Feb 11 2009 16:53 FEB-11-2889 17:34 AHA Pad STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, | PETITIONER, v. CASE NO. 2007-29059 Fouad J. Sidawi, DDS, RESPONDENT. _ ADMINI | COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Dentistry against Respondent, Fouad J. Sidawi, 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 Statutés: 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 13169. Feb 11 2009 16:53 FEB-11-2689 17:34 AHCA P.@S 3. Respondent's address of record is 7259 International Drive, Orlando, Florida 32819. 4, On or about November 7, 2007 a Floridaticensed and board certified dentist with the American Board of Anesthesiology, visited and inspected the Respondent's practice based upon allegations of unsanitary conditions as contained within a complaint received by the department in September 2007. 5. The Respondent's office included three operatries. The department inspector dentist made the following observations in the course | of his inspection. 6. In operatory one there were no infection barriers on the ~ handles of the dental light and the-handles were dirty and covered with dirty dental cement fingerprints. , 7. None of the operatories had any radiation protection for radiographs being taken in one operatory to the adjacent rooms. a eo BF ere-was a-dinty nitrous-exide/oxygen-_nosepiece in... eee : Respondent's clinic, which did not appear to have been cleaned between usage on different patients. JAPSU\Medical\Dentistry\Patricia Smith\cases O7\Sidawi 07-29059\Sidawi 07-29059 u.doc 2 Feb 11 2009 16:54 FEB-11-2889 17:34 AHCA P.@6 9. The Respondent did not have any disposable nitrous oxide nose hoods in the office. 10. The hoses on the nitrous machine, the only source of oxygen in the office, were torn in several places rendering them useless. 11. The Respondent had two biohazard bags, one in operatory two and one in operatry three. Both bags were in large and accessible open boxes which were located directly behind the dental chair (behind the patient's head) and were not only being used for bio-hazardous material but were also: being used for general trash. 12. there was no emergency drug kit found in the Respondent's office. 13. ‘The cabinets and the cabinet handles in the operatories were extremely filthy, as well as the book cases and open storage areas at arm‘s reach of the dental chair. Their approximation to the dental chair and to the dental instruments precludes any possibility of infection control. ana The air/water syringe in Respondent's operatories-had-dried: --- - dental cement and a generalized sticky substance over it. 15. ‘The air/water tip on the air/water device did not appear to be changed ‘between patients. JAPSU\MedicalDentistry\Patricia Smith\cases O7\Sidawi 07-2905 9\Sidawi 07-29059 u.doc 3 Feb 11 2009 16:54 FEB-11-2889 17:34 AHCA Pa? 16. All of the counters in Respondent's operatories were dirty and had dark spots on them and had not been cleaned. 17. The faucets handles at one sink between the Respondent's ” operatories was covered with the same dirty sticky substance that was found on the counters. 18. A dirty x-ray head and an even dirtier x-ray protective apron were located in operatory three in Respondent's office. 19. Section 466.028(1)(u) Florida Statutes (2007), provides that failure to provide and maintain reasonable sanitary facilities and conditions constitutes grounds for disciplinary action by the Board of Dentistry. 20. Respondent failed to maintain reasonable sanitary facilities and conditions in ‘one or more of the following ways: a. In operatory one there were no infection barriers on the handles of the dental light and the handles were dirty and covered ’ with dirty dental cement fingerprints. b. None of the operatories had any radiation protection for radiographs being taken in one operatory to the adjacent roorns. ‘c. There was a dirty nitrous oxide/oxygen nosepiece in Respondent's ——~dlinic; which did not appear to-have been cleaned-between usage.- -- ~~ on different patients. d. The Respondent did not have any disposable nitrous oxide nose hoods in the office. e. The hoses on the nitrous machine, the only source of oxygen in the office, were torn in several places rendering them useless. f. The Respondent had two biohazard bags, one in operatory two and one in operatry three. Both bags were in large and accessible JAPSU\Medical\Dentistry\Patricia Smith\cases 07\Sidawi 07-29059\Sidawi 07-29059 u.doc 4 Feb 11 2009 16:54 FEB-11-2889 17:35 AHCA P.@8 open boxes which were located directly behind the dental chair (behind the patient's head) and were not only being used for bio- hazardous material but were also being used for general trash. g. There was no emergency drug kit found in the Respondent's . Clinic. h. The cabinets and the cabinet handies in the operatories were extremely filthy, as well as the book cases and open storage areas at arm’s reach of the dental chair. Their approximation to the ’ dental chair and to the dental instruments precludes any possibility of infection control. i. The air/water syringe in Respondent's operatories had dried dental cement and a generalized sticky substance over it. j. The air/water tip on the air/water device did not appear to be changed between patients. k. All of the counters in Respondent's operatories were dirty and had dark spots on them and had not been cleaned. |. The faucets handles at one sink between the Respondent's operatories was covered with the same dirty sticky substance that was found on the counters. m. A dirty x-ray head and an even dirtier x-ray protective apron were located in operatory three in Respondent's office. 21. Based on the foregoing, Respondent has violated Section — 466.028(1)(u), Florida Statutes (2007), by failing to maintain reasonable sanitary facilities and conditions. WHEREFORE, Petitioner respectfully requests that the Board of ~~ Dentistry enter an orderimposing-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\MedicalDentistry\Patricia Smith\cases O7\Sidawi 07-29059\Sidawi 07-29059 u.doc 5 Feb 11 2009 16:55 FEB-11-2889 17:35 AHCA billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this! _ day of Fobua ty 2008. