MAY-25-2007 17:48 AHCA P.@3 May 25 2007 17:23 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, 0 [ , a SSO pL v. CASE NO. 2006-03506. FREDERICK NEWTON, RESPONDENT. ADMINISTRATIVE COMPLAINT : COMES NOW Petitioner, Department of Health, by and through its” undersigned counsel, and files this Administrative Complaint before the § Board of Dentistry against Respondent, Frederick Newton, DDS, 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 all times material to this Complaint, Respondent was a licensed dentist within the State of Florida, having been issued license’: number DN 8585. 3. | Respondent's address of record is 1190 West Edgewood ‘ Avenue, Suite C, Jacksonville, Florida 32208. May 25 200? 17:24 MAY-25-2@87 17:48 AHCA P.Q4 4. Respondent provided dental treatment to Patient. S.B. from on or: about June 27, 2005, through on or about October 17, 2005. 2 5. Onor about June 27, 2005, Patient S.B. presented to Respondent . as a new patient. Respondent's treatment notes for Patient’S.B. reflect that»; he performed a comprehensive examination and took x-rays. Respondent's i treatment notes further state that the patient made a subsequent’ : 6. Onor about July 11, 2005, Patient S.B. presented to Respondent appointment for a consultation regarding a treatment plan. who performed crown preparation on teeth numbers 8, 9 and 10. : Respondent did not record the results of an examination or any diagnostic 4 findings to support treating teeth numbers 8, 9 or 10 with crowns. : 7. On or about August 15, 2005, Patient S.B. presented to. Respondent who seated crowns on teeth numbers 8, 9 and 10. | 8. On or about September 18, 2005, Patient S.B. presented to ; Respondent who adjusted the crowns on teeth numbers 8, 9 and 10. 9. On or about October 17, 2005, Patient S.B. presented to: Respondent. Respondent's treatment notes for Patient S.B. reflect that he delivered crowns for teeth numbers 8, 9 and 10. However, Respondent’ : treatment notes do not reflect when the original crowns were removed, why ; -2-: J:\PSU\MedicalVamile Ito\Dentistry Cases\Newton, Frederick (m)(x) (crowns) AC\Newton AC (m) (x).doc DOH v Frederick Newton, DDS; Case # 2006-03506 ‘~ MAY-25-2887 17:49 AHCA Pp -@5 May 25 2007 17:24 the crowns were remade, if impressions were taken or what preparation was performed on teeth number 8, 9 or 10. 10. Onor about May 8, 2006, Patient S.B. presented to a subsequent treater who took x-rays which revealed a marginal defect on the. distal of tooth number 9. COUNT ONE 11. Petitioner realleges and incorporates paragraphs one (1). through ten (10) as if fully set forth herein. 12. Section 466.028(1)(m), Florida Statutes (2004-2005), provides that failing to keep written dental records and medical history records jy, “justifying the course of treatment of the patient including, but not limited A to, patient histories, examination results, test results, and X rays, if taken, 3 constitutes grounds for disciplinary action by the Board of Dentistry. 13. Rule 64B5-17.002(b), Florida Administrative Code, provides that 4 for the purpose of implementing the provisions of Section 466.028(1)(m), # Florida Statutes, a dentist shall maintain written records on each patient § which written records shall contain the results of clinical examination of the patient and tests conducted, including the identification, or lack thereof, of any oral pathology or diseases. -3 1:\PSU\Medical\Jamie Ito\Dentistry Cases\Newton, Frederick (m)(x) (crowns) AC\Newton AC (m) (x).doc 4 oy. DOH v Frederick Newton, DDS; Case # 2006-0350 May 25 2007 17:25 MAY-25-2087 17:50 AHCA P.