AL RE Ay FILED: STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH PETITIONER, vs . CASE NUMBER 99-52380 00-9535 BRYAN Q. PHAMNGUYEN, D.DS. "RESPONDENT. ee ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, hereinafter referred to as “Petitioner”, files this Administrative Complaint before the Board of Dentistry, against BRYAN Q. PHAMNGUYEN, 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 and Chapters 455 and 466, Florida Statutes. Pursuant 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 se services required by the Division of Medical ‘Quality Assurance, councils or boards. spondenti is, “and has been at all times material hereto, a licensed dentist fan in the st state eof Florida, having been issued license number DN 13272. Respondent? s last known address is 3453 Paisley Circle, Orlando, Florida 32817. 3. On or about March 12, 1997, the patient presented to the Respondent for ry ay rr the extraction of tooth #17. - 4. On or about March 19, 1997, the Respondent removed the sutures from the extraction site of tooth #47. “At that time, the patient complained of numbness on the left outer one-third of his tongue and along the gumline to the extraction area. 5. The Respondent advised the patient to wait one week and that if the condition did not improve, the patient would be referred to an oral surgeon for evaluation. After two follow-up visits to the Respondent, the Respondent referred the patient to an oral surgeon for evaluation. 6. On or about June 2, #997, the patient was evaluated by an oral surgeon who determined that the patient sustained a left lingual nerve injury during the extraction of tooth #17. 7. The Respondent was not qualified to perform the extraction of tooth #17. COUNT ONE 8. Petitioner realleges and incorporates by reference the foregoing allegations as if fully stated herein. 9. 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)(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 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. wo ence = ogee gmt oe 2 . WHEREFORE, Petitioner respectfully requests the Board of Dentistry to enter an’ i 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 his Kraay of ( \ LL 4 , 2000. oo Robert G. Brooks, M.D. : ! Secretary, Department pf Health : i cy M. Snurkow Chief Attomey * Agency for Health Care Administration Office of General Counsel ; COUNSEL FOR PETITIONER: | ; John L. Chaves . Senior Attorney F LE D : Agency for Health Care Administration DEPARTMENT OF HEALTH F Office of the General Counsel ; , or CLERK P.O. Box,14229, Mailstop #39 - CLERK Yahi . ; Tallahassee, Florida 32317-4229 Webi Ream : (850) 410-3467 DATE Od Aen : Case No.99:52380 i i Pcp &k Y-a¥-er:

Docket for Case No: 00-002535