Michael Addair Tarver, DDS Consent Agreement 11-20-2013

8/11/2019 Michael Addair Tarver, DDS Consent Agreement 11-20-2013

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DEPARTMENT OF HEALTH,

Petitioner,

VS

ase Nos.:

013-12498

2013-09493

License No.: DN 18670

MICHAEL A. TARVER, DMD

Respondent.

Final Order No. DOH 13 2214 S N1QA

1

0

13

ILED DATE -

Department of Health

gi

By:

Deputy Age

STATE OF FLORIDA BOARD OF DENTISTRY

lerk

FINAL ORDER

COUNTER SETTLEMENT AGREEMENT

This matter appeared before the Board of Dentistry at a duly-noticed public meeting on

November 15, 2013, in Gainesville, Florida, pursuant to Sections 120.569 and 120.57(4), Florida

Statutes for consideration of a Settlement Agreement (attached hereto as Exhibit A ). Petitioner

was represented by Adrienne Rodgers, Assistant General Counsel. Respondent was present and

was represented by Edwin Bayo, Esquire. Upon consideration of the Settlement Agreement, the

documents submitted in support thereof, the arguments of the parties and otherwise being

advised, the Board rejected the settlement agreement and offered a counter settlement agreement

that incorporates the terms of the original settlement agreement with the following amendments:

1)

The Fine imposed shall be $7,500.00;

2)

The Preparation of a Publishable Article is hereby stricken;

3)

The Respondent shall also successfully complete a Level I (3 hour) continuing

education course in Dental Risk Management. The course shall be taken at or

through an accredited college of dentistry or through a board approved continuing

education course provider. The course shall be completed within 12 months of the

entry of this Final Order.

The counter settlement agreement was accepted by the Respondent on the record at the


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board meeting.

WHEREFORE, it is hereby ORDERED AND ADJUDGED

that the Counter

Settlement Agreement be and is hereby approved and adopted in toto and incorporated by

reference herein. Accordingly, the parties shall adhere to and abide by all the terms and

conditions of the Agreement. Costs are assessed in the amount of

17,505.90.

This Final Order

shall take effect upon being filed with the Clerk of the Department of Health.

DONE AND ORDERED

this '1f day of N O V E M E R

, 2013.

BOARD OF DENTISTRY

Sue Foster

Executive Director on beh lf of

Daniel Gesek, DMD, CHAIR

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by

electronic mail to Michael A. Tarver, DMD do Edwin Bay6 Esquire,

e.bavogIblawfirm.com;David D. Flynn,

Assistant Attorney General,

david.fivnivn

mvfloridalegal.com ; and Adrienne Rodgers, AssistaRt General Counsel,

Department of Health, Adrienne Rodgers(ddoh.state.flus thisOOThday of November,

2013.

vt ce _ y i L -

D e p u t y g e n c y C l e r k


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STATE OF FLORIDA

BOARD OF DENTISTRY

DEPARTMENT OF HEALTH

Petitioner

v.

ASE NOS. 2013-09493

2013 12498

MICHAEL ADDAIR TARVER D.M.D.

Respondent.

SETTLEMENT AGREEM ENT

Pursuant to Section 120.57(4), Florida Statutes, the above named

parties hereby offer this Settlement Agreement (hereinafter Settlement

Agreement or Agreement ) to the Board of Dentistry (hereinafter

Board )

as disposition of above-identified case, 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

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


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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.

STIPULATED FACTS

1

For all times pertinent herein, Respondent was a licensed

dentist in the State of Florida, having been issued license number DN

18670 on or about June 2, 2009.

2.

Respondent's address of record is 1371 SW 43r

d

Place, Ocala,

FL 34471

3.

Respondent was charged by an Administrative Complaint with

violating Chapter 466, Section 466.028(1)(1), Florida Statutes (2011-2012),

Section 466.028(1)(m), Florida Statutes (2011-2012)

1

and Section

466.028(1)(mm), Florida Statutes (2011-2012) by violating Section

456.072(1)(r), Florida Statutes (2011-2012). The Administrative Complaint

was filed by the Department of Health (hereinafter Department ) and

properly served upon Respondent Petitioner agrees to dismiss the count

alleging violation of Section 466.028(1)(mm), Florida Statutes (2011-

2012), by violating Section 456.072(1)(r), Florida Statutes (2011-2012).

