96-003563 Board Of Dentistry vs. Jeffrey N. Beck
 Status: Closed
Recommended Order on Wednesday, August 26, 1998.


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Summary: Dentist aided unlicensed person to practice dentistry; was negligent; delegated responsibilities to untrained unlicensed person; operated dental office which failed to meet minimum standards. Suspension, probation, fine, and reprimand recommended.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DEPARTMENT OF HEALTH, )

12BOARD OF DENTISTRY, )

16)

17Petitioner, )

19)

20vs. ) Case Nos. 96-3563

25) 96-3564

27JEFFREY BECK, D.D.S., )

31)

32Respondent. )

34__________________________________)

35RECOMMENDED ORDER

37Pursuant to notice, a formal hearing was held in these

47consolidated cases on February 17, 1998, before Patricia Hart

56Malono, a duly-designated Administrative Law Judge of the

64Division of Administrative Hearings. The hearing was held via

73video teleconference, with the Petitioner and the Respondent

81appearing at Fort Lauderdale, Florida.

86APPEARANCES

87For Petitioner: Thomas E. Wright, Esquire

93Agency for Health Care Administration

98Post Office Box 14229

102Tallahassee, Florida 32317-4229

105For Respondent: Jeffrey N. Beck, D.D.S., pro se

113350 South State Road 7

118Margate, Florida 33068

121STATEMENT OF THE ISSUE

125Whether the Respondent committed the violations alleged in

133the Administrative Complaints dated May 15, 1995, and April 30,

1431996, and, if so, the penalty which should be imposed.

153PRELIMINARY STATEMENT

155In DOAH Case No. 96-3563, the Department of Health 1 filed an

167Administrative Complaint dated May 15, 1995, in which it charged

177that Jeffrey Beck, D.D.S., was incompetent or negligent in the

187practice of dentistry by failing to meet the minimum standards of

198performance in the diagnosis and treatment of patient

206G. J. [J. R.], a violation of Section 466.028(1)(x), Florida

216Statutes, and that Dr. Beck failed to keep proper dental records

227justifying his treatment of patient G. J., a violation of Section

238466.028(1)(m), Florida Statutes. Dr. Beck timely filed a request

247for an administrative hearing, and the Department transmitted the

256case to the Division of Administrative Hearings for assignment of

266an Administrative Law Judge.

270In DOAH Case No. 96-3564, the Department of Health filed an

281Administrative Complaint dated April 30, 1996, in which it

290charged that Jeffrey Beck, D.D.S., aided an unlicensed person in

300the practice of dentistry, a violation of Section 466.028(1)(g),

309Florida Statutes; delegated professional responsibilities to an

316unqualified person, a violation of Section 466.028(1)(z), Florida

324Statutes; operated a dental office in such a manner that dental

335treatment was provided that was below minimum standards of

344acceptable performance in the community, a violation of

352Section 466.028(1)(ff), Florida Statutes; and failed to include

360the required disclaimer in an advertisement for free dental

369services, a violation of Rule 59Q-4.003(5), Florida

376Administrative Code, and Section 466.028(1)(aa), Florida

382Statutes. Dr. Beck timely filed a request for an administrative

392hearing, and the Department transmitted the case to the Division

402of Administrative Hearings for assignment of an Administrative

410Law Judge.

412By order dated August 18, 1997, DOAH Case Nos. 96-3563 and

42396-3564 were consolidated, and, after several continuances, the

431formal hearing was held on February 17, 1998.

439At the hearing, the Department of Health ("Department")

449presented the testimony of Paul Danziger, D.D.S., the

457Department's expert; G. J. J. R., a former patient of Dr. Beck;

469and Robert Yastrimski, an investigator employed by the

477Department. Petitioner's Exhibits 1 through 4, 7, 9, 11, and 13

488were offered and received into evidence. The deposition

496transcript of E. B., a former patient of Dr. Beck, was offered in

509lieu of live testimony in a Motion to Accept Deposition in Lieu

521of Live Testimony. The deposition transcript was received into

530evidence as Petitioner's Exhibit 1, pursuant to Rule 1.330(a),

539Florida Rules of Civil Procedure.

