Petitioner: DEPARTMENT OF HEALTH, BOARD OF DENISTRY
Respondent: HUMBERTO VAZQUEZ
Judges: MICHAEL M. PARRISH
Agency: Department of Health
Locations: Miami, Florida
Filed: Nov. 02, 1999
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 17, 2002.
Latest Update: Dec. 23, 2024
Final Order No. DOH-02-0853. <> MOA
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STATE OF FLORIDA see
BOARD OF DENTISTRY By:
DeputyiAgency Clerk
DEPARTMENT OF HEALTH, nti —” By
Petitioner, DOAH CASE NO.: 99-4805. oy
vs. CASE NO.: 1997-21244" 4
LICENSE NO.: DN 1242
HUMBERTO VAZQUEZ, D.D.S.
Respondent.
FINAL ORDER
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 May 3, 2002, in
Orlando, 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 Dean Bunton, Senior
Attorney. The Respondent was present and represented by Anthony Vitale, Esquire.
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 Counterstiputation. The terms of the Counterstipulation are embodied in this
Order and consist of all the terms in the Stipulation, with the following changes: 1. Paragraph
3 of the Stipulation is modified as follows: Respondent's license shall be SUSPENDED for a
period of six months with the exception that Respondent may provide pro bono service in a
501(c)(3) facility during the period of suspension. The suspension shall commence no later
than 7 days after the effective date of this Order.
2. Respondent shall pay COSTS of $3,823.00 no later than 30 days from the effective
date of this Order.
3. Respondent shall complete 8 hours of continuing education in risk management and
shall submit proof of completion of such hours to the board office, no later than six (6) months
from the effective date of a Final Order accepting the Counterstipulation. Said additional hours
shall be in addition to, and not count toward, the hours required for Respondent's licensure
renewal. Furthermore, said additional hours shall be obtained by attending live presentation(s),
and home study or correspondence courses shall not be acceptable.
Ail 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
Counterstipulation.
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 EN day of 3 Umno , 2002,
be JC
FAUSTINO G. GARCIA, D.M._D..
CHAIRMAN
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been provided by
U.S. Mail to Humberto Vazquez, D.D.S. c/o Anthony Vitale, Esquire, 799 Brickell Plaza, Suite
700, Miami, Florida 33131 and by hand delivery/United States Mail to the Clerk, Department of
Health and its Counsel this > ¢/'71, day of _gwry , 2002.
coh
STATE OF FLORIDA
DEPARTMENT OF HEALTH,
BOARD OF DENTISTRY
Petitioner,
vs. AHCA Case No. 97-21231
DOAH Case No. 99-4605
HUMBERTO VAZQUEZ, D.D.S.
Respondent.
/
STIPULATION
Pursuant to Section 120.57(4), Florida Statutes, the above named parties hereby offer this
Stipulation to the Board of Dentistry as disposition of the Amended Administrative Complaint,
attached hereto as Exhibit “A”, in lieu of any other administrative proceedings. The terms herein
become effective only if and when a Final Order accepting the Settlement Stipulation is issued by
the Board and filed. In considering the Stipulation, the Board may review all investigative
materials regarding this case. If this Stipulation is rejected, it and its presentation to the Board,
shall not be used against either party.
STIPULATED FACTS
1. For all times pertinent hereto, Respondent was a licensed dentist in the State of
Florida, having been issued license number DN 0012425. Respondent's last known address is
2742 S.W. 8" Street, #220, Miami, Florida 33135.
2. The Respondent was charged in a one count Amended Administrative Complaint
filed by the Board of Dentistry and served upon Respondent with violations of Chapters 455 and
466, Florida Statutes.
3. It is expressly understood and agreed between the parties that this Agreement,
and the payment provided hereunder, is not and shall not be construed to be an admission of
liability.
001690
1
Stipulation
Humberto Vazquez
Case No. 97-21231
STIPULATED LAW
1. Respondent admits that she is subject to the provisions of Chapters 455 and 466,
Florida Statutes, and the jurisdiction of the Board, Department of Health, and the Agency for
Health Care Administration.
2. Respondent admits that the stipulated disposition in this case is fair, appropriate,
and acceptable to Respondent.
PROPOSED DISPOSITION
1. The Respondent shall be present when this Stipulation is presented to the Board,
and under oath shall answer questions by the Board concerning this case and the disposition
thereof.
2. Respondent’s license shall receive a REPRIMAND by the Board of Dentistry.
3. Respondent’s license shall be suspended for a period of one year. The
suspension shall be stayed.
4. The Board of Dentistry shall impose an administrative fine of four thousand
($4,000.00) dollars against the Respondent’s license, to be paid by the Respondent to the
Executive Director of the Board of Dentistry, within thirty (30) days of entry of the Final Order
accepting this Stipulation.
