Vw . STATE OF FLORIDA "PILED ae DEPARTMENT OF HEALTH somes 00 MAY 10 PH 3:42 DEPARTMENT OF HEALTH, : (0- (78 Bivie PETITIONER, vs. CASE NUMBER: 1999- 53083 NORTON KLOTZ, D.D.S. 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 NORTON KLOTZ, DDS. 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 1 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 oeigy orders of suspension 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 m number DN 3154. Respondent's last known address is 7301-A W. Palmetto Park Road, Suite 20, Boca Raton, Florida 33434. pe Songene Smee oe icin Nw Ww 4. Patient S.M. presented to the Respondent for dental treatment from about 1983 through about 1991. 5. The Respondent failed to maintain proper dental records for Patient S.M. by, but not limited to, the following: | a. Failure to include medical history; b. Failure to include dental examination; c. Failure to include periodontal examination; “d. Failure to include pathological examination; and e. Failure to include a treatment plan. ; _ , 6. Patient S.M. subsequently sought dental treatment from another source. 7. Patient S.M. suffered from periodontal disease, decay, and TMJ : symptoms, 8. Subsequent treater recommended orthodontics and orthognathic surgery followed by restorative treatment and finally, periodontal treatment, 9. The Respondent failed to meet the standard of care in the treatment of Patient S.M. by, but not limited to, the following: a. Failure to treat Patient S.M.’s periodontal disease; and b. Failure to refer Patient S.M. to specialist. Wd . \d COUNT I 10. Petititoner realleges and incorporates by reference the foregoing allegations as if fully stated herein. 11. 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. COUNT II 12. _ Petitioner realleges and incorporates by reference fully the allegations contained in paragraphs one (1) through nine (9). , 13. Based on the foregoing, the Respondent's license to practice dentistry in the State of Florida is s subject to discipline for violating Section 466.028 (1) (x), Florida Statutes, for being guilty of incompetence or negligence by failing to meet the minimum standards of performance i 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. | | w ne) WHEREFORE, Petitioner respectfully Tequests 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 “LK. day of Ke we , 2000. Robert G. Brooks, M.D. Secretary, Department of Health — BY: Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR AGENCY John L. Chaves Senior Attorney ; Agency for Health Care _ DEPARTMENT OF HEALTH Administration DEPUTY CLERK P.O. Box 14229, mail stop 39 RK Yahi R Miiot Tallahassee, Florida 32317- 4229 (850) 410-3467 —ATE_Y- 2 - 2080 | _ ILCrclt Pe cia, Robinson, & Fisher DATE: Jenny 27,2000 Norman Klotz, DN” Case Number: 1999-53083 Date: November 23, 1999 ge ge ge core

Docket for Case No: 00-001959