544Dr. Beck testified in his own behalf, and Respondent's

553Exhibits 2, 3, 3a, 7, 9, 12, 15, 17, and 18 were offered and

567received into evidence.

570The transcript of the proceedings was filed with the

579Division of Administrative Hearings, and both parties submitted

587proposed findings of facts and conclusions of law, which have

597been duly considered.

600FINDINGS OF FACT

603Based on the oral and documentary evidence presented at the

613final hearing and on the entire record of this proceeding, the

624following findings of fact are made:

6301. The Department of Health is the state agency responsible

640for regulating the practice of dentistry. Section 20.43, Florida

649Statutes (1997), and Chapters 455 and 466, Florida Statutes. The

659Board of Dentistry is responsible for certifying dentists for

668licensure and for disciplining licensed dentists. Sections

675466.011 and .028(2), Florida Statutes.

6802. Jeffrey Beck, D.D.S., is, and was at all times material

691to this action, licensed to practice dentistry in Florida, having

701been issued license number DN 0005517.

707Patient E. B.

7103. At the times material to this proceeding, Accent Dental

720Services, Inc., was a Florida corporation of which Carlos

729Castaneda owned fifty percent and Dr. Beck owned fifty percent.

739Accent Dental Services consisted of a dental office and a

749laboratory for the construction and repair of dentures. At the

759times material to this proceeding, the business card for Accent

769Dental Services included the address and telephone number of the

779business and bore the following names and designations: Carlos

788A. Castaneda, D.T., and Jeffrey N. Beck, D.D.S.

7964. All of the income of Accent Dental Services was, at the

808times material to this action, generated by the construction and

818repair of dentures.

8215. At the times material to this proceeding, Mr. Castaneda

831was not licensed as a dentist, and Accent Dental Services was not

843registered as a dental laboratory. Mr. Castaneda was trained to

853construct and repair dentures by his brother, who operates a

863dental laboratory.

8656. Accent Dental Services was open for business at least

875five days per week, but Dr. Beck was in the Accent Dental

887Services office only on Wednesdays.

8927. E. B. first visited Accent Dental Services on Saturday,

902April 2, 1994, because she had lost her upper denture and needed

914to replace it as soon as possible. She called Accent Dental

925Services because she saw an advertisement in a PennySaver

934magazine representing that the business specialized in dentures

942and offered rapid service. She spoke with Carlos Castaneda, who

952told her she should come to his office an hour later.

9638. When she arrived at the Accent Dental Services office,

973she was seen by Mr. Castaneda. She filled out a dental and

985medical history form, and Mr. Castaneda took a dental impression

995and told her that the denture would be ready on the following

1007Monday. Mr. Castaneda advised her that the total cost of the

1018denture would be $750, and, at his request, E. B. paid a $100

1031deposit by check payable to Accent Dental Services.

10399. Although Dr. Beck was identified in the PennySaver

1048advertisement as the dentist affiliated with Accent Dental

1056Services, E. B. did not see him during her visit to Accent Dental

1069Services on April 2. Mr. Castaneda identified himself to her as

1080a dental technician and explained that he took impressions and

1090made dentures and that Dr. Beck took care of fitting the

1101dentures. When she asked when she would see Dr. Beck,

1111Mr. Castaneda told her that Dr. Beck was in the office only on

1124Wednesdays and that she would see him the following Wednesday.

113410. When E. B. returned to Accent Dental Services on

1144Monday, April 4, she refused to accept the denture that

1154Mr. Castaneda showed her. He told her to come back on Tuesday.

1166At Mr. Castaneda's insistence, E. B. paid the balance of the $750

1178fee, writing a check dated April 4, 1994, in the amount of $650,

1191payable to Accent Dental Services.

119611. E. B. returned on Tuesday, April 5, and Mr. Castaneda

1207had a new denture prepared. When he tried to insert the denture,

1219it did not fit properly, and he made some adjustments so the

1231denture would fit in her mouth. It needed further adjustments,

1241however, and Mr. Castaneda told her that Dr. Beck would fit the

1253denture for her on Wednesday.