5. The Respondent shall reimburse the Board of Dentistry for the actual costs of the
investigation of this case, to be paid by the Respondent to the Executive Director of the Board of
Dentistry, within thirty (30) days of entry of the Final Order accepting this Stipulation.
001691
Stiputation
Humberto Vazquez _
Case No. 97-2123!
6. __ The Respondent's dental license shall be on probation for three (3) years upon
entry of the Final Order accepting this Stipulation. The Respondent must comply with the
following terms of probation:
(a) Respondent must have a Board approved dentist to serve as his monitor.
(b) Respondent is responsible for any cost associated with the monitor.
(c) Every three months, the monitor shal] randomly audit the Respondent's
records for documentation and billing accuracy. a!
(d) The monitor shall file quarterly reports with the Board of Dentistry.
7. Respondent shall be subjected to an audit of continuing education hours for the
next two bienniums.
8. Respondent is prohibited from ever participating in the Medicare, Medicaid,
Maternal and Child Health Services Block Grant and Block Grants to States for Social Services
programs.
9 The Respondent shall within thirty (30) days of entry of the Final Order
accepting this Stipulation, provide the Board Office with an affidavit Stating he has read and
understands the laws and rules governing the practice of dentistry in the State of Florida.
001692
3
10. Respondent shall not i in oo future violate Chapters 455 and 466, Florida Statutes,
the rules promulgated Pursuant thereto, or any other state or federal law, tule, or regulation
relating to the practice of or the ability to practice dentistry.
Stiputation
Humberto Vazquez
Case No. 97-2123]
11. 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 455 or 466, Florida Statutes.
12, It is expressly understood that this Stipulation is subject to approval of the Board
and has no force or effect until an Order is based upon it by the Board,
13. This Stipulation is executed by the Respondent for the purpose of avoiding
further administrative action by the Board of Dentistry regarding the acts or omissions
specifically set forth in the Amended Administrative Complaint. In this regard, Respondent
authorizes the Board to review and examine all investigative file materials concerning the
Respondent prior to or in conjunction with consideration of this Stipulation. Respondent agrees
to support this Stipulation at the 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 or any of its members from further participation,
consideration or resolution of these proceedings.
14, 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
001693
Stipulation
Humberto Vazquez
Case No. 97-21231
Department, Board or the Agency for Health Care Administration against the Respondent for acts
or omissions which are not the subject of the Amended Administrative Complaint. This
stipulation relates solely to the current disciplinary proceedings arising from the aforementioned
complaint and does not preclude further action by other divisions, departments, and/or sections of
the Department of Health and the Agency for Health Care Administration, including, but not
limited to, the Agency’s Medicaid Program Integrity Office.
15. The Respondent waives the right to seek attorney’s fees and/or costs from the -
Board, Department of Health or the Agency for Health Care Administration in connection with
this disciplinary proceeding.
001694
5
WHEREFORE, the parties hereto Tequest the Board to enter a Fina] Order jaceepting and ©
implementing the terms contained herein,
SIGNED this 2 day of , 2002
HUMBERTO VAZi .D.S.
Before me, personaly appeared Hoxneup 7 whose identity is known to me by
cart and who under oath, acknowledges that his signature appears
abo
Notary Public
My Commission Expires:
John Agwunobi, MD, MBA
Secretary, Department of Health
By Nancy M. Snurkow
Chief Attorney
Tracy J. Sumner, Senior Attomey
Agency for Health Care Administration
General Counsel's Office - MQA
Practitioner Regulation — Legal
P.O. Box 14229, MS #39
Tallahassee, Florida 32317-4229
(850) 410.3467
TOTAL P.a4
Docket for Case No: 99-004605
Issue Date |
Proceedings |
Jun. 26, 2002 |
Final Order filed.
|
May 17, 2002 |
Order Closing File issued. CASE CLOSED.
|
May 16, 2002 |
Petitioner`s Motion to Relinquish Jurisdiction without Prejudice (filed via facsimile). |
Mar. 04, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by May 20, 2002).
|
Feb. 28, 2002 |
Status Report & Joint Motion to Hold Case in Abeyance (filed via facsimile).
|
Nov. 30, 2001 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by February 28, 2002).
|
Nov. 30, 2001 |
Joint Motion to Hold Case in Abeyance (filed via facsimile).
|
Nov. 29, 2001 |
Unilateral Prehearing Statement (filed via facsimile).
|
Nov. 28, 2001 |
Respondent`s Unitlateral Prehearing Stipulation (filed via facsimile).
