Ned bl STATE OF FLORIDA L . DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, , KE ae , vs. CASENUMBER: 1999-55073 JAMES M. WHITT, D.M.D. . — G0-/€E id 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, JAMES M. WHITT, D.M.D., 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 F lorida, having been issued license number DN 8305. Respondents last known address i is 1435 Howell Branch Road, Suite F., Winter Park, Florida 32789. SO RRR NORE Re Pee rr YU oo U 4, On or around November 11, 1998, Dental Services of America ran an advertisement on the front page of “The Flyer”, a publication from Dade County, Florida. 5. Dental Services of America is a dental referral service, 6. The advertisement did not list the name of the dentist responsible for the advertisement. | 7. Dental Services of America refers patients to the Respondent. 8. The number “1-800-242-9836” listed in the advertisement was the dental referral service. | 9. An Agency investigator spoke with an operator at the number “1-800-242-9836” and asked for a dentist in the Orlando area, 10. The operator gave the investigator the number “(407) 629-1995” and told the investigator that it was the only phone number she had in that area code. 11. The phone number “(407) 629-1995” is the number for the Respondent’s practice. 12. The advertisement also contained the words “sin dolor”, which is Spanish for “without pain”. _COUNTI I 7 13, : Petitioner reallege and i incorporates by reference the foregoing allegations a as if iffully stated herein, 4. Florida i is 5 subjec to asin for viola’ ing ection 4. 028 dd) (aa), Florida Statutes, through Based on n the foregoing, the Respondent’s license to practice dentistry i in n the State of violation of 64B5-4, 002(3)(1), Florida Administrative Code, which states that no dentist shall . disseminate or cause the dissemination of any advertisement or advertising which contains other representations or implications that in all probability will cause an ordinary prudent person to misunderstand or to be deceived. 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) (aa), Florida Statutes, through violation of 64B5-4,002(6), Florida Administrative Code, stating that any dentist who advertises by, through, or with a referral service shall by held responsible for the content of such advertising and all such advertisements shall comply with this rule and contain the following: a statement that the advertisement is for a dental referral service and is in behalf of the dentist members of the referral service; a statement that the referral service refers only to those dentists who have paid o or been otherwise selected 1 for aembership in. in the referral service; a statement that membership in the. referral service is limited by the referral agency; and a statement that dentists who receive referrals from the referral service charge no more than their usual and customary professional fees for ‘service. These required statements shall be present in reasonably recognizable print or volume ~ €quivalent to the size or volume of other information in the advertisement. ett dete eiedh Saal ddtte oo aaa ee wane ne Ww — 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 this [+ day oO , 2000. Robert G. Brooks, M.D. Secretary, Department of Health BY: ° Nancy M. Sn Ski Chief Attorney Agency for Health Care Administration COUNSEL FOR AGENCY GR M. Catalano : Senior Attorney Fl LE D Agency for Health Care Administration Pe : : DEPARTMENT OF HEALTH Practitioner Regulation DEPUTY CLERK P. O. Box 14229,mail stop 39 CLERK Uebi RL Tallahassee, Florida 32317- 4229 (850) 487-9670 oo pate RL 8 C0 RMCict_ PCP: Garcia, Robinson, & Fisher DATE: January 27, 2000 "JAMES M. WHITT, DN ___. Case Number: 1999-55073 Date: November 9, 1999 re on na ee

Docket for Case No: 00-001868