125812. Mr. Castaneda examined E. B. when she went to Accent

1269Dental Services on Wednesday, April 6. She told Mr. Castaneda

1279that she could not wear the dentures, that they were very

1290uncomfortable. Dr. Beck then came into the room, looked into her

1301mouth, and stated that the dentures were a "very tight fit." He

1313then turned and walked out of the room, leaving Mr. Castaneda to

1325fit the denture.

132813. E. B. returned several times to Accent Dental Services

1338asking that the denture be adjusted to a proper fit.

1348Mr. Castaneda made several adjustments, but they did not correct

1358the problems. E. B. did not see Dr. Beck during any of these

1371visits.

137214. E. B. left for New York in late April 1994. She was

1385not able to wear the denture she had purchased from Accent Dental

1397Services because it was so painful; on May 7, 1994, within a week

1410of her arrival in New York, she went to the dentist who had made

1424her original dentures. Dr. Scharoff was not able to adjust the

1435denture Mr. Castaneda made for a proper fit, and E. B. purchased

1447a new upper denture from him for $1650.

145515. E. B. sent a certified letter to Accent Dental

1465Services, listing the problems Dr. Scharoff had found with the

1475denture. She sent the letter registered mail, and Mr. Castaneda

1485signed for it on May 19, 1994.

149216. E. B. did not get any response to her letter. When she

1505returned to Florida in November 1994, she went to the Accent

1516Dental Services office and was met in the waiting room by

1527Mr. Castaneda. She told him she wanted a refund of the monies

1539she had paid for the defective denture. Mr. Castaneda told her

1550to get out, and she did.

1556Patient G. J. J. R.

156117. G. J. J. R. was first seen by Dr. Beck at the Emergency

1575Denture Center in Hollywood, Florida, on July 19, 1993. At that

1586time, Dr. Beck had just recently become associated with the

1596Emergency Dental Center. G. J. J. R. had previously had contact

1607with Herman Castaneda, the dental technician at the Emergency

1616Dental Center, who relined his denture in 1991.

162418. After his July 19 visit, dentures were constructed

1633consisting of an upper partial denture and a lower full denture,

1644which had three attachments built into the denture. The dentures

1654were made at the Emergency Dental Center laboratory by Herman

1664Castaneda and were fitted by Dr. Beck.

167119. Although G. J. J. R. is satisfied with the upper

1682partial denture he obtained from Dr. Beck, Dr. Beck did not

1693adequately fit the denture. The denture was constructed with

1702rests which were designed to fit into rest seats cut into the

1714teeth adjacent to the denture. Dr. Beck did not prepare the rest

1726seats in G. J. J. R.'s teeth, and the upper denture settled into

1739his gums. An examination performed on October 20, 1994, by a

1750dentist retained by the Department revealed that the tissue under

1760the upper partial denture was very red and swollen and covered

1771with petechiae, or red spots, presenting a potential health

1780problem. This irritation can be only partially attributed to the

1790fact that G. J. J. R. never removes the denture. The denture

1802settled into the soft tissue as a result of Dr. Beck's failure to

1815prepare G. J. J. R.'s mouth properly to receive the denture, and

1827much of the swelling, redness, and petechiae under the upper

1837partial denture is attributable to this.

184320. G. J. J. R. had three implants inserted into the bone

1855of the lower anterior segment of his mouth prior to his first

1867examination by Dr. Beck. These implants were inserted by Kevin

1877Payton, D.D.S., and were to be used to attach a lower full

1889denture. The implants each have a buckle which protrudes through

1899the gum, and ERA female attachments, made of metal, sit on top of

1912the buckles. The denture is attached by snapping male

1921attachments, made of plastic and fixed into the denture, into the

1932female attachments.

193421. G. J. J. R.'s lower full denture was not properly

1945fitted by Dr. Beck. The denture was attached to only the most

1957anterior of the female attachments. The two posterior male

1966attachments on the denture did not snap onto the female

1976attachments on the implants because the male attachments were not

1986located at the proper places on the denture. As a result the

1998denture was unstable, rocking back and forth in G. J. J. R.'s

2010mouth with nothing more than manual manipulation. The improper

2019fit caused G. J. J. R. a great deal of pain.

