STATE OF FLORIDA THE FLORIDA BOARD OF DENTISTRY

Transcription

1 Final Order No. DOH By: FILED DATE 0 4 a0 Department of Healtf STATE OF FLORIDA THE FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, PETITIONER, VS. SCOTT P. WELCH, D.D.S., RESPONDENT. CASE NO.: LICENSE NO.: DN FINAL ORDER COUNTER SETTLEMENT AGREEMENT This matter appeared before the Board of Dentistry (hereinafter Board) at a duly-noticed public meeting on November 17, 2017, in Kissimmee, Florida, pursuant to Sections and (4), Florida Statutes, for consideration of a Settlement Agreement. Upon consideration of the Settlement Agreement, the documents submitted in support thereof, the arguments of the parties and otherwise being advised in the premises, the board rejected the settlement agreement and offered a counter-settlement agreement that includes all terms of the original settlement agreement with the following modifications: The Respondent's license shall not be issued a Letter of Concern as proposed by the attached written settlement agreement. The Respondent accepted the counter-settlement agreement in writing.

2 WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that the counter-settlement agreement be and is hereby approved, and adopted. Accordingly, the parties shall adhere to and abide by all terms and conditions of the counter settlement agreement. THIS ORDER SHALL TAKE EFFECT UPON BEING FILED WITH THE CLERK OF THE DEPARTMENT OF HEALTH. DONE AND ORDERED this day of ecetilkee: BOARD OF D NTI TRY,Lk idicc)ck Jennifer II V pnhold, MSW, Executive Director on beha Catherine Cabanzon, RDH Chair of the Board of Dentistry

3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by US Mail to Scott P. Welch, D.D.S., 84 Park Avenue, Lovell, Wyoming 82431;and via Electronic Mail to John Wilson, Assistant General Counsel, john.wilson@flhealth.gov; and to David D. Flynn, Assistant Attorney General, david.flynn@myfloridalegal.com this day of If), AyE DEPUTY A cy CLERK

4 172 08/07/2017 MON FAX 12003/017 DEPARTMENT OF HEALTH, STATE OF FLORIDA BOARD OF DENTISTRY PETITIONER, v. CASE NO: SCOTT WELCH, D.D.S., RESPON DENT. SETTLEMENT AGREEMENT Pursuant to Section (4), Florida Statutes, the above named parties hereby offer this Settlement Agreement (Agreement) to the Board of Dentistry (Board)1 as disposition of the Administrative Complaint, in lieu of any other administrative proceedings. The terms herein become effective only if and when a Final Order accepting this Agreement is issued by the Board and filed with the Agency Clerk of the Department of Health. In considering this Agreement, the Board may review all investigative materials regarding this case. If this Agreement is not accepted by the Board, the Agreement and its presentation to the Board shall not be used against either party. For purposes of this Settlement Agreement, where terms of the Agreement require the Board to undertake action or grant approval, the Board can appoint a representative or designee to act in its stead. In light of this, references to the "Board" can also refer to the Board's designee, Page 1 Respondent initial

5 173 08/07/2017 MON 10:23 FAX 0004/017 STIPULATED FACTS 1. For all times pertinent herein, Respondent was a licensed dentist in the State of Florida, having been issued license DN on May 1, Respondent's address on record with the Department is 84 Park Avenue, Lovell, Wyoming Respondent was charged by an Administrative Complaint with violating Chapter 466, Florida Statutes. The Administrative Complaint was filed by the Department of Health (Department) and properly served upon Respondent. 4. Respondent neither admits nor denies the factual allegations in the Administrative Complaint and is entering into this Settlement Agreement for the purpose of settlement in these administrative proceedings only. 5. The parties agree that the Settlement Agreement is a fair, appropriate, and reasonable resolution to this pending matter. STIPULATfD LAW 1. Respondent admits that Respondent is subject to the provisions of Chapters 456 and 466, Florida Statutes, and the jurisdiction of the Department of Health and the Board. Page 2 Respondent Initial