5 Respondent denied the allegations contained in the

Administrative Complaint and requested a hearing involving disputed

issues of material fact.

Page 2 Respondent Initial

m - T


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6.

After a review of the allegations, the process of discovery, and

in negotiation of a settlement, the parties have agreed that settlement is a

reasonable resolution to the complaint.

7.

Respondent neither admits nor denies the factual allegations in

the Administrative Complaint (the Complaint ) and is entering into this

Settlement Agreement for the purpose of settlement in these

administrative proceedings only.

STIPUL TED L W

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 B oard.

2.

Respondent admits that the stipulated facts, if proven true,

may constitute violations of Florida laws as alleged in the Complaint.

3.

Respondent admits that the Settlement Agreement is a fair,

appropriate, and reasonable resolution to this pending matter.

PROPOSED DISPOSITION

1.

APPEARANCE

Respondent shall be present when this

Settlement Agreement is presented by the Department to the Board, and

under oath, Respondent shall answer questions posed by the Board

concerning this case and the disposition thereof.

P age 3 Respondent Initialif A


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2.

DISCIPLINE:

The Board shall reprimand the license of

Respondent

3. FINE: The Board shall impose an administrative fine of Fifteen

Thousand Dollars ( 15,000.00) against the license of Respondent.

Respondent acknowledges that the timely payment of the fine is

Respondent's legal obligation and responsibility. Respondent shall pay the

fine by either cashiers check or money order made payable to the Board of

Dentistry within thirty (30) days of the filing of the Final Order issued in

this matter. Respondent shall send payment(s) to:

Florida Department

of Health Division of MQA/Client Services P.O. Box 6320

Tallahassee FL 32314-6320.

4.

COSTS

Pursuant to Section 456.072(4), Florida Statutes,

Respondent shall pay all actual costs associated with the investigation and

prosecution of this matter through the date of entry of the final order.

Respondent shall pay all costs by either cashiers check or money order

made payable to the Board of Dentistry within thirty {30) days of the filing

of the Final Order issued in this matter. Respondent shall send payment(s)

to:

Florida Department of Health Division of MQA/Client Services

P.O. Box 6320 Tallahassee FL 32314-6320.

Page 4 Respondent Initia


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5.

CONTINUING EDUCATION

Within twelve (12) months of

the filing of the Final Order adopting and incorporating this Agreement,

Respondent shall successfully complete continuing education at or

through an accredited university, in the following subjects, unless

another subject area is designated by the Board:

A.

An ethics course geared toward developing a comprehensive

understanding of the legal and ethical obligations and

responsibilities of dental professionals in the State of Florida, 3

hours.

B.

Dental Record Keeping, Level III (3 hours)

These continuing education hours are imposed in addition to the

continuing education hours required for renewal of Respondent s

license. Home study courses will not be accepted in satisfaction of this

condition. Upon completion of the course, Respondent must provide

documentation to the Board verifying course content and include a

letter of completion from the Remediation Program Administrator

verifying the number of hours completed and certifying achieved

competency. Documentation shall be submitted to the Compliance

Officer at the address referenced in paragraph 3.

6.

RECORD REVIEW

Respondent shall have his records

reviewed at regular intervals for a period of one (1) year. The purpose

P a g e 5 R e s p o n d e n t I n i tia l


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of the record review is not to prevent Respondent from practicing

Dentistry. Rather, record review is a supervised educational experience

designed by the Board to make Respondent aware of certain obligations to

Respondent s patients or clients, as well as to the profession, and to

ensure Respondent s continued compliance with the high standards of the

profession through interaction with another licensed, practicing Dentist in

the appropriate field of expertise. Any deviation from the requirements of

record review without prior written consent of the Board shall constitute a

violation of this Agreement and is grounds for discipline by the Board.

Respondent s record review shall be subject to the following terms and

conditions:

a

Appearance

Respondent shall appear before the Board at

the last meeting of the Board preceding termination of record

review and at such other times as requested by the Board.

b

Monitoring:

The monitoring of Respondent s practice shall

extend to all areas of Respondent s record keeping.

