Yu a yg . “STATE OF FLORIDA DEPARTMENT OF HEALTH RECEIVED: LEGAL QOMAR IT AMII: 22 DEPARTMENT OF HEALTH, (D1A5IS PETITIONER, : vs. CASE NUMBER: 1998-11294 FITZ-HERBERT HARRIS, .- = . . Yr =o S : G4 — RESPONDENT. = == = : oo Mz / PRE oy Fen Fas mucoa s ADMINISTRATIVE COMPLAINT Gmo SS ae =m s - COMES NOW, the Petitioner, Department of Health, hereinafter referred to as 58 "Petifner", and files this Administrative Complaint before the Board of Dentistry against FITZ-HERBERT HARRIS, referred to as "Respondent?, at and alleges: 1. 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. 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,” fo 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. oe 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 i is, 1 1498 Quail Roost Drive, Miami Florida 33 157. 3. / In or about December 1996, Patient R B. presented to ‘the + Respondent for a dental evaluation complaining of a toothache. asi a Pa IIR + ree ee: ney ns tt Ba a SUA i i Stn SCRE En a 4. On or about ‘August 3, "1998, the agency requested Patient R B.’s dental records. 5, On or about August 19, 1998, the Respondent presented to an agency investigative office at which time he provided some of Patient R.B.’s dental records. The Respondent informed the agency investigator that he had not been able to locate all of Patient R. B.’s records. 6. On or about June 1, 1999, the agency expert witness subinitted an expert report to the agency and stated that the Respondent’ s records for Patient R.B. were incomplete. The agency expert witness also stated there were no treatment records, particularly progress notes, for Patient R.B. by the Respondent. 1 . “Based on the foregoing, the Respondent’ S license to practice dentistry in the State of Florida is subject to discipline for violating Section 466.028 (1) (m), Florida Statutes, for failing to . keep written dental records and medical history records justifying the course of treatment of the patient including, but not limited to, patient histories, examination results, test results, and X rays, if taken. SPRITE Rr er RRR REI erin ae % we wv) WHEREFORE, Petitioner respectfully requests the Board of Dentistry enter an order imposing orie 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 o! of a reprimand, placement of the Respondent on probation, and/or any other relief that the. Board deems appropriate, SIGNED il Wey. of [ Nev , 2000. Robert G. Brooks, M.D. Secretary, Department o: DEPARTMENT OF HE, DEPUTY CLERK CLERK Webi RM. DATE_.3 / /3 [2.000 Chief Attorney : Agency for Health Care Administration COUNSEL FOR AGENCY John L. Chaves Senior Attorney Agency for Health Care Administration Practitioner Regulation P. O. Box 14229, mail stop 39 Tallahassee, Florida 32317-4229 - Pcp: Gia R Robinson, & Fisher DATE: November 18, 1999. ass OKI MEE yy aay mgeerer

Docket for Case No: 00-001578