6 Respondent admits that the stipulated facts, if proven true, constitute violations of Florida laws as alleged in the Administrative Complaint. PROPOSED DISPOSITION 1. APPEARANCE: Respondent is a resident of Wyoming. Respondent is not required to be present to answer questions from the Board when this Settlement Agreement is presented by the Department to the Board. 2. DISCIPLINE: The Board shall issue a letter of concern on the license of Respondent. 3. COMPLIANCE: Respondent shall comply with all conditions of the Settlement Agreement, Stipulation, and Order for Suspension (Wyoming Order) the Wyoming Board of Dental Examiners entered into with Respondent on or about May 26, Any violation of the Wyoming Order's conditions shall be construed to be a violation of the Final Order issued in this matter. 4. COSTS: Pursuant to Section (4), Florida Statutes, Respondent shall pay the costs of investigating this matter amounting to one hundred and three dollars and eighty four cents ($103.84). Respondent shall pay these costs by either cashier check or money order Page 3 Respondent Initial

7 175 08/07/2017 MON FAA U006/017 made payable to the Board of Dentistry within six months of the filing of the Final Order issued in this matter. Respondent shall send payment(s) to: Florida Department of Health, Division of IVA/Client Services, P.O. Box 6320, Tallahassee, FL SERVICE AS A QUALIFIED MONITOR: Respondent understands that Respondent shall not him/herself serve as a "qualified monitor" until Respondent has complied with all of the obligations imposed by the Final Order adopting and incorporating this Agreement. Furthermore, if Respondent is serving as a "qualified monitor," at the time the Final Order in this case is filed, Respondent shall provide written notice of the Final Order and terminate all monitory relationships within one (1) day of the filing of the Final Order. 6. VIOLATION OF TERMS: It is expressly understood that violating any of the terms of this Agreement shall be considered a violation of a Final Order of the Board, for which disciplinary action may be initiated pursuant to Chapters 456 and 466, Florida Statutes. 7. SETTLEMENT AJ(EEMENT SUBJECT TO BOARD APPROVAL: It is expressly understood that this Agreement is subject to Page 4 Respondent Initial

8 176 08/07/2017 MON 10:24 FAX a007/017 approval by the Board and has no force or effect until the Board adopts, incorporates or bases an Order, properly filed, upon it. 8. BOARD REVIEW NONPREJUDICIAL TO FURTHER PROCEEDINGS: Respondent executes this Agreement for the purpose of avoiding further administrative action with respect to this particular case. In this regard, Respondent authorizes the Board to review and examine all investigative file materials concerning Respondent prior to or in conjunction with consideration of this Agreement. Respondent agrees' to support this Agreement at the time it is presented to the Board and shall offer no evidence, testimony, or argument that disputes or contravenes any stipulated fact or conclusion of law. Furthermore, should the Board not accept this Agreement, the parties agree that the presentation and consideration of this Agreement and other documents and matters by the Board shall not unfairly or illegally prejudice the Board or any of its members from further participation, consideration or resolution of these proceedings. 9. ADDITIONAL PROCEEDINGS: Respondent and the Department of Health fully understand that this Agreement and subsequent Final Order incorporating same, will in no way preclude Page 5 Respondent Initial

9 177 08/07/2017 HON 10:24 FAX 0008/017 additional proceedings by the Board and/or Department of Health against the Respondent for acts or omissions not specifically set forth in the Administrative Complaint, attached hereto as Exhibit "A," filed in this cause. 10. WAIVER OF ATTORNEY FEES: Respondent waives the right to seek attorney fees and/or costs from the Department of Health in connection with this disciplinary proceeding. 11. WAIVER OF JUDICIAL REVIEW AND CHALLENGE: Upon the Board's adoption of this Agreement, Respondent expressly waives all further procedural steps, and expressly waives all rights to seek judicial review of or to otherwise challenge or contest the validity of this Agreement and the Final Order of the Board incorporating said Agreement.. WHEREFORE, the parties hereby request the Board to enter a Final Order accepting and implementing the terms contained herein. SIGNED this day of, \Wi ry-1 STATE OF ' COUNTY OF V--; ttcr\ SCOTT WELCH, D.D.S. Case No Page 6 Respondent Initial

