Apr 27 : APR-2?-2009 11:57 AHCA pr 2¢ 2009 Hits STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2007-19534 CARLOS GONZALEZ, DDS, | 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, Carlos Gonzalez, DDS, and in support thereof alleges: 4. 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 13073. Apr 2? 2009 11:15 APR-27-2089 11:58 AHCA P.@S 3. Respondent's address of record is 418 Monaco Drive, Punta Gorda, Florida 33950. 4. On or about April 12, 2004, Respondent filed articles of incorporation with the Florida Department of State to form Gonzalez Dental Corporation (GDC”). Respondent was listed as Vice-President of GDC and held 51 of the 100 shares of capital stock. GDC operated Respondent's dental practice, Gonzalez Dental Clinic, located at 1124 West 29 Street, Hialeah, Florida 33012, until the corporation was dissolved on or about July 30, 2008. 5. None of GDC’s remaining corporate officers were licensed dentists. The names of GDC's remaining corporate officers were as follows: - Mr. Oscar Morales, President; Mr. Omar Ochoa, Treasurer; and Mr. Jose Lopez, Secretary. In addition to serving as corporate officers, Mr. Morales, Mr. Ochoa, and Mr. Lopez each held 16 1/3 shares of the GDC’s capital stock. 6. | Mr. Morales and Mr. Ochoa obtained a license to practice dental radiography on or about April 26, 2005. Mr Lopez obtained a license to practice dental radiography on or about June 13, 2005, Neither Mr. Morales nor Mr. Ochoa nor Mr. Lopez has ever held a license to practice dentistry in the state of Florida. -2- DOH v Carlos Gonzelez; Case #2007-19534 Apr 2? 2009 11:16 APR-27-2089 11:58 AHCA 7. In early July 2007, the Miami-Dade Police Department's Medical Crimes Unit (MDPD-MCU) received an anonymous tip that the unlicensed practice of dentistry, a third degree felony, was taking place at the Respondent's dental practice. 8. Qn or about July 10, 2007, MDPD-MCU conducted an undercover operation at the Respondent’s practice, with detectives posing as new patients. Mr. Morales was arrested for the unlicensed practice of dentistry after he provided a dental evaluation to an undercover MDPD-MCU detective. 9. On or about July 10, 2007, MDPD-MCU officers also discovered Mr. Ochoa treating a patient, and arrested Mr. Ochoa for the unlicensed practice of dentistry. According to the arrest affidavit, Mr. Ochoa had treated Patient R.F. on or about July 2, 2007, by placing a “sealer” and/or temporary filling in a tooth that had received endodontic treatment. The affidavit further explained that Mr. Ochoa instructed Patient R.F. to return on July 10, 2007. According to the affidavit, on or about July 10, 2007, Mr. Ochoa removed the patient's “sealer” and/or temporary filling, placed a post, and took impressions for crown fabrication. 10. Respondent was not present when MDPD-MCU conducted its undercover operation on the Respondent's practice on or about July 10, 2007. -3- DOH v Carlos Gonzalez; Case #2007-19534 Apr 2? 2009 11:16 APR-27-2089 11:58 AHCA Respondent, therefore, left Mr Morales and Mr. Ochoa alone and. unsupervised as they treated patients scheduled for an initial examination and/or restorative work at Gonzalez Dental Clinic. | COUNT I 11. Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 12. Section 466.628(1)(g), Florida Statutes (2003-2007), provides that aiding, assisting, procuring, or advising any unlicensed person to practice dentistry cr val hygiene contrary to this chapter or to a rule of the department or 1, . sard constitutes grounds for disciplinary action by the Board of Dentistry. 13. Respondent aided an unlicensed person in the practice of dentistry by entering into a corporate arrangement with non-dentists, and then leaving two (2) of those non-dentists alone and unsupervised as they treated patients scheduled for initial examination and/or restorative work at Gonzalez Dental Clinic. 14. Based on the foregoing, Respondent has violated Section 466.028(1)(g), Florida Statutes (2003-2007), by aiding, assisting, procuring, or advising any unlicensed person to practice dentistry. -4. DOH v Carlos Gonzalez; Case #2007-19434 Apr 2? 2009 11:16 APR-27-2089 11:59 AHCA COUNT II 15. Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 16. Section 466.028(1)(h), Florida Statutes (2003-2007), provides that being employed by any corporation, organization, group, or person other than a dentist or a professional corporation or limited liability company composed of dentists to practice dentistry, constitutes grounds for disciplinary action by the Board of Dentistry. 17. At all times material to this complaint, Respondent was a dentist employed by GDC. GDC was a Florida corporation in which only one of its officers/owners, the Respondent, was licensed to practice dentistry in the state of Florida. The remaining officers/owners were non-dentists. 18. Based on the foregoing, Respondent has violated Section 466.028(1)(h), Florida Statutes (2003-2007), by being employed to practice dentistry by a corporation which is not composed of dentists. COUNT III 19. Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. -5- DOH v Carlos Gonzalez; Case #2007-19534 Apr 2? 2009 11:17 APR-27-2089 11:59 AHCA 20. Section 466.028(1)(z), Florida Statutes (2003-2007), provides that delegating professional responsibilities to a person who is not qualified by training, experience, or licensure to perform them constitutes grounds for disciplinary action by the Board of Dentistry. 