Final Order No. DOH-01-1575. lth By: . STATE OF FLORIDA Deputy Agency Clerk BOARD OF DENTISTRY A {3 K Close 2 DEPARTMENT OF HEALTH, , S — Petitioner, bl 03297L ge 8 on vs. CASENO..90-83063 SER DT LICENSE NO.: DNOD09107229 2 17 THOMAS HUNTER, D.D.S., Bee Respondent. ; s = FINAL ORDER THIS MATTER came before the Board of Dentistry (hereinafter referred to as the Board”) pursuant to Sections 120.569 and 120.57(4), Florida Statutes, on August 17, 2001, in Tampa, Florida, for a determination of whether to accept the proposed Settlement Stipulation (a copy of which is attached and incorporated herein by reference) entered into between the Parties in the above-styied case. The Petitioner was represented by Tracy Sumner, Senior Attomey. The Respondent was present and represented by Gregory A. Chaires, Esq. Upon consideration, it is ORDERED AND ADJUDGED: 1. The proposed Stipulation is hereby approved and adopted and incorporated herein by reference. 2. Respondent shall adhere to and abide by all the terms and conditions of the Stipulation and this Order. 3. Administrative Costs are hereby assessed at $1901.68 4. This Finai Order shall be placed in and become a permanent part of Respondent's Official record with the Board. 5. This Final Order becomes effective upon being filed with the Clerk of the Department of Health. DONE AND ORDERED this__|‘]__ day of Septembe c , 2001. CHAIRMAN CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been provided by U.S. Mail to Thomas Hunter, D.D.S., 2815 Corrine Drive, Orlando, Florida 32803-2235; to Gregory Chaires, Esq., P.O. Box 2310, Winter Park, Florida 32790-2310, and by hand delivery/United States Mail to the Clerk, Department of Health and its Counsel thia}-O3"_ day ofp \ewlen , 2001. . STATE OF FLORIDA DEPARTMENT OF HEALTH . + BOARD OF DENTISTRY Feld tore DEPARTMENT OF HEALTH, Petitioner, vs. AHCA Case No: 99-53063 DOAH Case No. 01-0324 THOMAS HUNTER, D.D.S. Respondent. / AMENDED STIPULATION Pursuant to Section 120.57(4), Florida Statutes, the above named parties hereby offer this Stipulation to the Board of Dentistry as disposition of the Administrative Complaint, attached hereto as Exhibit “A”, in lieu of any other administrative proceedings. The terms herein become effective only if and when a Final Order accepting the Settlement Stipulation is issued by the Board and filed. In considering the Stipulation, the Board may review all investigative materials regarding this case. If this Stipulation is rejected, it and its presentation to the Board, shall not be used against either party. STIPULATED FACTS 1. For all times pertinent hereto, Respondent was a licensed dentist in the State of Florida, having been issued license number DN 9107. Respondent’s last known address is 2815 Corrine Drive, Orlando Florida 32803-2235. 2. The Respondent was charged in a two-count Administrative Complaint filed by the Board of Dentistry and served upon Respondent with violations of Chapters 456 and 466, — Florida Statutes. A true and correct copy of the Administrative Complaint is attached hereto and incorporated by reference as Exhibit A. 000213 1 3. Respondent neither admits nor denies the allegations contained in the Administrative Complaint. - : STIPULATED LAW 1. Respondent admits that he is subject to the provisions of Chapters 456 and 466, Florida Statutes, and the jurisdiction of the Board, Department of Health. and the Agency for Health Care Administration. 2. Respondent admits that the stipulated facts, if proven true, may constitute violations of laws as alleged in the Administrative Complaint. 3. Respondent admits that the stipulated disposition in this case is fair, appropriate, and acceptable to Respondent. - PROPOSED DISPOSITION 1. The Respondent shall be present when this Stipulation is presented to the Board, and under oath shall answer questions by the Board concerning this case and the disposition thereof. 2. Respondent’s license shall receive a Reprimand by the Board of Dentistry. 3. The Board of Dentistry shall impose an administrative fine of four thousand ($4,000.00) dollars against the Respondent’s license, to be paid by the Respondent to the Executive Director of the Board of Dentistry, within thirty (30) days of filing of the Final Order accepting this Stipulation. 4. The Respondent shall reimburse the Board of Dentistry in an amount up to two thousand dollars ($2,000) for the cost of investigation of this case, to be paid by the Respondent to the Executive Director of the Board of Dentistry, within thirty (30) days of entry of the Final Order accepting this Stipulation. 5. Within two (2) years of filing of the Board’s Final Order in this case, the 000214 Respondent shall successfully complete continuing education courses as they relate to the practice of dentistry within the State of Florida as follows: five (5) hours Risk Management and twenty (20) hours in the area of Pharmacology. Within thirty (30) days of completion of the course. the Respondent shall submit proof of course content and successful completion to the Board of Dentistry Office. These continuing education courses are in ADDITION to those continuing education credits normally required for renewal of the Respondent’s license. Home study courses WILL NOT be accepted to satisfy this condition unless specifically authorized by the Board of _ Dentistry. 