STATE OF FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2018-28142 SANDY MIRANDA BRITO, D.M.D., RESPONDENT. | ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, files this Administrative Complaint before the Board of Dentistry against Respondent, Sandy Miranda Brito, D.M.D., and in support thereof 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 first been issued license number DN 19409 on or about June 24, 2011. 3. Respondent's address on record with the Department is 427 4" Road, Key Largo, Florida 33037. 4. On or about September 20, 2018, Patient J.B. presented to Respondent for root canal treatment on Patient J.B.’s tooth 19. 5. On or about September 27, 2018, Patient J.B. presented to Respondent for completion of the root canal treatment of tooth 19. 6. A post-operative radiograph of Patient J.B.’s tooth 19 showed a separated instrument in one of the mesial canals extending past the radiographic apex of the tooth and into the superior aspect of the inferior alveolar nerve canal space or adjacent thereto. 7. On September 27, 2018, Respondent seated a crown on Patient J.B.’s tooth. 8. The minimum standards of performance in diagnosis and treatment in the practice of dentistry requires a dentist to re-treat or refer a patient for further evaluation or treatment when a separated instrument extends beyond the apex of a tooth and into the alveolar nerve canal space or adjacent thereto. 9. | Respondent failed to re-treat or refer Patient J.B. following the separation of the instrument extending beyond the apex tooth 19 and into the alveolar nerve canal space or adjacent thereto. 10. Section 466.028(1)(x), Florida Statutes (2018), states that “[b]eing guilty of incompetence or negligence by failing to meet the DOH v. Sany Miranda Brito, D.M.D. Case # 2018-28142 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. 11. Respondent departed from the minimum standards of performance in diagnosis and treatment by failing to re-treat tooth 19 or refer Patient J.B. for further treatment following separation of the instrument extending beyond the apex of tooth 19 and into the alveolar nerve canal space or adjacent thereto. 12. Based on the foregoing, Respondent has violated section 466.028(1)(x). 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 license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [SIGNATURE PAGE TO FOLLOW] DOH v. Sany Miranda Brito, D.M.D. Case # 2018-28142 SIGNED this 6" day of May, 2020. Scott A. Rivkees, M.D., State Surgeon General Now LoGendhe Contos veoh HE Ellen LeGendre Carlos, Esq. F HEA i DEPUTY GrERE LTH Assistant General Counsel Department of Health CLERK: (were Morus Prosecution Services Unit DATE: MAY 0 6 2020 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850) 245-4640 ext. 9906 FAX (850) 245-4684 Florida Bar # 1010931 Ellen.Carlos@flhealth.gov PCP: May 5, 2020 ; PCP Members: C. Miro, J. Morgan, R. Perdomo DOH v. Sany Miranda Brito, D.M.D, Case # 2018-28142 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. Sany Miranda Brito, D.M.D. Case # 2018-28142

Docket for Case No: 20-003457PL