CO-4oTOPL STATE OF FLORIDA ebay DEPARTMENT OF HEALTH yb ba fe be ‘DEPARTMENT OF HEALTH, 00 NOY 14 AM IO: 43 V ihe PETITIONER, . iN iS] FRA Atl ‘ve sah ARINGS vs. CASE NUMBER: 1998-20146 DARRYL DAMON, D.M.D. 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, DARRYL DAMON, D.M.D., referred to as “Respondent”, and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of Dentistry pursuant to Section 20.43, Florida Statutes, Chapter 456, Florida Statutes, (formerly Chapter 455, Part II; see Chapter 2000-160, Laws of Florida), and Chapter 466, Florida Statutes. Pursuant to Section 20.43(3)(g), Florida Statutes, the Department 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 appropriate. 2. Respondent is, and has been at all times material hereto, a licensed dentist in the State of Florida, having been issued license number DN 0010898. Respondent's last known address is 8591 Bonita Beach Road, #110, Bonita Springs, Florida 33923-4202. . 3. Professional Dental Associates, Inc., hereinafter referred to as "PDA" is a Delaware corporate entity, not composed of dentists. 4. PDAFLA, Inc., a wholly owned subsidiary of PDA, is a Delaware corporate entity, not ‘ composed of dentists. ; 5. On or about December 29, 1997, Respondent signed an Asset Purchase Agreement with PDA and PDA FLA, Inc. _ 6. The Asset Purchase Agreement, paragraphs 7.1(c) and 8.13 provided for the transfer of Respondent's employees to the control of PDA and PDA FLA, Inc. 7. On or about January 27, 1998, Respondent signed a Management Services Agreement with PDA FLA, Inc., to be effective as of February 1, 1998. 8. The Management Services Agreement, paragraph 2.4, provides for the transfer of Respondent's employees to the control of PDA FLA, Inc., including "dental hygienists, dental assistants, and any other dental staff members." 9. This transfer of control over Respondent's employees to PDA and PDA FLA, Inc. allowed PDA and PDA FLA, Inc. to influence or otherwise interfere with the exercise of Respondent's independent professional judgement. 10. Based on the foregoing, the Respondent's license to practice dentistry in the State of Florida is subject to discipline pursuant to Section 466.0285 (2)(d), Florida Statutes, for being guilty of entering into a relationship with an entity that is not a professional corporation or limited liability company- composed of dentists, in which such entity exercised control over decisions relating office personnel. - ame 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 HY/h day of { Me oly , 2000. Robert G. Brooks, M.D. Secretary, Department of Health n BY: Nancy M. Snurkowski Chief Attorney Agency for Health Care. Administration COUNSEL FOR AGENCY John L. Chaves ; Senior Attorney Agency for Health Care Fl LED 7H Administration DEPARTMENT OF HEAL Practitioner Regulation DEPUTY, P. O. Box 14229, mail stop 39 ry é Tallahassee, Florida 32317- 4229 fo nes (850) 487-9670 OA C/ALC/dpiclt PCP: Faustino Garcia, William Robinson, & Gloria Fisher DATE: September 28, 2000

Docket for Case No: 00-004670PL