203022. G. J. J. R. went back to Dr. Beck several times

2042complaining about the looseness of the lower denture, which

2051prevented him from chewing. Ultimately, Dr. Beck told him that

2061he could not do anything more for him. G. J. J. R. stopped

2074wearing the lower denture; he did not seek out another dentist or

2086have anything more done to the lower denture.

209423. Dr. Beck's records indicate that a course of treatment

2104was provided for G. J. J. R., although the records contain only

2116sketchy details of the treatment and it is difficult to read

2127Dr. Beck's handwriting. The records do not contain a chart of

2138G. J. J. R.'s teeth, which should have been prepared during the

2150initial examination.

2152Illegal advertisements

215424. In the yellow pages of the Delray Beach, Florida,

2164telephone directory dated September 1994-95 an advertisement

2171appeared for All Emergency Denture Service. The advertisement

2179offered a senior citizen discount and free consultation by

"2188J. N. Beck, D.D.S." No disclaimer relating to the discount or

2199the free consultation were included in the advertisement.

220725. Accent Dental Services, Inc., advertised its services

2215in the yellow pages of the Delray Beach, Florida, telephone

2225directory dated September 1994-95, in which appeared the names of

2235Zita Narvaez, D.D.S., and Jeffrey N. Beck, D.D.S. This

2244advertisement offered a senior citizen discount, but it did not

2254contain a disclaimer relating to the discount.

226126. In the yellow pages of the Boca Raton and Deerfield

2272Beach, Florida, telephone directory dated March 1995-96, an

2280advertisement appeared for Accent Dental Services in which the

2289name of Jeffrey Beck, D.D.S., appeared. The advertisement

2297offered free consultation and senior citizen discounts, but it

2306did not include a disclaimer relating to the free consultation or

2317the discount.

2319Summary

232027. With respect to Dr. Beck's operation of Accent Dental

2330Services, the evidence is uncontroverted that, at the time that

2340E. B. was doing business with Accent Dental Services, Accent

2350Dental Services provided emergency denture repair and one-day

2358service for the construction of new dentures. Dr. Beck was,

2368however, present in the Accent Dental Services office only on

2378Wednesdays, while, at the same time, he expected Mr. Castaneda,

2388an unlicensed person, to keep the office open for business at

2399least five days per week. By limiting his time in the Accent

2411Dental Services office to one day per week, Dr. Beck was not

2423available to supervise Mr. Castaneda in the operation of the

2433dental office and laboratory during the times at issue.

244228. The evidence presented by the Department is sufficient

2451to support the inference that, with respect to patient E. B.,

2462Dr. Beck was aware that Carlos Castaneda took an impression of

2473E. B.'s jaw and constructed a denture for her in the laboratory

2485on the premises of the dental office since he first saw E. B.

2498after the denture had been constructed. The evidence is

2507sufficient to support the inference that Dr. Beck did not furnish

2518a written work order for the construction of E. B.'s denture

2529since he did not see E. B. until after the denture was

2541constructed. The evidence presented by the Department is also

2550sufficient to establish that Dr. Beck delegated to Mr. Castaneda

2560the responsibility for fitting E. B.'s denture, since he observed

2570Mr. Castaneda fitting the denture on April 6, 1994.

257929. The evidence is sufficient to establish that, with

2588respect to his treatment of G. J. J. R., Dr. Beck failed to

2601perform the basic procedure of creating rest seats on his

2611existing teeth, which were necessary to fit the upper partial

2621denture properly. The evidence is also sufficient to establish

2630that Dr. Beck did not properly secure the lower full denture

2641constructed for G. J. J. R. because he failed to perform the

2653simple and common procedure necessary to reposition the posterior

2662male attachments on the denture to ensure that they snapped into

2673the posterior female attachments on G. J. J. R.'s implants. The

2684evidence is not sufficient, however, to establish that Dr. Beck

2694failed to keep adequate records of G. J. J. R.'s treatment and

2706medical history.

270830. Dr. Beck concedes that he did not include in

2718advertisements of his services any disclaimers related to the

2727free consultations and discounts identified in the

2734advertisements.