@6 14. Respondent failed to keep written dental records and medical: history records justifying the course of treatment of Patient S.B. in one or. : more of the following ways: a. Respondent did not record the results of an examination or any diagnostic findings to support treating Patient S.B’s teeth numbers 8, 9 or 10 with crowns; and/or b. Respondent did not record when the crowns that he seated originally on or about August 15, 2005, were removed from Patient S.B.s teeth numbers 8, 9.and 10; why the crowns were remade; if impressions were taken; or what preparation was performed prior to seating a second set of crowns on these teeth on or about October 17, 2005 . 15. Based on the foregoing, Respondent has violated Section * 466.028(1)(m), Florida Statutes (2004-2005), by failing to keep written dental records and medical history records justifying the course of treatment of Patient S.B. | COUNT TWO 16. Petitioner realleges and incorporates paragraphs one ae through ten (10) as if fully set forth herein. | : 17. Section 466.028(1)(x), Florida Statutes (2005), provides that'd being guilty of incompetence or negligence by failing to meet the minimums standards of performance in diagnosis and treatment when measured: against generally prevailing peer performance, including, but not limited to, “4-4 3:\PSU\Medical\Jamie Ito\Dentistry Cases\Newton, Frederick (m)(x) (crowns) AC\Newton AC (m) (x).doc DOH v Frederick Newton, DDS; Case # 2006-03506, ey May 25 200? 17:25 MAY-25-2087 17:58 AHCA P.@? the undertaking of diagnosis and treatment for which the dentist is not 4 qualified by training or experience or being guilty of dental malpractice 3 constitutes grounds for disciplinary action by the Board of Dentistry. 18. The prevailing standard of care when fabricating and seating E crowns is to properly seat crowns with appropriate margins in the patient’s - : mouth. 19, Respondent failed to meet the minimum standards of 4 performance in diagnosis and treatment when measured against generally : prevailing peer performance by seating a crown on Patient S,B.’s tooth’ number 9 which had a marginal defect on the distal of tooth. number 9 on or about October 17, 2005. 20. Based on the foregoing, Respondent has violated Section 4 466.028(1)(x), Florida Statutes (2005), by being guilty of incompetence or ° negligence by failing to meet the minimum standards of performance in diagnosis and treatment when measured against generaily 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. -S- ¢ J:\PSU\Medical\Jamte Ito\Dentistry Cases\Newton, Frederick (m)(x) (crowns) AC\Newton AC (m) (x).doc | * DOH v Frederick Newton, DDS; Case # 2006-03506 May 25 200? 17:26 MAY-25-2087 17:51 AHCA P.28 WHEREFORE, Petitioner respectfully requests that “the Board of . Dentistry enter an order imposing one or more of the following penalties: ) permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, % placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the SIGNED this vhday of | \ Ablow , 2006. M. Rony Francois, M.D. M.S.P.H., Ph.D. 4 Secretary, Department of Health i FILED DEPARFMENT OF-HEALTH ~ CLERK: inca Jamie Ito DATE ___tolaalau Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 — Florida Bar No. 13553 (850) 245-4640, Ext. 8189 (850) 245-4682 Fax PCP: HO [Qo/ob PCP Members: CM WR JT DOH v Frederick Newton, DDS; Case # 2006-03506 -~6- J:\PSU\Medical\Jamie Ito\Dentistry Cases\Newton, Frederick (m)(x) (crowns) AC\Newtan AC (m) (x).doc DOH v Frederick Newton, DDS; Case # 2006-03506 May 25 200? 17:26 MAY-25-2087 17:51 AHCA P.89 Notice of Rights NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has; incurred - costs related to the investigation and prosecution of this matter.: Pursuant to Section 456.072(4), Florida Statutes, the Beard shall 727 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. DOH v Frederick Newton, DDS; Case # 2006-03506 -7-; J:\PSU\Medical\Jamie 1to\Dentistry Cases\Newton, Frederick (m)(x) (crowns) AC\Newton AC (m) (x).doc DOH v Frederick Newton, DDS; Case # 2006-03506. #' .

Docket for Case No: 07-002350PL