Respondent shall sign an agreement to have his records

reviewed by a Dentist who is fully licensed under Chapter 466,

Florida Statutes, and is approved by the Board. Before the

Board approves a monitor Respondent shall provide the

Page 6 Respondent InitialP


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proposed monitor with a copy of the administrative complaint

filed in this case, and shall submit to the Board the proposed

monitor s curriculum vitae as well as a description of the

proposed monitor s current practice. Said materials shall be

received by the Board office no later than thirty (30) days after

entry of a Final Order adopting and incorporating the terms of

this Agreement. The monitor must practice within a reasonable

distance of Respondent s practice.The monitor s license to

practice under Chapter 466 shall be in good standing and

without restriction or limitation. The Board may reject any

proposed monitor on the basis that: the monitor has previously

been subject to disciplinary action against his or her license to

practice under Chapter 466 in the State of Florida, or any other

jurisdiction; is the subject of pending disciplinary action; does

not practice in sufficient geographic proximity to Respondent;

does not practice in the same or similar specialty area; in the

Board s opinion, lacks sufficient experience or expertise to

monitor Respondent; or has or had a relationship with

Respondent such that the position of record review monitor

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may pose an actual or potential conflict of interest or may

compromise the monitor's objectivity. The Board may also

reject any proposed monitor for other good cause shown.

c.

Commencement of Record Review:

The record review

term begins only after the Board has approved Respondent's

record review m onitor.

d.

Responsibilities of Monitor: The responsibilities of

Respondent s monitor shall include:

1. The monitor shall select and review a random

sample

equal to a minimum of

twenty-five percent (25 ) of

Resp ondent s active patient or client records at least o nce

every four weeks for a period of six months, and

thereafter, at

the monitor s discretion, a minimum of

once per calendar qua rter.

ii. Discuss with Respondent, monitor's observations and

impressions of Respondent's records. As appropriate or

necessary, the monitor will offer suggestions, advice, and

guidance to Respondent.

Page 8 Respondent Initial A I


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iii. Submit a quarterly report to the Board, in affidavit form,

at the conclusion of every quarter. Each report shall

include:

a.

Brief statement of why Respondent is subject

to record review; and

b.

Description of Respondent s practice (type

and composition); and

c.

Brief statement of Re sponden t s compliance

with terms of record review; and

d.

Brief description of Re sponden t s relationship

with the monitor; and

e.

Summary of dates that the monitor went to

Respondent s office or met with Respondent

and the location of the meeting; what

transpired during the meeting; number of

records reviewed if any; and overall quality

of records reviewed; and

f.

Description of issues addressed and topics

discussed with Responde nt, Respondent s

participation in d iscussion, and Responde nt s

progress or growth and improvement if any;

and

9.

Detail any problems or concerns that may

have arisen with Responden t.


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iv. Provide a report to the Board of any violations by

Respondent of Chapter 456 or 466, Florida Statutes,

or the rules promulgated pursuant thereto.

v.

If the monitor reports that two (2) consecutive reports

are deemed insufficient to demonstrate appropriate

patient record documentation and/or billing accuracy,

then Respondent shall appear, upon receipt of written

notice, at the next scheduled Board meeting to

address the insufficiencies so reported. Unless excused

by the Board, insufficiencies not adequately explained

so as to show Respondent s compliance with

appropriate patient record documentation and billing

accuracy shall constitute a violation of the Board s

Final Order.

vi.

Appear with Respondent before the Board: at the last

meeting before record review concludes; and at such

other times as directed by the Board.

vii.

Notify the Board within ten (10) days of any changes

to monitor s address or contact information.


f1\ 1


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e. Responsibilities of Respondent

The responsibilities of

Resp onden t shall include:

1. Submit a quarterly report to the Board, in affidavit form,

at the conclusion of every quarter. Each report shall

include:

a.

rief statement of why Respondent is subject

to record review; and

Description of current practice (type and

composition) and location; and

c

rief statement of compliance with record

review terms; and

Description of relationship with monitor; and

e.

escription of specific issues addressed and

discussed with monitor as well as description

of concepts learned, progress and growth or

improvement if any; and

Description of any problems or concerns

ii.

Appear before the Board with record review monitor: at

the last meeting before record review concludes; and at

such other times as directed by the Board.

iii.

Discuss with monitor, monitor s observations and

impressions regarding practice, method, philosophy,

Page 1 I Respondent InitialM


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techniques, strengths, weaknesses and areas of concern,

suggestions, and guidance.

iv.Ensure the attendance and appearance of Respondent s

monitor at all Board meetings required by the terms of

this Settlement Agreement or as directed by the Board.

