STATEOFFLORIDA sd’ fi Ep DEPARTMENT OF HEALTH gy p) £8 22 ‘Py yo DEPARTMENT OF HEALTH, 30 bor DIVIS frye vs : ADMInis 8 wr PETITIONER, HE ARIA tANIVE vs. CASE NUMBER: 1998-00952 JOEL STOLZENBERG, DDS. O10 TWH PE 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 JOEL STOLZENBERG, 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; 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 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 0002794. Respondent's last known address is 3019 Galt Circle, Port St. Lucie 34984. el 4. On or around February 7, 1995, Patient A.F. presented to the Respondent for dental treatment. 5. Patient AF. presented with a class I malocclusion with a deep anterior bite and flared maxillary anteriors. 6. The Respondent failed to contact the patient’s Periodontist to confirm clearance for treatment or to consult Periodontist concerning diagnosis and treatment plan. 7. The Respondent provided orthodontic treatment for Patient A-F. from about February 1995 through about August 1996. 8. An agency expert opined that the Respondent failed to meet the minimum standard of diagnosis and treatment in regards to Patient A.F., due in part, but not limited to, the following: (a) By using excessive orthodontic forces; and (b) Failing to carefully monitor Patient A.F.’s treatment; 9. The Respondent failed to failed to keep written dental and medical history records justifying the course of treatment in regards to Patient A-F., due in part, but not limited to, his failure to show progression of Patient A.F.’s periodontal disease and bone loss. 10. The Respondent’s treatment of Patient A-F. resulted in the requirement of extensive orthodontics and restorative dentistry. COUNT I 11. Petitioner realleges and incorporates by reference the foregoing allegations as if fully stated herein. 12. 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, 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. COUNT U 13. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through ten (10). 14. Based on the foregoing, the Respondent’s license to practice dentistry in the State of Florida is subject to discipline for violation of Section 466.028 (1)(m), Florida Statutes, for failing to keep written dental records and medical history records justifying the course of treatment of the patient including, but not limited to, patient histories, examination results, test results, and X rays, if taken. 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 A aay of Mor , 2000. Robert G. Brooks, M.D. Secretary, Department of Health BY: ancy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR AGENCY Rosanna M. Catalano Senior Attorney , Agency for Health Care ‘ Administration P. O. Box 14229, mail stop 39 Tallahassee, Florida 32317- 4229 (850) 410-3467 RMC/elt PCP: Garcia, Robinson, & Fisher _ DATE: January 27, 2000 ‘Joel Stolzenberg, DN Case Number: 1998-00952 Date: November 18, 1999 A FILED DEPARTMENT OF HEALTH DEPUTY CLERK cterk Qiong Combes pate_2 li aloo

Docket for Case No: 01-000764PL