6. The Respondent shall within thirty (30) days of entry of the Final Order accepting this Stipulation, provide the Board Office with an affidavit stating he has read and understands the laws and rules governing the practice of dentistry in the State of Florida. 7. Respondent shall not in the future violate Chapters 456 and 466, Florida Statutes, the rules promulgated pursuant thereto, or any other state or federal law, rule, or regulation relating to the practice of or the ability to practice dentistry. 8. It is expressly understood that a violation of the terms of this Stipulation shall be considered a violation of a Final Order of the Board of Dentistry, for which disciplinary action may be initiated pursuant to Chapter 456 or 466, Florida Statutes. 9. It is expressly understood that this Stipulation is subject to approval of the Board and has no force or effect until an Order is based upon it by the Board. 10. _ This Stipulation is executed by the Respondent for the purpose of avoiding _ further administrative action by the Board of Dentistry regarding the acts or omissions specifically set forth in the Administrative Complaint. In this regard, Respondent authorizes the Board to review and examine all investigative file materials concerning the Respondent prior to 000215 3 or in conjunction with consideration of this Stipulation. Respondent agrees to support this Stipulation at the time it is presetitéd to the Board, and shall offer no evidence, testimony or argument that disputes or contravenes any stipulated fact or conclusion of law. Furthermore, should this Stipulation not be accepted by the Board, it is agreed that the presentation and consideration of this Stipulation 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. VW. The Respondent and the Department fully understand that this Stipulation and subsequent Final Order incorporating same, will in no way preclude additional proceedings by the Department, Board or the Agency for Health Care Administration against the Respondent for acts or omissions which are not the subject of the Administrative Complaint nor were presented to the Probable Cause Panel of the Board at the time of issuance of the Administrative Complaint. This Stipulation relates solely to the current disciplinary proceedings arising from the aforementioned complaint and does not preclude further action by the other divisions, departments, and/or sections of the Department of Health and the Agency for Health Care Administration, including, but not limited to, the Agency’s Medicaid Program Integrity Office. 12. The Respondent waives the right to seek attorney’s fees and/or costs from the Board, Department of Health or the Agency for Health Care Administration in connection with -this disciplinary proceeding. 000216 4 WHEREFORE, the parties hereto request the Board to enter a Final Order accepting and implementing the terms contained herein. SIGNED thiso¥/day of Mul ,2001 Themen Ueybe O04 THOMAS HUNTER, D.D.S. Before me, personally appeared Lomas. HinkeR QoS wrose identity is known to me by sCnnateg, and who under oath, acknowledges that his signature appears above. . Sworn to and subscribed by Respondent before me this th Liay of Late. 2001. Notary Public My Commission Expires} 14/2003 ~” Robert G. Brooks, M.D. Secretary, Department of Health By Nancy M. Snurkows' Chief Attorney R. Lynn Lovejoy, Senior Attorney Agency for Health Care Administration General Counsel’s Office - MQA Practitioner Regulation — Legal P.O. Box 14229, MS #39 Tallahassee, Florida 32317-4229 850.488.0598 850.488.1855 (fax) 000217 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, vs. i CASE NUMBER: 1999-53063 THOMAS D. HUNTER, DDS. . . RESPONDENT. / ) ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner”, and files this Administrative Complaint before the Board of Dentistry against, D.D.S., referred to as - “Respondent”, and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of Dentistry pursuant to Section 20.43, Florida Statutes, Chapter 456, Florida Statutes, (formerly Chapter 455, Part I; see Chapter 2000-160, Laws of Florida), and Chapter 466, Florida Statutes. Pursuant to Section 20.43(3)(g), Florida Statutes, the Department has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial . services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is, and has been at all times material hereto, a licensed dentist in the State of Florida, having been issued license number DN 9107. Respondent's last known address is 2815 _ Corrine Drive, Orlando, Florida 32803-2235. 