STATE OF FLORIDA BOARD OF DENTISTRY

DEPARTMENT OF HEALTH,

Petitioner, DOH CASE NO.: 94-00432 and 95-05051 DOAH CASE NO.: 97-3355 and 97-3356

vs. LICENSE NO.: DN 0010415 THOMAS E. WORSTER, D.D.S.,

Respondent.

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AMENDED FINAL ORDER

THIS MATTER was heard by the Board of Dentistry pursuant to Sections 120.569 and 120.57(1), Florida Statutes, on June 26,1999, in Miami, Florida, for consideration of the Administrative Law Judge's Recommended Order (a copy of which is attached as Exhibit A) in the case of Department of Health v.

Thomas E. Worster, D.D.S., Case Nos. 97-3355 and 97-3356. At the hearing, Petitioner was represented by Trisha T. Webb, Senior Attorney. Respondent did not appear before the Board and was not represented by legal counsel before the Board. Upon consideration of the Administrative Law Judge's Recommended Order, after review of the entire record and having been otherwise fully advised in its premises, the Board makes the following findings and conclusions.

RULINGS ON EXCEPTIONS

The board considered petitioner's timely filed exceptions and voted to deny the Petitioner's exceptions to the Administrative Law Judge's rulings on the admissibility of Petitioner's Exhibits 18,19, 20, and 21.

FINDINGS OF FACT

1. The Administrative Law Judge's Findings of Fact are approved and adopted and are incorporated herein by reference.

   
   

2. There is competent, substantial evidence to support the Board's findings.

CONCLUSIONS OF LAW

1. The Board has jurisdiction of the parties and subject matter of this case pursuant to Sections 120.569 and 120.57(1), Florida Statutes, and Chapter 466, Florida Statutes.

   
   

2. The Administrative Law Judge's Conclusions of Law are approved and adopted and are incorporated herein by reference.

   
   

3. There is competent, substantial evidence to support the Board's conclusions.

   
   

4. The Board finds that the Administrative Law Judge failed to consider Rule 64B5-13.005(1), Florida Administrative Code, in determining an appropriate recommendation for the penalty to be imposed upon Respondent's license. The Board's rule requires that in addition to the recommended penalties set forth in subparagraphs (3)(p) and (cc), there should also be a REPRIMAND and an administrative fine of up to $3,000.00 per violation. Furthermore, the Board finds that it is not in the best interest of protecting the public or rehabilitating the Respondent to impose a significant suspension without requiring completion of appropriate continuing education, so as to teach Respondent how to avoid or prevent similar problems in the future.

WHEREFORE, it is ORDERED AND ADJUDGED that the Respondent is found to have violated §§466.028(1)(m) and (y), Florida Statutes, and Respondent that Respondent's license shall be disciplined as follows:

Respondent's license to practice dentistry in Florida shall receive a REPRIMAND; Respondent's license shall be SUSPENDED for a period of 30 days from the effective date of this Final Order; the suspension shall be immediately followed by a period of PROBATION which shall continue for two (2) years; prior to the completion of the probation, Respondent shall successfully complete board approved continuing education consisting of fifteen (15) hours in risk management and record keeping, ten

(10) hours in endodontics, and ten (10) hours in periodontics, proof of completion of these courses shall be timely provided in writing to the executive director of the Board; Respondent shall pay an ADMINISTRATIVE FINE of $6,000.00, with said fine to be paid to the executive director of the Board within thirty (30) days of the effective date of this Final Order; and Respondent shall file within thirty (30) days of the effective date of this Final Order, an AFFIDAVIT attesting that Respondent has reviewed the laws and rules applicable to the practice of dentistry in

Florida, including Chapters 455 and 466, Florida Statutes, and Rule Chapter 64B5, Florida Administrative Code.

This Final Order became effective upon its filing with the Clerk for the Department of Health on August 19,1999. It is being amended to correct a scrivener's error in the Wherefore clause, by deleting a reference §466.028(1)(x), Florida Statutes, and instead reflecting that Respondent was found to have violated only §§66.028(1)(m) and (y), Florida Statutes.

The parties are hereby notified that they may appeal this Final Order by filing one copy of a Notice of Appeal with the Clerk of the Department of Health and by filing a filing fee and one copy of a Notice of Appeal with the District Court of Appeal within thirty (30) days of the date this Final Order is filed.

DONE AND ORDERED, nunc pro tunc, this 19th day of August,

1999.

BOARD OF DENTISTRY

SOLOMON G. BROTMAN, D.D.S. CHAIRMAN

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been forwarded by United States Mail this day

of , 1999, to Thomas E. Worster, D.D.S. c/o E. Raymond Shope, II, Esquire, 1404 Goodlette Road, North, Naples, Florida 34102, and by interoffice delivery to Robert E. Meale, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060, and by hand delivery to Trisha T. Webb, Senior Attorney, 2727 Mahan Drive, Tallahassee, Florida 32308.

William H. Buckhalt, C.P.M. Executive Director

Board of Dentistry

AMENDED CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been provided by certified mail to Thomas E. Worster, D.D.S., 33 South Melbourne Street, Beverly Hills, Florida 34465, Raymond Shope, II, Esquire, 1404 Goodlette Road, North, Naples, Florida 34102, and interoffice delivery to Robert E. Meale, Administrative Law Judge, Division of Administrative Hearings, The Desoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060, and by hand delivery to Trisha T. Webb, Senior Attorney, 2727 Mahan Drive, Tallahassee, Florida 32308 at or before 5:00 p.m., this 20th day of December, 1999.

Michell R. Logsd

Docket for Case No: 97-003356

Orders for Case No: 97-003356