Mar 11 2009 17:05 MAR-11-2889 16:47 AHCA STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2007-18654 Arthur Kaminsky, 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, Arthur Kaminsky, 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 6853, P3718 Za0-A-& Mar 11 2009 17:05 MAR-11-2889 16:47 AHCA P.a4718 3. Respondent's address of record is 997 South Rock Island Road, North Lauderdale, FL 33068. 4. Respondent provided dental treatment to Patient B.B. from on or about May 11, 2005, through on or about June 15, 2007. 5. On or about May 11, 2005, Patient B.B. presented to Respondent as a new patient. Respondent did not chart Patient B.B.’s existing cavities at the initial 'visit on or about May 11, 2005. 6. Respondent did not record a medical history for Patient B.B. in Patient B.B.’s dental records. Respondent proposed and subsequently performed a restorative course of treatment for Patient B.B., which included crown and bridge prosthetics. 7. On or about July 18, 2005, Respondent took x-rays of Patient B.B.'s teeth. The x-rays of Patient B.B’s teeth were of very poor diagnostic quality. 8. On or about March 30, 2006, the Respondent took two x-rays of Patient B.B.’s teeth. The x-rays taken of Patient 8.B.'s teeth were of very poor diagnostic quality. 9. Throughout his treatment of Patient 8.8. the Respondent's dental charting was inadequate. -2- J:\PSU\Medical\Dentistry\Patricia Smith\ac's\Kaminsky 07-18654\Kaminsky AC (m) post-pc.doc Mar 11 2009 17:06 MAR-11-2889 16:47 AHCA 10. Section 466.028(1)(m), Florida Statutes (2004-2006), 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. 11. Rule 64B5-17.002(1), Florida Administrative Code requires that: for the purpose of implementing the provisions of subsection 466.028(1)(m), Florida Statutes, a dentist shall maintain written records on each patient which written records shall contain, at a minimum, the following information about the patient: ‘a. Appropriate medical history; b. Results of clinical examination and tests conducted, including the identification, or lack thereof, of any oral pathology or diseases: c. Any radiographs used for the diagnosis or treatment of the patient; d. Treatment plan proposed by the dentist; and @. Treatment rendered to the patient. J:\PSU\Medical\Dentistry\Patricia Smith\AC's\Kaminsky 07-18654\Kaminsky AC (m) post-pe.doc P8518 MAR-11-2889 16:48 Mar 11 2009 17:06 AHCA 12. Respondent failed to keep written dental records and medical history records justifying the course of treatment of the Patient in one or more of the following ways: a, On or about May 11, 2005, Patient B.B. presented to Respondent as a new patient. Respondent did not chart Patient B.B.'s existing cavities at the initial visit on or about May 11, 2005; . Respondent did not record a medical history for Patient B.B. in Patient B.B.’s dental records; . On or about July 18, 2005, Respondent took x-rays of Patient B.B.'s teeth. The x-rays of Patient B.B.’s teeth were of very poor diagnostic quality; . On or about March 30, 2006, the Respondent took two x- rays of Patient B.B.’s teeth. The x-rays taken of Patient B.B.’s teeth were of very poor diagnostic quality; . Throughout his treatment of Patient B.B. the Respondent's dental charting was inadequate. 13. Based on the foregoing, Respondent has violated Section 466.028(1)(m), Florida Statutes (2004-2006), by failing to keep written dental records and medical history records justifying the course of treatment of the Patient. WHEREFORE, Petitioner respectfully requests that the Board of Dentistry enter an order imposing one or more of the following penalties: suspension of Respondent's license, restriction of practice, imposition of an ade J:\PSU\Medical\Dentistry\Patricia Smith\aCs\Kamingky 07-18654\Kaminsky AC (™) post-pe.dac P6718 Mar 11 2009 17:06 MAR-11-2889 16:48 AHCA Paria 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 2 day, May 2008, Ana M. Viarnonte Ros, M.D., M.P.H. Secretary of Health ‘ . Patricia Smith Assistant General Counsel D DOH Prosecution Services Unit eeu cence 4052 Bald Cypress Way, Bin C-65 CLERK: Tallahassee, FL 32399-3265 DATE__“=> ‘Co -TB Florida Bar No. 0728160 850.245.4640 Ext. 8240 850.245.4683 FAX PCP: F2/ oP” PCP Members: C44, 77 7G DOH v Arthur Kaminsky, DDS; Case # 2007-18654 -§- J:\PSU\Medical\Dentistry\Patricia Smith\AC's\Kaminsky 07-18654\Kaminsky AC (m) post-pc.doc Mar 11 2009 17:06 MAR-11-2889 16:48 AHCA P.@8/18 DOH v Arthur Kaminsky, DDS; Case # 2007-18654 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. . -6- J:\PSU\Medical\Dentistry\Patricia Smith\AC's\Kaminsky 07-18654\Kaminsky AC (m) post-pe,doc

Docket for Case No: 09-001266PL