STATE OF FLORIDA BOARD OF DENTISTRY RESPON DENT. ADMINISTRATIVE COMPLAINT. Petitioner, Department of Health, by and through its undersigned

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1 DEPARTMENT OF HEALTH, STATE OF FLORIDA BOARD OF DENTISTRY PETITIONER, v. CASE NO: MAHER NASHED FARAG, D.D.S., RESPON DENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Dentistry against Respondent, Maher Nashed Farag, 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 DN8507 on August 26, Respondent's address on record with the Department is 2945 Lakeland Hills Boulevard, Lakeland, FL

2 4. From in or about January 2016 through in or about October 2016 (the treatment period), Patient S.S. treated with Respondent. 5. On or about March 7, 2016, Patient S.S. presented to Respondent with a loose crown and post around tooth #6. 6. On or about March 17, 2016, Respondent extracted the root tip of tooth #6 and placed two tinting screws and a non-resorbable membrane in conjunction with a bone graft using a mesh containment structure for future implant placement. 7. The minimum standard of performance in diagnosis and treatment in the practice of dentistry requires a dentist performing a bone graft to provide sufficient bone graft material to support a future implant. 8. Respondent failed to provide sufficient facial bone graft material to support future placement of an implant for tooth #6. 9. On or about April 4, 2017, Patient S.S. presented to Respondent complaining of pain. 10. Respondent noted an exposed membrane in the area of tooth #6 and removed the membrane. 11. On or about April 25, 2016, Patient S.S. presented to Respondent with fractures of tooth #22 and tooth #27. 2

3 12. On or about May 10, 2016, Respondent placed implants in the areas of tooth #22 and tooth #27, along with meshes and bone grafts. 13. The minimum standard of performance in diagnosis and treatment in the practice of dentistry requires a dentist placing an implant to ensure a sufficient mass of viable bone tissue exists over the length of the implant. 14. A postoperative CBCT scan taken on August 9, 2016, reveals that Respondent failed to place the implants in the areas of tooth #22 and tooth #27 in such a way to ensure sufficient coverage of bone tissue around the length of the implants. 15. On or about June 7, 2016, Respondent placed an implant in the area of tooth #6 in the grafted site using a surgical guide, placed another bone graft with mesh, and tacked down the membrane. 16. The minimum standard of performance in diagnosis and treatment in the practice of dentistry requires a dentist placing an implant to ensure a sufficient mass of viable bone tissue exists over the length of the implant. 17. A postoperative CBCT scan taken on August 9, 2016, reveals that Respondent failed to place the implant in the area of tooth #6 in such a way to ensure that sufficient bone tissue covered the implant. 3

4 18. On or about June 20, 2016, Patient S.S. presented to Respondent with failing bone grafts and exposed dental implants for tooth #22 and tooth # Respondent removed the mesh and tacks and attempted to perform new bone grafts around tooth #22 and tooth # On or about June 30, 2016, Patient S.S. presented to Respondent with pain pursuant to a premature loss of membrane and bone graft exposure around tooth # Respondent referred Patient S.S. to an oral surgeon for treatment. 22. Patient S.S. eventually had implants in the areas of teeth #6 and #27 removed by an oral surgeon. 23. Section (1)(x), Florida Statutes (2015), states that "[b]eing guilty of incompetence or negligence by failing to meet the 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. 24. Respondent violated Section (1)(x), Florida Statutes (2015), in one or more of the following ways: 4

5 a. by failing to provide sufficient bone graft material to support a future implant in the area of tooth #6 when performing a bone graft on Patient S.S. on March 17, 2016; b. by failing to place the implant in the area of tooth #22 in order to ensure sufficient coverage of bone tissue around the length of the implant; c. by failing to place the implant in the area of tooth #27 in order to ensure sufficient coverage of bone tissue around the length of the implant; or d. by failing to place the implant in the area of tooth #6 in order to ensure sufficient coverage of bone tissue around the length of the implant. 25. Based on the foregoing, Respondent has violated Section (1)(x), Florida Statutes (2015). 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. 5

6 SIGNED this P-A clay of dviutarl Celeste Philip, MD, MPH Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK 81V DATE: I Peter Delia, Esq. Assistant General Counsel Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL Phone: (850) Fax: (850) Florida Bar # Peter.Delia@flhealth.gov PCP: January 12, 2018 PCP Members: Dr. Gesek, Dr. Robinson, and Dr. Miro

7 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. 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. 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. 7