STATE OF FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO: 2016-00178 KRISTINE MARSHALL, 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, Kristine Marshall, DDS, 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 13561. 3. Respondent’s address of record with the Department is 7873 10th Avenue South, St. Petersburg, Florida 33707. | 4. On or about March 21, 2014, Patient J.L. presented to Respondent’s practice for the seating of a crown on tooth’ number 5. Patient J.L. had begun treating with Respondent the previous month. 5. Patient J.L. had a retained primary cuspid. | 6. Respondent noted in the clinical record for that date | that Patient J.L. wanted “to do something about her baby tooth #6.” 7. According to the clinical record, Respondent discussed providing Patient J.L. with orthodontic treatment using Invisalign® brand orthodontic devices (Invisalign). 8. The Invisalign method of orthodontic treatment! involves a series of incremental aligners to cause tooth movement. , 9. On that date, Respondent provided Patient J.L. withya quote for the Invisalign treatment, collected payment, and had Patient’J.L. sign a . consent form. | 10. According to the clinical record, Respondent performed an “Invisalign scan” and constructed a composite of facial and intra;oral photographs for Patient J.L’s Invisalign case. 11. Cases are transmitted to Invisalign technicians: through a software program known as “ClinCheck.” The treating dentist fills out the “Invisalign Prescription Form” and uploads any photographs and/or radiographs to the program. Impressions are sent to Invisalign to be digitized. Invisalign technicians create a computerized “ClinCheck model” based on the dentist's initial prescription, supporting photographs and/or radiographs, and the impressions. The dentist then reviews the model and makes any necessary adjustments or modifications. . 12. Respondent was to provide Patient J.L. with 16 trays for her upper and lower teeth with an estimated treatment time per Invisalign of 8-12 months. 13. In the clinical record, Respondent noted that Patient J.L. would be moving out of state that summer, but that the practice could mail J.L. the additional trays. The record further noted that Respondent planned for Patient J.L. to “return 2 times a [year] for follow up [appointment].” 14. According to the clinical record, Respondent planned to L the retained primary cuspid in the position of tooth number 6/and deliver orthodontic trays at the next appointment. 15. The minimum standard of performance in diagnosis | and treatment in the practice of dentistry requires a dentist to ‘provide an 3 accurate diagnosis of a patient’s dental condition to include all significant findings. , 16. The radiographs taken at Patient J.L’s initial appointment showed that the cuspid had adequate bone support with no resorption. 17. In addition, the radiographs showed that Patient J.L’s permanent tooth number 6 was impacted. 18. There is no indication that Respondent diagnosed permanent tooth number 6 as impacted. , 19. Respondent did not appear to make any adjustments or modifications to the Clincheck model developed by Invisalign techniclans, but accepted the case and delivered the first trays to Patient J.L. 20. Respondent relied on the Invisalign technicians to identify Patient J.L.’s orthodontic condition and to develop a plan for treatment. 21. The minimum standard of performance in diagnosis and treatment in the practice of dentistry requires a dentist to acquire accurate records on a patient’s dental condition for the purposes of initiating orthodontic treatment. 22. The composite of facial and intra-oral photographs taken on or about March 21, 2014, and transmitted to Invisalign presented Patient J.L’s upper and lower teeth as reversed images with the right side appearing as | 4 the left and vice versa. As such, these photographs lacked diagnostic value. . 23. Respondent failed to acquire accurate records on Patient 0.Ls dental condition for the purpose of initiating orthodontic treatment. 24. The minimum standard of performance in diagnosis and treatment in the practice of dentistry requires a dentist to develop and present a treatment plan to the patient before initiating treatment. | 25. Inacomment to “Treatment Plan #1” in the ClinCheck program Respondent stated that Patient J.L. had “#C or #6 present and we will need to [extract to] allow for space.” - 26. It is not evident that any orthodontic issues existed which necessitated the extraction of the tooth to “allow for space.” 27. Outside of initiating Invisalign treatment, there is no indication that Respondent developed a treatment plan for the space that, would exist once the retained primary cuspid was extracted. , 28. On or about April 14, 2014, and May 27, 2014, Patient JL. presented to Respondent's practice for the delivery of the Invisalign trays. 29. On or about April 15, 2014, Respondent extracted the retained | . primary cuspid in the position of tooth number 6. 30. According to the clinical record for September 3, 2014, Respondent's practice mailed the last trays to Patient J.L’s new address in North Carolina. The clinical record noted that the next appointment planned for Patient J.L. would be for “refinement/[course] corrections.” 31. Respondent sold her dental practice in October 2014 and did not provide any further treatment to Patient Je 32. Section 466.028(1)(x), Florida Statutes (2013-2014), states| that “[b]eing 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[,]” shall constitute grounds for disciplinary action by the Board of Dentistry. 33. Respondent violated Section 466.028(1)(x), Florida Statutes, in one or more of the following ways: A. By failing to diagnose Patient J.L.’s impacted permahent tooth number 6; B. By failing to acquire accurate records of Patient ‘J.L. for the purposes of initiating orthodontic treatment; or , C. By failing to develop and present a treatment plan to Patient J.L. for the edentulous space resulting from the extraction of the retained primary cuspid. | 6 WHEREFORE, Petitioner respectfully requests that the Board of Dentistry enter an order imposing one or more of the following pena restriction of practice, imposition of an administrative fine, issuance ties: of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other telief that the Board deems appropriate. SIGNED this FILED HEALTH RTMENT OF DEPARTMENT Ok CLERK Fogel ‘Sanders pare gep 0.6 207 PCP: 9/1/2017 lath day of Apter per” 2017. Celeste Philip, MD, MPH Surgeon General and Secretary Banat McDonnell Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399- ci Florida Bar #099874 TEL: 850.558.9872, FAX: 850. 245.4684 Express Mail Address: 2585 Merchants Row, Suite 105 Email: Bridget. McDonnell @flhealth.gov 3 PCP Members: J. Thomas, T. Morgan, R. Perdomo DOH v. Kristine Marshall, D,D.S., Case # 2016-00178 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. 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 Administrativ Cod 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 Administr tive 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. Kristine Marshall, D.D.S., Case # 2016-00178 8

Docket for Case No: 20-002097PL