Qo if “A STATE OF FLORIDA : Ap DEPARTMENT OF HEALTH angi. © , hy an “, , Aye, DEPARTMENT OF HEALTH, Meas 50 CYS, PETITIONER, Ose vs. CASE NUMBER: 2000-11789 BENJAMIN CALIMAREA, D.D.S. 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, Benjamin Calimarea, D.D.S., 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 0008477. Respondent's last known address is 842 Glenfield Drive, Palm Harbor, Florida 34684. 3. From on or about April 1996 to on or about March 1998, Patient S.L. presented to the Coast Dental facility for dental treatment consisting of, but not limited to, crown placement on teeth numbers 2, 4, 6, 7, 8, 11,12, 30, and 31. 1 4.- Respondent was one of Patient S.L.'s treating dentist's at Coast Dental. On or about April 16, 1997, the Respondent placed Patient S.L.'s bridge for teeth numbers 2 through 4 and on or about June 1997, the Respondent placed crowns on Patient S.L.'s teeth numbers 6, 7, and 31. 5. An agency expert reviewed the Respondent's dental records for Patient S.L. and determined that the Respondent's written dental records did not include an assessment of Patient S.L.’s periodontal condition nor pre-treatment FMX x-ray films. 6. The Respondent's dental records for Patient S.L. failed to justify the course of treatment of Patient S.L. by, but not limited to, the following: a) Failing to include the results of clinical examinations and tests conducted, including the identification, or lack thereof, of any oral pathology or diseases; and b) Failing to include pre-treatment full mouth radiographs. 7. Petitioner realleges and incorporates by reference the foregoing allegations as if fully stated herein. 8. Based on the foregoing, the Respondent’s license to practice dentistry in the State of Florida is subject to discipline pursuant to 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, day of 2001. (Whe Le guanloee. Robert G Brooks, M.D. Secretary, Department of Health Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR AGENCY Paula Milam, Senior Attorney Bar # 0135925 : Agency for Health Care Administration Practitioner Regulation . ; RES 5 FILE P. O. Box 14229, Mail Stop 39 Tallahassee, Florida 32317- 4229 DEPARTMENT OF HEALTH DEPUTY CLERK (850) 487-9670 ont Phria Hot pate__9 PM/cab/clt me 4 fia PCP: Garcia and Robinson DATE: August 30, 2001

Docket for Case No: 02-001947PL