STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2013-03889 DAVID T. TURBYFILL, D.M.D., RESPONDENT. / ADMINI TIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Dentistry against Respondent, David T. Turbyfill, D.M.D., 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 (2012); Chapter 456, Florida Statutes (2012); and Chapter 466, Florida Statutes (2012). . | 2. At alf times material to this Complaint, Respondent was licensed to practice as a dentist in the State of Horida, having been issued license number DN 13469. 3. At all times material to this order, Respondent was employed by Oral and Maxillofacial Surgery Associates (“Surgery Associates”) at 4850 North Ninth Avenue, Suite 4, Pensacola, Florida, 32503. 4. On or about November 16, 2012, Respondent performed surgery on a minor female patient at Surgery Associates. In preparation for the surgery, the patient was anesthetically sedated. 5. Following the operation, Surgery Associates staff members observed Respondent standing dose to and/or touching the sedated patient and also noted that Respondent was sexually aroused. Upon noticing another staff member in the room, Respondent covered his genital region with an item and left the room. 6. On or about November 28, 2012, Respondent performed surgery on a female patient at Surgery Associates. In preparation for the surgery, the patient was anesthetically sedated. 7. Following the operation, Surgery Associates staff members observed Respondent standing close to and/or touching the sedated patient and further observed Respondent moving his hips and/or pelvic region. 8. On or about February 20, 2013, Respondent performed surgery ona minor female patient at Surgery Associates, This was the same patient who was involved In the incident on or about November 16, 2012. In preparation for the surgery, the patient was anesthetically sedated. 9. Fallowing the operation, Surgery Associates staff members observed Respondent standing clase to and/or touching the sedated patient and also noted that Respondent was sexually aroused. Staff members observed respondent moving his hips and/or pelvic region. Upon hoticing another staff member in the room, Respondent covered his genital region with an item and feft the room. 7 | 10. Later in the day, Respondent performed surgery on a different minor female patient at Surgery Associates. In preparation for the surgery, the patient was anesthetically sedated. | 11, Following the operation, Surgery Associates staff: members observed Respondent uncovering the sedated patient’ arm from a post- operative blanket, and placing the arm on the armrest of the operation chair. Staff members observed Respondent standing close to and/or touching the sedated patient and also noted that Respondent was sexually aroused. Upon noticing staff members’ presence, Respondent moved away from the sedated patient. 12, Section 466.028(1)(mm), Florida Statutes (2012), subjects a dentist to discipline for violating any provision of Chapter 466 or 456 or any rules adopted pursuant thereto. 13. Section 466.027, Florida Statutes (2012), prohibits sexual misconduct by a dentist, and defines sexual misconduct in the practice of dentistry as the violation of the dentist-patient relationship through which the dentist uses. said relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of the practice or the scope of generally accepted examination or treatment of the patient. 14. Respondent engaged in sexual activity with three of his patients, in violation of Section 466.027, Florida Statutes (2012), in one or more of the following manners: a. Using the dentist-patient relationship to induce or attempt to induce the patient to engage in sextial activity. outside the scope of the practice; and/or b. Using the dentist-patient relationship to engage or attempt to engage the patient in sexual activity outside the scope of practice. 15. Respondent violated Section 466.028(1)(mm), Florida Statutes (2012) by violating Section 466.027, Florida Statutes (2012). 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 _|{> day of Ape: | , 2013. FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders DATE APR 2 2 2013 “PCP: 4/19/13 John H. Armstrong, MD, FACS State Surgeon General and ’ Secretary of Health ee he R. Shaffer Claridge, Esq. Florida Bar No, 0095549 Assistant General Counsel Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 (P) 850/245-4444, extension 8166 (F) 850/245-4662 (E) shaffer_claridge@doh.state.fl.us PCP Members: Dr. Thomas, Dr. Melzer & Dr. Levsky . ICE HT 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 te have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. ING E ENT OF Respondent fs 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.

Docket for Case No: 13-001556PL