U Oe U STATE OF FLORIDA PILe B) - DEPARTMENT OF HEALTH “09 ~ = APR 25 AM {0: 34 DEPARTMENT OF HEALTH, DIVIsiog << ADMINIST RAT ye PETITIONER, Henan gfe vs. CASE NUMBER: 1998-17635 ARTHUR KAMINSKY, DDS. , op 141 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 ARTHUR _ KAMINSKY, D.D.S., 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 contrécted with the Agency for Health Care Administration, hereinafter referred to as the “Agency,” to provide consumer complaint, investigative, and prosecutorial services required by the 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 0006853. Respondent's last known address is 997 South Rock Island Road, North Lauderdale, Florida 33068. 4. In or about 1993, Patient IK. presented to the Respondent for dental treatment. t i i i f L/ a VU . 5. The Respondent provided Patient J.K. with crowns and a dental bridge for teeth a numbers 4 through 13. te Coan 6. The Respondent failed to properly prepare Patient I.K.’s teeth numbers 4 through 13 for the bridgework. | 7. A Subsequent treater determined that it would be necessary to surgically extract teeth numbers 4,5,12, and 13 because of complete decay and the shearing off of both pair of roots of teeth numbers 4,5,12, and 13. On or about July 30, 1997, the subsequent treater surgically extracted teeth numbers 12 and 13. On or about August 21, 1997, the subsequent treater surgically extracted teeth numbers 4 and 5. 8. On or about November 23, 1993, radiographs taken by the Respondent of Patient LK. revealed severe bone loss. 9. On or about November 23, 1993, the Respondent noted in Patient LK.’s dental records that Patient J.K. exhibited heavy subgingival calculus and heavy bleeding. 10. The Respondent failed to refer Patient 1K. to a periodontist for periodontal treatment. ' 11. The Respondent failed to provide the minimum standard of care in the treatment of Patient I.K. by, but not limited to, the following: a. Failure to adequately prepare teeth for bridgework; b. Failure to adequately perform periodontal examination and treatment; and c. Failure to refer to a specialist. 12. The Respondent failed to keep written dental records and medical history records justifying the course of treatment of Patient I. K. by, but not limited to, the following: ae || Ce OG, (a) The Respondent failed to justify the extensive reconstruction work planned for Patient IK. except for the mention that the porcelain was off the lingual-surface . of the crown on tooth number eight; (b) The Respondent failed to record results from pocket depth probing or from oral cancer screening; and (c) The Respondent failed to record a pathological examination of soft tissue. 13. Onor about January 27, 1994 the Respondent billed Patient I-K.’s dental insurance carrier for two restorations when he actually only recemented a crown. 14. | Onor about November 4, 1994 the Respondent billed Patient I.K.’s dental insurance carrier for two fillings for teeth numbers six and seven when he actually only recemented the crown on tooth number eight. 15. | Onor about January 5, 1996 the Respondent billed Patient ].K.’s dental insurance carrier for a quadrant of gingival scaling but he did not see the patient on that date. 16. On or about January 23, 1996 the Respondent charged Patient L.K.’s dental insurance carrier for a quadrant of gingival scaling but he did not see the patient on that date. ' 17. On or about April 16, 1996 the Respondent billed Patient L.K.’s dental insurance carrier for a periodic examination that was not done. 18. The Respondent filed fraudulent insurance claims regarding Patient I.K.’s treatment. COUNT I 21. Petitioner realleges and incorporates by reference the foregoing allegations as if fully stated herein. 22. 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) (x), Florida Statutes, for being i VY U ; guilty of incompetence or 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. COUNT II 23. ) Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twenty (20). 24. 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) (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, examination results, test results, and X-rays, if taken. COUNT III _ 25. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twenty (20). 26. 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)(ff), Florida Statutes, for operating or causing to be operated a dental office in such a manner as to result in dental treatment that is below minimum acceptable standards of performance in the community, including the failure to maintain patient records as required by chapter 466. | | | U oo. S , COUNT IV 27. Petitioner realleges and incorporates by reference the allegations contained in? paragraphs one (1) through twenty (20). , 28. 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) @), Florida Statutes, for jnaking or filing a report, which the licensee knows to be false. COUNT V 29. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twenty (20). . 30. 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) (1), Florida Statutes, for making deceptive, untrue, or fraudulent representations in or related to the practice of dentistry. COUNT VI 31. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twenty (20).. 32. 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) (t), Florida Statutes, for fraud, deceit, or misconduct in the practice of dentistry or dental hygiene. COUNT VIX 33. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twenty (20). Lotte Ly | VU . . 34. 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, forthe . ~ violation or the repeated violation of chapter 466 or part II of chapter 455, or any rule promulgated pursuant to part II of chapter 455 or chapter 466. LW « WHEREFORE, Petitioner respectfully requests the Board of Dentistry enter af order . YW 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 Whiay of COUNSEL FOR AGENCY John L. Chaves Senior Attorney Agency for Health Care (Administration P. O. Box 14229, mail stop 39 Tallahassee, Florida 32317-4229 (850) 410-3467 ILC/clt PCP: Garcia, Robinson, & Fisher DATE: January 27, 2000 ur Kaminsky, DN Number: 1998-17635 Date: December 13, 1999 2000. Robert G. Brooks, M.D. Secretary, Department/of Health ancy M. Snurkowski Chief Attorney Agency for Health Care Administration DEPARTMENT OF HE, DEPUTY cuenK CLERK Webi RY sot DATE 3-3- Q000

Docket for Case No: 00-001739