Mar 19 200? 16:28 MAR-19-2087 15:52 AHCA STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2006-01147 STEVEN C. HEWETT, D.D.S., RESPONDENT. en | ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, by and through its: undersigned counsel, and files this Administrative Complaint before th Board of Dentistry against Respondent, Steven C. Hewett, D.D.S., and in: support thereof alleges: 1. Petitioner is the state department charged with regulating th practice of dentistry pursuant to Section 20.43, Florida Statutes; Chapte 456, Florida Statutes; and Chapter 466, Florida Statutes. 2. At all times material to this Complaint, Respondent was licensed dentist within the State of Florida, having been issued licens number DN 11996, | 3. Respondent's address of record is 155 Second Stree Southwest, Winter Haven, Florida 33880. Mar 19 200? 16:29 MAR-19-2087 15:53 AHCA P.@3 4. On or about January 17, 2005, Patient M.C.,, a 55 year-old female, presented to Respondent for consultation for dental treatment. 5. Onor about March 10, 2005, Respondent took study models of ; Patient M.C. . 6. On or about May 7, 2005, Respondent extracted Patient M.C.'s » teeth number 2 through 16. Also on that date, the Respondent delivered a : denture to the Patient. 7. On or about June 30, 2005, Respondent extracted Patient: M.C/s teeth number 17, 18, 22, 23, 24, 25, 26, 31 and 32. 8. Patient M.C. reported that the upper maxillary denture did not “fit” properly and had poor retention. 9. Consequently, Patient M.C. re-presented to the Respondent fo additional adjustments to the newly delivered upper maxillary denture: ; These adjustments included the reshaping of the denture by various ; means including grinding and cutting as well as the addition of soft liners. 10. After these additional adjustments, the denture was still il fitting and significantly modified. This resulted in a continued unsatisfactory “fit” or retention of the denture for Patient M.C. This caused : problems for Patient M.C. including poor speech, gagging and too full : appearance. Further the posterior border for the denture is short and the. : DOH v. Steven C. Hewett, 0.0.5., Case no. 2006-01147 : JAPSU\Medical\Dentistry\Schiefalbein\Dental Cases\Hewett (x) 2006-01147\Hewett (x) AC.doc Page 2 Mar 19 200? 16:29 MAR-19-2087 15:53 AHCA distal lateral peripheries (back right and left sides of the denture base) were under extended. 11, The soft liners the Respondent placed in the dentures provided Patient M.C., post delivery, did not improve the fit or function of the dentures, 12. The minimum standards of performance in diagnosis and . treatment when measured against generally prevailing peer performance require that dentures be fabricated and adjusted in such a fashion as to be of proper proportion or size for the patient, and include posterior border or extension which is properly extended into the lateral tuberosity and hamular notch areas (from right to left) to assure proper retention. 13. The minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance require that when placing soft liners material in a denture, that the material be properly adapted and appropriately trimmed and refined on the borders-of the denture. nc 14. Section 466.028(1)(x), Florida Statutes (2004-2005), provides that being 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 DOH v, Steven C. Hewett, D.D.S., Case no. 2006-01147 J\PSU\MedicallDentistry\Schiefelbein\Dental Cases\Hewett (x) 2006-0114 7\Hewatt (x) AC.doc Page 3 Mar 19 200? 16:30 MAR-19-2087 15:54 AHCA PBS limited to, the undertaking of diagnosis and treatment for which the dentist is not qualified by training or experience, constitutes grounds for . disciplinary action by the Board of Dentistry. 15. Respondent failed to meet the minimum standards of performance in diagnosis and treatment when measured against generally : prevailing peer performance in one or more of the following ways: a. Respondent failed to provide an adequate complete denture service for an immediate insertion delivery patient; b. Respondent failed to provide appropriate and effective care and treatment after delivery of the immediate denture in that he failed to properly adjust the denture to attain optimum fit, form and function for the denture; and/or c. Respondent failed to properly reline the denture with properly adapted and trimmed rnaterials. 16. Based on the foregoing, Respondent has violated Section 466.028(1)(x), Florida Statutes (2004-2005), by being 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. DOH v. Steven C. Hewett, D.D.5., Case no. 2006-01147 JAPSU\Medical\Dentistry\Schiefelbein\Dental Cases\Hewett (x) 2005-0114 7\Hewett (x) AC.doc Page 4 Mar 19 200? 16:30 MAR-19-2087 15:54 AHCA P.@6 permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other rellef that the Board deems appropriate. SIGNED this > 2 aay of Octo bee , 2006. M. Rony Francois, M.D., M.S.PH., Ph.D. Secretary, Department of Health we &. (a ayne L. Schiefelbein Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 265047 Ph.: (850) 245-4444 EBC/WLS ee wee PCP: 10/3 4/0 € PCP Members: @/47, WR, 7 DEPARTMENT OF HEALTH DEPUTY CLERK CLERK. dhs ; DATE DOH v. Steven C. Hewett, D.D.S., Case No. 2006-01147 DOH v. Steven C. Hewett, D.D.5., Case no. 2006-01147 JAPSU\Medical\Dentistry\Schiefelbein\Dental Gases\Hewett (x) 2006-01147\Hewett (x) AC.doc Page 5 Mar 19 200? 16:31 MAR-19-2087 15:55 AHCA Pa? NOTICE OF RIGHTS Respondent has the right to request a hearing to be. conducted in accordance with Section 120.569 and 120.57, . Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred . costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. DOH v STEVEN C. HEWETT, D.D.S., Case No. 2006-01147 DOH v. Steven C, Hewett, D.D.5., Case no. 2006-01147 J\PSU\Medical\Dentistry\Schiefelbein\Dental Cases\Hewett (x) 2006-01147\Hewett (x) AC.doc Page 6

Docket for Case No: 07-001284PL