|
Nov. 27, 2001 |
Unilateral Pre-Hearing Statement (filed by Petitioner via facsimile).
|
Nov. 27, 2001 |
Notice of Substitution of Counsel (filed by Petitioner).
|
Nov. 26, 2001 |
Notice of Taking Deposition, R. Freedline (filed via facsimile).
|
Oct. 03, 2001 |
Notice of Hearing issued (hearing set for December 5, 2001; 8:45 a.m.; Miami, FL).
|
Oct. 02, 2001 |
Joint Status Report (filed by Petitioner via facsimile).
|
Sep. 04, 2001 |
Notice of Substitution of Counsel (filed by P. Milam via facsimile).
|
Aug. 27, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by September 28, 2001).
|
Jul. 31, 2001 |
Joint Status Report (filed via facsimile).
|
Jul. 31, 2001 |
Notice of Substitution of Counsel (filed by T. Sumner via facsimile).
|
Jun. 20, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by July 31, 2001).
|
Jun. 15, 2001 |
Joint Status Report (filed via facsimile).
|
May 02, 2001 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by June 15, 2001).
|
Apr. 27, 2001 |
Motion for Leave to Amend Administrative Complaint (filed by Petitioner via facsimile). |
Apr. 25, 2001 |
Petitioner`s Response to Respondent`s First Set of Interrogatories (filed via facsimile). |
Apr. 25, 2001 |
Petitioner`s Response to Respondent`s First Request for Expert Interrogatories (filed via facsimile). |
Apr. 25, 2001 |
Petitioner`s Response to Respondent`s First Request for Production (filed via facsimile). |
Apr. 25, 2001 |
Petitioner`s Response to Respondent`s First Request for Admissions (filed via facsimile). |
Apr. 23, 2001 |
Notice of Substitution of Counsel (filed by R. Catalano via facsimile). |
Apr. 10, 2001 |
Notice of Hearing issued (hearing set for May 22 and 23, 2001; 8:45 a.m.; Miami, FL).
|
Mar. 29, 2001 |
Joint Response to Order Reopening File filed. |
Mar. 26, 2001 |
Order Reopening File, CASE REOPENED. 1 FILE |
Mar. 22, 2001 |
Motion to Re-Open Case at Division of Administrative Hearings (Certificate of Service Corrected) filed. |
Mar. 22, 2001 |
Motion to Re-Open Case at Division of Administrative Hearings (filed by R. Lovejoy via facsimile). |
Feb. 19, 2001 |
Order; Stipulation filed. |
Nov. 14, 2000 |
Order Closing File issued. CASE CLOSED. |
Oct. 30, 2000 |
Status Report (filed by Petitioner via facsimile). |
Jul. 31, 2000 |
Order Continuing Case in Abeyance issued. (parties to advise status by October 30, 2000) |
Jul. 20, 2000 |
Joint Motion to Hold Case in Abeyance. (filed via facsimile) |
May 10, 2000 |
Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by August 1, 2000.) |
May 04, 2000 |
Joint Motion to Hold Case in Abeyance (filed via facsimile). |
Feb. 29, 2000 |
Order Granting Continuance and Re-scheduling Hearing sent out. (hearing set for May 24, 2000; 8:45 a.m.; Miami, FL) |
Feb. 25, 2000 |
(R. Lynn Lovejoy) Notice of Substitution of Counsel (filed via facsimile). |
Feb. 24, 2000 |
Joint Motion for Continuance (filed via facsimile). |
Jan. 27, 2000 |
(A. Vitale) Notice of Service of Response to Request for Admissions filed. |
Jan. 27, 2000 |
(Petitioner) Notice of Service of Response to Request for Production; Notice of Service of Response to Interrogatories to Respondent filed. |
Jan. 27, 2000 |
(Petitioner) Notice of Service of Request for Production; Attachment to Respondent`s First Request for Production to the Petitioner filed. |
Jan. 27, 2000 |
Respondent`s First Request for Admissions; Notice of Service of Interrogatories; Interrogatories; Notice of Service of Expert Interrogatories; Expert Interrogatories filed. |
Dec. 07, 1999 |
Notice of Hearing sent out. (hearing set for February 29, 2000; 8:45 a.m.; Miami, FL) |
Nov. 19, 1999 |
Amended Joint Response to Initial Order (filed via facsimile). |
Nov. 18, 1999 |
Notice of Serving of Petitioner`s Request to Produce, Interrogatories, and Request for Admissions (filed via facsimile). |
Nov. 15, 1999 |
Joint Response to Initial Order (filed via facsimile). |
Nov. 09, 1999 |
Initial Order issued. |
Nov. 02, 1999 |
Agency Referral Letter; Administrative Complaint; Election of Rights filed. |