Apr 16 2008 15:59 APR-16-2689 16:33 AHA STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, ve | CASE NO.: 2003-16404 JON E. GLASER, D.D.S., 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, Jon E. Glaser, 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 all times material to this Complaint, Respondent was a licensed dentist within the State of Florida, having been issued license number DN 13818. u 9002 SL uA Apr 16 2008 15:59 APR-16-2688 16:33 AHCA 3. Respondent's address of record is 1700 West Woolbright Road, Suite 2, Boynton Beach, Florida 33426. 4, On or about May 8, 2001, Patient AF, a 70-year-old female, presented to Respondent regarding treatment to tooth #12. Respondent diagnosed that tooth #12 was broken and recommended a crown as treatment. 5. Onor about May 16, 2001, Patient A.F presented to Respondent regarding treatment to tooth #12. Respondent prepared Patient ARs tooth #12 for a crown. 6. Onor about June 11, 2001, Patient A.F. presented to Respondent regarding treatment to tooth #12. Respondent seated a new permanent crown on Patient A.F’s tooth #12. 7, Onor about June 29, 2001, Patient A.F. presented to Respondent for periodontal maintenance. However, there is nothing in Patient A.F’s treatment records to show that periodontal charting was completed or periodontal probing was accomplished. 8. The minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance require that a record of a periodontal examination and diagnosis should include charting of pockets and record of probing accomplished. JAPSU\Medical\Brad Christy\AC's\Completed ACs\Glaser AC tor (2)(x) (3).doc eae Apr 16 2008 15:59 APR-16-2888 16:34 AHCA 9. On or about June 29, 2001, Respondent failed to record the result of periodontal examination, document 4 chart of the periodorital examination and/or charting of pockets and create a record: of probing accomplished. | COUNTI 10. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 11. Section 466.028(1)(x), Florida Statutes (2001), provides that 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 constitutes grounds for disciplinary action by the Board of Dentistry. 12. Respondent failed to meet the minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance in that on or about june 29, 2001, Patient A.F. presented to Respondent for periodontal maintenance. However, there is JA\PSU\Madical\Brad Ghristy\AC's\Completed ACs\Glaser AG for (z)(x) (3).doc APR-16-2888 16:34 AHCA Apr 16 2008 16:00 nothing in Patient A.F’s treatment records to show that periodontal charting was completed or periodontal probing was accomplished. 13. Based on the foregoing, Respondent has violated Section 466.028(1)(x), Florida Statutes (2001), by 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 ITI 14. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 15. Section 466.028(1)(m), Florida Statutes (2001), provides 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, constitutes grounds for disciplinary action by the Board of Dentistry. 16. Rule 64B5-17.002(b), Florida Administrative Code, provides that for the purpose of implementing the provisions of Section 466.028(1)(m), JAPSU\Medical\iBrad Christy\AC’siCompleted ACs\Glaser AC for (2)(x) (3).dac -4- Apr 16 2008 16:00 APR-16-2888 16:34 AHCA 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 jack thereof, of any oral pathology or diseases. | 17. Respondent failed to keep written dental records and medical history records justifying the course of treatment of Patient A.F in that on or about June 29, 2001, Patient A.F. presented to Respondent for periodontal maintenance. However, there is no periodontal charting in Patient AF's treatment records to show that periodontal charting was completed or | periodontal probing was accomplished. 18. Based on the foregoing, Respondent has violated Section 466.028(1)(m), Florida Statutes (2001), by failing to keep written dental records and medical history records justifying the course of treatment of Patient A.F. 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 JAPSU\Madical\Brad Ghristy\AC's\Compieted ACs\Glaser AC for (z){x) (3).doe -5- Apr 16 2008 16: APR-16-2688 16°35 AHCA P & 16:00 billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this _/2_ day of De fut Zé. , 2006. M. Rony Francois, M.D., R.S.P.H., Ph.D. Secretary, Department of Health rE > os Earl B. Christy, Jr Assistant General Cou FILED DEPARTMENT OF HEALTH DERUTY CLEA CLERK Aue ee Mion DOH Prosecution Services Unit DATE. 3-19-0 bo 4052 Bald Cypress Way, Bin C-65 ‘Tallahassee, FL 32399-3265 Florida Bar No. 179590 (850) 245.4640 (850) 245.4683 FAX EBC PCP: 3/1e/oé PC MemBens: CMH Br, Fe DOH vs Jon Glaser, D.D.S. Case No,: 2003-16404 Oct, 29, 2005 JAPSU\Medical\Brad Christy\AC's\Completed ACs\Glaser AC for (z)(x) (3).doc -6- Apr i : APR-16-2688 16:35 AHCA pr 16 2008 16:00 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 qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing ts requested. 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 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. DOH v Jon E. Glaser, D.D.S., Case No. 2003-16404 JAPSU\Medical\Brad Christy\AC's\Completed ACs\Glaser AC for (2)(x) (3).doe -7-

Docket for Case No: 08-001951PL