Mar 9 2010 16:49 MAR-G9-2618 17:38 AHCA P.a4/12 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2007-21379 Barry Garsson, DbSs, RESPONDENT. a 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, Barry Garsson, 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 4 licensed dentist within the State of Florida, having been issued license number DN 7170. 3. Respondent’s address of record is 4001 North Ocean Bivd. Apt. 1404B, Boca Raton, FL 33431 8002 @z Inr MAR-PO-21 17238 AHA Mar 9 2010 16:50 P8512 4. Respondent provided dental treatment to Patient B.C. from on or about March 28, 2007, through on or about May 3, 2007. S. Onor about March 28, 2007, Patient B.C. presented to Denture Plus due to a broken tooth. Patient B.C. informed the owner, Lawrence, that she did not want any metal on the partial. Patient B.C. agreed to receive a Valplast partial. The owner, Lawrence, took an impression of Patient B.C’s mouth. On or about April 12, 2007, the Respondent delivered a partial to Patient B.C. Patient B.C. complained that the partial fell out while she was eating and made an appointment for May 3, 2007, to have the partial adjusted. 6. On or about May 3, 2007, Patient B.C. presented to the Respondent to have the partial adjusted. The Respondent was unable to get the partial adjusted correctly and determined that Patient B.C. needed a new partial. The Respondent took new impressions and scheduled Patient B.C. to return the following week to have the new partial fitted. 7. At no time during the treatment of Patient B.c. did the Respondent take x-rays of Patient B.C.'s mouth, The Respondent failed to conduct a full examination of Patient B.C.’s mouth including a hard tissue examination and/or failed to record the results of the examination in J:\PSU\Medical\Dentistry Patricia Smith\AC's\Garsson\2007-21379.doc “2- MAR-B9-2814 17:38 AHCA Mer 2 20n0 tent P.@6/12 Patient B.C.’s treatment record. The Respondent failed to note which tooth the partial denture was designed to replace. The Respondent failed to retain the dental lab prescription detailing the survey, design, material or fabrication instructions for the partial denture. 8. Patient B.C. returned to Denture Plus on or about May 9, 2007, to have the new partial fitted. The owner, Lawrence, told Patient B.C. that her new partial would contain metal. Patient B.C. objected to having any metal on her partial. Lawrence informed Patient B.C. that she had no choice. 9, | The owner, Lawrence, is not a licensed dentist. COUNT I 10. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 11. Section 466.028(1)(m), Florida Statutes (2006), 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), JAPSU\Medical\Dentistry\Parricia Smith\AC's\Garsson\2007-21379.dac -3- MAR-G9-2616 17:39 AHCA Mar 9 2010 16s50 Parris 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 e, Treatment rendered to the patient. 13. Respondent failed to keep written dental records and medical history records justifying the course of treatment of the patient in one or more of the following ways: a. By failing to record any clinical findings at the Respondent's initial visit with Patient B.C.; b. By failing to chart Patient B.C.’s existing dentition and/or restorations; c. _ By failing to note in the treatment record which tooth the partial denture was designed to replace; and/or d. By failing to maintain the dental laboratory prescription detailing the survey, design, material or fabrication instructions for the partial denture. 14. Based on the foregoing, Respondent has violated Section 466.028(1)(m), Florida Statutes (2006), by failing to keep written dental J:\PSU\Medical\Dentisiry\Parricia Smith\AC's\Garsson\2007-21379.doe -4- M4 : MAR-H9-2618 17:39 AHCA ar 9 2010 tens! P8812 records and medical history records justifying the course of treatment of Patient B.C. COUNT If 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 (2006), 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. 17. The prevailing standard of care requires that a dentist properly examine, diagnose and treatment plan. 18. 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. By failing to conduct a full examination of the mouth including conducting a hard tissue examination, and/or; b. By failing to take x-rays. J;\PSU\Medical\Dentistry\Parricia Smith\AC's\Garsson\2007-2 1379. doe -oe- MAR-G9-2616 17:39 AHCA Mar 9 20100 1651 P.@912 19. Based on the foregoing, Respondent has violated Section 466.028(1)(x), Florida Statutes (2006), 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. Count II 20. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 21. Section 466.028(1)(h), Florida Statutes (2006) 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. 22. By definition, examining patients, taking impressions and/or placing an appliance or structure in the human mouth or the adjusting or attempted adjusting of the appliance or structure constitutes the practice of dentistry. [Florida Statutes 466.003(3)(a)(c)] 23. The Respondent violated Section 466.028(1)(h) by being employed by Denture Plus, an entity owned by D. Lawrence, a non-dentist, to practice dentistry. J APSUMedical\Dentistry\Patricia smith\AC's\Garsson\2007-21379.doe Mar 9 2010 16:51 MAR-G9-2618 17:48 AHCA P.18/12 24. Based on the foregoing, Respondent violated Section 466.028(1)(h), Florida Statutes (2006), by being employed by a non- dentist, D. Lawrence, at Denture Plus. 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 25th _ day of July , 2008. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General Pitta, Bernd Patricia D. Smith Al E, ; , a SEPUTY CLERK Assistant General Counsel cue PRLog cer DOH Prosecution Services Unit DATE : 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar No. 728160 850.245.4640 Ext, 8183, 850.245.4683 FAX PCP: 7/25/08 PCP Members: CM, JT, SL DOH v Barry Garsson, DDS; Case # 2007-21379 J:A\PSU\Medical\Dentistry\Patricia Smith\AC's\Garsson\2007-21379.doe MAR-G9-2618 17:48 AHCA Mar 9 2010 16751 P.11i-12 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 discipiinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. DOH v Barry Garsson, DDS; Case # 2007-21379 JAPSU\Medical\Dentistry\Patricia Smith\AC's\Garsson\2007-21379.doc -8-

Docket for Case No: 10-001165PL