Feb 4 2009 11:44 FEB-@4-2089 12:25 AHCA STATE OF FLORIDA. DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO.: 2006-32844 RONALD ASKOWITZ, DDS, | RESPONDENT. ADMINISTRATIVE 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, Ronald Askowitz, 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 3884, 3. Respondent's address of record is 16484 NE 27" Avenue, North Miami Beach, Florida 33160. 4002 0 ¢ Yay Feb 4 2009 11:45 FEB-@4-2089 12:25 AHCA P.@3 4. Onor about August 12, 2005, Respondent entered into a Dental Management Agreement with King of the Gold Crowns II, LLC [hereinafter King]. Under the agreement, Respondent was to “provide dental treatment, supervision, employee hiring and policy establishment” at a “dental facility” established by King. According to the agreement, Respondent was to be paid $300.00 per month. 5. The “dental facility” referenced in the Dental Management - Agreement was a booth located at Flea Market USA, 3015 NW 79" Street, Miami, Florida 33147, Among other merchandise, this business sold cosmetic dental appliances, or “grilz.” 6. Part of the procedure of making grilz is to take intraoral ‘impressions. 7. Section 466.003(3)(a)-(c), Florida Statutes (2006), provides _that "dentistry" means the healing art which is concerned with the examination, diagnosis, treatment planning, and care of conditions within the human oral cavity and its adjacent tissues and structures ... The term "dentistry" shall also include the following: (a) The taking of an impression of the human tooth, teeth, or jaws directly or indirectly and by any means or method. (b) Supplying artificial substitutes for the natural teeth or J:\PSU\Medical\Jamie Ito\Dentistry Cases\Askowltz, Ronald (2) (grillz) AC\Askowitz AC (x) (z) (g) and (m).doc DOH y Ronald Askowltz, DDS; Case # 2006-32844 Feb 4 2009 11:45 FEB-@4-2089 12:25 AHCA P.a4 furnishing, supplying, constructing, reproducing, or repairing any prosthetic denture, bridge, appliance, or any other structure designed to be worn in © the human mouth except on the written work order of a duly licensed dentist. (c) The placing of an appliance or structure in the human mouth or the adjusting or attempting to adjust the same. 8. Respondent provided a copy of his dental license and a copy of his driver's license to King. 9. King purported to provide the grilz procedures under the supervision of Respondent by retaining a copy of Respondent's dental license, a copy of his driver's license, and a copy of the employment agreement signed by Respondent on August 12, 2005. 10. Between February 22, 2006, and October 11, 2006, Respondent was rarely, if ever, present at the “dental facility.” During this time, unlicensed individuals engaged in the practice of dentistry at the King booth by taking impressions of teeth and fabricating and selling grilz. 11. On or about October 11, 2006, an undercover agent with the Miami-Dade Police Department presented to the King booth. An unlicensed individual offered to take impressions of the undercover agent’s teeth in order to fabricate grilz for his front six mandibular teeth. The undercover agent paid the required fee and was led to the rear of the King establishment where J:\PSU\Madical\Jamie Ito\Dentistry Cases\Askowitz, Ronald (z) (grillz) AC\Askowitz AC (x) (z) (g) and (m).doc DOH v Ronald Askowitz, DDS; Case # 2006-32844 Feb 4 2009 11:45 FEB-@4-2089 12:26 AHCA P.@S the unlicensed individual began to prepare for the procedure. The undercover agent then placed the unlicensed individual under arrest for the unlicensed practice of dentistry. 12. The minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance require that a dentist only delegate professional responsibilities to a person who is qualified by training, experience, or licensure to perform them. COUNTI 13. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 14. Section 466.028(1)(g), Florida Statutes (2006), provides that aiding, assisting, procuring, or advising any unlicensed person to practice dentistry or dental hygiene contrary to this chapter or to a rule of the department or the board constitutes grounds for disciplinary action by the Board of Dentistry. 