nt ha By, : STATE OF FLORIDA Deputy Agency Ciak BOARD OF DENTISTRY C - DEPARTMENT OF HEALTH, fe) < A Petitioner, = ot vs. CASE NO.: 94-02881- zy *& 2S LICENSE NO.: DN 0013303 “Jo. or CHRISTOPHER LODENQUAI, D.D.S., Bee DS es BAS ZZ es Respondent. Bpe Ss OE i OZ 2 : ue Z. - FINAL ORDER ae THIS MATTER came before the Board of Dentistry (hereinafter referred to as the “Board”) pursuant to Sections 120.569 and 120.57(4), Florida Statutes, on August 17, 2001, in Tampa, Florida, for a determination of whether to accept the proposed Settlement Stipulation (a copy of which is attached and incorporated herein by reference) entered into between the parties in the above-styled case. The Petitioner was represented by Tracy Sumner, Staff Attomey. The Respondent was present and represented by Dale Sisco, Esq. and Wilson Jerry Foster, Esq. . Upon consideration of the Administrative Complaint and the proposed Settlement Stipulation in this matter, and being otherwise fully advised in the premises, the Board voted to REJECT the Stipulation as an acceptable disposition in this matter. The Board offered Respondent a Counterstipulation. The terms of the Counterstipulation are embodied in this ‘Order, and consist of all the terms in the original Stipulation, with the following changes: 4. Respondent shail pay a FINE of $3,000 and Administrative COSTS of $2,143.95 no tater than sixty (60) days from the effective date of this Order. 2. Respondent shall be on probation for two (2) years. As a condition of probation, a consultant approved by the Board shall conduct a random review of Respondent's billing records for the past five (5) years, and shall file a report regarding the propriety of Respondent's billing practices. Said report shall be submitted to the Board no later than 90 days after the effective date of this Order. Thereafter, the consultant shall conduct a random review of Respondent's current bling practices on a quarterly basis, and shall submit a report to the Board. The Respondent shail bear all costs associated with the consultant. The Board delegates to the Chair the ability to approve said consultant. 3. During the probationary period, Respondent shall submit quarterly reports to the Board describing his practice, and shall advise the Board of any problems. 4. In lieu of tise continuing education required under paragraph 9, Respondent shall take 10 hours in risk management, and shall take and pass the Florida Laws and Rules Examination. Said hours shall be in addition to, and not count toward, Respondent’s required continuing education for renewal of licensure. Respondent shall have one (1) year to comply with this paragraph. 5. Respondent shall have leave to petition the Board for an early termination of probation after one (1) year. ; All other terms of the Stipulation to remain in full force and effect to the extent not expressly inconsistent herein. Respondent accepted the Counterstipulation. It is therefore ORDERED AND ADJUDGED: 1. The Counterstiputation is hereby approved and adopted and incorporated herein by reference. 2. Respondent shall adhere to and abide by all the terms and conditions of the 3. This Final Order shall be placed in and become a permanent part of Respondent's Official record with the Board. 4. This Final Order becomes effective upon being filed with the Clerk of the Department of Health. DONE AND ORDERED this__ [J day of September , 2001. CHARLES L. ROSS, D'DS. CHAIRMAN ; RTIFICATE OF SERVICE { HEREBY CERTIFY that a true and correct copy of the foregoing has been provided by U.S. Mail to Christopher P. Lodenquai, 207 Howard Drive, Bellair Beach, FL 34625; to Dale Sisco, Esq., P.O. Box 3423, Tampa, FL 33601-3423; to Wilson Jerry Foster, Esq., 1342 Timberiane Road, #102-A, Tallahassee, FL 32312-1775, and by hand delivery/United States Mail to the Clerk, Department of Health and its Counsel thiss-_D__ day of Se law 2001. Cay : P.3/7 . JAN 24 781 89:59AM 517 ING, - 497.00] ' STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF HEALTH. BOARD OF DENTISTRY, . : Petitioner. vs. CASE NO: 94-02881 ‘ (DOAH CASE NO. 99-3740) CHRISTOPHER P. LODENQUAI, DDS Respondent / STIPULATION CHRISTOPHER P. LODENQUAI, D.D.S., hereinafter referred to as "Respondent", and the DEPARTMENT OF HEALTH, BOARD OF DENTISTRY, hereinafter referred to as the - "Department", hereby agree to present this Stipulation to Board of Dentistry, hereinafter referred to as “Board”, for their consideration and approval, STIPULATED FACTS 1. For all times pertinent herein, Respondent was a licensed in the State of Florida, having been issued license number DN 0013303. 