@ Final Order No. DOH-02-1217- SS -MOA FILED DATE - STATE OF FLORIDA BOARD OF DENTISTRY By: Deputy Agency Clerk = DEPARTMENT OF HEALTH, Petitioner, sy vs. CASE NOS.: 1999-56547 r 2001-21820 Ker ) JOEL STOLZENBERG, D.D.S., 2001-21464 “. LICENSE NO.: DN 2794 wee ; Respondent. pre . / 0.9 -(9Y0PL cyte “ FINALORDER = AL sae f LI, © THIS MATTER came before the Board of Dentistry (hereinafter referred to as the “Board”) pursuant to Sections 120.569 and 120.57(4), Florida Statutes, on July 19, 2002, in Fort Myers Beach, Florida, for a determination of whether to accept the proposed Settlement Stipulation (a copy of which is attached and incorporated herein by reference) entered into between the parties in the above-styled case. The Petitioner was represented by Samuel Dean Bunton, Senior Attorney. The Respondent was present and represented by Ira Hatch, Esq. Upon consideration, it is ORDERED AND ADJUDGED: 1. The proposed Stipulation is hereby approved and adopted and incorporated herein by reference. 2. Administrative Costs are hereby assessed at $3,353.47. 3. Respondent shall adhere to and abide by all the terms and conditions of the Stipulation and this Order. 4. This Fina! Order shall be placed in and become a permanent part of Respondent's Official record with the Board. 5. This Final Order becomes effective upon being filed with the Clerk of the Department of Health. DONE AND ORDERED this _ 3 ¢4 day of Chesau rv , 2002. FAUSTINO G. GARCIA, D.M.D. CHAIRMAN CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been provided by U.S. Mail to Joel Stolzenberg, D.D.S., 3019 Galt Circle, Port St. Lucie, FL 34984; to [ra Hatch, Esq., 1701 Highway A1A, Suite 220, Vero Beach, FL 32963 and by hand delivery/United States Mail to the Clerk, Department of Health and its Counsel this gt day of die bat , 2002. DAG re! Borger _JUL-24~20H2 11:33 AHCA ALLIED HEALTH 650 486 1855 P.82/08 * coe c - Feek Weel as wh awe we oe no.6“ oe -—_ JuULW12-2062 11:59 600A ALLIED HEALTH 956 488 1655 PP. STATE OF FLORIDA DEPARTMENT OF HEALTH BOARD OF DENTISTRY DEPARTMENT OF HEALTH, Petitioner, vs. CASE NO. 1999-56547: 2001-22820: 2001-21464 JOEL STOLZENBERG, D-D.S. Respondent. / STIPULATION Pursuant to Section 120.57(4), Florida Statutes, the above named partics hereby offer this Stipulation to the Board af Dentistry as disposition of the Administrative Complaints, attached hereto as Exhibit “A,” in lieu of any other administrative proceedings. The terms herein become effective only if and when a Final Order accepting the Settlement Stipulation is issued by the Board and filed. In considering this Stipulation, the Board may review all investigative materials ; regarding this case. If this Stipulation is rejected, it, and its presentation to the Board, shall not be used against either party. STIPULATED FACTS 1. For al times pertinent herein, Respondent was a licensed dentist in the State of Florida, having been issued license number DN 2794. Respondent's last known address is 3019 Galt Cirele, Port St, Lucie, Florida 34984. 2. The Respondent was charged in two separate one-count administrative complaints and in a two-count Administrative Complaint filed by the Board of Dentistry and properly served Page 1 of 7 : ~"teitial ae ew eee aa PU Icy mein E No.7il 07715 "G2 10:24 rpo:tal ‘8 DOTY. PA Ponty «USB 458 1855 LL-12-2002 11:59 ARCA ALLIED HEALTH ose 408 1855 upon Respondent with violations of Chapters 456 and 466, Florids Stanutes. A true and correct copy of the Administrative Complaints is attached hereto and incorporated by reference a5 Exhibit A. 3. Respondent admits the fictaa) allegetions contained in the Admininnzive Complaints for the purposes of settlement in these administrative proceedings only. STIPULATED LAW 1. Respondent admit that he is subject tothe provisions of Chapter 456 and 466, rrovida Surstes, end the juristiction of tbe Board, Deparment of Health end the Agency “or Health Care Administration. 2. Respondent admits that the stipuleted facts, if proven true, constitute violations of laws. 3. respondent admits that the mipulated disposition in this ease is fic, appropriate and acceptable to Respondent. ‘ PROPOSED DISPOSITION 1. The Respondent ahall be present when this Stipulation i presented to the Board, snd under ovth shall answer quetions by the Board concering this case end the disposition therwot 2. Peepondent’ license shal receive a Reprineand by the Bosrd of Dentistry 3. The Bosrd of Dentistry shall impose an administrative fine of six (56,000.00) ronsand dollars agains: the Respondents license, to be paid by the Respondent to the Exacutive Director of the Board of Dentistry, im eighteen equal monthly mstallments. Please remit payment to: P.04 Deparment of Health, HMQAMS/Cliet Services, P.O. Box 6320, Tallahassee, Florida 32314 6320, ATTN: Dentistry Compliance Officer. 4. The Respondent shall reimburse the Board of Dentivy in the amount of the actual seats for the jnvestigntion and procecution of these eases, to be peid by the Respondent ro the Page 2 et 7 . Tnitial _P. 3-28 sures" §=6115 34 AHCA ALLIED HEALTH E No.711 0715 “02 10:24 ID:HATC. 7 DOTY, PA FHALpvuceeep «58 488 1655 1-12-2002 12323 PRCA ALLIED HEALTH e520 see 1655 Executive Director of the Board of Dentistry, within one (1) year of Sling the Final Order accepting $s. within two years of the filing of the Board's Final Order in this cause, the Respondeat shall guccessfully enroll and complete the University of Florida Compreheasive Deatisury eporse. Within thirty (30) days of completion of the course, the Respondent shall gobmit proof of course content and successful completion to the Board of Dentistry Office. These continuing education courses are in ADDITION to those continuing educstion crodiss normally required for renewal of the Respondent's license. Home study courses WILL NOT be accepted to satisfy this condition unless specifically authorized by the Board of Dentistry. 