STATE OF FLORIDA BOA DEPARTMENT OF HEALTH, Petitioner, Vv. _ JULIO SUAREZ, D.H., Respondent. RD OF DENTISTRY CASE NO.: 2016-17706 —__ ____/ ADMINISTRATIVE COMPLAINT Petitioner Department] of Health files this Administrative Complaint before the Board of Dentistry against Respondent, Julio Suarez, D.H. In support thereof, Petitioner alleges: 1.‘ Petitioner is the practices of dental hygiene state agency charged with regulating the 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 dental hygienist within the State 1 Florida, having been issued license number 4 DH23144 on January 21, 20 3. | Respondent’s add ress on record with the Department is 12406 SW 192 Terrance, Miami, Florida 33177. Exhibit A 4. At all times material to this Complaint, Art Dental Services (“ADS”) was a dental practice located at 11373 SW 211 Street, Miami, Florida 33189. 5. Section 466.018, Florida Statutes, mandates that each patient in Florida shall have a dentist of record who shall be identified in the patient's records. 6. Section 466.024, Florida Statutes, and Rule 64B5-16, Florida Administrative Code, enumerates the tasks that are delegable to dental hygienists. 7. At all times ma terial to this Complaint, placing permanent restorations, performing alveoplasty, and extracting teeth were not tasks delegable to dental hygienists. FACTS PERTAINING TO PATIENT H.A. 8. Patient H.A. first 9. ADS records for received one or more fillings for while a patient at ADS. presented to ADS on or about March 1, 2016. Patient H.A. show, in relevant part, that she and that at least two extractions were planned 10. The records do not identify a dentist of record. DOH v, Julio Suarez D.H. DOH Case No. 2016-17706 11. Respondent placed at least one of Patient H.A's fillings and extracted at least one of her |teeth while she was a patient at ADS. FACTS PERTAINING TO PATIENT S.S. 12. Patient S.S. first presented to ADS on or about August 10, 2015. 13. ADS records for Patient S.S. show, in relevant part, that she had at least one tooth extracted while a patient at ADS. 14. The records do not identify a dentist a of record. 15. Respondent extracted at least one of Patient S.S.’ teeth while she was a patient at ADS. FACTS PERTAINING TO PATIENT D.B. 16. Patient D.B. first presented to ADS on or about February 3, 2016. 17. ADS records for) Patient D.B. show, in relevant part, that he received at least one filling while a patient at ADS. 18. The records do not identify a dentist a of record. 19. Respondent placed at least one of the fillings that Patient D.B. received while a patient at ADS. . FACTS PERTAINING TO PATIENT D.D. 20. Patient D.D. first] presented to ADS on or about September 15, 2015. DOH v. Julio Suarez D.H. 3 DOH Case No. 2016-17706 21. ADS records for Patient D.D. show, in relevant part, that she had at least one filling placed, at least one tooth extracted, and at least one alveoplasty procedure while a patient at ADS. 22. The records do not identify a dentist of record. 23. A Patient Acknowledgment and Treatment Satisfaction form in the records signed by Patient D.D. states that Patient D.D, was satisfied with the treatment provided by “Doctor Julio Suarez” and “his staff” 24. Respondent placed at least one of the fillings that Patient D.D. received, extracted at least lone of her teeth, and performed at least one alveoplasty procedure on her while she was a patient at ADS. COUNT I — PATIENT H.A. 25. Petitioner re-alleges and incorporates paragraphs i through 11 as if set forth fully herein. 26. Section 466.028(1)(y), Florida Statutes (2015-2016), subjects dental hygienists to discipline for practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that she or he is not competent to perform. DOH v. Julio Suarez D.H. 4 DOH Case No. 2016-17706 27. Respondent practiced or offered to practice beyond the scope permitted by law or accepted and performed professional responsibilities which Respondent knew or had reason know that he was not competent to perform in one or more of the following manners: a) Placing one or|more fillings in Patient H.A’s teeth; and/or b) Extracting one or more of Patient H.A/s teeth. 28. Based on the foregoing, Respondent has violated section 466.028(1)(y). COUNT II — PATIENT S.S. 29. Petitioner re-alleges and incorporates paragraphs 1 through 7 and 12 through 15 as if set forth fully herein. 30. Section 466.028(1)(y) subjects dental hygienists to discipline for practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that she or he is not competent to perform. 31. Respondent practiced or offered to practice beyond the scope permitted by law or accepted and performed professional responsibilities which Respondent knew or had reason know that he was not competent to perform by extracting at least one of Patient S.S.’ teeth. DOH v. Julio Suarez D.H. 5 DOH Case No. 2016-17706 32. Based on the foregoing, Respondent has violated section 466.028(1)(y). COUNT II — PATIENT D.B. 33. Petitioner re-alleges and incorporates paragraphs 1 through 7 and 16 through 19 as if set forth fully herein. 34. Section 466.028(1)(y) subjects dental hygienists to discipline for practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the Jicensee knows or has reason to know that she or he is not competent to perform. 