STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, O6 - 7? Vit Vs. . CASE NO. 99-55130 MARK BEHAR, Respondent. / eee ADMINISTRATIVE COMPLAINT COMES Now, the Petitioner, Department of Health, pereinafter: referred to as “petitioner”, and files this Administrative Complaint pefore the Board of Dentistry against MARK BEHAR, hereinafter referred to as "Respondent”, and alleges: 1. petitioner is the state agency charged with regulating the practice of dentistry pursuant to Section “90.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 466, ‘Florida statutes. 2. Pursuant to the authority of Section 20.43(3) (9g) Flori “Statutes, the Petitioner has contracted with the Agency for Héalth. Care Administration, hereinafter referred to as the "agency," to provide consumer complaint, investigative, and prosecutorial services required by the : 5 fy pivision of Medical Quality Assurance, councils or board, as appropriate, including the issuance of emergency orders of suspension or restriction. 3. Respondent is, and has been at all times material hereto, 4 licensed dentist in the State of Florida, having peen issued license number DN 0008030. Respondent’ s last known address is 950 North Federal Highway, Suite 202, Pompano Beach, Florida 33062. 4. In or around October 1998 Patient K.P. presented to the Respondent for dental treatment. 5. During treatment, Patient K.P. observed that neither the Respondent nor the Respondent’ s dental auxiliary were wearing surgical gloves during intra-oral ' procedures. 6. In xesponse to the complaint, the Respondent wrote to the Petitioner and stated that: When I took the final impression my gloves were removed..[N]o, Wwe only “always’s” wear gloves when Ciaaone there is blood present. For those outside the - mouth procedures, with the fast spinning burs close to the fingers we don’t. We also don’t wear them for final impressioning pecause of the ‘contamination of the material. If we are only “inspecting the mouth with our sterilized instruments and not going to touch any mouth tissues, Wwe won’t wear gloves either... ee, Yd @ 7. Rule 64B5-25.003(8), Florida hdministrative Code, states that: “{s]urgical or examination gloves and surgical masks shall be worn by all dentist, dental hygienists, and dental assistants while performing or assisting in the performance of any intra-oral dental procedure on a patient in which contact with blood and/or saliva is imminent. Surgical ofr examination gloves must be changed between patients. Hands shall be washed with soap and water and dried immediately after removing and prior to replacing gloves. Gloves are never to be washed and reused. Surgical or examination gloves that are punctured or torn must be removed and replaced immediately with new gloves following rewashing of provider's hands with soap and water... COUNT I 8. Petitioner realleges the factual allegations contained in the preceding paragraphs as if fully stated herein. 9. Based on the foregoing, the Respondent’ s license to practice dentistry in the State of Florida is subject to _ discipline for violating Section 466.028 (1) (u), Florida Statutes, for failing to provide and maintain~ reasonable sanitary facilities and conditions. COUNT II 16. Petitioner “realleges. the factual allegations _ contained in paragraphs one (1) through seven (7) as if fully stated herein. a, @ | @ WO oo! 4. Based on the foregoing, the Respondent’ s license to practice dentistry in the State of Florida is subject to discipline for . violating Section 466.028 (1) (xX), Florida Statutes, for being guilty of incompetence ox 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. _ , ww) _ 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 thé Respondent's practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on. probation, and/or any other relief that the Board deems appropriate. SIGNED thigAGbaay ot ) WO. , 1999. Robert G. Brooks, M.D. Secretary, Department of Health ee By: Nancy M. Sn owski Chief Attorney apres a . . . co kns - SO ONSEL FOR AGENCY: . FILED DEPARTMENT OF HEALTH “Trisha T. Webb DEPUTY CLERK Senior Attorney CLERK Uehi R-Ealion . Agency for Health Care Administration , General Counsel's Office - MQA DATE. 22/82/79 Allied Health P.O. Box 14229 : : “Tallahassee, Florida 32317-4229 “(850) 410-3465 Greera Robinsons Fisher 99. [a0 199.

Docket for Case No: 00-000715