U so a) STATE OF FLORJDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, RECEIVED - LEGAL OOMAR 17 AMII: 22 PETITIONER, OOS. (5 7 7 vs. CASE NUMBER: 1998-13132 ARTHUR KAMINSKY, D.DS. os RESPONDENT. = yy / ew ADMINISTRATIVE COMPLAINT i | a ad ae . «Z — . COMES NOW, the Petitioner, Department of Health, hereinafter referred to &™Petitf&per", and files this Administrative Complaint before the Board of Dentistry against ARTHUR KAMINSKY, D.D.S., hereinafter referred to as "Respondent", 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. 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 0006853. Respondent's last known address is 997 S. Rock Island Road, N. Fort Lauderdale, Florida 33068. Uo. ( 4. On or about January 15, 1998, Patient F.F. presented to the Respondent for dental treatment. 5. At that time the Respondent advised Patient F.F. that he needed three fillings and proceeded to fill the teeth. 6. Patient F.F. had x-rays taken six months prior to January 15, 1998, on or about July 22, 1997, during a regular six-month dental check-up with a previous treater. The x-rays taken during Patient F.F.’s dental check-up did not show cavities on the teeth the Respondent filled. 7. On or about June 5, 1998, Patient F.F. requested his dental records from the Respondent. The Respondent did not comply with the patient’s request. 8. On or about July 27, 1998 Patient F.F. requested his dental records in person. The Respondent did not comply with the patient’s request. 9. On or about July 28, 1998, Patient F.F. requested a copy of t Respondent did not comply with the patient’s request. tis dental records. The 10. | The Agency served the Respondent with an Executed Authorization for Release of Patient Information and a Subpoena Duces Tecum in or around November 1999. The Respondent has failed to provide the dental records for Patient F.F. 11. The Respondent failed to provide Patient F.F. with copies of his dental records. 12. The Respondent failed to meet the statutory obligation placed upon him by the department when he did not comply with the Subpoena Duces Tecum. UO u COUNT I 13. _ Petitioner realleges and incorporates by reference the foregoin stated herein. g allegations as if fully 14. 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) (n), Florida make available to a patient or client, or to his legal representative or to the d Statutes, for failing to epartment if authorized in writing by the patient, copies of documents in the possession or under control of the licensee which relate to the patient or client. COUNT II 15. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12). 16. 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) (i), for failing to perform any statutory or legal obligation placed upon a licensee. U U 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 ile of | hth , 2000. DEPARTMENT OF HEALTH DEPUTY CLERK cienk Yehi RMion pate_ 37 | 3-Qo00 COUNSEL FOR AGENCY John L. Chaves Senior Attorney . Agency for Health Care Administration P. O. Box 14229, mail stop 39 Tallahassee, Florida 32317- 4229 (850) 410-3467 JLC/clt PCP: Garcia, Robinson, & Fisher DATE: January 27, 2000 Arthur Kaminsky, DN Case Number-98-13132 Date: December 13, 1999 Robert G. Brooks, M.D. Secretary, Department of Health ancy M. Snurkowski Fs Chief Attorney Ep =z Agency for Health Care Rah Administration Pay

Docket for Case No: 00-001579