2. Respondent was charged by Administrative Complaint (as amended) filed by the Department and properly served upon Respondent with a violation §466.028(1)(c), Florida Statutes. A true and correct copy of the Second Amended Administrative Complaint is attached hereto and made a part hereof by reference as Exhibit A. : 3. Respondent admits the matters of fact alleged in the Administrative Complaint attached hereto as Exhibit A but has presented to the Department substantial factors in mitigation of the charge. 4. The Second Amended Administrative Complaint mistakenly listed Respondent’s license nn ate te .''JAN 24 '81 10:00AM 517 INC, - P.dv? AY ee _ Bumber as DN 0013314 when in fact it is DN 0013303. For all purposes in this matter the correct license number will be applied. TE SI A 5. Respondent, in his capacity as a licensed dentist admits that in such capacity he is subject to the provisions of Chapters 466 and 455, Florida Statutes, and the jurisdiction of the , Department and the Board. 6. Respondent admits that the allegations of fact set forth in the Second Amended - Administrative Complaint constitute violations of Chapter 466, Florida Statutes, and/or the rules ‘ enacted pursuant thereto. STIPULATED DISPOSITION 7. The Respondent shall pay as administrative costs the sum of three thousand dollars _ ($3,000.00), which amount shall be paid by Respondent to the Executive Director of the Board of " Dentistry within sixty days of the entry of a Final Order accepting this Stipulation. 8. Respondent shall receive a reprimand in this matter. 9. Respondent shall complete twenty-five (25) hours of continuing education in areas to be determined by the Board in addition to those required for license renewal. Upon completion of ; said continuing education hours the Respondent shall be responsible for insuring that the provider submit verification of completeness of the courses to the Board of Dentistry. 10. Respondent shall be placed on one year of probation, dating from entry of a Final Order accepting this Stipulation, during which time he shall abide by all terms and conditions of this stipulation. . Respondent may apply to the Board for early termination of his probation upon 2 “JAN 24 °@1 18:22AM 517 INC, = P.Sv7 ’ . . ‘ completion of the monetary and continuing education provisions of this Stipulation. tl. [vis expressly understood that this Stipulation is subjéct to approval of the Secretary * for the Department of Health and ultimately the Board of Dentistry and has no force and effect "unless an order adopting it is entered by the Board. 12. Respondent agrees to be Present at the time of the Board's consideration of this . * Stipulation, and shall, under oath, answer any questions posed by Board members, counsel for the * Board and counsel for the Department. 13. It is expressly understood that a violation of the terms of this Stipulation shall be ; considered a violation of a Final Order of the Board of Dentistry, for which disciplinary action « may be initiated pursuant to Chapter 466, Florida Statutes. 14. It is expressly understood that this Stipulation is subject to approval of the Board and Department and has no force or effect until an Order is based upon it by the Board. 15. This Stipulation is executed by the Respondent for the purpose of avoiding further . administrative action with respect to this particular case. In this regard, Respondent authorizes , the Board to review and examine all investigative file materials concerning Respondent prior to or -. in conjunction with consideration of the stipulation. Respondent agrees to support this Stipulation atthe time it is presented to the Board and shall offer no evidence, testimony, or argument that : disputes or contravenes any stipulated fact or conclusion of law. Furthermore, should this * Stipulation not be accepted by the Board, it is agreed that the presentation and consideration of » this Stipulation and other documents and matters by the Board shall not unfairly or illegally * prejudice the Board of any of its members from further participation, consideration or resolution . of these proceedings. : 9545244169 _ «=> BAVOLBUSHSISCO _—_ ,, TEL=81327730091 01/24'01 10:59 “JAN 24 °@1 18:00AM 517 INC. oo P.6/7 | ’ Furthermore, in the event that the Board fails to approve this joint Stipulation and a proceeding pursuant to Section 120.57. Florida Statutes, is held, the Stipulation may not be * introduced into evidence. Should the hearing result in a finding that Respondent is guilty of the : alleged charges, Respondent hereby waives any defense to entry of a Final Order by the Board based upon the Board's consideration of this Stipulation. 