2735CONCLUSIONS OF LAW

273831. The Division of Administrative Hearings has

2745jurisdiction over the subject matter of this proceeding and of

2755the parties thereto pursuant to Section 120.57(1), Florida

2763Statutes (1997).

276532. In its Administrative Complaints, the Department

2772identifies as possible disciplinary sanctions against Dr. Beck

2780revocation or suspension of his license or the imposition of an

2791administrative fine. Consequently, the Department has the burden

2799of proving the allegations in the Administrative Complaints by

2808clear and convincing evidence. See Department of Banking and

2817Finance, Division of Securities and Investor Protection v.

2825Osborne Stern and Co. , 670 So. 2d 932, 933-34 (Fla. 1996); Ferris

2837v. Turlington , 510 So. 2d 292 (Fla. 1987).

284533. Chapter 466, Florida Statutes, regulates the practice

2853of dentistry, dental hygiene, and dental laboratories.

2860Section 466.028 provides both the grounds for disciplinary action

2869which can be taken pursuant to Chapter 466 and the penalties

2880which can be imposed.

288434. Section 466.028(1) provides in pertinent part:

2891(1) The following acts shall constitute

2897grounds for which the disciplinary actions

2903specified in subsection (2) may be taken:

2910* * *

2913(g) Aiding, assisting, procuring, or

2918advising any unlicensed person to practice

2924dentistry or dental hygiene contrary to this

2931chapter or of the rules of the department or

2940board.

2941* * *

2944(m) Failing to keep written dental records

2951and medical history records justifying the

2957course of treatment of the patient including,

2964but not limited to, patient histories,

2970examination results, test results, and

2975X rays, if taken.

2979* * *

2982(x) Being guilty of incompetence or

2988negligence by failing to meet the minimum

2995standards of performance in diagnosis and

3001treatment when measured against generally

3006prevailing peer performance . . . .

3013* * *

3016(z) Delegating professional

3019responsibilities to a person who is not

3026qualified by training, experience, or

3031licensure to perform them.

3035* * *

3038(aa) The violation or the repeated

3044violation of this chapter, chapter 455, or

3051any rule promulgated pursuant to chapter 355

3058or this chapter . . . .

3065* * *

3068(ff) Operating or causing to be operated a

3076dental office in such a manner as to result

3085in dental treatment that is below the minimum

3093acceptable standards of performance for the

3099community. . . .

310335. Section 466.028(2) provides as follows:

3109When the board finds any applicant or

3116licensee guilty of any of the grounds set

3124forth in subsection (1), it may enter an

3132order imposing one or more of the following

3140penalties:

3141(a) Denial of an application for

3147licensure.

3148(b) Revocation or suspension of a license.

3155(c) Imposition of an administrative fine

3161not to exceed $3,000 for each count or

3170separate offense.

3172(d) Issuance of a reprimand.

3177(e) Placement of the licensee on probation

3184for a period of time and subject to such

3193conditions as the board may specify,

3199including requiring the licensee to attend

3205continuing education courses or demonstrate

3210his competency through a written or practical

3217examination or to work under the supervision

3224of another licensee.

3227(f) Restricting the authorized scope of

3233practice.

323436. The practice of dentistry is defined in Section

3243466.003(3)(a) through (d), Florida Statutes, as specifically

3250including taking impressions of a human jaw; constructing or

3259repairing dentures without a written work order from a licensed

3269dentist; placing a denture in the mouth or adjusting a denture in

3281the mouth; and delivering a denture to any person other than the

3293dentist who issued the work order for the denture.

330237. Section 466.031(1), Florida Statutes, defines a dental

3310laboratory as a "person, firm, or corporation" who, among other

3320things, constructs or repairs dentures "to be worn in the human

3331mouth." Pursuant to Section 466.032(1), a dental laboratory must

3340be registered with the Department. Accent Dental Services was

3349not a registered dental laboratory but, rather, fell under the

3359provisions of Section 466.031(2), which excludes from the

3367definition of "dental laboratory" "any dental laboratory

3374technician who constructs or repairs dental prosthetic appliances

3382in the office of a licensed dentist for such dentist only and

3394under his supervision and work order."

