’ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, f- 3 qi Pl Vv. THOMAS ANTHONY SAITTA, D.D.S., Respondent. | eT / 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 the Respondent, Thomas Anthony Saitta, D.D.S., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of dentistry pursuant to Chapters 20, 456, and 466, Florida Statutes (2013). 2. At all times material to this Complaint, Respondent was a licensed dentist within the State of Florida, having been issued license number DN 11357. CASE NO.: 2013-20233 eye, (2 ond "5 3. At all times material to this Complaint, Respondent operated Crown Dentistry of the Palm Beaches, located at 3472 Forest Hill Boulevard, Suite 3A, West Palm Beach, Florida 33406. 4. Respondent has had an ongoing relationship with the Professionals Resource Network (“PRN”) since 1995. 5. PRN is a Department-contracted consultant for matters dealing . with impaired healthcare practitioners. 6. In December 2009, PRN referred Respondent to the Department for failure to progress in monitoring. 7. On or about April 21, 2010, Dr. T.T., a PRN-approved evaluator, evaluated Respondent and provided diagnoses of: anxiety disorder, not otherwise specified (“NOS”); impulsive disorder, NOS; polysubstance dependence in uncertain remission without evidence of physiologic dependence; and pathologic gambling by history. 8. On or about July 26, 2010, Respondent re-entered PRN and signed a Chemical Dependency monitoring contract that required participation in a weekly monitored PRN group, participation in mutual aid meetings, random urine/hair/blood toxicology screening, and successful completion of psychotherapy. DOH v. Thomas Anthony Saitta, D.D.S. DOH Case Number 2013-20233 2 9. On or about October 15, 2013, Respondent tested positive for cocaine on a PRN-facilitated hair toxicology screening. © 10. PRN refrained Respondent from practice, requested that Respondent sign a Voluntary Withdrawal from Practice (’VWOP”), and mandated that Respondent undergo a mental and physical examination. 11. Respondent did not comply with the mandate to refrain from practice, nor did he comply with PRN’s request for him to sign a VWOP. 12. On or about December 13, 2013, Dr. J.S., a PRN-approved evaluator, evaluated Respondent and provided diagnoses of: cocaine dependence; alcohol dependence, in remission; anabolic steroid dependence, in remission; pathologic gambling, by history; anxiety disorder, by history, in remission per patient report; depressive disorder, by history, in remission per patient report; adjustment disorder; and history of personality disorder, not otherwise specified (“NOS”), with narcissistic and dependent features. 13. Dr. J.S. opined that Respondent is not able to practice dentistry with reasonable skill and safety. 14. On or about December 20, 2013, PRN terminated Respondent's ° monitoring contract for noncompliance. DOH v. Thomas Anthony Saitta, D.D.S. DOH Case Number 2013-20233 3 COUNT I 15. Petitioner realleges and incorporates by reference paragraphs one (1) through fourteen (14) as if fully set forth herein. 16. Section 466.028(1)(s), Florida Statutes (2013), subjects a dentist ' to discipline for “being unable to practice her or his profession with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.” 17. Respondent violated Section 466.028(1)(s), Florida Statutes (2013) by being unable to practice dentistry with reasonable skill and safety to patients due to his diagnoses of: i. cocaine dependence; i alcohol dependence, in remission; iii. anabolic steroid dependence, in remission; iv. pathologic gambling, by history; v. anxiety disorder, by history, in remission per patient report; vi. adjustment disorder; and/or vii. history of personality disorder, NOS, with narcissistic and dependent features. . DOH v. Thomas Anthony Saitta, D.D.S. DOH Case Number 2013-20233 4 i Co | | 18. Based on the foregoing, Respondent violated Section 466.028(1)(s), Florida Statutes (2013), by being unable to practice dentistry with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. COUNT II 19. Petitioner realleges and incorporates by reference paragraphs one (1) through fourteen (14) as if fully set forth herein. 20. Section 456.072(1)(hh), Florida Statutes (2013), subjects a licensee to discipline for being terminated from a treatment program for impaired practitioners, for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program. 21. Respondent violated Section 456.072(1)(hh), Florida Statutes (2013), by being terminated from PRN due to the Respondent failing to comply with the terms of his PRN monitoring contract. 22. Based on the foregoing, Respondent violated Section 456.072(1)(hh), Florida Statutes (2013), by being terminated from a treatment program for impaired practitioners, for failure to comply, without DOH v. Thomas Anthony Saitta, D.D.S. DOH Case Number 2013-20233 5 good cause, with the terms of the monitoring -or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program. 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_77* day of _M@rch , 2014. John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health HH Gialella Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 0091101 Phone (850) 245-4444 x 8199 Fax (850) 245-4662 Karine.Gialella@flhealth.gov DOH v. Thomas Anthony Saitta, D.D.S. DOH Case Number 2013-20233 6 PCP: March 5, 2014 PCP Members: Carl Melzer, DDS; William Robinson, DDS; ; Leonard Britten, DDS DOH v. Thomas Anthony Saitta, D.D.S; DOH Case No. 2013-20233 FILED DEPARTMENT OF HEA DEPUTY CLERK CLER pate: _MAR 0 7 2014 DOH v. Thomas Anthony Saitta, D.D.S. DOH Case Number 2013-20233 7 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 any other discipline imposed. DOH v. Thomas Anthony Saitta, D.D.S, DOH Case Number 2013-20233 8

Docket for Case No: 14-003964PL