STATE OF FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO: 2013-08454 WALLACE BERLINE BROWN, JR., D.D.S., 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, Wallace Berline Brown, Jr, D.D.S., 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. 2. At all times material to this Complaint, Respondent was a licensed dentist within the State of Florida, having been Issued license number DN 8794. 3. Respondent’s address of record is 1311 Queen Elaine Drive, Casselberry, Florida 32707. 4. On or about April 18, 2013, Patient R.A. presented to Respondent’s practice for an initial examination. At this visit, Respondent took impressions for and delivered full upper and full lower dentures. 5. On or about April 23, 2013, Patient R.A. returned to Respondent's practice. Respondent performed a “soft” reline of Patient R.A.’s upper denture and made adjustments, 6. The base of a denture sits on a patient’s endentulous ridge. It is sometimes necessary to “reline” a denture by adding additional base material in order for the denture to better conform to the shape of the endentulous ridge. 7. A “soft” reline involves relining the base with a somewhat pliable material to accommodate gum tenderness or sore spots. 8. A“hard” reline involves removing some of the plastic from the denture and filling it with a soft material to take an impression of the gums. The denture is then sent to a laboratory and the impression material is replaced by a hard acrylic. The acrylic used in the hard reline Is more durable than the materials used in a soft reline and provides maximum contact to the endentulous ridge. 9, On or about May 13, 2013, Patient R.A. returned to Respondent’s practice complaining about the fit of the dentures. 10. According to Respondent's clinical note for the May 13, 2013, visit, Respondent “[a]dvised assistant to place soft reline material in upper and lower dentures to get best fit and then convert them to hard reline status.” | 11. Section 466.024(1), Florida Statutes (2012), states in part 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. 12, Rule 64B5-16.005, Florida Administrative Code (2012), sets out the tasks delegable to dental assistants and the required level of supervision for those tasks. | 13. Relining dentures is not a task delegable to a dental assistant under Rule 64B5-16.005, Florida Administrative Code. 14. Section 466,028(1)(z), Florida Statutes (2012), provides discipline for “[dJelegating professional responsibilities to a person who is not qualified by training, experience, or licensure to perform them.” 15, On or about May 13, 2013, Respondent delegated a professional responsibility to a person who is not qualified by training, experience, or licensure to perform it. 16. By advising a dental assistant to place soft reline material in Patient R.A’s upper and lower dentures for the purposes of fabricating a hard reline, Respondent violated Section 466.028(1)(z), Florida Statutes. WHEREFORE, Petitioner respectfully requests that the Board of Dentistry enter an order imposing one or more of the following penalties: suspension, 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 2" day of Septem ders 2014, John H. Armstrong, MD, FACS Surgeon General & Secretary MM Hove Ce. la j Bridget K. McDonnell Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar #99874 TEL: 850.245.4444, FAX: 850.245.4681 Express Mail Address: 2585 Merchants Row, Suite 105 Email: Bridget.McDonnell@flhealth.gov FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK ANGEL SANDERS a __paTE SEP 26 | PCP: September 19, 2014 PCP Members: L.B., T.T., W.R. 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. Wallace Berline Brown, Jr, D.D.S., Case # 2013-08454

Docket for Case No: 15-000155PL