MOY-17-2BA6 14:51 May 1? 2006 14:3? AHCA P.Garle STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, vs, CASE NUMBER: 2004-36689 ROBERT DEPALMA, D.D.S., RESPONDENT. / ADMIN FA rE ADMINISTRATIVE COMPLAINT , na COMES NOW, Petitioner, Department of Health, by and through ; its undersigned counsel, and files this Administrative Complaint before the Board of Dentistry against the Respondent, Robert DePalma, D.D.S., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of Dentistry pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 466, Florida Statutes. 2. At al times material to this Complaint, Respondent was a “licensed dentist within the State of Florida, having been issued license number DN 4553. JAPSU\Medical\wayne mitehelI\7-04f, DNTL-AC'\Depimaté-36689AMDPC(mien!.doe vev-in-core 1atse auca May lr 2006 14:37 P.a@a/12 3. Respondent's last known address of record is 505 SE 6™ Avenue, Delray Beach, Florida 33483. 4. The Respondent provided dental care and treatment to Patient C.B. from on or about March 25, 2004, through on or about June 3, 2004. Patient C.B. initially presented to the Respondent on March 25, 2004, upon referral from his general dentist due to temperature sensitivity and pain in.tooth number 18. 5. The Respondent performed an intra-oral exam including x- rays and performed a pulp vitality test, which indicated the pulp of tooth number 18 was non-vital and infected. Respondent prescribed an antibiotic and a pain killer, and an appointment for a root canal was scheduled. No other diagnostic results such as bite, percussion or temperature sensitivity tests were recorded in Patient C.B.’s treatment note to support the root canal plan, and no other treatment option alternatives were documented in the treatment notes for that visit. 6. The Respondent performed root canal therapy on Patient C.B.’s tooth number 18 on or about April 6, 2004. The Respondent did not document in the treatment notes the number of canals treated or the lengths of each canal found. There was no record of what 2 JAPSUAMedical\wayne mitchell\7-04f, DNTL-AC 's\Deplma04-36689 AMDPC(m)cnl.doc MAY-17-2886 14:52 AHCA Nay 10 20060 se P.BAe te medication if any was used in the treatment, nor was there any indication of what fill material and root canal sealer was utilized. The Respondent failed to document the overall procedure and method used for sealing of the canals. 7. On or about May 25, 2004, Patient C.B. presented again to the Respondent complaining of continuing pain and sensitivity around tooth number 18. The Respondent performed an exam and took post- operative x-rays but failed to document the results of the exam or x- rays. The Respondent prescribed an antibiotic for Patient C.B. 8. During the follow-up visit on May 25, 2004, the Respondent did not perform or document any other diagnostic tests such as bite or temperature sensitivity tests to determine if any missed canals, cracks or cusp perforations might have resulted from the initial treatment, or to determine if re-treatment might be indicated. No retreatment options were explored by the Respondent during this visit. 9, The Respondent also failed to document the results of post-operative x-rays of tooth number 18 root canals to determine if a : the procedure was successful or if other problems persisted around i the tooth. The failure to keep adequate patient records, including . Pe) JAPSU\Medical\wayne muchel\7-04£DNTL-AG s\Deplma04-36689 AMDPCimecnl.doc May 1? 2006 14:33 MAY-1?-2886 14:52 AHCA P.@5/12 Bah documenting the results of x-rays, to justify a patient's course of treatment constitutes a violation of the dental practice act. 10. Patient C.B. continued to experience pain and discomfort i. with tooth #18. It was subsequently determined that the root canal ms . done by the Respondent was not successful, and the tooth was surgically extracted by a subsequent treater in June 2004. 11. Section 466.028(1)(m), Florida Statutes (2003), as implemented by Rule 64B5-17.002, Florida Administrative Code (F.A.C.), states that 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, shall constitute grounds for. disciplinary action by the Board of Dentistry. 12. Respondent's dental records for Patient C.B. failed to justify the course of Patient C.B.'s treatment in that the Respondent did not perform or document adequate pre and post-operative diagnosis, m including results of diagnostic x-rays, did not adequately describe the | procedures and material employed during treatment, and did not record the overall post-operative outcome to determine if the 4 FAPSU\Medical\wayne mitchell\7-04f. DNTL-AC's\Depima04-36689AMDPC(m)cn] doc May 1? 2006 14:33 MAY-1?-2886 14:53 AHCA procedure was successful or if other problems persisted around the tooth. 13. Based on the foregoing, the Respondent has violated Section 466.028(1)(m), Florida Statutes (2003), by failing to keep written dental and medical history._records justifying the course of treatment of the patient. WHEREFORE, the Petitioner respectfully requests that 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 practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. 3 JAPSU\Medical\wayne mitchell\7-04£.DNTL-A C's\Deplmatd-36689AMDPC(m)enl.doc P.@6/12 May 1? 2006 14:38 MAY-1?-2886 14:53 AHCA P.@?/12 ay SIGNED this _2°\_ day of __ “4 , 2005. John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health ae fo Wayne Mitchell Assistant General Counsel FILED DOH Prosecution Services Unit DEPARTMENT OF HEALTH 4052 Bald Cypress Way Bin C-65 | X Tallahassee, Florida 32399-3265 cusaKNutcthe, Colma — iorida Bar #869414 DATE, 5 -2?-05 (850) 414-8126 FAX:488-1855 , f /. . (Ly panic 4 blac Reviewed and approved by: =f (initials) 2 {7 “[\oo__ (date) \ PCP: 5/24 /o PCP Members: CA, BK DOH vs, Robert DePalma, D.D.S,, Case No. 2004-36689 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120,57, Florida Statutes, to be represented by counsel or other oo qualified representative, to present evidence and argument, ay to call and cross-examine witnesses and to have subpoena 4 and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that petitioner has incurred costs related te the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. 6 JAPSU\Medical\wayne mitchell\7-04f DNTL-A C's\Depima04-36689AMDPC(micnl.dac

Docket for Case No: 06-001827PL