340038. Based on the findings of fact herein, the Department

3410has proven by clear and convincing evidence that Dr. Beck aided

3421or assisted Carlos Castaneda in the practice of dentistry with

3431regard to the services Mr. Castaneda performed for E. B., in

3442violation of Section 466.028(1)(g); that Dr. Beck operated Accent

3451Dental Services in such a manner that the dental treatment

3461provided to E. B. was "below minimum acceptable standards of

3471performance," in violation of Section 466.028(1)(ff); and that

3479Dr. Beck delegated to Mr. Castaneda the responsibility for

3488fitting E. B.'s denture, in violation of Section 466.028(1)(z).

349739. Based on the findings of fact herein, the Department

3507has proven by clear and convincing evidence that Dr. Beck was

3518negligent in the dental services he provided G. J. J. R., in

3530violation of Section 466.028(1)(x). The Department has, however,

3538not met its burden of proving Dr. Beck guilty of failing to keep

3551adequate records of the treatment given to G. J. J. R., and,

3563therefore, has failed to prove a violation of Section

3572466.028(1)(m).

357340. Rule 64B5-4.003(5), Florida Administrative Code,

3579(formerly Rule 59Q-4.003(5)), provides that "[a]ny advertisement

3586for free or discounted services must comply with the requirements

3596of Section 455.24, F.S., and must also clearly identify the dates

3607that free, discounted or reduced fee services will be available."

3617Section 455.24, Florida Statutes (1993), (now Section 455.664,

3625Florida Statutes (1997)), provides as follows:

3631In any advertisement for a free, discounted

3638fee, or reduced fee service, examination, or

3645treatment by a health care provider licensed

3652under chapter 458, chapter 459, chapter 460,

3659chapter 461, chapter 462, chapter 463,

3665chapter 464, chapter 466, or chapter 486, the

3673following statement shall appear in capital

3679letters clearly distinguishable from the rest

3685of the text: THE PATIENT AND ANY OTHER

3693PERSON RESPONSIBLE FOR PAYMENT HAS A RIGHT TO

3701REFUSE TO PAY, CANCEL PAYMENT, OR BE

3708REIMBURSED FOR PAYMENT FOR ANY OTHER SERVICE,

3715EXAMINATION, OR TREATMENT THAT IS PERFORMED

3721AS A RESULT OF AND WITHIN 72 HOURS OF

3730RESPONDING TO THE ADVERTISEMENT FOR THE FREE,

3737DISCOUNTED FEE, OR REDUCED FEE SERVICE,

3743EXAMINATION, OR TREATMENT. However, the

3748required statement shall not be necessary as

3755an accompaniment to an advertisement of a

3762licensed health care provider defined by this

3769section if the advertisement appears in a

3776classified directory the primary purpose of

3782which is to provide products and services at

3790free, reduced, or discounted prices to

3796consumers and in which the statement

3802prominently appears in at least one place.

3809Based on the facts found herein, Dr. Beck has violated

3819Section 466.028(1)(aa), which provides that one ground for

3827discipline is "the violation . . . of this chapter, chapter 455,

3839or any rule promulgated pursuant to chapter 455 or this chapter."

3850The failure to include the disclaimer required by Section 455.24

3860is classified as a minor violation, and the penalty prescribed by

3871Rule 64B5-13.0046(7), Florida Administrative Code, for this

3878violation is the imposition of a $250 fine.

388641. Rule 64B5-13.005, Florida Administrative Code,

3892(formerly Rule 59Q-13.005), provides the disciplinary guidelines

3899which are to be followed by the Board of Dentistry for major

3911violations. Subsection (1) of Rule 64B5-13.005 provides:

3918Unless relevant mitigating factors are

3923demonstrated the Board shall always impose a

3930reprimand and an administrative fine not to

3937exceed $3,000.00 per count or offense when

3945disciplining a licensee for any of the

3952disciplinary grounds listed in subsections

3957(2) or (3) of this rule. The reprimand and

3966administrative fine is in addition to the

3973penalties specified in subsections (2) and

3979(3) for each disciplinary ground.

