STATE OF FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2014-21029 SADESH KUMAR, 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, Sadesh Kumar, 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 17073. 3. Respondent’s address of record is 2447 North Wickham Road, #116, Melbourne, Florida 32935. 4. Onor about April 10, 2014, Respondent consulted with Patient PW regarding replacement of previous pridlges she had on teeth #3-6 and #11-14. 5. Patient PW brought dental records from a different dentist who had treated her previously and provided these records to Respondent. 6. The records provided by Patient PW to Respondent include periodontal charting performed on February 11, 2014. The periodontal charting reveals multiple pockets of 6 mm associated with tooth #14 and two pockets of four mm associated with tooth #14. 7. The periodontal charting records bone loss associated with tooth #14. 8. The records provided by Patient PW include radiographs taken or about February 11, 2014. 9. The radiographs reveal significant bone loss associated with tooth #14. 10. On or about April 14, 2014, Patient PW returned to Respondent who removed Patient PW’s old bridge on teeth #11-14. 11. On or about April 22, 2014, Patient PW returned to Respondent. DOH v. Sadesh Kumar, DDS 2014-21029 2 12. On or about April 22, 2014, Respondent seated a temporary bridge on Patient PW's teeth #11-14. 13. Onor about April 30, 2014, Respondent seated the permanent bridge on Patient PW’s teeth #11-14. 14. The minimum standards of diagnosis and treatment in the practice of dentistry requires that prior to implementing a permanent restoration such as a bridge, a dentist must diagnosis all serious conditions that prevent the teeth in question from supporting the restoration. 15. Respondent failed to diagnose the periodontal disease and bone loss associated with tooth #14 prior to providing a new bridge supported by tooth #14. 16. The minimum standards of diagnosis and treatment in the practice of dentistry requires that prior to implementing a permanent restoration such as a bridge, a dentist must successfully treat all serious dental conditions that would compromise the ability of the involved teeth to support Respondent. 17. Respondent failed to treat the periodontal disease and bone loss associated with tooth #14 prior to providing a new bridge supported by tooth #14. DOH v, Sadesh Kumar, DDS 2014-21029 3 18. Section 466.028(1)(x), Florida Statutes (2013), states 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 (2013), through one or more of the following: a) By failing to diagnose the periodontal disease and bone loss associated with tooth #14 prior to providing a new bridge supported by tooth #14; and/or, b) By failing to treat the periodontal disease and bone loss associated with tooth #14 prior to providing a new bridge supported by tooth #14. WHEREFORE, Petitioner respectfully requests that the Board of Dentistry enter an order imposing one or more of the following penalties: 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. DOH v. Sadesh Kumar, DDS 2014-21029 4 SIGNED this __\ 3" day of __) ahs 2016. Celeste Philip, MD, MPH Surgeon General and Secretary ils, S the Tobey Schultz / Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar # 0542131 see TEL: 850-245-4640 ext. 8176 Department Of Health Express Mail Address: wget Clete 2585 Merchants Row, Suite 105 pate JUL 1 8 2015 Email: tobey.schultz@flhealth.gov PCP: 7/8/16 Thomas, Britten & Miro DOH v. Sadesh Kumar, DDS 2014-21029 NOTICE OF RIGHTS Respondent has the right to request or petition for a formal administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes. Respondent has the right to be represented by counse! or other qualified representative, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a formal administrative hearing is requested. Administrative hearings are governed by Rule 28-106, Florida Administrative Code. A request or petition for a formal administrative hearing must be in writing and must be received by the Department within twenty- one (21) days from the day you received this Administrative Complaint. A request or petition for a hearing must be in conformance with Chapter 28-106.2015(5), Florida Administrative Code and must be sent to the Department at the following address: Department of Health Prosecution Services Unit Attention: Tobey Schultz 4052 Bald Cypress Way, Bin #C65 Tallahassee, Florida 32399-1701 Mediation is not available as an alternative remedy. If your request or petition for a formal administrative hearing is not received by the Department within twenty-one (21) days from your receipt of this Administrative Complaint, that failure will constitute a waiver of your right to a formal administrative hearing, and the Administrative Complaint will be incorporated in the final order of the Department. DOH v. Sadesh Kumar, DDS 2014-21029 6 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, Sadesh Kumar, DDS 2014-21029 7

Docket for Case No: 17-002573PL