35. Respondent practiced or offered to practice beyond the scope permitted by law or accepted and performed professional responsibilities which Respondent knew or had reason know that he was not competent to perform by placing one or more fillings in Patient D.B.’s teeth. 36. Based on the foregoing, Respondent has violated section 466.028(1){y). COUNT IV — PATIENT D.D. 37. - Petitioner re-alleges and incorporates paragraphs 1 through 7 and 20 through 24 as if set forth fully herein. DOH v. Julio Suarez D.H. 6 DOH Case No, 2016-17706 38. Section 466.028(1)(y) subjects dental hygienists to discipline for practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that she or he is not competent to perform. 39. Respondent practiced or offered to practice beyond the scope permitted by law or accepted and performed professional responsibilities which Respondent knew or had reason know that he was not competent to perform in one or more of the following manners: a) Placing at least one of the fillings that Patient D.D. received; b) Extracting at least one of her teeth; and/or c) Performing at least one alveoplasty procedure on Patient D.D. 40. Based on the foregoing, Respondent has violated section 466.028(1)(y). WHEREFORE, the Petitioner respectfully requests that the Board enter an order imposing one/or more of the following penalties: permanent revocation or suspension of Respondent's certificate and license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of DOH v. Julio Suarez D.H. 7 DOH Case No. 2016-17706 fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this [ ‘ FILE! DEPARTMENT OF HEALTH DEPUTY CLERK CLERK = Angel Aanders DATE MAR 1 9 2020. PCP: March 13, 2020 day of pac, , 2020. Scott A. Rivkees, MD State Surgeon General Octavio Simoes-Ponce, Esq. Assistant General Counsel Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Phone: (850) 558-9902 Fax: (850) 245-4684 Florida Bar # 0096511 Octavio.Simoes-Ponce@flhealth.gov PCP Members: Claudio Miro, D.D.S., Leonard Britten, D.D.S., and Catherine Cabanzon, D.H. DOH v. Julio Suarez D.H. DOH Case No, 2016-17706 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 jargument, 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 hearingjon 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. Julio Suarez D.H. 9 DOH Case No. 2016-17706 PS Form 3817, Facsimile, July 2015 0 ee Th ie Sart so sn ena ante abe pa I ‘| i Exhibit B Ron DeSantis Mission: . Govemor To protect, promote & improve the health of all people in Florida through Integrated Pewee 2 state, county & community efforts. Ori é HEALTH Vision:|To be the Healthiest State in the Nation Scott A. Rivkees, MD State Surgeon General AFFIDAVIT I, Jessica Sapp, Executive Director, Custodian for the Board of Dentistry hereby certify in my official capacity as custodian for the Board's licensure files, that the Board of Dentistry has not received an Election of Rights form or other responsive pleading which requests a hearing prior to any agency action regarding Julio Suarez, D.H.,| Case Number 2016-17706, which would affect the Subject's substantial interest or rights. Board of Dentistry identity is known to me(personally by type of identification) and who, under gath, acknowledges that her signature appears above. Sworn to and subscribed before me this__ 1 day of fol a Before me, re erste red Jasica Sapp , whose 2020. NOTARY PU BLIC My Commission Expires: cr ACE NIC SE NICOLE BEN ' ye wv con RO ON a2 is S: i 80 2023 EXPIRE! rN bt Exhibit C Florida Department of Health Office of the General Counsel « Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 « Tallahassee, FL 32399-3265 EXPRESS MAIL ADDRESS: 2585 Merchants Row - Suite 105 Accredited Health Department PHONE: 245-4640 + FAX 245-4684 fs} Public Health Accreditation Board FloridaHealth.gov Mission: Ron DeSantis to protect, promote & improve the health es Governor of all people in Florida through integrated z Tear ele . state, county & community efforts. iorida Scott Sule Suen Ce mp Vision To be the Healthiest State In the Nation AFFIDAVIT a a, : > _, Deputy Clerk for the Department Clerk's Office, hereby certify in m *) i acl as custodian for the Department Clerk’s records, that the Department Clerk's Office has not received an Election of Rights form or other responsive pleading, which requests a hearing prior to any Department action regarding Julio Suarez, D.H., CASE NO. 2016-17706, which would affect the Respondent's substantial interests or rights. Custodian of ®ecord Department Clerk’s Office STATE OF FLORIDA COUNTY OF LEON Sworn to (or affirmed) and subscribed before me by means of Nf notarization, this Ly day of Ay ye \ , 2020, by f Chsetr. Tracie Signature of Notary Public ; Print, Type or Stamp Commissioned name of Notary Public My Commission Expires: JANDA MORALES A: Commission # GG 232845 a: Expires June 27, 2022 im: nied Thr Troy Fain Insurance: 00905-7019 if Personally Known Sor Produced Identification Type of Identification Produced, Exhibit D i Florida Department of Heaith Office of the General Counsel — Prosecition Services Unit 4052 Bald Cypress Way, Bin C-65 « Tallahassee, FL 32399-3265 EXPRESS MAIL: 2585 Merchants Row, ‘Suite 105 PHONE: 850/245-4640 « FAX: 850/245-4684 FloridaHealth.gov Ba . Accredited Health Department = EIAIs] Public Health Accreditation Board

Docket for Case No: 20-002842PL