STATE OF FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, PETITIONER, v. CASENO: 2011-17614 JACK ANDREW CLINE, D.D.S., 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, Jack Andrew Cline, D.D.S., 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 8037. 3. | Respondent's address of record is 654 Via Verona, Deerfield Beach, Florida 33442. 4. The Department has reason to believe that Respondent may also be located at 560 N. U.S. Highway 27/441, Lady Lake, Florida 32159. 5. The minimum standard of performance in diagnosis and treatment in the practice of dentistry requires a dentist to verify the fit and seal of permanent restorations such as crowns before seating the restoration. 6. | When preparing a tooth for a dental restoration such as a crown, a dentist may perform a “core build-up” by using filling material to supplement the tooth structure if it has been compromised by breakage or decay. 7. Once the tooth has been prepared, the dentist will take an impression of the prepared tooth for fabrication of the permanent crown. The dentist will then seat a temporary crown on the tooth using temporary dental cement. 8. Once the permanent crown has been fabricated from the impression, the dentist will try the crown on the patient, verify the fit of the crown, and make any necessary adjustments. 9. Next, the dentist will seat the crown on the prepared tooth using permanent cement. 10. On or about March 31, 2011, Patient D.P. presented to Respondent's practice for the delivery and cementation of permanent crowns for teeth numbers seven (7), eight (8), nine (9), and ten (10). 11. Respondent seated Patient D.P’s crowns using permanent cement. 12. After seating the crowns, Respondent applied flowable composite resin at the lingual margins of the crowns. 13. The minimum standard of performance in diagnosis and treatment in the practice of dentistry requires a dentist to adequately assess and correct permanent restorations such as crowns once the fit and seal has been compromised. 14. The permanent crowns Respondent provided to Patient D.P. had one or more of the following clinically observable deficiencies: A. Poor contours; B. — Excessive ledging; C. Inadequate embrasure spaces; and/or D. Marginal discrepancies. 15. At no time did Respondent correct any of the above clinically observable deficiencies. 16. The minimum standard of performance in diagnosis and treatment in the practice of dentistry requires a dentist to properly position the margin of a permanent restoration such as a crown on adequate tooth structure. 17. Respondent positioned the margins of the permanent crowns for Patient D.P’s teeth numbers eight (8) and nine (9) on the core build-up material used to prepare the teeth for the crowns. 18. Section 466.028(1)(x), Florida Statutes (2010), states in relevant part 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 shall constitute grounds for disciplinary action by the Board of Dentistry. 19. Respondent violated Section 466.028(1)(x), Florida Statutes, in one or more of the following ways: | A. By failing to verify the fit and seal of Patient D.P’s permanent crowns before seating; B. By failing to adequately assess and correct Patient D.P’s permanent crowns once the fit and seal had been compromised; and/or C. By failing to properly position the margin of the permanent crowns on Patient D.P’s teeth numbers eight (8) and nine (9). WHEREFORE, Petitioner respectfully requests that the Board of Dentistry enter an order imposing one or more of the following penalties: 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 #5" day of Aeplemntery _ 2014. John H. Armstrong, MD, FACS Surgeon General & Secretary Bridget K. McDonnell Assistant General Counsel DOH Prosecution Services Unit FILED 4052 Bald Cypress Way, Bin C-65 DEPARTMEN cle Tallahassee, Florida 32399-3265 Florida Bar #99874 CER De TEL: 850.245.4444, FAX: 850.245.4681 Express Mail Address: 2585 Merchants Row, Suite 105 Email: Bridget.McDonnell@flhealth.gov PCP: September 19, 2014 PCP Members: L.B., T.T., W.R. DOH v. Jack Andrew Cline, D.D.S,, Case # 2011-17614 5 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. Jack Andrew Cline, D.D.S., Case # 2011-17614

Docket for Case No: 16-004949PL