10 178 08/07/2017 MON 10:25 FAX El099/017 Before me personally appeared, 5TT whose identity is known to me by oki. personal knowledge or by presentation of Arbsit24,) as identification (type of identification), and who acknowledges that their signature appears above. Sworn to or affirmed before me this 1-- day of, 201, YtAttsroK 1,04..L1) 2)9 My Commission txpires Wyoming Notary Public, County or Big Horn My Commission Expires March 20, 2019 Page 7 Respondent Initial

11 179 08/07/2017 ION 10:25 FAX a1010/017 APPROVED this / day of, 2011 Celeste Philip, MD, MPH Surgeon General and Secretary Octavio Simoes-Ponce, Esq. Assistant General Counsel Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL (850) (850) FAX Florida Bar # Octavio.Simoes-Ponce flhealth.gov Page 8 Respondent Initial

12 195 DEPARTMENT OF HEALTH, STATE OF FLORIDA BOARD OF DENTISTRY PETITIONER, v. CASE NO: SCOTT WELCH, D.D.S., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Dentistry against Respondent, Scott Welch, 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 first been issued license number DN on May 1, Respondent's address on record with the Department is 84 Park Avenue, Lovell, Wyoming

13 On or about May 26, 2016, the Wyoming Board of Dental Examiners ("Wyoming Board"). accepted a Settlement Agreement, Stipulation, and Order for Suspension ("Order") Respondent entered into with the Wyoming Board's Disciplinary Committee. 5. Per the terms of the Order, the Wyoming Board, in relevant part, suspended Respondent's Wyoming license to practice dentistry for a term of 60 months with the possibility of being stayed after three months if Respondent submitted a monitoring contract that complied with the Order. 6. Section (1)(b), Florida Statutes (2015), provides that "[Moving a license to practice dentistry or dental hygiene revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country" shall constitute ground for disciplinary action by the Board of Dentistry. 7. Respondent had a license to practice dentistry suspended or otherwise acted against' by the Wyoming Board's Order. 8. Based on the foregoing, Respondent has violated Section (1)(b), Florida Statutes (2015), by having a license to practice dentistry or dental hygiene suspended or otherwise acted against by the Wyoming Board. 1 Respondent's Wyoming suspension was lifted and stayed on or about August 12, 2016, after Respondent submitted a satisfactory monitoring agreement. Regardless, Respondent's license was still initially suspended or otherwise acted against. DOH v. Scott Welch, D.D.S. Case #

14 197 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 1 day of Celeste Philip, MD, MPH Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERKWPOluit-t4, DATE: Ail Octavio Simoes-Ponce, Esq. Assistant General Counsel Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL (850) ext FAX (850) Florida Bar # Octavio.Simoes-Ponce@flhealth.gov PCP: July 7, 2017 PCP Members: Joe Thomas, D.D.S., Chairperson, Claudio Miro, D.D.S., Panel Member, and William Robinson, D.D.S., Panel Member. DOH v. Scott Welch, D.D.S. Case #

15 198 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , 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 (2), Florida Administrative Code. Please send your request to: Department of Health Prosecution Services Unit Attention: Octavio Simoes-Ponce, Esq Bald Cypress Way, Bin #C65 Tallahassee, Florida 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 (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 (5), Florida Administrative Code. Please be advised that mediation under Section , Florida Statutes, is not available for administrative disputes involving this agency action. DOH v. Scott Welch, D.D.S. Case #

16 199 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 (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. Scott Welch, D.D.S. Case #