er] STATE OF FLORIDA, 0 4y, f DEPARTMENT OF HEALTH U6) My Wigner DEPARTMENT OF HEALTH, “ onyyfSon Of RE ASI RAT yn PETITIONER, Pines vs. . CASE NUMBER: 1999-53053 NOEL SPURLOCK, DDS. 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 NOEL SPURLOCK, D.DS., 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. ny 2. Pursuant to the authority of Section 20.43 (3) (8), Flovida 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 beert at all times material hereto, a licensed dentist in ‘the State of Florida, having been issued license number DN 6463. Respondent's last known address is 4041 Highway 90, Pace, Florida 32571-1917. Vo, o) 4. : On or about August 28, 1996, Patient B.M. presented to the Respondent for extraction of tooth number fifteen (#15). 5. On or about August 28, 1996, the Respondent extracted Patient B.M.’s tooth number fifteen (#15). 6. During the extraction of Patient B.M.’s tooth number fifteen (#15) the Respondent left iodoform gauze in the left maxillary sinus. 7. The failure to remove the gauze resulted in the development of an antral fistula. 8. The Respondent continued to treat Patient B.M. for complications resulting from the extraction until on or about October 2, 1996 at which time he referred Patient B.M. to an ENT (Ear, Nose, and Throat Specialist). 9. The ENT diagnosed an antral fistula with the maxillary sinus 50% filled with fluid. 10. The ENT referred Patient B.M. to an oral surgeon. 11. The oral surgeon performed surgery on or about October 16, 1996, at which time he found and removed the iodoform gauze. 7 12. Patient B.M. returned to the ENT for follow-up treatrhent. 13. The Respondent failed to meet the minimum standard of care in the treatment of Patient B.M. by, but not limited to, the following: a. Failure to remove iodoform gauze from extraction site; and b. Failure to refer Patient B.M. in a timely manner. 2 14. 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) (x), Florida Statutes, for being guilty of incompetence or negligence by failing to meet the minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance, including, - Vo, 1) 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. Vo. ro) 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 whist day of Mar Vax L , 2000. Robert G. Brooks, M.D. Secretary, Department of Health BY: Nancy M. Snurkowski Chief Attomey Agency for Health Care Administration COUNSEL FOR AGENCY osanna M. Catalano Senior Attomey Agency for Health Care Fi LE D Administration DEPARTMENT OF HEALTH P. O. Box 14229, mail stop 39 DEPUTY CLERK Tallahassee, Florida 32317- 4229 CLERK U/eme. Lomod (850) 410-3467 DATE RMCiclt PCP: Garcia, Robinson, & Fisher DATE: January 27, 2000 Noel Spurlock, DN Case Number: 1999-53053 . Date: November 23, 1999

Docket for Case No: 00-003115PL