area SG ODES RECEiyEg. DEPARTMENT OF HEALTH OOMARI7 AM: 99 DEPARTMENT OF HEALTH, | PETITIONER, vs. : CASE NUMBER: 1999-55740 JAMES GAUNT, D.D.S. RESPONDENT. ; ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as "Petition", and files this Administrative Complaint before the Board of Dentistry against JAMES GAUNT, ‘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 se 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 3 3541. Respondents last known address is Paes 115 Gloria Street, Clewiston, Florida 33440-3505. LEGAL ph Ea Vv WS 4. On or around June 16, 1998, Patient S.W. presented to the Respondent for dental treatment. _ 5. On or around June 18, 1999, Patient S.W. sent a certified letter to the Respondent requesting a copy of her dental records. 6. The Respondent failed to deliver a copy of Patient S.W.'s dental records pursuant to the patient’s request of June 18, 1999. 7. The Agency also requested Patient S.W.’s x-rays from the Respondent. 8. The Respondent failed to produce Patient S.W?s x-rays as the agency requested. 9. 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 Statutes, for failing to ‘take 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. Xe WW (ed 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 COUNSEL FOR AGENCY . 7 John L. Chaves Senior Attorney Agency for Health Care Administration Practitioner Regulation P. O. Box 14229, mail stop 39 Tallahassee, Florida 32317- 4229 (850) 410-3467 ILC/cit PCP: Garcia, Robinson, & Fisher DATE: January 27, 2000 James Gaunt, DN Case Number. 99-55740 Date: December 28, 1999 Wa day of | niet , 2000. : Robert G. Brooks, M.D. Secretary, Department of Health BY: Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration DEPARTMENT OF H DEPUTY CLERK 7H VERK Uebi RA oe pate. 27/3 “ROSS

Docket for Case No: 00-002218