STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NOS. 2013-12498 2013-09493 MICHAEL ADDAIR TARVER, D.M.D., RESPONDENT. ny ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Dentistry against Respondent Michael Addair Tarver, D.M.D., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of dentistry pursuant to Section 20.43, Florida Statutes (2011-2012); Chapter 456, Florida Statutes (2011-2012); and Chapter 466, Florida Statutes (2011-2012). 2. At all times material to this complaint, Respondent was licensed to practice as a dentist in the State of Florida, pursuant to Chapter 466, Florida Statutes (2011-2012), and was a Board Certified Pediatric Dentist, 3. At all times material to this complaint, Respondent owned and operated Poiliwog Dental (“Polliwog”), doing business at 225 SE 17th Street, Ocala, Florida 34471. The dentists at Polliwog practice pediatric dentistry, Facts Specific to R.R. 4. On or about April 17, 2012, R.R., a four-year-old female patient, presented to Polliwog for a tooth extraction. Respondent sedated R.R. with Demerol prior to the procedure. 5. Demerol is the brand name for meperidine and is prescribed to treat pain. According to Section 893,03(2), Florida ‘Statutes (2011-2012), meperidine is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of meperidine may lead to severe psychological or physical dependence. 6. During the procedure, Polliwog staff members noted that R.R. had stopped breathing and had turned blue. Respondent administered Narcan to reverse the sedation and ordered a dental technician to retrieve a resuscitation bag from the crash cart. DOH v, Michael Addair Tarver, 0.M.D. 2 DOH Case Numbers 2013-09493 & 2013-12498 7. Narcan is the brand name for naloxone, a drug commonly used to counter the effects of opiate overdose. While naloxone is a legend drug, it is not a controlled substance under Section 893.03, Florida Statutes (2011- 2012). 8. Respondent administered breaths using the resuscitation bag, and after a short time R.R. resumed breathing. Respondent recorded the incident in the patient record as a period of “brief apnea.” 9. Respondent instructed Polliwog staff members to make no mention of the incident and admonished them that he would terminate and sue any staff member who mentioned the incident. No one informed R.R.’s parents that R.R. had stopped breathing and had been resuscitated. Facts Specific to A.R. 10. On or about June 4, 2013, Respondent performed a dental procedure on A.R., a four-year-old female patient. A.R.’s mother verbally consented to local anesthesia only. Respondent placed A.R. under conscious sedation for the procedure. 11. At the conclusion of the procedure, A.R. had lacerations on her cheek and inside her mouth. A.R. also had bruises on her neck and shoulders and had urinated on herself. DOH v. Michael Addair Tarver, D.M.0. 3 DOH Case Numbers 2013-09493 & 2013-12498 Alteration of Medical Records 12. On or about July 31, 2013, a Department investigator presented to Palliwog with a subpoena in order to obtain medical records. Polliwog staff told the investigator that Respondent was out of the office. After consulting with Respondent telephonically, Polliwog staff complied with the Department's subpoena and provided the requested patient records, 13. Several hours after the records request, Respondent logged into his clinic’s patient records database. Respondent altered several patient records, including records for R.R. and A.R. Respondent made no indication in the patient records that the records had been altered and provided no justification for altering the records. COUNT ONE 14. Petitioner realleges and incorporates by reference paragraphs one (1) through thirteen (13) as if fully set forth herein. 15. Section 466.028(1)(I), Florida Statutes (2011-2012), subjects a dentist to discipline for “[mJaking deceptive, untrue, or fraudulent representations in or related to the practice of dentistry.” DOH v. Michael Addair Tarver, 0.M.0. DOH Case Numbers 2013-09493 & 2013-12498 16. Respondent made deceptive, untrue, or fraudulent representations related to the practice of dentistry when he retroactively altered medical records without properly identifying them as late entries. 17. Based on the foregoing, Respondent violated Section 466.028(1)(1), Florida Statutes (2011-2012) by making deceptive, untrue or fraudulent representations in the practice of dentistry. COUNT TWO 18. Petitioner realleges and incorporates by reference paragraphs one (1) through thirteen (13) as if fully set forth herein. 19. Section 466.028(1)(m), Florida Statutes (2011-2012) subjects a dentist to discipline for “Failing to keep written dental records and medical history records justifying the course of treatment of the patient...” 20. Respondent failed to keep appropriate dental records when he retroactively altered medical records without properly identifying them as late entries. 21. Based on the foregoing, Respondent violated Section 466.028(1)(1), Florida Statutes (2011-2012) by failing to keep written dental records justifying the course of the treatment of patients. DOH v, Michael Addair Tarver, 0.M.D. 5 DOH Case Numbers 2013-09493 & 2013-12498 CQUNT THREE 22. Petitioner realleges and incorporates by reference paragraphs one (1) through thirteen (13) as if fully set forth herein. 23. Section 466.028(1)(mm), Florida Statutes (2011-2012), subjects a dentist to discipline for “{vJiolating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.” 24. Section 456.072(1)(r), Florida Statutes (2011-2012), subjects a licensee to discipline for “[i]mproperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.” 25, Respondent improperly interfered with an investigation or inspection authorized by statute when he retroactively altered medical records after learning that the Department was seeking those records under subpoena. 26. Based on the foregoing, Respondent violated Section 466.028(1)(mm), Florida Statutes (2011-2012), by violating Section 456,072(1)(r), Florida Statutes (2011-2012) by improperly interfering with an investigation or inspection authorized by statute. WHEREFORE, Petitioner respectfully requests that the Board of Dentistry enter an order imposing one or more of the following penalties: DOH v. Michael Addair Tarver, 0.M.D. 6 DOH Case Numbers 2013-09493 & 2013-12498 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. Oeih C SIGNED this LS day of _