Petitioner: DEPARTMENT OF HEALTH, BOARD OF DENTISTRY
Respondent: STEVEN C. HEWETT, D.D.S.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Orlando, Florida
Filed: Mar. 19, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 10, 2007.
Latest Update: Dec. 23, 2024
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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.
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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
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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
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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
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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
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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
Issue Date |
Proceedings |
Aug. 10, 2007 |
Order Closing File. CASE CLOSED.
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Jul. 20, 2007 |
Joint Motion to Relinquish Jurisdiction with Leave to Reopen filed.
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Jul. 13, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for September 24 and 25, 2007; 9:00 a.m.; Orlando, FL).
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Jul. 12, 2007 |
Notice of Cancellation of Taking Deposition Duces Tecum in Lieu of Live Testimony (of K. Haufe) filed.
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Jul. 12, 2007 |
Notice of Cancellation of Taking Deposition Duces Tecum (of M. Davis) filed.
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Jul. 10, 2007 |
Joint Motion to Continue filed.
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Jul. 10, 2007 |
Notice of Cancellation of Taking Deposition Duces Tecum filed.
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Jul. 09, 2007 |
Notice of Service of Petitioner`s Response to Respondent`s Third Request for Production to Petitioner filed.
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Jul. 05, 2007 |
Notice of Cancellation of Taking Deposition (of N. Roofner) filed.
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Jul. 02, 2007 |
Notice of Taking Deposition filed.
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Jun. 29, 2007 |
Respondent`s, Steven Hewett, D.D.S., Response to Petitioner`s Second Request to Produce filed.
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Jun. 21, 2007 |
Petitioner`s Objections to Identified Interrogatories from Respondent`s Second Set of Interrogatories to Petitioner filed.
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Jun. 21, 2007 |
Petitioner`s Objections to Identified Interrogatories from Respondent`s First Set of Interrogatories to Petitioner filed.
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Jun. 21, 2007 |
Notice of Service of Petitioner`s Answers to Identified Interrogatories from Respondent`s First and Second Set of Interrogatories to Petitioner filed.
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Jun. 14, 2007 |
Notice of Production from Non-Party filed.
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Jun. 13, 2007 |
Notice of Taking Deposition Duces Tecum (of H. Chasolen) filed.
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Jun. 13, 2007 |
Notice of Taking Deposition Duces Tecum (of M. Davis) filed.
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Jun. 13, 2007 |
Notice of Taking Deposition Duces Tecum in Lieu of Live Testimony (of K. Haufe) filed.
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Jun. 11, 2007 |
Respondent`s Amended Notice of Taking Deposition Duces Tecum of Patient M.C., filed.
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Jun. 11, 2007 |
Respondent`s Third Request for Production to Petitioner filed.
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Jun. 07, 2007 |
Respondent`s, Steven Hewett, D.D.S. Objection to Duces Tecum filed.
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Jun. 04, 2007 |
Notice of Taking Expert Deposition Duces Tecum filed.
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Jun. 04, 2007 |
Order on Deposition Scheduling.
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Jun. 04, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for July 31 and August 1, 2007; 9:00 a.m.; Orlando, FL).
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Jun. 01, 2007 |
Notice of Taking Deposition Duces Tecum (S. Hewett) filed.
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Jun. 01, 2007 |
Respondent`s Notice of Cancellation of Deposition of Patient, M.C. filed.
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Jun. 01, 2007 |
(Petitioner`s) Notice of Service of Discovery (Second Request for Production of Documents) filed.
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May 30, 2007 |
CASE STATUS: Motion Hearing Held. |
May 30, 2007 |
Notice of Filing; Correspondence Exhibit K.
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May 30, 2007 |
Notice of Filing; Correspondence Exhibits I & J filed.
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May 29, 2007 |
Notice of Filing; Correspondence Exhibits A through H, filed.
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May 29, 2007 |
Subpoena for Deposition Duces Tecum (M. Cannaday) filed.
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May 29, 2007 |
Respondent`s Notice of Taking Deposition Duces Tecum of Patient, M.C. filed.
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May 23, 2007 |
Petitioner`s Motion for Pre-hearing Order Governing Deposition Scheduling filed.
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May 23, 2007 |
Petitioner`s Response to Respondent`s Second Request for Production filed.
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May 21, 2007 |
Order on Motion to Expand Number of Interrogatories.
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May 18, 2007 |
Petitioner`s Objections to Respondent`s First Request for Production filed.
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May 18, 2007 |
Notice of Service of Petitioner`s Response to Respondent`s First Request for Production to Petitioner filed.
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May 17, 2007 |
Petitioner`s Response to Respondent`s Motion to Expand Number of Interrogatories filed.
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May 16, 2007 |
Motion to Expand Number of Interrogatories filed.
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May 11, 2007 |
Petitioner`s Objection to Respondent`s Second Set of Interrogatories to Petitioner filed.
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May 11, 2007 |
Petitioner`s Objection to Respondent`s First Set of Interrogatories to Petitioner filed.
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May 07, 2007 |
Respondent`s, Steven Hewett, D.D.S., Supplemental Response to Petitioner`s Request to Produce filed.
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May 02, 2007 |
Notice of Production from Non-Parties filed.
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Apr. 26, 2007 |
Respondent`s Second Request for Production to Petitioner filed.
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Apr. 26, 2007 |
Respondent`s Notice of Service of Second Interrogatories to Petitioner filed.
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Apr. 23, 2007 |
Respondent`s, Steven Hewett, D.D.S., Notice of Service of Answers to Petitioner`s First Set of Interrogatories filed.
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Apr. 23, 2007 |
Respondent`s, Steven Hewett, D.D.S. Response to Petitioner`s Request to Produce filed.
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Apr. 23, 2007 |
Respondent`s, Steven Hewett, D.D.S., Response to Petitioner`s First Request for Admissions filed.
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Apr. 19, 2007 |
Notice of Service of Interrogatories filed.
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Apr. 19, 2007 |
Respondent`s First Request for Production to Petitioner filed.
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Apr. 12, 2007 |
Order of Pre-hearing Instructions.
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Apr. 12, 2007 |
Notice of Hearing (hearing set for July 17 and 18, 2007; 9:00 a.m.; Orlando, FL).
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Mar. 30, 2007 |
Notice of Appearance as Counsel (filed by Jeffrey M. Thompson).
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Mar. 29, 2007 |
Notice of Appearance of Co-Counsel (filed by W. Mitchell).
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Mar. 27, 2007 |
Joint Response to Initial Order filed.
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Mar. 20, 2007 |
Initial Order.
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Mar. 20, 2007 |
Notice of Service of Discovery filed.
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Mar. 19, 2007 |
Notice of Appearance (filed by W. Schiefelbein).
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Mar. 19, 2007 |
Letter to W. Schiefelbein from J. Thompson regarding correction to Election of Rights).
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Mar. 19, 2007 |
Election of Rights filed.
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Mar. 19, 2007 |
Administrative Complaint filed.
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Mar. 19, 2007 |
Agency referral filed.
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