Judges: KENNETH G. OERTEL
Agency: Department of Health
Latest Update: Jun. 07, 1976
Summary: Respondent allowed unlicensed persons to practice dentistry in his office with his knowledge. Recommended Order: suspend license thirty days.
76-0224.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA STATE BOARD OF DENTISTRY, )
)
Petitioner, )
)
vs. ) CASE NO. 76-224
)
WILLIAM N. ABOOD, )
)
Respondent. )
)
RECOMMENDED ORDER
This cause was heard on May 11, 1976, before Kenneth G. Oertel, Director, Division of Administrative Hearings. The Respondent, William N. Abood, D.D.S., through his attorney, Clarence M. Wood, submitted a Stipulation as to the Facts which was signed by the attorneys for the parties and submitted without objection. In addition, the Board was permitted orally to place into the record additional facts of clarification which were stipulated to by the Respondent.
The Respondent placed into the record a letter of mitigation in his behalf and also testified briefly.
FINDINGS OF FACT
William N. Abood, D.D.S., is subject to the jurisdiction of the Florida State Board of Dentistry.
William N. Abood, D.D.S., is a licensed dentist in the State of Florida, license number 1253, last renewal certificate issued September 3, 1975, practicing at 2324 Post Street, Jacksonville, Florida.
That, during the period of time between approximately August, 1974, and November, 1975, Cynthia Roundtree was an employee of William N. Abood, D.D.S.
While an employee of Dr. William N. Abood, and acting under his control and supervision, Cynthia Roundtree was permitted to perform adjustments to partials and dentures, cemented and adjusted the occlusion of temporary crowns, and cemented and replaced crowns which had fallen out.
Cynthia Roundtree is not licensed by the Florida State Board of Dentistry to practice dentistry or dental hygiene.
While an employee of Dr. Abood, and acting under his control and supervision, Shirley Barrie was permitted to perform the adjustment of partials and dentures, cemented and adjusted the occlusion of temporary crowns, and placed materials in the dentures for temporary reliner and and adjusted the occlusion.
Shirley Barrie is not licensed by the Florida State Board of Dentistry to practice dentistry or dental hygiene.
That both assistants when making adjustments to partials or dentures with or without Dr. Abood's inspection or instruction, would examine the appliance and mouth, make a diagnosis as to the problem, then Proceed to correct the problem by grinding on the appliance and adjusting the occlusion.
Dr. Abood permitted both assistants to cement temporary crowns which they had prepared from preformed aluminum crowns, then cut and trim the crown, adjust the occlusion by using articulating paper and cement it to the tooth.
Cynthia Roundtree would on occasion, re-cement permanent crowns which had fallen out by grinding the cement out, drying the Patient's tooth, cementing once again the permanent crown and finally placing it on the tooth.
Shirley Barrie would on occasion, place temporary reliners in dentures or partials by mixing vista gel which was used for the reliner and placed in the appliance, then the appliance would be placed in the mouth and the occlusion adjusted if necessary.
Dr. Abood testified that he believed the procedures he authorized his assistants to perform in his office was a common practice among the dental profession; that he was not affirmatively aware that it was contrary to the laws and rules administered by the Dental Board and that he no longer permits his staff to do the same.
CONCLUSIONS OF LAW
That the services performed by both dental assistants are not permissible under the Dental Practice Act, Florida Statutes Section 466.02(4) and the Dental Board's Rules and Regulations 29G-9.
That these acts require the skill and knowledge of a dentist and constitute the practice of dentistry, Florida Statutes Section 466.04.
As to Count I of the Accusation, William N. Abood, D.D.S., is guilty of violating Florida Statutes Section 466.24(3)(e) because he permitted Cynthia Roundtree, unlicensed by the Florida State Board of Dentistry, to perform work in his office which would constitute the practice of dentistry.
As to Count II of the Accusation, William N. Abood, D.D.S., is guilty of violating Florida Statutes Section 466.24(3)(e) because he permitted Shirley Barrie, unlicensed by the Florida State Board of Dentistry, to perform work in his office which would constitute the practice of dentistry.
RECOMMENDED ORDER
The license to practice dentistry of William N. Abood, D.D.S., should be suspended for 30 days.
DONE and ORDERED this 7th day of June, 1976, in Tallahassee, Florida.
KENNETH G. OERTEL, Director
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
L. Haldane Taylor, Esquire 605 Florida Theatre Building
128 East Forsyth Street Jacksonville, Florida 32202
Clarence Wood, Esquire
415 East Monroe Street Jacksonville, Florida 32202
James C. Tyson, D.D.S.
Florida State Board of Dentistry 6501 Arlington Expressway
Jacksonville, Florida 32211
Docket for Case No: 76-000224
Orders for Case No: 76-000224
| Issue Date |
Document |
Summary |
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Jun. 07, 1976 |
Recommended Order
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Respondent allowed unlicensed persons to practice dentistry in his office with his knowledge. Recommended Order: suspend license thirty days.
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