Failure of Responden t or Responden t s monitor to appear

at the scheduled Board meeting, unless excused by the

Board, shall constitute a violation of the Board s Final

Order.

v.

Ensure monitor submits all required reports to the Board.

Failure of Respondent s monitor to submit a required

report, unless excused by the Board, shall constitute a

violation of the B oard s Final Order.

vi.

Cooperate fully with monitor to satisfy all terms of record

review, specifically including but not limited to: meet with

monitor, participate in discussions with monitor and make

records ava ilable to m onitor.

vii.Notify the Board within (10) ten days of any changes in

either Respondent s current residence and/or business

address and contact information.



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f

Costs

Respondent shall pay all costs related to the term of

record review and supervision thereof, as well as all costs

incident and necessary to demonstrate to the Board that

Respondent can practice with the required skill and

competence.

g

Compliance:

Respondent shall comply with all state statutes

and rules pertaining to the practice of Dentistry, specifically

including Chapters 456, and 466, Florida Statutes, and Rules of

the Board of Dentistry

h

Tolling:

In the event Respondent does not actively engage in

professional practice for a period of thirty (30) days or more, or

ceases the professional practice in the State of Florida,

Respondent s record review shall be tolled until such time as

Respondent returns to an active, professional practice in the

State of Florida, unless prior approval has been obtained from

the Board.

i

Termination:

The record review period shall be terminated

only by order of the oard upon proper petition by

Respondent, where the petition is supported by evidence of

Page 13 Respondent Initial(


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compliance with the Final Order incorporating this Agreement.

More specifically, at the conclusion of Respondent s term of

record review, Respondent shall formally petition the Board to

terminate Respondent s record review and therein, request that

the matter be placed on the next agenda of the Board s

regularly scheduled meeting for consideration. Respondent s

license shall remain on record review until after such time as

Respondent makes Respondent s final appearance before the

Board as outlined above. During that appearance, the Board

will have the opportunity to question Respondent about

Respondent s experience and practice during the record review

period, make a determination regarding Respondent s

compliance with the terms of the final order incorporating this

Agreement, and decide whether Respondent s record review

should be terminated. The Board is hereby authorized to

either extend Respondent s record review or call a default

under the terms of this Agreement if the Board finds that

Respondent is unable or unwilling to ethically practice at an

acceptable level of skill and safety and with professionalism.


p


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7

PREPARATION OF A PUBLISHABLE ARTICLE:

Responden t shall prepare an article of publishable quality that shall be at

least two-thousand-five-hundred (2,500) words in length. The subject

matter of the article shall be the proper form of late entries made to the

dental record. This article shall be submitted to the Department of Health,

at the address specified in paragraph 3, no later than thirty (30) days of

the issuance of a Final O rder.

8

SERVICE AS A QUALIFIED MONITOR:

Respondent

understands that Respondent shall not himself serve as a qualified

monitor until Respondent has complied with all of the obligations imposed

by the Final Order adopting and incorporating this Agreement.

Fu rthermore , if Respondent is serving as a qua lified monitor, at the time

the Final O rder 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 O rder.

9

VIOLATION OF TERMS:

It is expressly understood that

violating any of the terms of this Agreem ent shall be considered a violation

of a Final O rder of the Board, for which disciplinary action may be initiated

pursuant to Chapters 456 and 466 , Florida Statutes.



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10

SETTLEMENT AGREEMENT SUBJECT TO BOARD

APPROVAL

It is expressly understood that this Agreement is subject to

approval by the Board and has no force or effect until the Board adopts

incorporates or bases an Order properly filed upon it.

11

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

12

ADDITIONAL PROCEEDINGS:

espondent and the



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Department of Health fully understand that this Agreement and

subsequent Final Order incorporating same, will in no way preclude

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.

13

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.

14

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.

By execution of this Agreement, the parties request the Board enter

a Final Order accepting and implementing the terms contained herein.

SIGNE this

S day of

e Lc-) v-/ e.

013.

r)

Michael Addair Tarver, D.M.D.

