Uo. | vy STATE OF FLORIDA RECEIVE % DEPARTMENT OF HEALTH MECEIVED - Legay DEPARTMENT OF HEALTH, GOMAR 17 AM: 22 PETITIONER, Qao-/5 gO vs. . CASE NUMBER: 1999-55353: GARY COHEN, D.M_D. = ad RESPONDENT. o oy ADMINISTRATIVE COMPLAINT S COMES NOW, the Petitioner, Department of Health, hereinafter referred to as "Petitioner", _ and files this Administrative Complaint before the Board of Dentistry against GARY COHEN, . DMD., 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 r 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 0 or restriction. 3. Respondent i is, and has been at all times material hereto, a licensed dentist i in the State of Florida, having been issued license number DN 10696. Respondent's last known address is 5909 Congress Avenue, Atlantis, Florida 33462-1347. WwW of Ww . 4. On or around March 6, 1998 Patient G.B. presented to the Respondent for a dental consultation. 5. The Respondent advised Patient G.B. that her existing crowns needed to be replaced. . 6. The Respondent removed Patient G.B.’s existing crowns’ and replaced them with temporary crowns. 7. In or around April 1998, the Respondent placed permanent crowns in Patient G.B.’s mouth. 8. - Patient G.B. experienced pain after the placement of the permanent crowns. 9. In or around F ebruary 1999, the Respondent referred Patient G.B. to an endodontist for root canal therapy. - - 10. The Respondent's records of Patient G.B. failed to justify his treatment of the patient because the records: | a. Did not include a proposed treatment plan; b. Did not include the Respondent’s evaluation of Patient G.B.’s oral condition (for example: posterior support, missing teeth, or a proposed treatment plan); oat . ; c. Did not include a diagnosis for the treatment he provided to Patient G.B. te X-rays of Patient G.B. noted decay/open margins, which were not treated. imum standard of care. AR TREE ME I RE I or eI I COUNT I 13. Petitioner realleges and incorporates by reference the foregoing allegations as if fully stated herein. 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) (m), Florida Statutes, through violation of Rule 64B5-17.002 (1)(b) and (c), Florida Administrative Code, which states a dentist shall maintain written records on each patient which written records shall contain at a minimum, the results of clinical examination and tests conducted, including the identification, or lack thereof, of any pathology or diseases; and that a dentist shall maintain written records on each patient which written records shall contain at a minimum the treatment plan proposed by the dentist. \ COUNT II 15. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12). 16. Bas ing, the a 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, including, but not limited to, the undertaking of diagnosis and treatment for which the dentist is not qualified by training or experience or being guilty of dental malpractice. pondent’s license to practice dentistry in the State of Wd 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 soa of rah DEPARTMENT OF HEALTH _DEPUTY CLERK CLERK Vehi K-Mart pate. 37/37 2000 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 (850) 487-9670 ILC/elt PCP: Garcia, Robinson, & Fisher DATE: January 27, 2000 Gary Cohen, DN Case Number: 99-55353 Date: December 1,1999 _, 2000. Robert G. Brooks, M.D. Secretary, Department of Health Chief Attorney Agency for Health Care Administration qs a

Docket for Case No: 00-001580