15, Respondent aided an unlicensed person in the practice of dentistry by entering into an employment contract under which he was responsible for the professional dental services to be provided by King, and J:\PSU\Medical\Jamie Ite\Dentistry Cases\Askowitz, Ronald (z) (grillz) AC\Askowltz AC (x) (Z) (g) and (m).doc DOH v Ronald Askowltz, DDS; Case # 2006-32844 FEB-@4-2089 12:26 AHCA Feb 4 2009 11:45 then allowing unlicensed individuals to perform those services at a booth operated by King, 16. Based on the foregoing, Respondent has violated Section 466.028(1)(g), Florida Statutes (2006), by aiding, assisting, procuring, or advising any unlicensed person to practice dentistry. COUNT II | 17. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 18. 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. 19, Respondent failed to keep written dental records and medical history records justifying the course of treatment for customers of King by failing to keep records of any dental treatment provided at the booth operated by King. 20, Based on the foregoing, Respondent has violated Section 466.028(1)(m), Florida Statutes (2006), by failing to keep written dental J:\PSU\Medical\Jamie Tto\Dentistry Cases\Askowitz, Ronald (z) (grlliz) AC\Askowltz AC (x) (Z) (9) and (m)doc DOH v Ronald Askowitz, DDS; Case # 2006-32844 Feb 4 2009 11:45 FEB-@4-2089 12:26 AHCA Pa? records and medical history records justifying the course of treatment of the patients of King. COUNT III 21. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 22, 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 qualified by training or experience or being guilty of dental malpractice constitutes grounds for disciplinary action by the Board of Dentistry. 23. Respondent ‘failed to meet the minimum = standards of performance in diagnosis and treatment when measured against generally prevailing peer performance by delegating dental treatment to an individual who did not have a license to practice dentistry. 24. 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 1:\PSU\Medical\Jamie Ito\Dentistry Cases\Askowitz, Ronald (z) (grillz) AC\Askowitz AC (x) (z) (g) and (m).doe DOH v Ronald Askowltz, DDS; Case # 2006-32844 Feb 4 2009 11:45 FEB-@4-2889 12:2? AHCA P.@8 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. COUNT IV 25. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 26. Section 466.028(1)(z), Florida Statutes (2006), provides delegating professional responsibilities to a person who is not qualified by training, experience, or licensure to perform them, constitutes grounds for disciplinary action by the Board of Dentistry. 27. Respondent delegated professional responsibilities to one not qualified by training, experience, or licensure to perform the responsibilities by delegating dental treatment to an individual who was not licensed to practice dentistry. 28. Based on the foregoing, Respondent has violated Section 466.028(1)(z), Florida Statutes (2006), by delegating professional responsibilities to a person who is not qualified by training, experience, or licensure to perform them. J:\PSU\Medical\Jamie Ito\Dentistry Cases\Askowitz, Ronald (z) (grillz) AC\Askowitz AC (x) (2) (g) and (m).dac DOH v Ronald Askowitz, DDS; Case # 2006-32844 Feb 4 2009 11:45 FEB-@4-2089 12:2? AHCA P.@9 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 LW) day of Ayal , 2007. Ana M, Viamonte Ros, M.D., M.PH, Secretary of Health Jamie Ito Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 DEPARTMENT OF HEALTH Tallahassee, FL 32399-3265 CLERK, Florida Bar No. 13553 DATE_APR 30 2007 850.245.4640 Ext. 8178 850.245.4683 FAX PCP: ¢/2 7/0 ? PCP Members: Cs @Av wR DOH v Ronald Askowitz, DDS; Case # 2006-32844 -8- J:\PSU\Medical\Jamie Ito\Dentistry Cases\Askowitz, Ronald (z) (grillz) AC\Askowitz AC (9) (2) (9) and (m).doc DOH v Ronald Askowitz, DDS; Case # 2006-32844 FEB-@4-2089 12:2? AHCA Feb 4 2009 11:47 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 Ronald Askowitz, DDS; Case # 2006-32844 - 9 = J:\PSU\Medical\Jamie Ito\Dentistry Cases\Askowitz, Ronald (z) (grillz) AC\Askowitz AC (x) (z) (g) andl (m).doc DOH v Ronald Askowitz, DDS: Case # 2006-32844

Docket for Case No: 09-000612PL