Final Order No. DOH-02-0853. <> MOA a eee lox Dep: a ¥3 STATE OF FLORIDA see BOARD OF DENTISTRY By: DeputyiAgency Clerk DEPARTMENT OF HEALTH, nti —” By Petitioner, DOAH CASE NO.: 99-4805. oy vs. CASE NO.: 1997-21244" 4 LICENSE NO.: DN 1242 HUMBERTO VAZQUEZ, D.D.S. Respondent. 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 May 3, 2002, in Orlando, 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-styled case. The Petitioner was represented by Dean Bunton, Senior Attorney. The Respondent was present and represented by Anthony Vitale, Esquire. Upon consideration of the Administrative Complaint and the proposed Settlement Stipulation in this matter, and being otherwise fully advised in the premises, the Board voted to REJECT the Stipulation as an acceptable disposition in this matter. The Board offered Respondent a Counterstiputation. The terms of the Counterstipulation are embodied in this Order and consist of all the terms in the Stipulation, with the following changes: 1. Paragraph 3 of the Stipulation is modified as follows: Respondent's license shall be SUSPENDED for a period of six months with the exception that Respondent may provide pro bono service in a 501(c)(3) facility during the period of suspension. The suspension shall commence no later than 7 days after the effective date of this Order. 2. Respondent shall pay COSTS of $3,823.00 no later than 30 days from the effective date of this Order. 3. Respondent shall complete 8 hours of continuing education in risk management and shall submit proof of completion of such hours to the board office, no later than six (6) months from the effective date of a Final Order accepting the Counterstipulation. Said additional hours shall be in addition to, and not count toward, the hours required for Respondent's licensure renewal. Furthermore, said additional hours shall be obtained by attending live presentation(s), and home study or correspondence courses shall not be acceptable. Ail other terms of the Stipulation to remain in full force and effect to the extent not expressly inconsistent herein. Respondent accepted the Counterstipulation. It is therefore ORDERED AND ADJUDGED: 1. The Counterstiputation 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 Counterstipulation. 3. This Final Order shall be placed in and become a permanent part of Respondent's Official record with the Board. 4. This Final Order becomes effective upon being filed with the Clerk of the Department of Health. DONE AND ORDERED this EN day of 3 Umno , 2002, be JC FAUSTINO G. GARCIA, D.M._D.. CHAIRMAN CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been provided by U.S. Mail to Humberto Vazquez, D.D.S. c/o Anthony Vitale, Esquire, 799 Brickell Plaza, Suite 700, Miami, Florida 33131 and by hand delivery/United States Mail to the Clerk, Department of Health and its Counsel this > ¢/'71, day of _gwry , 2002. coh STATE OF FLORIDA DEPARTMENT OF HEALTH, BOARD OF DENTISTRY Petitioner, vs. AHCA Case No. 97-21231 DOAH Case No. 99-4605 HUMBERTO VAZQUEZ, D.D.S. Respondent. / 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 Amended 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 0012425. Respondent's last known address is 2742 S.W. 8" Street, #220, Miami, Florida 33135. 2. The Respondent was charged in a one count Amended Administrative Complaint filed by the Board of Dentistry and served upon Respondent with violations of Chapters 455 and 466, Florida Statutes. 3. It is expressly understood and agreed between the parties that this Agreement, and the payment provided hereunder, is not and shall not be construed to be an admission of liability. 001690 1 Stipulation Humberto Vazquez Case No. 97-21231 STIPULATED LAW 1. Respondent admits that she is subject to the provisions of Chapters 455 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 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. Respondent’s license shall be suspended for a period of one year. The suspension shall be stayed. 4. 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 entry of the Final Order accepting this Stipulation. 5. The Respondent shall reimburse the Board of Dentistry for the actual costs of the 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. 001691 Stiputation Humberto Vazquez _ Case No. 97-2123! 6. __ The Respondent's dental license shall be on probation for three (3) years upon entry of the Final Order accepting this Stipulation. The Respondent must comply with the following terms of probation: (a) Respondent must have a Board approved dentist to serve as his monitor. (b) Respondent is responsible for any cost associated with the monitor. (c) Every three months, the monitor shal] randomly audit the Respondent's records for documentation and billing accuracy. a! (d) The monitor shall file quarterly reports with the Board of Dentistry. 7. Respondent shall be subjected to an audit of continuing education hours for the next two bienniums. 8. Respondent is prohibited from ever participating in the Medicare, Medicaid, Maternal and Child Health Services Block Grant and Block Grants to States for Social Services programs. 9 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. 001692 3 10. Respondent shall not i in oo future violate Chapters 455 and 466, Florida Statutes, the rules promulgated Pursuant thereto, or any other state or federal law, tule, or regulation relating to the practice of or the ability to practice dentistry. Stiputation Humberto Vazquez Case No. 97-2123] 11. 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 455 or 466, Florida Statutes. 12, 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, 13. 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 Amended Administrative Complaint. In this regard, Respondent authorizes the Board to review and examine all investigative file materials concerning the Respondent prior to or in conjunction with consideration of this Stipulation. Respondent agrees to support this Stipulation 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 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. 14, 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 001693 Stipulation Humberto Vazquez Case No. 97-21231 Department, Board or the Agency for Health Care Administration against the Respondent for acts or omissions which are not the subject of the Amended Administrative Complaint. This stipulation relates solely to the current disciplinary proceedings arising from the aforementioned complaint and does not preclude further action by 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. 15. 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. 001694 5 WHEREFORE, the parties hereto Tequest the Board to enter a Fina] Order jaceepting and © implementing the terms contained herein, SIGNED this 2 day of , 2002 HUMBERTO VAZi .D.S. Before me, personaly appeared Hoxneup 7 whose identity is known to me by cart and who under oath, acknowledges that his signature appears abo Notary Public My Commission Expires: John Agwunobi, MD, MBA Secretary, Department of Health By Nancy M. Snurkow Chief Attorney Tracy J. Sumner, Senior Attomey Agency for Health Care Administration General Counsel's Office - MQA Practitioner Regulation — Legal P.O. Box 14229, MS #39 Tallahassee, Florida 32317-4229 (850) 410.3467 TOTAL P.a4

Docket for Case No: 99-004605