oO eS, STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, vs. . CASE NUMBER: 1998-20052 FITZ-HERBERT HARRIS, OD _ at) b Q RESPONDENT. / 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 Fitz-Herbert Harris, "Respondent", and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of dentistry pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 466, Florida Statutes, 2. Pursuant to the authority of Section 20.43 (3) (g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as the “Agency,” to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils or board, as appropriate, including the issuance of emergency orders of suspension or restriction. 3. Respondent is, and has been at all times material hereto, a licensed dentist in the State of Florida, having been issued license number DN 0008880. Respondent's last known address is 11498 Quail Roost Drive, Miami, Florida 33157. 4. On or about July 22, 1994, Patient N.G. presented to the Respondent, for upper and lower dentures. Patient N.G. made payments to the Respondent, beginning October 5, 1995 and ending October 23, 1997 totaling seven hundred fifty ($750) dollars, for the dentures. 5. Respondent provided and fitted Patient N.G.’s lower dentures, in or around 1998, four years after Patient N.G. initially presented to the Respondent. Respondent has never provided or fitted the upper dentures. Respondent maintains that the upper dentures have been delayed because Patient N.G. has a class III bite. ‘ 6. Respondent no longer has Patient N.G.’s dental records concerning the upper denture, but maintains that they are in another file, which he cannot locate. COUNT I 7. The Petitioner readopts paragraphs 1 through 5 as fully set forth herein. 8. The actions of the Respondent constitute a violation of section 466.028(1)(m), Florida Statutes, in that the Respondent failed to keep written dental records justifying the course of treatment of the patient. COUNT II 9. The Petitioner readopts paragraphs | through 5 as if fully set forth herein. . 10. The actions of the Respondent constitute a violation of Section 466.028(1)(t), Florida Statutes, in that the Respondent engaged in fraud, deceit, or misconduct in the practice of dentistry by accepting payment for goods and services which were never delivered. S JS 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 and costs, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this Ve day of =t999. : Robert G. Brooks, M.D. Secretary, Department of Health BY: Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONER: John L. Chaves . F | LE D Senior Attomey DEPARTMENT OF HEALTH Agency for Health Care Administration DEPUTY CLERK Practitioner Regulation CLERK ehi Rian P. O. Box 14229, mail stop 39 Tallahassee, Florida 32317- 4229 pate__///0/00 (850) 410-3467 (850)488-1855(FAX) JLC/elt PCP: Grecia, Rolinson , Fisher DATE: = 11191499 Fitz-Herbert Harris, DN Case Number: 98-20052 Date: January 5, 2000 .

Docket for Case No: 00-000768