Jun 13 2008 15:06 JUN-13-2888 15:48 AHCA P.a2 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2007-26914 Steven Alexander, DDS, RESPONDENT. ee 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, Steven Alexander, 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 14248, GING JUN-13-2888 15:41 AHCA Jun 13 2008 15:06 3. Respondent’s address of record is 2924 Lantana Redge, Austin, TX 78731. | 4, Respondent provided dental treatment to Patient S.B. from on or about February 21, 2003, through on or about February 19, 2007. 5. On or about December 12, 2005, Patient $.B., an established patient of the Respondent, presented to his office at 950 North Collier Boulevard, Suite 305, Marco Island, Florida, for her regularly scheduled appointment. During the visit, the Respondent discovered decay on the mesial of tooth number 31 and the distal of tooth number 5. The Respondent took x-rays and recommended a treatrnent plan which included inlays for each tooth. 6. On or about December 14, 2005, Patient S.B, presented again to the Respondent who prepared tooth number 5 for a three surface porcelain/ceramic inlay and tooth number 31 for a three surface gold inlay. The Respondent took impressions and made temporaries. The Respondent failed to document in his treatment records the type or amount of anesthetic he used during the procedure. 7, Patient S.B. returned to the Respondent on or about January 16, 2006, to have the inlays seated. The inlay for tooth number 5 was too JAPSLAMedical\Dentistry\Patricia Smith\AC's\Alexander 2007-2691 4\07-26914 Alexander.doc can Jun 13 2008 15:06 JUN-13-2888 15:41 AHCA high in occlusion and the inlay for tooth number 31 was too bulky and had open margins. The inlays were sent back to the lab for correction, 8. On or about February 1, 2006, Patient S.B. returned to the Respondent to have the inlays seated on tooth number 5 and tooth number 31. The Respondent had difficulty getting the inlays to fit properly. 9. On or about February 19, 2007, Patient S.B. presented again to the Respondent for an emergency visit complaining of pain between tooth number 3 and tooth number 5, The Respondent prescribed antibiotics and pain management. 10. The Respondent did not document the type and the dosage of the antibiotic he prescribed for Patient $.B, on or about February 19, 2007. In addition, the Respondent failed to document the type and dosage of the pain medication he prescribed for Patient S.B. 11, On or about February 19, 2007, the Respondent performed a imitec-orat-evatuation-and-took a periapical-x-ray. The “periapical x-ray taken on that day shows radiolucency at the distal of tooth number 5. Respondent failed to note the radiolucency in the treatment records. 12. Section 466.028(1)(m), Florida Statutes (2005-2006), provicies that failing to keep written dental records and medical history records JAPSU\Medical\Dentistry\Patricia Smith\AC's\ Alexander 2007-26914\07-26914 Alexander.doe -3- JUN-13-2888 15:41 Jun 13 2008 15:06 AHCA P.2S 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. 13. Rule 64B5-17.002(1), Florida Administrative Code requires that a dentist shall maintain written records on each patient which written records shall contain, at a minimum, the following information about the patient: d. ea. - appropriate medical history; . tesults of clinical examination and tests conducted including the identification, or lack thereof, of any oral pathology or diseases; . any radiographs used for the diagnosis or treatment of the patient; treatment plan proposed by the dentist; and treatment rendered to the patient. 14, Respondent failed to keep written dental records and medical history records justifying the course of treatment of the patient in one or more of the following ways: a. The Respondent failed to document the type and the amount of anesthetic he used during the preparation of Patient S.B.’s teeth numbers 5 and 31 on or about December 14, 2005; J:\PSU\M edical\Dentistry\Patricia Smith\AC's\Alexander 2007-2691 4\07-26914 Alexander.doc r4- Jun 13 2008 15:07 JUN-13-2888 15:42 AHCA P.@6 b. The Respondent failed to document in his progress notes the type and the dosage of the antibiotic he prescribed to Patient S.B. on or about February 19, 2007; c. The Respondent failed to document in his progress notes the type and the dosage of the pain medication that he prescribed to Patient $.B. on or about February 19, 2007; and/or d. The Respondent failed to document the radioiucency at the distal of tooth number 5 that was shown on the periapical x-ray taken on or about February 19, 2007. 15. Based on the foregoing, Respondent has violated Section 466.028(1)(m), Florida Statutes (2005-2006), by failing to keep written dental records and medical history records justifying the course of treatment of Patient S.B. 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 Board deems appropriate. JAPSUNMedical\Dentistry\Patricia Smith\AC's\Alexander 2007-2691 4\07-26914 Alexander.dac -5- Jun 13 2008 15:07 JUN-13-2888 15:42 AHCA Pa? SIGNED this 2nd__ day of May , 2008, Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General ZL odtutia dont Patricia D. Smith Assistant General Counsel DOH Prosecution Services Unit DEPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin C-65 CLERK PUTY CLERK 47) ~° Tallahassee, Florida 32399-3265 . Florida Bar No. 728160 pate_> 408 850.245.4640 850.245.4683 FAX PCP: 5/2/08 PCP Members: CM, JT, FG — .__ROH v Steven Alexander, D.D.S.; Case 2007-26914 JAPSU\Medical\Dentistry\Parricia Smith\AC’s\Alexander 2007-2691 4\07-26914 Alexander.doc. -6- JUN-13-2888 15:42 AHCA Jun 13 2008 15:07 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 tecurm 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 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 Steven Alexander, D.D.S.; Case 2007-26914 JAPSU\Medical\Densisiry\Patricia Smith\AC’s\Alexander 2007-2691 4107-26914 Alexander. doc -7-

Docket for Case No: 08-002811PL