6. Respondents license shall be suspended for a minimam of sk (6) months, five mnoatbes of said suspeation shall be stayed. 7. Respondent shall pay the fue and costs listed ta the Final Order th Cass Nernber 1998-00952, ( fine in the emount of $6,000.00 and costs in the amount af $4,000.00 for « tora of $10,000.00) to be psi by the Respondent to the Executive Director of the Bosrd of Dentistry, im eighteen equal monthly installments. Please remit payment 10: Deparunent of Health, HMQAMS/Client Services, P.O. Box 6320, Tallahassee, Florida 32314-6320, ATIN: Dentistry Compliance Officer. . 8. Respondent's ticonse shall remain on Probation for a period of two (2) years following completion of suspension. 9. Respondent shall perform ene bandred (100) Bours community service providing free dental services. 10. The Respondent's continuing education courses will be audited for the pext two dleonfams. Page 3 of 7 ———o Taitial Pe P.24/08 _ SUL" Za-aemz 11534 AHCR ALLIED HEALTH 65@ 488 1855 P.@5/28 JUL~12-2822 12728 ArmA ALLIED HEALTH @5@ age 2855 P.e6 11. Respondent shall eubmit an Affidavit to the Board of Dentistry within thity days of the issusnce of the Final Order attesting that he has read and understands the laws and rules governing the practice of dentistry in the State of Florida. This shall include, but is not limited to, Chapters 456 and 466, Florida Statutes and Chapter 6485, Florids Administration Code. 12. Respondent shall not in the future violate Chapter 456 and 466, Florida Statutes, the mules promulgated pursuant thereto, or any other state or federal law, rule, or regulation relating to the practice or to the ability to practice dentistry. » 23, Inds expressly understood that « violstion of the terms of this Stipulation shall be considered a violation of a Final Order of the Board of Dentisny, for which disciplinary sction may be initiated pursuant to Chapter 456 or 466, Florida Statutes. 14. ‘It is expressly understood that this Stipniation is subject to approval of the Board and bas no force or effect until an Order is based upon it by the Board. 15. This Stipulation is executed by the Respondent for the purpose of avoiding further administrative action by the Board of Dentistry regarding the acts or omissions specifically set forth in the Administrative Complaint. In this regard, Respondent authorizes the Board to review and examine all investigative file materials cancerning the Respondent prior to or in conjunction with consideration of tho Stipulation, Respondent agrees to support this Stipulation at the time it is presented to the Board, and shall offer no evidence, testimony, or argument that disputes or contravenes any stipulated fact or conclusion of law. Furthermore, should this Stipulation not be accepted by the Board, it is agreed that the presentation and consideration of this Stipulation and other documents and matters by the Board shall not unfairly or illegally prejudice the Board of ary of its members from further participation, consideration or resolution of these proceedings. 16. The Respondent and the Department fully understand that this Stipulation and sabsequent Fina) Order incorporating same, will in no way preclude additional proceedings by Page « of 7 —s Initial FR Rin fii nel ore TET FEET esa 45g tes ST the Department or Board, aguinst the Respondent for acts or omissions whisk are not the ewhiert of the Administrative Complaint, attached hereto as Exhibit A, issued im this cause. This Stipulation relates solely to the current disciplinary proceedings arising from the aforementioned complaint and does not prechude further action by other divisions, departments, and/or sections of the Department of Health, including, bur not limited wo, the Agency's Medicaid Program Integrity Office. 17. ‘The Respondent waives the right to seek anomey’s fees and/or costs from the Board or Department of Health, in comnection with this disciplinary proceeding. ——— Tnitiel Bage § of 7 , JW-24-2002 11:34 (PHCA ALLIED HEALTH _ 852 488 1855 P2728 : prone. "| Jul. 12 2082 @5:@2Pm P2 7s re ed —— ; - FILE No.701 07712 '02 14:00. 1D:HafcH & DOTY, PA FAX: 16612348299 . PME & TUW12-2082 12180 CHCA FLLIED HEALTH B58 468 1635) Pe WHEREFORE, the partics hereby request the Bosrd to anter a Pinal Order accepting and implementing the terms contained berein. . . _ SIGNED this Z77_ day 0! bar me penn pans —Jakh STB ALE 6 i en knows to me by__* (type of identification), and who, under cath, ; scipowledges that his/her signature appears above. ; . subscribed by Respondent © “ss. JUL-24-2082 11:35 AHCA ALLIED HEALTH 658 488 1855 P.28-268 JUL-32-2882 «12:81 fen ALLIED HEALTH @5@ 483 1855 POS COUNSEL FOR PETITIONER: Samuel Dem Bunton Department of Health Burean of Health Care Practitioner Regulation-Legal 4052 Bald Cypress Way, Bin #C-65 Tallahassee, Florida 32399-3265 (850) 410-3467 Page 7 of 7 eee ” Zaitial TOTAL ?.89 TOTAL P.2B

Docket for Case No: 02-001940PL