STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, . . PETITIONER, OH -KNUTPL vs. . CASE NUMBER: 96-00954 RONALD L. ASKOWITZ, D.D.S., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, the Department of Health hereinafter referred to as "Petitioner", and files this Administrative Complaint before the Board of Dentistry, RONALD L,. ASKOWITZ, D.D.S., hereinafter referred to as "Respondent", and alleges: against 1. Effective July 1, 1997, Petitioner is the state agency charged with the regulating the practice of dentistry pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 466, Florida Statutes. Pursuant to the authority of Section 20.43 (3) (f), Florida Statutes, the Petitioner has contracted with the Agency of 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 0003884. Respondent's last address is 260 95th Street, Suite. 209, Miami, Florida 33154. known C C 3. On or about May 31, 1996, Agency Investigators, Dahna Schaublin and Diane ~ Robie conducted an inspection of the Respondent's dental office. The inspection revealed the following: a. The furniture, floors, sinks, storage areas, equipment and instruments were unclean; b. Unsterile and broken instruments were in treatment areas; c. A bottle of expired Valium, approximately fifty (50) in count, was ona shelf in a room of the dental office. The Valium was not locked in the cabinet; d. A large coffee can filled with approximately seventy-five (75) to one hundred (100) used syringes and needles was in a room of the dental office; e. A room resembling a dental lab containing: compounding powder, instruments, machinery, several metal impressions, and various sized teeth; f. The Radiation Control machine registration was expired; and g. The Receptionist, Patrician Toffu, was sterilizing instruments and assisting at chair side. 4, On or about June 17, 1997, Agency Investigators, Dahna Schaublin and Guillermo Tejeda conducted a unannounced inspection of the Respondent’s dental office. The inspection revealed the following: a. The counters, drawers, and cabinets were unclean; b. The instruments, dental chair, drills, autoclave machine, and ultrasound machine were unclean; | . instances the instruments were poking out of the end of the bag; Co c c. There were instruments in old, torn, unsealed, undated bags. In some d. The sharps box was filled to capacity; e. The autoclave bags were reused; f. There were dozens of unlabeled bottles lying on shelves, in drawers, on counter, all marked “hazardous”; g. There were dental bridges and dentures stacked, uncovered on a shelf} and h. The secretary at the front of the office had a mass of twisted and exposed wires under the return of her desk. co I 5. Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs as if fully stated herein. 6. Based on the foregoing, Respondent’s license to practice dentistry in the State of Florida is subject to discipline for violating section 466.028(1)(u), Florida Statutes, for failing to provide and maintain reasonable sanitary facilities and conditions. COUNT 7. Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs one (1) through four (4) as if fully stated herein. 8. Based on the foregoing, Respondent’s license to practice dentistry in the State of Florida is subject to discipline for violating section 466.028(1)(ff), Florida Statutes, for operating or causing to be operated a dental office is such a manner as to result in dental treatment tHat is below minimum acceptable standards of performance for the community. WHEREFORE, Petitioner respectfully requests the Board of Dentistry to 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, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED if DAlday of Oe rber 1956. Douglas M. Cook, Director Chief Attorney on behalf of Agency for Health Care Administration COUNSEL FOR PETITIONER: regory W. Files Xe Attorney scone LED Agency for Health Care DEPUTY CLERK Administration cufaarda a Allied Health - Legal B P.O. Box 14229 , pate_[2-l-F7 Tallahassee, Florida 32317 (904) 487-2225 GWE/rvj PCP: F.G. , W.R., & M.M. DOM: October 24, 1997

Docket for Case No: 00-005062PL