DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO. 2016-21584 JUSTIN A. MARTONE, D.M.D., 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, Justin A. Martone, 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 Administrative Complaint, Respondent was a licensed dentist within the state of Florida, having been issued license number DN18184.
3. Respondent's address of record is 514 North State Road 7, Suite B, Royal Palm Beach, Florida 33411. 4. An additional address for Respondent is 33 Southeast 8th Street, Apartment 405, Boca Raton, Florida 33432. 5. Another additional address for Respondent is 6910 Town Harbour Boulevard, Apartment 2719, Boca Raton, Florida 33433. 6. At all times material to this Administrative Complaint, Respondent was the owner and a dentist at Apple Tree Dental, located at 514 North State Road 7, Suite B, Royal Palm Beach, Florida 33411. 7. Patient D.O. is a former patient of Respondent's who was treated by Respondent from March 2012 through July 2016. 8. Patient D.O. had an appointment set for August 23, 2016, for dental care from Respondent. 9. Patient D.O. presented for her appointment but Apple Tree Dental was closed and Respondent was not present. 10. Respondent reported that he had mailed a notice to all active patients concerning the dental practice closure. 11. Patient D.O. did not receive any notice that Respondent closed his practice. Department of Health v. Justin A. Martone, D.M.D, 2
12. In or around June 2016, Respondent's dental practice closed indefinitely. 13. On or about September 7, 2016, Patient D.O. requested her Patient records by certified mail to the Respondent's place of practice and address of record with the Department of Health. 14. The certified receipt and mailed letter was returned to Patient D.O. as "Not Deliverable as addressed, unable to forward." 15. Respondent failed to provide Patient D.O. her patient records. 16. Respondent failed to follow the procedures outlined in Rule 64B5-17.001, Florida Administrative Code, for notifying patients of the termination of his dental practice where patients could obtain copies of records. 17. To date, Respondent has failed to provide written notification to the Department of his current mailing address. COUNT I: Failure to Provide Records 18. Petitioner re-alleges and incorporates paragraphs one through fifteen, as if fully set forth herein. 19. Section 466.028(1)(n), Florida Statutes (2016), states that failing to make available to a patient, or to her or his legal representative Department of Health v. Justin A. Martone, D.M.D. 3
or to the department if authorized in writing by the patient, copies of documents in the possession or under control of the licensee which relate to the patient, subjects an dentist to discipline. 20. As set forth above, Respondent failed to provide medical records upon request to patient D.O. 21. Based on the foregoing, Respondent violated Section 466.028(1)(n), Florida Statutes (2016), by failing to make available to a patient, or to her or his legal representative or to the department if authorized in writing by the patient, copies of documents in the possession or under control of the licensee which relate to the patient. COUNT II: Failure to Notify of Address Change 22. Petitioner re-alleges and incorporates paragraphs one through six, twelve, and seventeen as if fully set forth herein. 23. Section 466.028(1)(mm), Florida Statutes (2016), subjects an dentist to discipline by the Board of Dentistry, for violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto. 24. Rule 6485-171 The Florida Administrative Code (2016), sets out the dental practice and principles by which licensees are to abide. 25. Rule 64B5-17.0011, Florida Administrative Code (2016), Department of Health V. 3ustin A. Martone, D.M.D. 4
provides that all licensees are required to notify the Board in writing within 10 days of any change in their address. 26. As set forth above, Respondent failed to provide written notification to the department of the licensee's current mailing address. 27. Based on the foregoing, Respondent violated Section 466.028(1)(mm), Florida Statutes (2016), by violating Rule 6465-17.0011, Florida Administrative Code (2016), by failing to provide written notification to the department of the Respondent's current mailing address. COUNT III: Notice of Termination 28. Petitioner re-alleges and incorporates paragraphs one through seventeen, as if fully set forth herein. 29. Section 466.028(1)(mm), Florida Statutes (2016), subjects an dentist to discipline by the Board of Dentistry for violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto. 30. Rule 6465-17, Florida Administrative Code (2016), sets out the dental practice and principles by which licensees are to abide. 31. Rule 6465-17001(3), Florida Administrative Code (2016), provides that within one month of a dentist's termination of practice, a notice shall be published in the newspaper of greatest general circulation in Department of Health v. Justin A. Martone, D.M.D. 5
the county where the dentist practiced which advises patients of the dentist's termination of practice. The notice shall advise patients that they may obtain copies of their dental records and specify the name, address and telephone number of the person from whom the copies of records may be obtained. The notice shall appear at least once a week for 4 consecutive weeks. 32. As set forth above, Respondent violated Section 466.028(1)(mm), Florida Statutes, through a violation of Rule 64B5-17.001, Florida Administrative Code, by failing to adhere to the notification requirements when he terminated his dental practice. [Signatures follow on next page] Department of Health v. Justin A. Martone, D.M.D.
WHEREFORE, the Petitioner respectfully requests that the Board of Dentistry enter an order imposing one or more of the following penalties: 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. SIGNED this 1,5 day of :11), 2017. Celeste Philip, MD, MPH Surgeon General and Secretary of Health FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Amber Greene DATE JUL 1 4 2017 R sc4arrison is:ssistant General Counsel Ha. Bar No. 105920 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 245-4640 ex. 8127 Facsimile: (850) 245-4681 Email: rose.garrison@flhealth.gov PCP: July 7, 2017 PCP Members: Dr. Thomas, Dr. Robinson, Dr. Miro Prepared: May 22, 2017 Department of Health v. Justin A. Martone, D.M.D. 7
NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120369 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. 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. Department of Health v. Justin A. Martone, D.M.D. 8