STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, an 4) 1 ly z PETITIONER vs. CASE NUMBER: 95-17247 MICHAEL D. KANTER, D.M.D. RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, the Department of Health hereinafter referred to as “Petitioner”, and files this Administrative Complaint before the Board of Dentistry, against MICHAEL D. KANTER, hereinafter referred to as “Respondent”, and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with the regulating the practice of dentistry pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and. Chapter 466, Florida Statutes. Pursuant to the authority of Section 20.43 (3) (f), 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 Assurance, councils, or boards, as appropriate. 2. Respondent is, and has been at all times material hereto, a licensed dentist in the State of Florida, having been issued license number DN 0009245. Respondent’s last known address is 3720 53rd Avenue East, Bradenton, FL 34203. Y U 3. Between or about September 27, 1991, and September 23, 1994, Patient K.M.B. presented to Respondent for dental care. 4. On or about September 27, 1991, Respondent initiated endodontic therapy on Patient K.M.B.’s tooth number nine (9) and a temporary crown was placed on tooth number nine (9). 5. On or about September 27, 1991, Respondent billed Patient K.M.B.’s insurance company, Amertis Insurance, for a completed endodontic therapy on tooth number nine (9) and for the seated porcelain to gold crown on tooth number nine (9). 6. On or about December 9, 1991, Respondent received payment from Amertis Insurance company for Patient K.M.B.’s endodontic treatment on tooth number nine (9) and porcelain to gold crown on tooth number nine (9). 7. On or about March 17, 1993, Patient K.M.B. presented to Respondent with a complaint of a tooth broken off at the gumline. Respondent extracted tooth number six (6) and prepared teeth numbers five (5) and seven (7) for a bridge with tooth number six (6) as the pontic. Respondent inserted a temporary bridge. 8. On or about March 17, 1993, Respondent billed Amertis Insurance company fora completed permanent bridge. 9. On or about April 2, 1993, Respondent received payment from Amertis Insurance company for a completed porcelain to metal bridge. 10. | Onor about April 5, 1993, Respondent performed two (2) restorative procedures on Patient K.M.B.’s teeth numbers twenty-nine (29) and thirty-one (31). 11. On or about April 5, 1993, Respondent failed to take radiographs. YU ) 12. On or about April 5, 1993, Patient K.M.B.’s tooth number nine (9) remained incomplete. 13. On or about June 28, 1993, Respondent re-prepared teeth numbers five (5), six (6), and seven (7) for a bridge. Respondent determined that Patient K.M.B.’s tooth number five (5) needed endodontic therapy. 14. On or about June 28, 1993, Radiographs taken of Patient K.M.B. indicated that the endodontic therapy for tooth number nine (9) was still incomplete. 15. On or about June 28, 1993, Respondent billed Amertis Insurance company for completed endodontic therapy for tooth number five (5). 16. On or about June 28, 1993, therapy had not been initiated on tooth number five (5). 17. Onor about July 15, 1993, Respondent received payment from Amertis Insurance company for completed endodontic therapy for tooth number five (5). 18. Onor about July 23, 1993, Respondent initiated and completed Patient K.M.B.’s endodontic therapy for tooth number five (5). Respondent prepared a post and core and a final impression for both Patient K.M.B.’s post and core and permanent bridge. No pretreatment radiographs were taken. One radiograph was taken for the competed endodontic therapy on tooth number five (5). 19. On or about July 23, 1993, Respondent billed Amertis Insurance company again for completed endodontic therapy for tooth number five (5) and for a completed post and core. 20. On or about March 23, 1994, Patient K.M.B. presented to Respondent for an abscess on tooth number nine (9). Respondent gave Patient K.M.B. antibiotics and referred her to another dentist, Dr. DeVita. Respondent refused further treatment until Patient K.M.B. paid the remainder of the balance due. 21. On or about May 17, 1994, the subsequent treating dentist, Dr. Theunissen referred Patient K.M.B. to Dr. DeVita for endodontic therapy for tooth number nine (9). Dr. DeVita completed Patient K.M.B.’s endodontic therapy for tooth number nine (9) on or about July 11, 1994. COUNT I 22. Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs as if fully stated herein. 23. Based on the foregoing, the Respondents license to practice dentistry in the State - of Florida is subject to discipline pursuant Section 466.028(1)(t), Florida Statutes, for fraud, deceit, or misconduct in the practice of dentistry or dental hygiene. COUNT II 24. Petitioner realleges and incorporates by reference the allegations of fact contained in paragraphs one (1) through twenty-one(21) as if fully stated herein. 25. 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)(x), Florida Statutes, for 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. VW GG WHEREFORE, Petitioner respectfully requests the Board of Dentistry to 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 De day of Se Bor Vey , 1997. James T. Howell, M.D./M.P.H., Chief Attorney of behalf of Agency for Health Care Administration COUNSEL FOR PETITIONER: i Yer oe Se Agency for Health Care Administration ERK fi anu. Qe, Allied Health - Legal B ice _4G@-94 P.O. Box 14229 pate 12 4-2 1 Tallahassee, Florida 32317 (904) 922-2225 GWFIrvj PCP: F.G., W.R., & M.M. DOM: August 9, 1997

Docket for Case No: 00-000763