Dec 2 2008 10:11 DEC-@2-2088 18:51 AHCA STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2005-70367 ALEXANDER GAUKHMAN, DMD, 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, Alexander Gauhkman, 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 15657, 3. Respondent’s address of record is 400 Hanchey Drive, Nokomis, Florida 34275. Dec 2 2008 10:11 DEC-@2-2688 18:51 AHCA P.@3 4. Respondent provided dental treatment to Patient D.S. only on or about February 4, 2005. 5. On or about February 4, 2005, Patient D.S. presented to Respondent as a new patient with a chief complaint involving tooth number 2. Though root canal treatment had previously been recommended by another treater, Respondent recommended that the tooth be extracted because of its “poor prognosis.” Respondent's treatment plan for Patient D.S. also included extraction of teeth numbers 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15. Respondent explained the risks and benefits of extracting tooth number 2, and Patient D.S. consented. Respondent extracted tooth number 2 with no complications. 6. Respondent's treatment notes for Patient D.S. contain no dental charting, results of clinical tests performed on Patient D.S.’s teeth, or periodontal charting. Respondent's treatment notes contain no mention of any oral pathology or diseases. Respondent's treatment notes for Patient D.S. do not contain any justification for extraction of teeth numbers 2, 5, 6, 7, 8,9, 10, 11, 12, 13 and 15. 7. Section 466.028(1)(m), Florida Statutes (2004), 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 J:\PSU\Medical\Jamie Ito\Dentistry Cases\Gaukhman, Alexander 05-70367 (m) (records) AC\Gaukhman AC (m).doc DOH v Alexander Gaukhrnan, DDS; Case # 2005-70367 —2- Dec 2 2008 10:12 DEC-@2-2088 18:51 AHCA P.a4 histories, examination results, test results, and X rays, if taken, constitutes grounds for disciplinary action by the Board of Dentistry. 8. Rule 64B5-17.002(b), Florida Administrative Code, provides that 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. 9. Respondent failed to keep written dental records and medical history records justifying the course of treatment of Patient D.S. in one or more of the following ways: a. Respondent failed to include dental charting, results of clinical tests performed on Patient D.S.’s teeth, .or periodontal charting; and/or b. Respondent failed to mention in his treatment notes for Patient D.S. any oral pathology or diseases; and/or _¢. Respondent-failed to note in his treatment notes for Patient D.S. any justification for extraction of teeth numbers 2, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15. 10. Based on the foregoing, Respondent has violated Section 466.028(1)(m), Florida Statutes (2004), by failing to keep written dental JA\PSU\MedicalJamie Ito\Dentistry Cases\Gaukhman, Alexander 05-70367 (m) (recards) AC\Gaukhman AC (m).doc DOH v Alexander Gaukhman, DDS; Case # 2005-70367 -3- Dec 2 2008 10:12 DEC-@2-2088 18:52 AHCA P.@S records and medical history records justifying the course of treatment of Patient D.S. 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. SIGNED this | be nN day of prion , 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health eae ch FE Gl ; the Oa | CLERK: Jamie Ito Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 13553 850.245.4444 Ext. 8178 850.245.4683 FAX PCP: j6/20/'s 6 PCP Members: CAL, 3-77 WR DOH v Alexander Gaukhman, DDS; Case # 2005-70367 JAPSU\Medical\Jamie lto\Dentisiry Cases\Gaukhman, Alexander 05-70367 (m) (records) AC\Gaukhman AC (m).doc DOH v Alexander Gaukhman, DDS; Case # 2005-70367 -—4- Dec 2 2008 10:12 DEC-@2-2088 18:52 AHCA P.@6 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 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 reiated 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 Alexander Gaukhman, DDS; Case # 2005-70367 JAPSU\MedicalJamie Ito\Dentistry Cases\Gaukhman, Alexander 05-70367 (m) (records) AC\Gaukhman AC (m).doc DOH v Alexander Gaukhman, DDS; Case # 2005-70367 -5-

Docket for Case No: 08-005963PL