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General tricia D. Smith Assistant General Counsel FILED ws DOH Prosecution Services Unit CLERK 4052 Bald Cypress Way, Bin C-65 CLERK . & Canonry Tallahassee, Florida 32399-3265 paTe_ 15-07 Florida Bar #0728160 850.245.4640 FAX: 245.4683 es POR YAS OB... | PCP Members: 244, wl We JAPSU\Medical\Dentistry\Patricia Smith\cases 07\Sidawi 07-29059\Sidawi 07-29059 u.doc 6 Feb 11 2009 16:55 FEB-11-2889 17:35 AHCA P.1a 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 related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any te other-disci ple imposed. _—_---—--~ FRA a ace crenata eee Ee a OO Se A tee JAPSU\Medical\Dentistry\Patricia Smith\cases O7\Sidawi 07-29059\Sidawi 07-29059 u.doc 7 Feb 11 2009 16:55 FEB-11-2889 17:36 AHCA P.ii ELECTION OF RIGHTS DOH v Fouad J. Sidawi, D.D.S. Case No. 2007-29059 PLEASE SELECT ONLY 1 OF THE 3 OPTIONS An Explanation of Rights is attached. If you do not understand these options, please congult with your attornay or contact the attomey forthe Prosecution Services Unit at the addrass/phone number listed at the bottom of this farm. OPTION 1. I do not dispute the allegations of fact in the Administrative Complaint, but do wish to be accorded a hearing, pursuant to Section 120.57(), Florida Statutes, at which time \ will be permitted to submit oral and/or written evidence in mitigation of the complaint to the Board. OPTION 2. 1 do not dispute the allegations of fact contained in the Administrative Complaint and waive my right to object or to be heard. | request that the Board enter a final order pursuant to Section 120.57, Florida Statutes. OPTION 3. | do dispute the allegations of fact contained In the Administrative Complaint and request this to be considered a petition for formal hearing, pursuant to Sections 120.569(2)(a) and 120.57(1), Florida Statutes, before an Administrative Law Judge appointed by the Division of Administrative Hearings. { spectfically dispute the following Paragraphs of the Administrative Complaint. In addition to the above selection, | also elect the following: {) | accept the terms of the Settlement Stipulation, have signed and am returning the Settlement Stipulation or | ar Interested in settling this case. () | do net wish to continue practicing, have signed and ratumed the voluntary relinquishment of licensure form, if It has bean provided. Regardless of which option | have selected, | understand that | will be given notice of time, date, and place when this matter is to ba considered by the Board of Dentistry for Final Action. Maciation under Section 120.572, Florida Statutes, is not available in this matter. (Plaase sign and complete all the information below.) Respondent's signature Address: Lic. No. Phone No. Fax No. STATE OF FLORIDA COUNTY OF Before me, personally appeared whose identity is known to me by (type of identification) and who, acknowledges that his/her signature appears above. Sworn to or affirmed by Afflant before me this ___ day of 2008. Notary Fublic-State of Florida My Commission Expires Type or Print Name PLEASE MAIL AND/OR FAX GOMPLETED FORM TO: Patricia D. Smith, Assistant General Counsel, DOH, Prosecutlon Services Unit, 4052 Bald Cypress Way, Bin C-65, Tallahassee, Florida 32399-3265. Telephone Number: (850) 245-4640, axt. 8189 FAX (850) 245-4683; TDD 1-800-955-8771. Feb 11 2009 16:55 FEB-11-2889 17:36 AHCA STATE OF FLORIDA DEPARTMENT OF HEALTH EXPLANATION OF RIGHTS In response to the allegations set forth’ in the Administrative Complaint issued by the Department of Health, hereinafter referred to as the Department, you should make ONE OF THREE of the following elections within twenty-one (21) days from the date of receipt of the Administrative Complaint. Please make your election on the attached Election of Rights form and return it fully executed to the address listed on the form. 1. If you do not dispute any material fact alleged in the Administrative Complaint, you may request a proceeding pursuant to Section 120.57(2), Florida Statutes, before the appropriate Board. At this proceeding, you will be given an opportunity to present both written and oral evidence in mitigation. This request should be directed to the Department by checking the appropriate space, marked as 1, on the Election of Rights form within twenty-one (21) days from the date of receipt of the Administrative Complaint. 2. If you do not dispute any material fact alleged in the Administrative Complaint and you do not desire to participate in the disposition of the case, you may elect choice 2 on the Election of Rights form. 3, If you dispute any material fact alleged in the Administrative Complaint, you may request a formal hearing and the appointment of an Administrative Law Judge to be furnished by the Division of Administrative Hearings of the Department of Management Services pursuant to Section 120.569(2)(a), Florida Statutes, by checking the appropriate space, marked as 3, on the Election of Rights form. You must also indicate which facts you dispute in the Administrative Complaint pursuant to Rule 28-106.204, F.A.C. If you elect a formal hearing, you must keep the Department informed as to your current mailing address. Failure io do so may be considered a waiver of your right to a formal hearing. Regardless of whether you dispute any material fact alleged in the Administrative Complaint and after choosing one of the three options above, you may also either sign and execute the settlement stipulation (if one is enclosed) or request the opportunity to enter into a settlement stipulation to resolve this case, pursuant to Section 120.57(4), Florida Statutes. If a settiernent stipulation is agreed to by you and the Depariment, the matter will be presented to the appropriate Board for approval. Please be advised that a final order approving a settlement stipulation is considered a disciplinary act and is reported as such. If you sign and execute the voluntary relinquishment of license, that form will be forwarded to the appropriate Board for action and the final order accepting the voluntary relinquishment is considered a disciplinary act and is reported as such. In the event that you fail to make an election in this matter within twenty- one (21) days frorn receipt of the Administrative Complaint, your fallure to do so may be considered a waiver of your right to elect a hearing in this matter, ‘pursuant to Rule 28-106.111(4), Florida Administrative Code, and the Board may proceed to hear your case.

Docket for Case No: 09-000726PL