taylor, Esquire Taylor and Brecher

605 Florida Theatre Building

128 E. Forsyth Street Jacksonville, Florida 32202

Donald D. Conn, Esquire Assistant Attorney General Department of Legal Affairs 715 South Calhoun Street Tallahassee, Florida 32304

Docket for Case No: 75-000236

Orders for Case No: 75-000236