Case Nos. 2013-09493 &

2013-12498


\


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STATE OF FLORIDA

COUNTY OF Mori

)

Before me personally appeared Michael Addair Tarver, whose identity

is known to me by

X

personal knowledge or by presentation of

as identification type of identification), and who

acknowledges that their signature appears above. Sworn to or affirmed

efore me this

a of

cTe 11

2 0

2013.

tee

-Q1)1 c

Notary Public

y Commission Expires

APPRO VED this

day of

2013.

John H. Armstrong, MD, FACS

State Surgeon General and Secretary of Health

R. Shaffer Claridge

Florida Bar Number 0095549

Assistant General Counsel

Department of Health

Prosecution Services Unit

4052 Bald Cypress Way, Bin C-65

Tallahassee, FL 32399-3265

850) 245-4444 voice

850) 245-4662 FAX



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STATE OF FLORIDA


DEPARTMENT OF HEALTH,

PETITIONER,

v

ASE NOS. 2013-12498

2013-09493

MICHAEL ADDAIR TARVER, D.M.D.,

RESPONDENT.

ADMINISTRATIVE COMPLAINT

Petitioner Departme nt of Health files this Adm inistrative Com plaint

before the Board of Dentistry against Respo ndent M ichael Addair Tarver,

D.M.D., and in su pport thereof alleges:

1.

Petitioner is the state agenc y c harged w ith regulating the practice

of dentistry pursuant to Section 20.43, Florida Statutes 2011-2012);

Chapter 456, Florida Statutes 2011-2012); and Chapter 466, Florida

Statutes 2011-2012).

2.

At all times m aterial to this complaint, Respon dent w as licensed to

practice as a dentist in the State of Florida, pursuant to Chapter 466,

Florida Statutes 2011-2012), and was a Board C ertified Pediatric Dentist.


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3.

At all times material to this complaint, Respondent owned and

operated Polliwog Dental ( Polliwog ), doing business at 225 SE 17th

Street, Ocala, Florida 34471. The dentists at Polliwog practice pediatric

dentistry.

Facts Spe cific to R.R.

4.

On or about April 17, 2012, R.R., a four-year-old female patient,

presented to Polliwog for a tooth extraction. Respondent sedated R.R.

with Demerol prior to the procedure.

5.

Demerol is the brand name for meperidine and is prescribed to

treat pain. According to Section 893.03(2), Florida Statutes (2011-2012),

meperidine is a Schedule II controlled substance that has a high potential

for abuse and has a currently accepted but severely restricted medical use

in treatment in the United States. Abuse of meperidine may lead to severe

psychological or physical dependence.

6.

During the procedure, Polliwog staff members noted that R.R. had

stopped breathing and had turned blue. Respondent administered Narcan

to reverse the sedation and ordered a dental technician to retrieve a

resuscitation ba g from the crash cart.

DOH v. Michael Addair Tarver, D.M.D.

2

OH Case Numbers 2013-09493 2013-12498


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7.

Narcan is the brand name for naloxone, a drug commonly used to

counter the effects of opiate overdose. While naloxone is a legend drug, it

is not a controlled substance under Section 893.03, Florida Statutes (2011-

2012).

8.

Respondent administered breaths using the resuscitation bag, and

after a short time R.R. resumed breathing. Respondent recorded the

incident in the patient record as a period of brief apnea.

9.

Respondent instructed Polliwog staff members to make no

mention of the incident and admonished them that he would terminate and

sue any staff member who mentioned the incident. No one informed R.R.'s

parents that R.R. had stopped breathing and had been resuscitated.

Facts Specific to A.R.

10.

On or about June 4, 2013, Respondent performed a dental

procedure on A.R., a four-year-old female patient. A.R.'s mother verbally

consented to local anesthesia only. Respondent placed A.R. under

conscious sedation for the procedure.

11.

At the conclusion of the procedure, A.R. had lacerations on her

cheek and inside her mouth. A.R. also had bruises on her neck and

shoulders and had urinated on herself.

DOH v. Michael Addair

Tarver, D.M.D.

DOH Case Numbers 2013-09493 & 2013-12498


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Alteration of Me dical Records

12.

On or about July 31, 2013, a Department investigator presented to

Polliwog with a subpoena in order to obtain medical records. Polliwog staff

told the investigator that Respondent was out of the office. After

consulting with Respondent telephonically, Polliwog staff complied with the

Department's subpoena a nd provided the requested patient records.

13.

