STATE OF FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, | PETITIONER, v. CASE NO: 2016-09684 MARCELO MATTSCHET, D.D.S., RESPONDENT. cee | 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, Marcelo Mattschei, 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 14337. | 3. Respondent's address of record is 9960 Business Circle, Unit 14, Naples, Florida 34112. 4. Patient M.G. had a history of periodontal disease. On or about August 14, 2014, Patient M.G.’s prior treater Dr. A. diagnosed Patient M.G. with periodontal disease and recommended a periodontal maintenance procedure to be done every 3 months. 5. On or about October 12, 2015, Patient M.G. presented to Respondent at his place of employment, Dental Crown in an Hour (Dental Crown) for an initial comprehensive exam. Respondent noted severe wear of Patient M.G’s teeth and diagnosed a decrease in vertical dimension of Patient M.G.’s jaw due to bruxism. 6. | Respondent recorded a Periodic Screening and Recording C(PSR”) score of up to a “Code 3” for associated bone and attachment loss. A“Code 3” indicates a finding of periodontal pockets of up to 5.5 mm. 7. A “Code 3” finding indicates chronic periodontal disease. Periodontal disease is a chronic inflammatory disease of the gums, supporting bone, and attachment around the teeth. 8. Without proper periodontal maintenance protocols, chronic periodontal disease can progress to the extent of tooth loss. 9. Respondent proposed the following treatment plan: root canal therapy for Patient M.G’s tooth #22, a post and build-up after the root canal, and temporary crowns for. teeth #’s 4 through 7, 10, 13 through 14, and 18 through 30. The crowns for teeth #’s 18 through 30 were proposed as splinted crowns. 10. The minimum standard of performance in diagnosis and treatment in the practice of dentistry requires a dentist to develop a treatment plan sufficient to address the patient’s periodontal needs or provide the patient with a timely referral to a specialist. : 11. On or about January 26, 2016, on Respondent's recommendation, Patient M.G. had an adult prophylaxis cleaning performed by a dental hygienist at Dental Crown. 12. Adult prophylaxis procedures are designed for patients with normal, healthy periodontal conditions. The procedure does not address periodontal conditions. 13. At the January 26, 2016 visit, the dental hygienists noted a PSR of up to “Code 2,” for bleeding, plaque, and calculus debris. 14. Respondent did not propose a treatment plan that would sufficiently address Patient M.G.’s periodontal disease or refer Patient M.G. to a specialist. 15. Respondent fell below the minimum standard of performance in diagnosis and treatment in the practice of dentistry by failing to provide a treatment plan sufficient to address Patient M.G/s periodontal disease or refer her to a specialist. | 16. On or about October 19, 2015, Patient M.G. presented to Respondent to begin treatment. Respondent took impressions of Patient M.G/’s bottom teeth for the splinted crown for teeth #’s 18 through 30. Respondent took a bite registration and selected shade colors of the restoration. 17. On or about November 2, 2016, Respondent prepared Patient M.G.'s lower anterior teeth and delivered the temporary crown splint. 18. The minimum standard of performance in diagnosis and treatment in the practice of dentistry requires a dentist to treat a patient’s periodontal health prior to placing restorations, as active periodontal disease will impact the effectiveness of the treatment and may also be exacerbated by the placement of the restorations. 19. On or about November 6, 2016, Patient M.G. returned to Respondent with a complaint of pain in the areas of teeth #’s 18 and 19 and that the temporary splinted crown was loose. Respondent diagnosed tooth #18 with pulpitis, an apical cyst on tooth #19, and temporomandibular disorder. 20. Respondent proposed a CT scan, root canals with build up for teeth #’s 18 and 19. Respondent also reordered the temporary crown splint due to noted open margins. 21. On or about November 16, 2015, Patient M.G. presented to Respondent with sensitivity around the lower temporary splint. 22. On or about December 30, 2015, Patient M.G. presented to Respondent for repair to a chipped veneer on tooth #10. Respondent diagnosed’ chronic periodontitis on tooth #19. Respondent performed a root canal on tooth #18. Respondent also delivered and realigned the new lower temporary splint. 23. On or about February 2, 2016, Respondent cauterized excess gum tissue around Patient M.G.'s teeth #’s 27 through 28 that interfered with the splinted crowns fit. Respondent performed a buildup procedure on root canal tooth #19. Respondent took final impressions for the 10 unit permanent crown splint. This was the last visit Patient M.G. had with Respondent. 24. Respondent fell below the minimum standard of performance in diagnosis and treatment in the practice of dentistry by failing to treat Patient M.G.’s periodontal health prior to placing restorations. 25. On or about February 11, 2016, Patient M.G. sought a second opinion with Dr N.R. After an evaluation of Patient M.G., Dr N.R. diagnosed Patient M.G. with periodontal disease and made a referral to a specialist. 26. Section 466.028(1)(x), Florida Statutes (2015), states that “[bJeing guilty of incompetence or negligence by failing to meet the minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance, including, but not limited to, the undertaking of diagnosis and treatment for which the dentist is not qualified by training or experience[,]” shall constitute grounds for disciplinary action by the Board of Dentistry. 27. Respondent violated Section 466.028(1)(x), Florida Statutes, in one or more of the following ways: | A. By failing to provide sufficient treatment for Patient M.G/s periodontal condition or refer her to a specialist; or, B. By failing to treat Patient M.G.'s periodontal health prior to placing restorations. WHEREFORE, Petitioner respectfully requests that the Board of Dentistry enter an order imposing one or more of the following penalties: 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 November 2018. Celeste Philip, MD, MPH Surgeon General & Secretary of Health sistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar #105920 ., TEL: 850.245.4640, FAX: 850.245.4681 DEPARTMENT OF HEAL: « Express Mail Address: : - . 2585 Merchants Row, Suite 105 cunt: Brno? Cortte< Email: rose.garrison@flhealth.gov NOV 09 2017 ee PCP: September 1, 2017 . ak PCP Members: Dr. Thomas , Tr. Fam, Dr. Britren DOH vy. Marcelo Mattschei, D.D.S., Case # 2016-09684 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. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. Marcelo Mattschei, D.D.S., Case # 2016-09684

Docket for Case No: 20-001142PL