Jun 22 2007 3:45 JUN-22-2087 @9f11 AHCA P.a@2 STATE OF FLORIDA DEPARTMENT OF HEALTH . DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2006-03192 QAYYUM KHAMBATY, DDS, RESPONDENT. a | DMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Dentistry against Respondent, Qayyum Khamba, DDS, and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of dentistry pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 466, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed dentist within the State of Florida, having been issued license number DN 10323. Jun 22 2007 3:45 JUN-22-2087 @Of11 AHCA 3. Respondent’s address of record is 6333 State Road 54, New Port Richey, Florida 34653. 4. Respondent provided dental treatment for B.E. from on or about November 9, 2005, through on or about January 5, 2006. 5. On or about November 9, 2005, Patient B.E. presented to Respondent as a new patient for upper and lower dentures. Respondent took impressions. Patient B.E. had recently had all of her remaining teeth extracted by a prior treater. 6. On or about November 22, 2005, Patient B.E. presented to Respondent for a wax try-in of the upper and lower dentures. 7. On or about December 1, 2005, Patient B.E. presented to Respondent who inserted the upper and lower dentures. Respondent's treatment notes for Patient B.E. state the dentures fit and looked good, and that he advised Patient B.E. to call him if she needed further adjustments. 8. On or about January 5, 2006, Patient B.E. presented to Respondent complaining that the dentures were loose and uncomfortable. Respondent provided an adjustment and informed Patient. B.E. that the -2- J:\PSU\Medical\Jamie Ito\Dentistry Cases\Khambaty, Quayyum (x) (dentures) AC\Khambaty AC.(x).doc DOH v Qayyum Khambaty, DDS; Case # 2006-03192 Jun 22 2007 3:47 JUN-22-2087 9:12 AHCA P.a4 lower dentures could take time before they fit optimally. Respondent told Patient B.E. to call him if she needed further adjustments. 9. Patient B.E. did not return to Respondent. Patient B.E. discontinued using the dentures fabricated by Respondent, and instead wore her older dentures. 10. On or about May 23, 2006, an expert for the Department performed a clinical examination of Patient B.E. and the dentures fabricated by Respondent. The examination revealed that when Patient B.E. attempted to close her mouth with the dentures in, the upper anterior teeth were in too forward a position (an overjet) and her anterior bite was open. The open anterior bite made it difficult for Patient B.E. to chew. According to the Department's expert, Respondent fabricated substandard dentures for Patient B.E. that could not be corrected with adjustments. 11. The prevailing standard of care when fabricating dentures requires that a dentist fabricate dentures with an appropriate bite and solid occlusion. “TZ. Section 466.028(1)(x), Florida Statutes (2005), provides that being guilty of incompetence or negligence by failing to meet the minimum standards of performance in diagnosis and treatment when measured . . . - 3 ~ J:\PSU\Medicaljamie Ito\Dentistry Cases\Khambaty, Quayyurn (x) (dentures) AC\Khambaty AC (x).doc DOH v Qayyum Khambaty, DDS; Case # 2006-03192 Jun 22 2007 3:47 JUN-22-2087 9:12 AHCA P.@S 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 constitutes grounds for disciplinary action by the Board of Dentistry. 13. 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 fabricated and placed upper and lower dentures with an open anterior bite in Patient B.E.’s mouth; and/or b. Respondent fabricated and placed upper and’ lower dentures with an overjet in Patient B.E.’s mouth; and/or c. Respondent fabricated and placed substandard upper and lower dentures that could not be corrected with adjustments in Patient B.E.'s mouth. 14. Based on the foregoing, Respondent has violated Section 466.028(1)(x), Florida Statutes (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, including, but not limited to, the undertaking of diagnosis -4G- J:\PSU\Medical\Jamie Ito\Dentistry Cases\Khambaty, Quayyum (x) (dentures) AC\Khambaty AC (x).doc DOH v Qayyum Khambaty, DDS; Case # 2006-03192 Jun 22 2007 3:48 JUN-22-2087 9915 AHCA P.@6 and treatment for which the dentist is not qualified by training or experience or being guilty of dental malpractice. WHEREFORE, Petitioner respectfully requests that the Board of Dentistry enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this Vy I aay of _| ) ’ WA , 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health DEP Jamie Ito fy me sie an Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 | Florida Bar No. 13553 850.245.4640 Ext. 8178 850.245.4683 FAX DATE. ipl oaly, PCP: e/ae/ 06 PCP Members: Gat, wa, 377 -5=— J:\PSU\Medical\Jamie Ito\Dentistry Cases\Khambaty, Quayyurt (x) (dentures) AC\Khambaty. AC (x).doc DOH v Qayyum Khambaty, DDS; Casa, # 2006-03192 Jun 22 2007 3:49 JUN-22-2087 9:14 AHCA P.a? 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 Qayyum Khambaty, DDS; Case # 2006-03192 -6- J:\PSU\Madical\Jamie Tho\Dentistry Cases\*Closed Dentistry Cases\Khambaty, Quayyum {x) (dentures) AC\Khambaty, AC (x).doc DOH v Qayyum Khambaty, DDS; Case # 2006-03192

Docket for Case No: 07-002774PL