STATE OF FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO: 2018-06783 CHARLES E. GRAPER, D.D.S., RESPONDENT. a | | ADMINISTRATIVE COMPLAINT Petitioner Department of Health, files this Administrative Complaint before the Board of Dentistry against Respondent, Charles E. Graper, D.D.S. In support, Petitioner alleges: 1. Petitioner is the state agency 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 DN5385. 3. | Respondent’s address of record is 832 N.W, 57% Street, Gainesville, Florida 32605. 4. The Georgia Board of Dentistry is the licensing authority for dentists in the State of Georgia. 5. | The Georgia Composite Medical Board is the licensing authority for medical doctors on the State of Georgia. 6. At all times material to this Complaint, Respondent was a licensed dentist within the State of Georgia, having been issued license number DNO07726. 7. At all times material to this Complaint, Respondent was a licensed medical doctor within the State of Georgia, having been issued license number 41812. . 8. On or about May 9, 2018, Respondent's dental license in the State of Georgia was revoked by the Georgia Board of Dentistry. 9. The revocation by the Georgia Board of Dentistry constitutes action against Respondent's Georgia dental license. 10. Respondent did not inform the Florida Board of Dentistry in writing within thirty days of the revocation of his Georgia dental license. 11. Respondent's medical license was subject to discipline in the State of Georgia pending the completion of an ongoing investigation for the revocation of Respondent's Georgia dental license. DOH v. Charles E, Graper, D.D.S Case No. 2018-06783 ; 2 12. On or about June 7, 2018, the Georgia Composite Medical Board issued a Final Order accepting Respondent's Voluntary Relinquishment of his medical license in response to or in anticipation of disciplinary action. . | 13. The Final Order accepting relinquishment of his medical license in the State of Georgia in response to or in anticipation of disciplinary action constitutes action against Respondent's Georgia medical license. COUNT I 14. Petitioner realleges the allegations in Paragraphs 1 through 13, and incorporates them by reference as though fully stated herein. 15. Section 466.028(1)(b), Florida Statutes (2017), provides that having a license to practice dentistry or dental hygiene acted against, including the denial of licensure, by the licensing authority of another state, territory, or country, is grounds for the discipline by the Florida Board of Dentistry. . , 16. Respondent violated Section 466.028(1)(b), Florida Statutes (2017), when the Georgia Board of Dentistry revoked his license to practice dentistry in the State of Georgia. DOH v. Charles E. Graper, D.D.S Case No. 2018-06783 3 COUNT II 17. Petitioner realleges the allegations in Paragraphs 1 through 13, and incorporates them by reference as though fully stated herein. 18. Section 456.072(1)(f), Florida Statutes (2017), provides that having a license or the authority to practice any regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. The licensing authority's acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license. 19. Respondent violated Section 456.072(1)(f), Florida Statutes (2017), by voluntarily relinquishing his medical license in the State of Georgia in response to or in anticipation of disciplinary action. COUNT III 20. Petitioner realleges the allegations in Paragraphs 1 through 13, and incorporates them by reference as though fully stated herein. 21. Section 466.028(1)(ii), Florida Statutes (2017), provides that failing to report to the board, in writing, within 30 days if action has been DOH v. Charles E. Graper, D.D.S Case No. 2018-06783 4 taken against one’s license to practice dentistry in another state, territory, or country is grounds for the discipline by the Florida Board of Dentistry. 22. Respondent violated Section 466.028(1)(ii), Florida Statutes, by failing to report to the board, in writing, within 30 days that his license to practice dentistry was acted against by the State of Georgia. 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. th SIGNED this S_ day of Ntember 2018. Celeste Philip, M.D., M.P.H. Su n General and Secretary A Mp j Misra sistant General Counsel H Prosecution Services Unit ae AOEPUTY CLERK 52 Bald Cypress Way, Bin C-65 CLERK Amber Greone Tallahassee, Florida 32399-3265 . NOV 0 5 2018 Florida Bar #108907 TEL: 850-558-9875 Email: raj.misra@flhealth.gov FILED S88 PCP: Gesek, Melzer, Miro November 2, 2018 DOH v. Charles E. Graper, D.D.S Case No, 2018-06783 5 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this agency action. 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. Charles E. Graper, D.D.S Case No. 2018-06783 6

Docket for Case No: 19-000999PL