Jun 13 2008 15:48 JUN-13-2888 16:23 AHCA P.a2 DEPARTMENT C= 4EALTS DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2006-20242 ALAN SLOOTSKY, DMD, RESPONDENT. ane / DMINISTRATIVE 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, Alan Slootsky, DMD, 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 8396. trliact f Jun 13 2008 15:49 JUN-13-2888 16:23 AHCA P.@3 wn Voi S0Utr Pompane Parkway, Pompanc Beach, riorica 3306S. 4. Respondent provided dental treatment to Patient A.W. from on or about March 29, 2004 through on or about June 21, 2004. 5. Onor about June 15, 2004, Patient A.W. presented to the Subject for surgical extraction of her tooth number 32, Goss: 6. Prior to the extraction of her wisdom tooth number 32; Patient A.W was not made aware by Respondent of the possibility of nerve damage as a result of the extraction of the tooth. 7. Prior to extracting Patient A.W/’s tooth number 32, Respondent did not diagnose or document a sufficient reason to extract tooth number 32. 8. Thata wisdom tooth is impacted is not sufficient reason, on its own, for extraction of the tooth. 9. The prevailing standard of care in the practice of dentistry requires that a dentist extracting a patient's wisdom tooth do so only if there is sufficient reason to extract the tooth. Further, the dentist extracting the tooth must inform the patient that the procedure could possibly result in post- operative numbness. : -3- J:\PSU\Medical\Jamie Ito\Dentistry Cases\Slootsky, Alan (x)(m) (extraction) AC\Slootsky AC (x)m).doc DOH v Alan Slootsky, DMD; Case # 2006-20242 Jun 13 2008 15:49 JUN-13-2888 16:24 AHCA ie. retitione: vealieges arc incorporates Zaragraphs ane ci, through nine (9) as if fully set forth herein, 11. Section 466.028(1)(m), Florida Statutes (2003), 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, 12. Rule 64B5-17.002(1), Florida Administrative Code requires that: for the purpose of implementing the provisions of subsection 466.028(1)(m), Florida Statutes, a dentist shall maintain written records on each patient which written records shall contain, at-a minimum, the following information about the patient: a. Appropriate medical history; b. Results of clinical examination and tests conducted, including the identification, or lack thereof, of any oral pathology or diseases; c. Any radiographs used for the diagnosis or treatment of the patient; d. Treatment plan proposed by the dentist: and _&. Treatment rendered to the patient. - 2:\PSU\Medical\ Jamie Ito\Dentistry Cases\Slootsky, Alan (x)(m) (extraction) AC\Siootsky AC (x)¢m).doc DOH v Alan Slootsky, DMD; Case # 2006-20247 Jun 13 2008 15:49 P.@5 JUN-13-2668 16:24 AHCA wc. ABELET Cen: Ssllec tc “ee TE" OSMtei records and medice “story records justifving the course ~4 Seetment of the patient by failing tc cocument sufficient justification for extracting Patient A.W/s tooth number 32. 14. Based on the foregoing, Respondent has violated Section 466.028(1)(m), Florida Statutes (2003), by failing to keep written dental records and medical history records. justifying the course of treatment of Patient A.W.. COUNT II 15, Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 16. Section 466.028(1)(x), Florida Statutes (2003), 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. . ae J:\PSU\Medical\Jamie Ito\Dentistry Cases\Siootsky, Alan (x)(m) (extraction) AC\Slootsky AC (x)(m).doe DOH v Alan Slogtsky, DMD; Case # 2006-20242 Jun 13 2008 15:50 JUN-13-28088 16:24 AHCA —. mesconaers "ghec v2 vast the cvirtrov stendarce of werrormence in, clagnesis enc treetment when M@SSurec against generally prevailing peer performance in one or more of the foliowing ways: a. Respondent failed to diagnose a sufficient reason to extract Patient A.W.'s tooth number 32; and/or b. Respondent failed to inform Patient A.W. that nerve damage could result from extraction of tooth number 32, 18. Based™“6ii“the foregoing, Respondent has violated Section 466.028(1)(x), Florida Statutes (2003), by being guilty of incompetence or negligence by. failing to meet the minimum standards of performance in . diagnosis and treatrnent 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. , 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 - 5 - J:\PSU\Medical\Jemie Ito\Dentistry Cases\Slootsky, Alan (x)(tm) (extraction) AC\Slootsky AC (x)(m).doc DOH v Alan Slootsky, DMD; Case # 2006-20242 Jun 13 2008 15:50 JUN-13-2888 16:25 AHCA Pa? vo otrer eelief chet the B0arc Gestris appropriate. SIGNED this 2Hh day of _< jy Ly , 2007. Ana M. Viamonte Ros, M.D., M.P.H, State Surgeon General Jamie Ito sniffs, eae. L. STEALTH Assistant General Counsel PARTHENT pe EPUTY GLEAK . DOH Prosecution Services Unit CLERK: . 4052 Bald Cypress Way, Bin C-65 Dat Tallahassee, FL 32399-3265 Florida Bar No. 13553 850.245.4640 Ext. 8178 850.245.4683 FAX PCP: July 22,2004 PCP Members: CA STS J:\PSU\Medical\Jamie Tto\Dentistry Cases\Slootsky, Alan (x)(m) (extraction) AC\Siogtsky AC (x)(m).doe DOH v Aign Slootsky, DMD; Case # 2006-20242 Jun 13 2008 15:50 JUN-13-2888 16:25 AHCA Netee cf Rights Respondent fae the right to request a hearing tc 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 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 Alan Slootsky, DMD; Case # 2006-20242. -“7- J:\PSU\Medical\Jamie Ito\Dentistry Cases\Slootsky, Alan (x)(m) (extraction) AC\Slootsky AC (x)(m).dac DOK v Alan Slootsky, DMD: Case # 2006-20242

Docket for Case No: 08-002814PL