MOR-18-2080 17:43 eHCA Mar 10 2009 13:01 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2008-04452 Bahareh Jafarnia, DDS, RESPONDENT. nr 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, Bahareh jafarnia, 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 Statutes; and Chapter 466, Florida Statutes. >. At all times material to this Complaint, Respondent was a licensed dentist within the State of Florida, having been issued license number DN 15989. 3, Respondent's address of record is 345 Bayshore Boulevard, Suite 408, Tampa, FL 33606. P.@9715 39-2720 MOR—-1B-2089 17:44 SHCA Mar 10 2009 18:02 4, Respondent provided dental treatment to Patient J.G. from on or about May 3, 2007, through on or about November 12, 2007, 5. On or about November 12, 2007 Patient J.G., a 12 year old minor, presented to the Subject for a regularly scheduled cleaning. 6. On or about November 12, 2007, the Respondent diagnosed Patient J.G. with seven cavities on teeth numbers 3, 5, 12, 13, 14, 20 and 21. 7, The Respondent presented Patient 3.G/s father with a treatment plan that included filling the seven teeth. 8. Patient J.G. presented to a subsequent treater, who examined Patient 1.G, and took x-rays of the patient's teeth. 9. The x-rays taken by the subsequent treater on January 9, 2008, do not show any “coronal jucencees.” , 10. On or about February 28, 2008, Patient J.G’s father filed a complaint with the Department. 11. On or about June 17, 2008, Patient J.G. and her father presented to the Department's expert for a clinical examination. 12. Onor about June 17, 2008, the Department expert took four bite wing x-rays, performed a visual examination of Patient J.G/s teeth and checked the patient's teeth with an explorer. JAPSUMedical\Dentiatry\Parricia Smith\AC'sVafarnia 2008-04452\VJafarnia AC. doc -2- P.1a@715 wOR-1o-2009 1744 auca Mar 10 2009 18:02 13. The Department expert noted that the xray films did not reveal any radiolucent areas. 14. Patient J.G. wore braces and had orthodontic bands on each of the seven teeth (3, 5, 12, 13, 14, 20 and 21) that needed to be examined for cavities. 15, The Department expert noted that although tooth number 3 had a band covering the lingual surface, the expert could not detect a cavity. 76. The Department expert noted that On teeth fiuribers 5, 12 and 13, that there was light occlusal staining in the occlusal grooves. However, the explorer did not detect cavities on teeth numbers 5, 12 and 13. 17. The expert noted a “very small occlusal pit” on tooth number 14. However, the expert opined that the surface could be corrected by smoothing the composite surface and that there was no cavity present. 18. The expert noted that teeth numbers 20 and 21 showed no occlusal cavities or catches with the explorer. 19. The expert opined that there were no cavities on teeth numbers 3, 5, 12, 13, 14, 20 or 21, and those teeth did not need to be restored. JAPSU\Medical\Dentistry\Patricia Smith\AC'sVafamia 2008-04452\Vafamia AC.doe P.1i715 MAR-18-2889 17! 44 AHCA Mar 10 2009 18:02 20. The prevailing standard of care requires that a dentist appropriately diagnose cavities prior to recommending that the teeth be restored. 21. Section 466.028(1)(x), Florida Statutes (2006-2007), 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 quatified by training—or—experience—or -being- quilty.--ofdental malpractice constitutes grounds for disciplinary action by the Board of Dentistry. P.ia7i5 22. Respondent failed to meet the minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance in one or more of the following ways: a. On or about November 12, 2007, Respondent diagnosed tooth number 3 with a cavity and recommended that tooth number 3 be filled when the tooth did not have a cavity; b. On or about November 12, 2007, Respondent diagnosed teeth numbers 5, 12 and 13 with cavities and recommended that the teeth be filled although there were no cavities in any of the teeth; JAPSU\Medical\Denti stry\Patricia Smith\AC's\lafarnia 2008-04452) afarmia AC. doc MeR—1a-2ena 17145 aca Mar 10 2009 18:03 c. On or about November 12, 2007, Respondent diagnosed tooth number 14 with a cavity and recommended that the tooth be filled. The Department expert noted a small occlusal pit on the tooth on or about June 17, 2008, but there was no cavity or need to restore the tooth; and/or d. Respondent diagnosed teeth numbers 20 and 21 with cavities and recommended that the teeth be filled, although there were no cavities present in either of the teeth. 23. Based on the foregoing, Respondent has violated Section 466.028(1)(x), Florida Statutes (2006-2007), 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. 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, JAPSU\Medical\Dentistry\Parricia Smith\aC'sVafamia 2008-04452Vafarnia AC.doe P.13/15 MOR-1D-20N8 1724s auca Mar 10 2003 18:03 : 14/15 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 19s day of September , 2008. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General Patricia D, Smith Assistant General Counsel DOH Prosecution Services Unit COA EPUTY CLERK. 4052 Bald Cypress Way, Bin C-65 CLERK} Z a __ Tallahassee, Florida 32399-3265 pare___ 4-22 08 Florida Bar No. 728160 850.245.4640 Ext. 8183, 850.245.4683 FAX pcp: ¢/i glo % PCP Members: C47, WK 7 ™ DOH v Bahareh Jafarnia, DDS; Case # 2008-04452 JAPSU\Medical\Dentistry\Parricia Smith\AC'sVafarnia 2008-04452Vafamia AC. doc MAR-im-pean9 17145 AHA Mar 10 2009 13:03 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 other discipline imposed. DOH v Bahareh Jafarnia, DDS; Case # 2008-04452 JAPSU\Medical\Dentistry\Patricia Smith\AC'sVafarnia 2008-04452\afarnia AC.doc -7- P.15/15 TOTAL P.15

Docket for Case No: 09-001257PL