3. Onor about July 1, 1992, Patient S.M. presented to the Respondent complaining of pain in the lower right quadrant of her mouth. - EXHIBIT 000218 j A 4. On or about July 1, 1992, the Respondent examined Patient S.M. - 5. Onor about July 1, 1992, the Respondent determined Patient S.M. had severe gingivitis, plaque, rampant decay, and cavities in twenty-five of her teeth. : 6. On or about July 1, 1992, the Respondent failed to document the results of his examination of Patient S.M. . 7. On or about July 1, 1992, the Respondent developed a treatment plan for Patient S.M. which involved root canal therapy for approximately eight (8) testh, extractions of three (3) teeth, - and restorations on approximately seventeen (17) other teeth. 8. ) Beginning on or about July 20, 1992, through on or about December 13, 1994, the Respondent provided dental treatment to Patient SM. 9. From on or about July 20, 1992, through on or about December 13, 1994, the Respondent performed root canal treatments on Patient S.M/s teeth numbers thirty (30), twenty- one (21), six (6), ten (10), eleven (11), thirty-one (31), three (3), twelve (12), twenty-eight (28), four (4), twenty-nine (29), twenty-seven (27), and seven (7). 10. From on or about July 20, 1992, through on or about December 13, 1994, the Respondent did not place permanent crowns on teeth numbers thirty (30), twenty-one (21), six (6), eleven (11), thirty-one (31), three (3), twelve (12), twenty-eight (28), four (4), twenty-nine (29), ) twenty-seven (27), and seven (7). 11. From on or about July 20, 1992, through on or about December 13, 1994, the Respondent did not document relating to Patient S.M. that placement of permanent crowns on the aforementioned teeth were a part of the necessary treatment. 000219 2 12. From on or about July 20, 1992, through on or about December 13, 1994, the Respondent did not document any refusal by Patient S.M. to have permanent crowns placed on the aforementioned teeth. 13. From on or about July 20, 1992, through on or about December 13, 1994, the Respondent did not perform a dental prophy on Patient S.M. 14. From on or about July 20, 1992, through on or about December 13, 1994, the Respondent did not document informing Patient S.M. of the necessity to have dental prophys. 15. From on or about July 20, 1992, through on or about December 13, 1994, the . Respondent did not document any refusal by Patient S.M. to have a dental prophy. 16. Rule 64B5-17.002(1), Florida Administrative Code, states: "(1) For the parpose of implementing the provisions of subsection 466.028 (1)(m), Florida Statutes, a dentist shall maintain written records on each patient which written records shall contain, at a minimum, the following information about the patient: pathology or diseases; ; © any radiographs used for the diagnosis or treatment of the patient; @ treatment plan proposed by the dentist; and - (©) treatment rendered to the patient.” _ 14, The Respondent failed to maintain records in compliance with Rule 64B5-17.002(1), by, but not Limited to, the following: ae ae | (a) failure to document findings of clinical examination; and (b) failure to document pathology, 15. From on or about September 22, 1992, through on or about October 21, 1992, a period of thirty days, the Respondent prescribed eighty tubleis of Percodan, a Schedule II narcotic, for Patient S.M. ; ; 0002<0 3 16. From on or about September 22, 1992, through on or about October 21, 1992, the Respondent prescribed twelve tablets of Lortab 7.5, a Schedule II narcotic, for Patient S.M. _ 17. From on or about September 22, 1992, through on or about October 21, 1992, the ‘Respondent over-prescribed Schedule I narcotics for Patient SM. Schedule II Narcotics are highly addictive drugs. 18. Petitioner realleges and incorporates the foregoing allegations as if fully stated herein. 19. Based on the foregoing, the Respondent’s license to practice dentistry in the State of Florida is subject to discipline pursuant to Section 466.028 (1) (m), Florida Statutes, for 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, exarnination results, test results, and x-rays, if taken. " 20. Petitioner realleges and incorporates allegations contained in paragraphs one (1) through eight (8). 21. Based on the foregoing, the Respondent's license to practice dentistry in the State of Florida is subject to discipline pursuant to Section 466.028 (1) (p), Florida Statutes, for prescribing, procuring, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the professional practice of the dentist. 000221 aa WHEREFORE, Petitioner respectfully requests the Board of Dentistry enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine and costs, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this HVhasy of Ochle— 2000. 7 Robert G. Brooks, M.D. ; : Secretary, Department of Health COUNSEL FOR AGENCY John L. Chaves Senior Attorney FILED Agency for Health Care ; DEPARTMENT OF HEALTH Administration : Practitioner Regulation . CEAK kof F P. O. Box 14229, mail stop 39 ove \O -S -Zeme, Tallahassee, Florida 32317-4229 (850) 487-9670 _ . Gente PCP: DATE: 422% -20D0 ‘Thomas Hunter, DN Case Number: 99-$3063 Date: Seprember 7, 2000 oooz22

Docket for Case No: 01-000324PL

Orders for Case No: 01-000324PL