FIED STATE OF FLORIDA DEPARTMENT OFHEALTH —)._ NOV 14 ma i0: 46 DEPARTMENT OF HEALTH, nani sy ul vaaN NE PETITIONER, v. CASE NUMBER: 98-20212 JOHN TRAPP, DDS, © L574 Pl 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 John Trapp, 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 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 Page 1 of 3 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 0004924. Respondent’s last known address is 1001 South Loop Blvd., Lehigh Acres, FL 33936-6028. 4. Professional Dental Associates, Inc., hereinafter referred to as "PDA" is a Delaware corporate entity, not composed of dentists. 5. PDA FLA, Inc., a wholly owned subsidiary of PDA, is a Delaware corporate entity, not composed of dentists. 6. On or about July 15, 1998, Respondent signed an Asset Purchase Agreement with PDA and PDA FLA, Inc. 7. The Asset Purchase Agreement, paragraph 4.11, provided for the transfer of Respondent’s employees to the control of PDA and PDA FLA, Inc. 8. 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 judgment. 9. Based on the foregoing, the Respondent’s license to practice dentistry in the State of Florida is subject to discipline pursuant to Section 466.0285(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 to office personnel. 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 Page 2 of 3 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 AY Naay of _{ ya. la y , 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 Administration F ] LE D Practitioner Regulation : DEPARTMENT OF HEALTH PO Box 14229, mail stop 39 Tallahassee, FL 32317-4229 Gea C-aclap : oaTe_\ oS Roce PCP: DATE: *\ -2B-ea00 Page 3 of 3

Docket for Case No: 00-004673PL