21. Section 466.024(1), Florida Statutes (2003-2007) provides that a dentist may not delegate irremediable tasks to a. dental hygienist or dental assistant, except as provided by law. A dentist may delegate remediable tasks to a dental hygienist or dental assistant when such tasks pose no risk to the patient. A dentist may only delegate remediable tasks so defined by law or rule of the board. 22. Rule 64B5-16.001(3), Florida Administrative Code, provides that remediable tasks are those specified in Section 466.024, Florida Statutes, and those designated as such by the Board. Further, the Board designated the tasks listed in Chapter 64B5-16, Florida Administrative Code, as remediable tasks. 23. Performing an_ initial examination of a patient and taking impressions for crown fabrication are non-delegable tasks. Removing a sealer or temporary filling and/or placing a post are remediable tasks that may only be performed by a dental assistant who has received formal -6- DOH v Carlos Gonzalez: Case #2007-19534 Apr 2? 2009 11:17 APR-27-2089 (11:59 AHCA P.18 training and who performs the tasks under direct supervision of a licensed ‘dentist. 24. Respondent impliedly delegated treatment to non-dentists when he left two (2) non-dentists alone and unsupervised at a time when patients were scheduled ‘or initial examinations and/or restorative work, , 25. Responcer. !egated professional responsibilities to a person not qualified by ‘ ‘1g, experience, or licensure to perform the responsibilities by del: sting dental treatment, including the performance of an initial examir:. “oO an individual who was not licensed to practice dentistry. 26. Based ~ 2 foregoing, Respondent has violated Section 466.028(1)(z), Flo: tutes (2003-2007), by delegating professional responsibilities to 3 ‘| who is not qualified by training, experience, or licensure to perform thicm. COUNT IV 27. Petitioner realleges and incorporates paragraphs (1) through ten (10) as if fully set forth herein, 28, Section 466.028(1)(ff), Florida Statutes (2003-2007), provides that operating or causing to be operated a dental office in such a manner -7- DOH v Carlos Gonzalez; Case 42007-19534 Apr 2? 2009 11:17 APR-27-2889 11:59 AHCA as to result in dental treatment that is below minimum acceptable standards of performance for the community constitutes grounds for disciplinary action by the Board of Dentistry. 29. The minimum acceptable standards of performance for the community require that a dentist ensure that the dental treatment provided in their office is performed by a licensed dentist. 30. Respondent operated or caused to be operated a dental office in a manner that resulted in dental treatment below the minimum acceptable standards of performance in the community when he entered into a corporate arrangement with non-dentists, and then failed to supervise two (2) of those non-dentists at a time when patients were scheduled for initial examinations and/or restorative work. 31. Based on the foregoing, Respondent has violated Section 466.028(1)(ff), Florida Statutes (2003-2007), by operating or causing to be operated a dental office in such a manner as to result in dental treatment that is below minimum acceptable standards of performance for the community. -8. DOH vy Catlos Gonzalez; Case #2007-19534 Apr 2? 2009 11:17 APR-27-2889 12:88 AHCA COUNT V 32. Petitioner realleges and incorporates paragraphs (1) through ten (10) as if fully set forth herein. 33. Section 466.028(1)(kk), Florida Statutes (2003-2007), provides that allowing any person other than another dentist or a professional corporation or limited liability company composed of dentists to direct, control, or interfere with a dentist’s clinical judgment constitutes grounds for disciplinary action by the Board of Dentistry. 34. Respondent allowed a person other than another dentist or a professional corporation or limited liability company composed of dentists to direct, control, or interfere with a dentist’s clinical judgment when he allowed non-dentists to have a controlling interest in the corporation that owned his dental practice and when he allowed non-dentists to examine and/or treat patients. 35. Based on the foregoing, Respondent has violated Section 466.028(1)(kk), Florida Statutes (2003-2007), by allowing a person other than another dentist or a professional corporation or limited liability company composed of dentists to direct, control, or interfere with his clinical judgment -9- DOH v Carlos Gonzalez, Case #2007-19334 APR-27-2889 12:88 Apr 2? 2009 11:18 AHCA P.13 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 Responrent on probation, corrective action, refund of fees billed or collected, Board deems apr SIGM: ELL: DEPARTMENT i: LN CLERK: = DATE) ees pep: Fre /oF x) Y dial education and/or any other relief that the . 19 day of _ PENT. , 2008. Ana M. Viamonte Ros, M.D., M.P.H. ae General H. so, Mitchell Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar # 869414 850.245.4640 FAX: 850.245.4683 PCP Members: ©/%, We, 7™ DOH v Carlos Gonzalez, DDS; Case # 2007-19534 J: |PSU|Medical|Dentistry Jacob Croshy| Dentistry Cases|Gonzalez, Carlos (a)(hNzNA kK) (allowed DAs to examine pts) AC|Gonzalez (aNANZNAN KK) AC.doc -10- DOH v Carlos Gonzalez; Case #2007-19534 Apr 2? 2009 11:18 APR-27-2889 12:88 AHCA 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 Carlos Gonzalez, DDS; Case # 2007-19534 ’ DOH v Carlos Gonzalez; Case #2007-19534

Docket for Case No: 09-002261PL