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DEPARTMENT OF HEALTH, BOARD OF DENISTRY vs MARGARET KLINGELE, D.D.S., 00-001884 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001884 Visitors: 12
Petitioner: DEPARTMENT OF HEALTH, BOARD OF DENISTRY
Respondent: MARGARET KLINGELE, D.D.S.
Judges: DANIEL M. KILBRIDE
Agency: Department of Health
Locations: Orlando, Florida
Filed: May 03, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 27, 2000.

Latest Update: Dec. 28, 2024
“ 7 . ow) | oe : 7) STATE OF FLORIDA — FILED . DEPARTMENT OF HEALTH . DEPARTMENT OF HEALTH, . PETITIONER, | vs. . CASE NUMBER: 1998-23063 MARGARET KLINGELE, DDS. - — O0-/ b & a) 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 MARGARET KLINGELE, DDS., 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, Pursuant to the authority of Section 20.43 (3) (g), Florida Statutes, the Petitioner 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, dental treatment t of a , fractured inabingal cusp » of tooth B. “The Respondent ‘recommended a “buildup anda crown on n tooth #3. ee de ee ° | wv ae) 4. On or around October 22, 1997, the Respondent fabricated a crown for Patient T.W’s tooth #3. 5. Onor around November 5, 1997, the Respondent placed the crown for tooth #3 with . temporary cement. 6. On or around January 14, 1998, Patient T.W. presented to the Respondent complaining of soreness of tooth #3 and requesting a new crown for aesthetic reasons. 7. On or about January 14, 1998, the Respondent referred Patient T.W., to an endodontist for evaluation of tooth #3. 8. On or about February 6, 1998, the Respondent fabricated a new crown for Patient TWs tooth #3. The Respondent placed the crown on or around February 25, 1998. ) 9. On or around July 20, 1998, Patient T.W. presented to the Respondent with tooth #4 fractured. 10. Onor about July 20, 1998, the Respondent recommended a root canal and crown preparation for tooth #4. 4 ‘ 11, Onor around July 28, 1998, Patient T.W. canceled a scheduled appointment for root canal and crown preparation. - 12° Jn or around October 1998, Patient T.W: sought dental treatment from a subsequent dentist. — timely manner. : : = one Bete eee . q 5. The Respondent's dental progress notes for Patient T.W. were limited. eae ae ee oe ae ore og | 16. | The Respondent’s treatment plan for Patient T.W. did not justify the course of treatment. COUNT I 17. _ Petitioner realleges and incorporates by reference the foregoing allegations as if fully stated herein. . 18. 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)(n), Florida Statutes, for failing to make available to a patient or client, or to her or his legal representative or to the department if authorized in writing by the patient, copies of documents in the possession or under control of the licensee which relate to the patient or client. ‘COUNT. 19. Petitioner realleges: and incorporates by “reference the allegations ‘contained in 4 \ paragraphs 0 one ©) through sixteen (6. e Re: ondent’s li e to practice dentistry in the State of ; ; Florida i is Subject to discipline ursuant to Section 466.028 (1m), Florida Statutes, for fang to to keep written dental records and medica at history records S justifying th thee course of treatment of - fe — ye if taken. CTE RT oe se ee ere wed 4% U Tae 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 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. i i SIGNED anid th, day of Mey 2000. weoee sv aneRObert -G. Brooks, M.D, — ance eee ne eee Secretary, Department of Health BY: Nancy M. Snurkowski Chief Attorney : Agency for Health Care , ’ Administration . COUNSEL FOR PETITIONER: John L. Chaves . on Senior Attorney F | LE D , SE na DEPARTMENT OF HEALTH Agency for Health Care DEPUTY CLERK , Administration on ° “Post Office Box 1429, mail stop three CLERK iti ReMi Tallaly a 32317-4229 pate_ 2A fal fe? i ~ (904) 41 0-3467 ~ JLC/elt PCP: Garcia, Robinson, & Fisher oa _. MARGARET KLINGELE, DN Case Number: 1998-23063 ce oe _ Date: November 9, 1999 : . ‘ a Se

Docket for Case No: 00-001884
Issue Date Proceedings
Oct. 27, 2000 Order Closing File issued. CASE CLOSED.
Oct. 23, 2000 Motion to Hold Case in Abeyance (filed by Petitioner via facsimile).
Oct. 03, 2000 Notice of Cancellation of Deposition Duces Tecum of R. Dodd filed.
Oct. 03, 2000 Notice of Cancellation of Deposition of T. Wright filed.
Oct. 03, 2000 Notice of Cancellation of Deposition Duces Tecum of T. Shields filed.
Sep. 28, 2000 Notice of Taking Deposition Duces Tecum of R. Dodd filed.
Sep. 28, 2000 Notice of Taking Deposition of T. Wright filed.
Sep. 28, 2000 Notice of Taking Deposition Duces Tecum of T. Shields filed.
Sep. 13, 2000 Respondent`s Notice of Hearing Conflict filed.
Aug. 17, 2000 Subpoena Duces Tecum Without Deposition filed.
Aug. 17, 2000 Notice of Production from Non-Party filed.
Jul. 24, 2000 Respondent`s Notice of Service of Answers to Petitioner`s Expert Witness Interrogatories filed.
Jul. 20, 2000 Respondent`s Response to Petitioner`s Request to Produce filed.
Jul. 14, 2000 Petitioner`s Response to Respondent`s Request to Produce. (filed via facsimile)
Jul. 14, 2000 Petitioner`s Response to Respondent`s Expert Witness Interrogatories. (filed via facsimile)
Jul. 12, 2000 Order of Pre-hearing Instructions sent out.
Jul. 12, 2000 Notice of Hearing sent out. (hearing set for November 14 and 15, 2000; 9:00 a.m.; Orlando, FL)
Jul. 03, 2000 Order of Consolidation sent out. (consolidated cases are: 00-001883, 00-001884, 00-001922)
Jun. 13, 2000 Notice of Serving of Petitioner`s Request to Produce and Expert Interrogatories (R. Lovejoy filed via facsimile) filed.
May 12, 2000 Joint Response to Initial Order (filed via facsimile).
May 08, 2000 Initial Order issued.
May 03, 2000 Agency Referral Letter filed.
May 03, 2000 Election of Rights filed.
May 03, 2000 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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