w) : . ‘ . wo) STATEOF FLORIDA Q OU &p DEPARTMENT OF HEALTH | lity » DEPARTMENT OF HEALTH, AO 4, 3 PETITIONER, “ania My, vs. CASE NUMBER: 99-56691 MARGARET KLINGELE,DDS. 7 OO-/ g ie) 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, MARGARET KLINGELE, D. >. Ss, 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. Pursuant 1 to the authority of Section 20.43 (3) (g), Florida Statutes, the Petitioner has contracted with ‘the Agency for Health Care Administration to > provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical | Quality. Assurance, councils, or boards as 5 appropriate 2. _ Respondent i is, and has been at all times material hereto, a licenséd dentist in the I W. presented to the Res ondent for dental t ‘reaim t oo 2 OF ‘around May 3, 1997, 7 hgh on or around id August 19, 1998, 8, Patent Saget op eee scepter ore a 4. On or around August 19, 1998, the Respondent informed Patient J.W.’s mother that J.W.’s teeth numbers (4) four and (13) thirteen were congenitally missing and that deciduous teeth #A and #J were decayed. : 5. The Respondent failed t to treat t the decay i in deciduous teeth #A and #J. 6. On or around August | 19, 1998, the Respondent referred Patient J. w. to an orthodontist. 7. A Subsequent treater performed an orthodontic evaluation on Patient J.W. on or shout September 23, 1998. 8. The subsequent treater created a a treatment pian consisting of pulpotomies and i MO amalgams for Patient J.W.’s abscessing teeth. 9. On or about December 29, 1998, Patient J.W.’s mother requested Patient J.W.’s dental records from the Respondent. 10.‘ The Respondent did not comply with Patient tJ. W.’s mother’ s request. 11. Onor - about January 1 1, 1999, Patient I Ww? s mother requested Patient J.W.’s dental records from the Respondent. \ 12. The Respondent did not comply with Patient J.W.’s mother’s request. 13. The Respondent failed to provide Patient I.W.s mother with the patient’s records. 214. The Respondent’ s dental progress notes for Patient J.W. were limited, particularly ‘regarding the evaluation of Patient J.W.’s deciduous teeth #A and #J. 2 15. ; The Respondent’s records failed to justify the course of treatment for Patient J.W. . - COUNT I 16. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through fifteen (15). 17. Based on the foregoing, the Respondent’s license to practice dentistry in the State of Florida is subject to discipline pursuant to Section 466.028(1)(n), Florida Statutes, for failing to make available to a patient or client, or to her or his legal representative or to the department 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 18. Petitioner realleges and incorporates by reference the allegations contained in ‘ ; paragraphs one (1) through fifteen (15). 19. Based on the foregoing, the Respondent’ s license to practice dentistry i in the State of F lorida i is Subject to discipline Pursuant to to Section 466, o28(1a0 Florida a Statutes, for the violation wae eae ene emt incgin or the repeated violation of chapter 466 0 or Part II of chapter 455, or any y rule promulgated pursuant ~~ to part II of chapter 455 or chapter 466. ceperre 7) ' ‘wo COUNT TT 20. Petitioner realleges. and incorporates by reference the allegations contained in paragraphs one (1) through fifteen (15), 21. Based on the foregoing, the Respondent’s license to practice dentistry in the State of Florida is subject to discipline pursuant to 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. cer coerce o 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, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. ses» SIGNED this [ Xheay of COUNSEL FOR PETITIONER: _ John L. Chaves Senior Attorney — Agency for Health Care _ Administration __ Post Office Tallahassee, Florid (904) 410-3467 ey SLC ee PCP: Garcia, Robinson, & Fisher __ DATE: January 27, 2000 “MARGARET KLINGELE, DN CASE NUMBER: 1999-56691 _ DATE: November 5, 1999 Robert G. Brooks, M.D. Secretary, Department of Health Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration DEPARTMENT OF HEALTH . DEPUTY CLERK CLERK Yahi RY ome DATE. 2 LA [Go___ ce eee er 17 R E: PrmERRE Orne re TET

Docket for Case No: 00-001883