16. The Respondent and the Department fully understand that this Stipulation and . Subsequent Final Order incorporating same will in no way preclude additional proceedings by the Board and/or Department against the Respondent for acts or omissions not specifically set forth-in , the Second Amended Administrative Complaint, attached hereto as Exhibit A, issued in this cause. 17. The Respondent waives the right to seek attomey’s fees and/or costs from the : ‘Department or Agency in connection with this disciplinary proceeding. 18. Upon the Board's adoption of this Stipulation, Respondent and Department expressly ’ waive all further procedural steps, and expressly waive all rights to seek judicial review of or to , otherwise challenge or contest the validity of the joint Stipulation of Facts, Conclusions of Law " and innposition of discipline, and the Final Order of the Board incorporating said Stipulation. Be SIGNED this JO fl, day Of gp Bevayey , 2008. CHRISTOPHER - LODENQUAI, D.D.S. ay Sworn to and subscribed before me this od day of » 2066- ar 4 “#\ KATHLEEN HALLETT 4) My Commision #CC 914504 Expires March 12, 2004 Prseermnsrtanl mete me nn ce ee _ a ee ere ee ee ne Sete + cemeeecnnmntneneet ete JAN 24 ’@1 18:80AM 517° NC. - Notary Public APPROVED this, 4 aay of , lA bn __, 2004. SECRETARY, Department pam et Pees P.?v?7 a a ee he me eee er at eT at ee ES ERI Me I ee ee i Rea STATE OF FLORIDA ‘RECEIVED - LEGAL DEPARTMENT OF HEALTH, PETITIONER, vs. CASE NUMBER: 94-0281 CHRISTOPHER P. LODENQUAI, D.M_D., RESPONDENT. ae ; "7 ee SECOND AMENDED ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner”, and files this Administrative Complaint before the Board of Dentistry against CHRISTOPHER P. LODENQUAI, D.M.D., hereinafter referred to as "Respondent", and alleges: . . 1. Petitioner is the state agency charged with the Tegulating the practice of dentistry pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and. Chapter 466, Florida Statutes. Pursuant to the authority of Section 20.43 (3) (), Florida Statutes, the Petitioner has contracted with the Agency of Health Care Administration to provide consumer ~~ complaint, investigative, and prosecutorial services required by the Division of Medical Quality 1 Assurance, councils, or boards, as appropriate. 2. Respondest is, and has deen at all times material hereto, a licensed dentist in the State of Florida, having been issued license number DN 9013314. : Respondent’ s last known address is 207 Howard Drive, Belleair Beach, Florida 33786. 003014 fo ‘d GEER ON WHIt sb tht cpt yaw vee 01 3. On or about July 2, 1997, the Respondent entered a plea of nolo contendere to two (2) counts of conspiracy to commit Medicaid provider fraud in case number 96-1745-CM9 in the Leon County Circuit Court. 4. Based on the foregoing, the Respondent's license to practice dentistry in the State of Florida is subject to discipline pursuant to Section 466.028 (1)(c), Florida Statutes, for being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of dentistry. 003015 “4 BEEBE ON ‘ WIESB IQUZ cptoaey ~ WHEREFORE, Petitioner respectfully requests the Board of Dentistry enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. . SIGNED this Wh day of ark 1999, Robert G. Brooks, M.D. Secretary, Department of Health BY: NdnocyM.S Chief Attorney oe, Agency for Health Care Administration COUNSEL FOR PETITIONER: Fi LED ; RTMENT-OF HEALTH . ory W. me Counsel DEPA EPUTY CLERK r Attorney Contract Counse’ . poh ‘i : Agency for’Health Care CLERK 9. Administration ae pate_4- IA-T___ Post Office Box 14229 . ; Tallahassee, Florida 32317-4229 , (904) 414-1981 - GWF/mt PCP: F.G.& WR. DATE: January 24, 1998 603016

Docket for Case No: 99-003740

Orders for Case No: 99-003740