Several hours after the records request, Respondent logged into

his clinic's patient records database. Respondent altered several patient

records, including records for R.R. and A.R. Respondent made no

indication in the patient records that the records had been altered and

provided no justification for altering the records.

COUNT ONE

14.

Petitioner realleges and incorporates by reference paragraphs one

(1) through thirteen (13) as if fully set forth herein.

15.

Section 466.028(1)(l), Florida Statutes (2011-2012), subjects a

dentist to discipline for qmlaking deceptive, untrue, or fraudulent

representations in or related to the practice of dentistry.


DOH Case Numbers 2013-09493 2013-12498

4


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16.

Respondent made deceptive, untrue, or fraudulent representations

related to the practice of dentistry when he retroactively altered medical

records without properly identifying them as late entries.

17.

Based on the foregoing, Respondent violated Section

466.028 1 ) 1), Florida Statutes 2011-201 2) by making deceptive, untrue or

fraudulent representations in the practice of dentistry.

COUNT TWO

18.

Petitioner realleges and incorporates by reference paragraphs one

(1) through thirteen (13) as if fully set forth herein.

19.

Section 466.028(1)(m), Florida Statutes (2011-2012) subjects a

dentist to discipline for [flailing to keep written dental records and medical

history records justifying the course of treatment of the patient...

20.

Respondent failed to keep appropriate dental records when he

retroactively altered medical records without properly identifying them as

late entries.

21.


466.028(1)(1), Florida Statutes (2011-2012) by failing to keep written

dental records justifying the course of the treatment of patients.

DOH v. Michae l Adda ir Tamer, D .M.D.

Jr

OH Case Num bers 2013-09493 2013-12498


26/28

COUNT THREE

22.

Petitioner realleges and incorporates by reference pa ragraphs on e

(1) throu gh th irteen (13) as if fully set forth he rein.

23.

Section 466 .028(1)(mm ), Florida Statutes (2011-2012), subjects a

dentist to discipline for Dd ioSating any provision of this chapter or chapter

456, or any rules ado pted pu rsuant thereto.

24.

Section 456.072 1) r), Florida Statutes 2011-2012), subjects a

l icensee to discipline for Dim prope rly interfering with an investigation or

inspection authorized b y statute, or with any disciplinary procee ding.

25.

Respondent improperly interfered with an investigation or

inspect ion author ized by statute wh en he retroact ively a l tered med ical

records after learning that the Department was seeking those records

under subpoena.

26.


466.028 1) mm), Florida Statutes 2011-2012), by violating Section

456.072(1)(r), Florida Statutes (2011-2012) by im prop erly interfering w ith

an investigation or inspection au thorized by statute.

WHEREFORE, Petitioner respectfully requests that the Board of

Den tistry enter an order imposing one or more o f the fol lowing penalt ies:


DOH Case N umbers 2013-09493 & 2013-12498


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perma nent revocation or susp ension of R esponde nt's license, restriction of

practice, im pos ition of an adm inistrat ive fine, issuanc e of a reprim and ,

placem ent of Respon dent on probation, corrective action, refund of fees

billed or collected, remedial education and/or any other relief that the

Board d eems appropriate.

SIGNED this

S

day of

2013

FILED


DEPUTY CLERK

CLERK

ngelSanders

DATE

REP

s 2013

John H. Arm strong, MD, FACS

State Surgeon General and

Secretary of Health

R. Shaffer Claridge, Esq.

Florida Bar No. 00 95549

Assistant General Counsel

Prosecu tion Services Unit

4052 Bald Cypress Way, Bin C-65

Tallahassee, Flor ida 3 2 399-32 65

(P) 850-2 45-4444, extension 81 66

F) 850-245-4662

(E) [email protected]

PCP: September 23 , 20 13

PCP Mem bers: Dr. Melzer, Dr. Morgan Dr. Perdom o

DOH v. Michael Adda ir Tarver, D.M.D.

DOH Case Numbers 201 3-09493 201 .3-12498


28/28

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.

NOTICE REGARDING ASS SSMENT OF OSTS

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. Michae l Add.* Tarver, D.M.D.

DO H Case Numbers 2013-09493 2013-L2498

Michael Addair Tarver, DDS Consent Agreement 11-20-2013

Documents

Transcript of Michael Addair Tarver, DDS Consent Agreement 11-20-2013