398442. The violations committed by Dr. Beck are identified in

3994Rule 64B5-13.005(3), and the disciplinary guidelines for each of

4003the violations of Section 466.028(1)(g), (x), and (ff) range from

4013placing the licensee on probation, restricting his or her

4022practice, and/or suspending his or her license. Pursuant both to

4032Section 466.028(3) and to Rule 64B5-13.005(3)(ee), the violation

4040of Section 466.028(1)(z) carries a mandatory six-month

4047suspension.

404843. In determining the penalties recommended herein, the

4056aggravating and mitigating factors identified in Rule 64B5-

406413.005(4) have been considered.

4068RECOMMENDATION

4069Based on the foregoing Findings of Fact and Conclusions of

4079Law, it is RECOMMENDED that the Board of Dentistry enter a final

4091order finding Jeffrey N. Beck, D.D.S., guilty of violating

4100Section 466.028(1)(g), (x), (z), (aa), and (ff); finding Dr. Beck

4110not guilty of violating Section 466.028(1)(m); and imposing the

4119following penalties:

41211. Suspension of Dr. Beck's license to practice dentistry

4130for a period of six (6) months, followed by probation for a

4142period of one (1) year subject to such conditions as the Board

4154may specify;

41562. Imposition of an administrative fine in the amount of

4166$4,250; and

41693. Issuance of a reprimand.

4174DONE AND ENTERED this 26th day of August, 1998, in

4184Tallahassee, Leon County, Florida.

4188___________________________________

4189PATRICIA HART MALONO

4192Administrative Law Judge

4195Division of Administrative Hearings

4199The DeSoto Building

42021230 Apalachee Parkway

4205Tallahassee, Florida 32399-3060

4208(850) 488-9675 SUNCOM 278-9675

4212Fax Filing (850) 921-6847

4216Filed with the Clerk of the

4222Division of Administrative Hearings

4226this 26th day of August 1998.

4232ENDNOTE

42331 The Department of Health was substituted for the Agency for

4244Health Care Administration as the Petitioner in these

4252consolidated cases by order entered August 18, 1997.

4260COPIES FURNISHED:

4262Thomas E. Wright, Esquire

4266Agency for Health Care Administration

4271Post Office Box 14229

4275Tallahassee, Florida 32317-4229

4278Jeffrey N. Beck, D.D.S.

4282350 South State Road 7

4287Margate, Florida 33068

4290William Buckhalt, Executive Director

4294Board of Dentistry

4297Department of Health

4300Northwood Centre

43021940 North Monroe Street

4306Tallahassee, Florida 32399-0792

4309Angela T. Hall, Agency Clerk

4314Department of Health

4317BIN AO2

43192020 Capital Circle Southeast

4323Tallahassee, Florida 32399-1703

4326NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

4332All parties have the right to submit written exceptions within 15

4343days from the date of this R ecommended O rder. Any exceptions to

4356this Recommended Order should be filed with the agency that will

4367issue the F inal O rder in this case.

43761 The Department of Health was substituted for the Agency for

4387Health Care Administration as the Petitioner in this case by

4397order entered August 18, 1997.

