C Ss STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vs. CASE NO. 98-22844 GASPER LAZZARA, QO-O 76 9 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 GASPER LAZZARA, hereinafter referred to as "Respondent”, and alleges: 1. Petitioner is the state agency charged with regulating the practice of dentistry pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 466, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3) (g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as the "Agency," to provide consumer complaint, investigative, and prosecutorial services required by the Ue se Division 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, a licensed dentist in the State of Florida, having been issued license number DN 0004353. Respondent’s last known address is 13000 Sawgrass Village Circle, Suite #41, Ponte Vedra Beach, Florida 32082. 4. The Respondent caused to be printed an advertisement that contained the following wording: RECORDS FEE $196, RETAINERS $392 5. The Respondent Caused to be printed an advertisement that contained the following wording: FREE CONSULTATION. 6. Section 455.664, Florida Statutes, states, in pertinent part, that: In any advertisement for a free, discounted fee, or reduced fee service, examination, or treatment by a health care provider licensed under «chapter °466...the following statement shall appear in capital letters clearly distinguishable from the rest of the test: THE PATIENT AND AN OTHER PERSON RESPNSIBLE FOR PAYMENT HAS A RIGHT TO REFUSE TO PAY, CANCEL PAYMENT, OR BE REIMBURSED FOR PAYMENT FOR ANY OTHER SERVICE, EXAMINATION, OR TREATMENT THAT IS PERFORMED AS A RESUTL OF AND WITHIN 72 HOURS OF RESPONDING TO THE ADVERTISEMENT FOR THE FREE, DISCOUNTED FEE, OR REDUCED FEE SERVICE, EXAMINATION, OR TREATMENT. se s 7. Rule 64B5-4.003(2), Florida Administrative Code, states that any advertisement containing fee information shall contain a disclaimer that the fee is a minimum fee only. 8. Respondent’s advertisement did not include the required Section 455.664, Florida Statutes, disclaimer. 9. Respondent’s advertisement did not include a disclaimer ‘stating that the fees listed were minimum fees only. COUNT I 10. Petitioner realleges the factual allegations contained in the foregoing paragraphs as if fully stated herein. 11. 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) (aa), Florida Statutes, for violating Section 455.664, Florida Statutes, for failing to include the required disclaimer. COUNT II 12. Petitioner realleges the factual allegations contained in paragraphs one (1) through nine (9) as if fully stated herein. 13. Based on the foregoing, the Respondent’s license to practice dentistry in the State of Florida is subject to ve ve discipline for violating Section 466.028(1) (aa), Florida Statutes, for violating Rule 64B5~-4.003(2), Florida Administrative Code, for failing to include a disclaimer in an advertisement stating that the listed fee was a minimum fee only. » » 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, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED cnif(Sraay ol Wawa, , 1999. Robert G. Brooks, M.D. Secretary, Department gf Health By: Nancy M. Sn Chief Attorney COUNSEL FOR AGENCY: DEPA F Trisha T. Webb OEE ENT CE HEALTH Senior Attorney hn, . Agency for Health Care Administration CLERK Uchi R. Viton “ General Counsel's Office - MQA /2fA2 Allied Health pare_/2/R2 2/9 9 P.O. Box 14229 Tallahassee, Florida 32317-4229 (850) 410-3465 TIW PCP: Grecta, Robinsen, Frshero DATE: = @130199

Docket for Case No: 00-000769