w . . ww STATE OF FLORIDA PILED DEPARTMENT OF HEALTH OOMAY 26 PH 3:48 DEPARTMENT OF HEALTH, DIVISION OF ADMINISTRATIVE PETITIONER, HEARINGS vs. CASE NUMBER: 1998-18925 MARISA FRANCESCHL, D.D.S., OO~ a a / 7 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 MARISA FRANCESCHI, D.DS., 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, 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 ee ‘he emergency orders of suspension or restriction. 2. Respondent i is, and has been at all times material hereto, a licensed dentist in the State of Florida, having been issued license number DN 0013763. Respondent's last known address is 2906 Spanish Circle #203, Tampa, Florida 33629. 3. Patient L.D. was a dental patient of record with Dr. Jerry Reynolds. 4, Dr. Reynolds retired from practicing dentistry in or around 1997. Nw : ) w 5. Coast Dental bought Dr. Reynolds’ dental practice. | 6. The Respondent was an employee of Coast Dental and worked from Dr. Reynolds’ ° former office. . 7. After Coast Dental took over Dr. Reynolds’ dental practice Patient L.D. chose to seek dental treatment elsewhere and requested her dental records from the Respondent. 8. The Respondent did not comply with Patient L.D.’s request. 9. In or around September 1998, an agency investigator contacted the Respondent’s office to inquire about Patient L.D.’s dental records. 10. The agency investigator was informed that Patient L.D. ’s dental records would be forwarded to her for a copying fee or to her current dentist at no charge. ™ 11. As of October 14, 1998, neither Patient L.D., nor her current dentist had received her dental records. 12. | Onor about October 21, 1998, Patient L.D. received a copy of her dental records. 13. 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. 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 and costs, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED tn dey of ae , 2000. Robert G. Brooks, M.D. Secretary, Department of Hgalth BY: Nancy M. Snurko Chief Attomey Agency for Health Care Administration COUNSEL FOR AGENCY John L. Chaves . Senior Attomey Agency for Health Care DEPARTMENT OF H Administration DEPUTY CLERK Practitioner Regulation CLERK Uehi R Mine P. O. Box 14229, mail stop 39 pare Sod Qa0e Tallahassee, Florida 32317-4229 SS (850) 410-3467 DATE: January 27, 2000

Docket for Case No: 00-002217