Aug 28 2007 3:35 AUG-28-2687 89: AHCA P.BS STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2006-33854 GREGORY C. GALLAND, D.M.D, RESPONDENT. / IN TI OMPLAINT COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the ' Board of Dentistry against Respondent, Gregory C. Galland, D.M.D,, 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 5908. Aug 28 2007 3:35 AUIG-28-2087? Ota AHCA P.@6 3. Respondent's address of record is 848 N.E. 20 Ave, Ft, Lauderdale, Florida 33304. | 4. Respondent provided dental treatment to Patient M.P. of or about September 6, 2006, and on or about September 11, 2006. | 5. On or about September 6, 2006, Patient M.P. presented to Respondent upon a referral from a prior treater, Patient M.P. had experienced discomfort in the area of his lower anterior teeth. 6. Respondent provided root canal therapy on tooth number 24. 7. — Respondent did not record a medical or dental history for Patient M.P, consent for the treatment, or a post-operative x-ray of tooth number 24. 8. Respondent recorded in his notes for Patient M.P. that he administered carbocaine, but did not record how much carbocaine. 9. Respondent did not record in his treatment notes any diagnostic findings supporting treating tooth number 24 with root canal therapy. 10. Respondent did not record what he used to obturate the canal of tooth number 24, or what he used to fill the canal. 11. Patient M.P. continued to experience discomfort in the area of his lower anterior teeth. . 2 = J;\PSU\Medical\Jamie Ito\Dentistry Cases\Galland, Gregory (x) (RCT) AC\Gatland AC (m) (x),.doe DOH v Gregory Galland, D.D.S./D.M.D.; Case # 2006-33854 Aug 28 2007 3:36 AUIG-28-2087 Bole AHCA 12. On or about September 11, 2006, Patient M.P. presented to Respondent. Respondent's treatment notes indicate that tooth number 22. was “worn to pulp;” and sensitive to heat, cold and percussion. 13. Respondent provided root canal therapy on tooth number 22, but did not record what type of or how much anesthetic he used, the length of the canal, what he used to obturate the canal or what he used ‘to fill the canal. Respondent did not take a post-operative x-ray of tooth number 22, 14. The prevailing standard of care when providing endodontic treatment requires that a dentist record in his treatment notes sufficient diagnostic detail to support root canal therapy; details of treatment: including the length of the canal(s), what materials are used to obturate and fill the canal(s), and what type of and how much anesthetic is used. The prevailing standard of care further requires that a dentist providing endodontic treatment take a post-operative x-ray of the tooth treated in order to permit the dentist placing a final restoration on the tooth to adequately evaluate the tooth. -3- J:\PSU\Medical\Jamie Ito\Dentistry Cases\Galland, Gregory (x) (RCT) AC\Galland AC (mm) (x).doe DOH v Gregory Galland, D.D.S,/D.M.D.; Case # 2006-33854 Aug 28 2007 8:37 AUIG-28-2087 Ole AHCA P.@8 UNT ON 15. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 16. Section 466.028(1)(m), Florida Statutes (2006), provides that : failing to keep written dental records and medical history records’ justifying , the course of treatment of the patient including, but not limited to, patient histories, examination results, test results, and X rays, if taken, constitutes grounds for disciplinary action by the Board of Dentistry. 17. Rule 64B5-17.002, Florida Administrative Code, provides that for the purpose of implementing the provisions of Section 466,028(1)(m), Florida Statutes, a dentist shall maintain written records on each patient which written records shall contain appropriate medical history; the results of clinical examination of the patient and tests conducted, including the identification, or lack thereof, of any oral pathology or diseases; any radiographs used for the diagnosis or treatment of the patient; treatment plan proposed by the dentist; and treatment rendered to the patient. 18, Respondent failed to keep written dental records and medical history records justifying the course of treatment of Patient M.P. in one or more of the following ways: -4q- J:\PSU\Medical\Jamie Ito\Dentistry Cases\Galland, Gregary (x) (RCT) AC\Galland-AC (m) (x).doe DOH v Gregory Galland, D.D,S./D.M.0,; Case # 2006-33854 Aug 28 2007 8:37 ALIG-28-288'7 a9! a3 AHCA P.