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Date
Proceedings
PDF:
Date: 08/26/1998
Proceedings: Recommended Order
PDF:
Date: 08/26/1998
Proceedings: Recommended Order sent out. CASE CLOSED. Hearing held 02/17/98.
Date: 04/07/1998
Proceedings: Petitioner`s Proposed Recommended Order filed.
Date: 04/02/1998
Proceedings: (Respondent) Proposed Conclusions (letter form) filed.
Date: 03/24/1998
Proceedings: Transcript filed.
Date: 02/17/1998
Proceedings: CASE STATUS: Hearing Held.
Date: 02/16/1998
Proceedings: (Petitioner) Exhibit filed.
Date: 02/12/1998
Proceedings: (Petitioner) Motion to Accept Deposition in Lieu of Live Testimony filed.
Date: 11/03/1997
Proceedings: (From T. Wright) Notice of Substitute Counsel filed.
Date: 10/23/1997
Proceedings: Order Rescheduling Hearing sent out. (hearing set for 2/17/98; 9:00am; Ft. Lauderdale)
Date: 10/03/1997
Proceedings: (Petitioner) Status Report filed.
Date: 10/03/1997
Proceedings: (Respondent) Documentation requested by Order filed.
Date: 09/16/1997
Proceedings: (From C. McCarthy) Notice of Substitute Counsel filed.
Date: 09/15/1997
Proceedings: Order Granting Continuance and Cancelling Hearing sent out. (parties to file status report by 10/3/97)
Date: 09/11/1997
Proceedings: (Petitioner) Motion to Continue filed.
Date: 09/10/1997
Proceedings: Letter to PHM from J. Beck Re: Change the location of the scheduled hearing (filed via facsimile).
Date: 09/10/1997
Proceedings: Deposition of Eleanore Brothman filed.
Date: 09/09/1997
Proceedings: Petitioner`s Notice of Filing Exhibits and Provision of Witness List; Exhibits filed.
Date: 09/09/1997
Proceedings: (Petitioner) Notice of Intent to Participate in Tallahassee (filed via facsimile).
Date: 08/18/1997
Proceedings: Order Consolidating Cases and Substituting Party sent out. (Consolidated cases are: 96-003563 & 96-003564; Dept of Health Substituted for AHCA) . CONSOLIDATED CASE NO - CN002754
Date: 08/07/1997
Proceedings: (Petitioner) Notice of Taking Deposition in Lieu of Live Testimony filed.
Date: 08/06/1997
Proceedings: (Petitioner) Motion for Substitution of Party; Order of Substitution of Party filed.
Date: 07/28/1997
Proceedings: (Petitioner) Motion to Consolidate (Cases requested to be consolidated: 96-3563, 96-3564) filed.
Date: 07/28/1997
Proceedings: (From W. Hansen) Notice of Substitute Counsel filed.
Date: 07/24/1997
Proceedings: Notice of Hearing by Video sent out. (Video Final Hearing set for 9/18/97; 1:00pm; Ft. Lauderdale & Tallahassee)
Date: 07/24/1997
Proceedings: Order of Prehearing Instructions sent out.
Date: 07/24/1997
Proceedings: Order Vacating Abeyance sent out. (video hearing set for 9/18/97)
Date: 07/07/1997
Proceedings: (Petitioner) Status Report filed.
Date: 06/04/1997
Proceedings: Order Accepting Qualified Representative sent out. (for Ethan Andrew Way)
Date: 06/04/1997
Proceedings: Petitioner`s Motion to Accept Qualified Representative filed.
Date: 05/08/1997
Proceedings: Order Holding Case in Abeyance sent out. (parties to file status report by 7/9/97)
Date: 04/29/1997
Proceedings: (Petitioner) Status Report filed.
Date: 02/28/1997
Proceedings: Status Report (Petitioner) filed.
Date: 12/10/1996
Proceedings: Order Holding Case in Abeyance sent out. (Parties to file status report by 2/28/97)
Date: 11/15/1996
Proceedings: (Petitioner) Motion to Continue Abeyance (filed via facsimile).
Date: 10/29/1996
Proceedings: Order Holding Case in Abeyance sent out. (Parties to file status report by 11/22/96)
Date: 10/18/1996
Proceedings: (Petitioner) Motion to Hold In Abeyance filed.
Date: 09/06/1996
Proceedings: (Petitioner) Notice of Serving Petitioner`s First Set of Interrogatories, Request for Admissions and Request for Production filed.
Date: 08/14/1996
Proceedings: Joint Response to Initial Order filed.
Date: 08/08/1996
Proceedings: Initial Order issued.
Date: 07/30/1996
Proceedings: Agency referral letter; Administrative Complaint; Election of Rights filed.

Case Information

Judge:
PATRICIA M. HART
Date Filed:
07/30/1996
Date Assignment:
08/08/1996
Last Docket Entry:
08/26/1998
Location:
Fort Lauderdale, Florida
District:
Southern
Agency:
Department of Health
 

Related DOAH Cases(s) (2):

Related Florida Statute(s) (8):

Related Florida Rule(s) (3):