@9 a. Failing to record a medical or dental history for - Patient M.P.; b. Failing to record how much carbocaine he administered during root canal therapy of Patient M.P’s tooth number 24 on or about September 6, 2006; c. Failing to record diagnostic findings supporting treating Patient M.P’s tooth number 24 with root | canal therapy on or about September 6, 2006; d. Failing to record what he used to obturate the canal of tooth number 24, or what he used to fill the canal, during root canal therapy of Patient M.P’s tooth number 24 on or about September .6, 2006; e. Failing to record a post-operative x-ray of tooth after root canal therapy of Patient M.P’s tooth number 24 on or about September 6, 2006; f. Failing to record the length of the canal, what he used to obturate the canal or what he used to fill the canal of Patient M.P’s tooth number ?2 when he treated the tooth with root canal therapy on or about September 11, 2006; g. Failing to record what type of or how much anesthetic he used when treating Patient M.P’s tooth number 22 with root canal therapy on. or about September 11, 2006; and/or h, Failing to take a post-operative x-ray of the tooth after root canal therapy on Patient M.P’s tooth number 22 on or about September 11, 2006. 19. Based on the foregoing, Respondent has violated Section 466.028(1)(m), Florida Statutes (2006), by failing to keep written dental ’ . - 5 _ J:\PSU\Medical\Jamie Ito\Dentistry Cases\Galland, Gregory (x) (RCT) AC\Galland AC (mii) (x).doc DOH v Gregory Galland, 0.0.5./D.M.D,; Case # 2006-33854 Aug 28 2007 3:33 AUIG-28-2087 BO: Bd AHCA records and medical history records justifying the course of treatment o 4 Patient M.P. COUNT TWO 20. Petitioner realleges and incorporates paragraphs ‘one (1) through fourteen (14) as if fully set forth herein. 21. Section 466.028(1)(x), Florida Statutes (2006), 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 limited to, the undertaking of diagnosis and treatment for which the dentist is not 4 qualified by training or experience or being guilty of dental malpractice constitutes grounds for disciplinary action by the Board of Dentistry. 22. Respondent failed to meet the minimum standards of “ 3 performance in diagnosis and treatment when measured against generally prevailing peer performance in one or more of the following ways: a. Failing to record sufficient diagnostic detail: to support root canal therapy of Patient M.P’s tooth number 24 on or about September 6, 2006; b. Failing to record sufficient diagnostic detail to support root canal therapy of Patient M.P’s tooth number 22 on or about September 11, 2006; -6- J:\PSU\Medical\ Jamie Ito\Dentistry Cases\Galland, Gregory (x) (RCT) AC\Galland AC (m) (x).doc DOH v Gregory Galland, D.D.S./D.M.D.; Case # 2006-33854 Aug 28 2007 3:39 AUIG-28-2087 BO: Bd AHCA Pat c. Failing to record details of treatment including the length of the canal, what materials were used to obturate and fill the canal, what type of and how much anesthetic was used during root canal therapy of Patient M.P’s tooth number 24 on or about September 6, 2006; d. Failing to record details of treatment including what materials were used to obturate and fill the canal, and how much anesthetic was used during root canal therapy of Patient M.P’s tooth number 22 on or about September 11, 2006; e. Failing to take a post-operative x-ray of Patient M.P’s tooth number 24 after root canal therapy on or about September 6, 2006; and/or f. Failing to take a post-operative x-ray of Patient | M.P’s tooth number 22 after root canal therapy: on or about September 11, 2006. 23. Based on the foregoing, Respondent has violated Section 466.028(1)(x), Florida Statutes (2006), 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: 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: . -7- J:\P5U\Medical\Jamie Ito\Dentistry Cases\Galland, Gregory (x) (RCT) AC\Galland AC (mt) (x).doc DOR v Gregory Galland, D.D.$./D.M.D.; Case # 2006-33854 Aug 28 2007 3:39 AUIG-28-2087 9:85 AHCA P.1e 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 IH N day of _\ ling. , 2007. Ana M. Viamonte Ros, M.D., M.P.H. Secretary of Health he Sub Jamie Ito Assistant General Counsel DOH Prosecution Services, Unit 4052 Bald Cypress Way, Bin ’C-65 ay] En Tallahassee, FL 32399-3265 eseeeaa im i Florida Bar No. 13553 OPPARTMEN 7 _ BER TERS 850.245.4640 Ext, 8178 CLERK: Ieee, 850.245.4683 FAX DATE’ we aeanen) pep: ¢/f/ 67 PCP Ze IT, GM, FS DOH v Gregory Galland, D.M.D.; Case # 2006-33854 . 8 _ J:\PSU\Medical\Jamie Tto\Dentistry Cases\Galland, Gregory (x) (RCT) AC\Galland AC (m)(x).doc DOH v Gregory Galland, D.M.D.; Case # 2006-33854 Aug 28 200° 3:40 AUIG-28-2887 89:66 AHCA 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 impesed. DOH v Gregory Galland, D.M.D.; Case # 2006-33854 Te J:\PSU\Medical\Jamie Ito\Dentistry Cases\Galland, Gregory (x) (RCT) AC\Galland AC (im}-(x).doc DOH v Gregory Galland, D.M.D.; Case # 2006-33854 TOTAL P.13

Docket for Case No: 07-003879PL