oryapproximate two year pericd t-hat were ult~ma~L-ely diagnosed with bacterial cndo~~~ditis after...

Vecchione

GURBIR S . GREG~'ALFT~'UR~TEY GENERAL Or I~EVd JERSEvDivision of I,aw124 Halsey StreetP.O. Box 45029Newark, New ~.~ersey 07101

By: Pavithra AngaraDeputy ~t~o?~ney GeneralTel:- (9:~3) 6~8-7457~tt~rne~: I~D: ~017D~O12

Pasiti~ra.anrara@law.~joag.go~

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2015692330 p ~ ~

RE~;~l~l~C~ .A~:1~1 FILED1i~61T~1 ~~ E

N.J. ~ ~ R D C~ F L Ef~T«T4~Y

ory -- - ~~ P~-~~.

ST.~TE or 1~E~`~ JERSEYDEP.~rrtTM~hTT O~ L.AG~7 A1~ID ~UHLIC 5.~='E~'Y

DI~7ISI01~ OF CQNSUM~R .Ar F.P:TRS

BG`ARD OF DENT~~TRYOAZ DOGKET ~~ : EDS 17 9 3 ~ - 16A

Ii•~ TI-iE NATTER ~F ̀ THE SUS.PEI~SIQN flR

R~V«CP2IC~N C~~'` THE LIG~NSE OFD ~ p.drninistra~ive ~~ct-ion

Jahn t7 ~ ~'~ccr:i:ca~re., D j I~._ S:. E`SZv.~~I, ~ JI~I~ ENT` ORDER

i~i~~n.s~ I~c~. ~2~I0-~~1~T3`~0K

T4 PRAC3'IC~E DEh~'~SSTRS~' I~~ THES'''ATE QF I~~"UJ' ~'ERSE`l

This matter w~.s brought before the l~e~a Jersey ~tace Bard of

Dent? stay ("Board") upon Y'2CE?ipt ~~ in=ormation rega=ding the

dental practices o.f Joht7 ~le~chione, D.D.S. ("R~s}~ordent"? _

?̀'o ~nv~stigate the matter furthEr, the Board au~horized t:•ro

inspections c~~ ~es~ond~nt's Budd Lade practice in order to censure

proper ac~hereneE to she appro~ri~te procedures, protocols and

standards of inf~etian cGriL?- C~l in dental a.fTi~-~ settings. On

November 14, 2619, E~farccment Bureau ("~B") invcstig~.t~rs and

7

Vecchione 2015692330 p.2

D~partTnen~ of ~edlth ("DOF-i") cfiic~ als performed an inspection o~

Resraandent`s Buda Lake office. The DOH identified certain

deficiencies pursuant to CDC Guidelines for Dental (JfficE Setti:~gs

and Dental Bard regulations. Respcndent Vras allowed tc~ continue

to practice.

C1n January 13, 2015, the EB, DQH o~fici~ls and experts in

oral surgery and infectious disease performed a second inspection

of Respondent's Budd. Lakes office. The DOH c~n~luded that

Respo~tde~~ tiGa cooperated and had corrected many of tn~

dericic-n~ies that Caere identified by DCK at the time of the first

inspection, bum that thzre raer~ still additional deficiencies that

DOH wanted Respondent to address. ResponC.ent eras allowed to

continue tc pxactice.

On July 7, 2016, ?despondent, without admitting any wrong.

going, ~nt~~ed ~ nto a Conser2L Order with the hoard agreeing tea

maintain ~nhanc~d in=ecti~~n control prc~to~:ols pursuant ~Q CDC

GuiaelinAs, uncierc~o iniecti~n control consulta~ti~ns and submit

monthly reports for the next 12 months to she Berard regarding ~zis

adherence to the terms of the consent order. ~'he Consen~ order

ackno~~l?dged that F,~spond~rt ha.d cooperated and corrected a number

of deficiencies that had been previously id~ntii~ie~ by DOH as a

result of the t.h~C~ pL""1Gr' inspections . it further noted that. t~erc

had been no pausal link establish~~ between Respor_d~nt's office

7


end the three ina.tial castes of hacteri~l. endocarditis.

On July 20, X016, the DJH issued its f?na1 public health

report regarding its review and its reported fir_c3ings of

Respondent' s infection control practices and prc~tacols for ar:

ost~atient aental ~of~ice setting. The report detailed the office--- - - - -

inspections, identified fifteen farmer patients over an

approximate two year pericd t-hat were ult~ma~L-ely diagnosed with

bacterial cndo~~~ditis after under-going dental procedures by

R~spon~ent, deline~.ted breaches from infection control gractic~s,

end made recommendations fox' corrective action.

On l~u~ust 19, 201.6, a third inspection was conducted of

Res~anlent` s Bud~I Lake Office f which re~rcaaled cantinuecl

c:efic ~ encies in ir~z~ct ~n control pra.~~iG~s ~.nd protocol ~u~'suant

to CDC Guidelines as well as violai~ions of the duly 7r 2016 Consent

Order. tin Au~~:st ~4~ ZOI~, the ~ttQrr~~y General filed a VErif ~d

Complaint a~c~ t7r~er to Show Ca~sse sEeking the teripordry suspension,P

of Ft~uporident' s license tra practices dentistry. The Respan.c~e~nz

filed an Fa~swer denying all a)_lega~ions o?= wrongd.c~ing.

Qn August 31, 2016, Respor_~der:t end the Board ~graEd tc the

temporzry suspension of REspon~?nt` s ~.icense in order to adjourn

the hnar~ n~ date, which was ulti~r~at~ly r~scheaUled to R~a~~rtber ~.6,

20? 6. Such ,r~Zuntary agreement eras c~rithout prej~xd_ce to

R~sUor~dent' s 1ega1 status and did nvt contain an a~r~ission ar

3


finding of tr~Yangdoing. pry or to the hearing on ?~?cvember 1.6, 2016,

Respondent and the Board agreed to the tempor~=y suspension of

Respondent's license pending disposition of a plenary hearing,

There ~~aas no admission or finding of c~ron~doing.

The matter was then Transferred to the 0~'fice t~f

A~m.inistrative Law ("OA.I,"} n. or a plenary hearing to begin on

February Z3, 2Q17 be~or~ Judge Joann LaSala Candido, AT,J, on the

G1legations contained in the '~rerif_ied. Comgla? nt . The ~J.~?L trial

officially began on August 9, 2C17_ As of Junp 25, 2418, the Sta~.e

has rested its caste in chief, the Respondent rias cross-e~iarnined

the S gate ̀ s various witnzsses, dnd the State has cor_cZt~~ed crass-

examination of Respondent's first ~xnert~ with additional trial

d3t~s end witnesses for the Respondent sche~dul.~d.

The Board ~?as considered Respondent's actions and ha.s

determ~ne~ that cause ~~ists far disciplinary sanctions pursuant

to N.J.S,~Z?. LAS: 1.-21 {c) r ~d) < <E') r (h) aid I~I.J.A.C. 13:30-8.5.

Respondent denies any allegations of wrorgdc~ing or deviai.ior_ from

GcceptEd s-~andards of oral surgical care, and contends that nis

c~r~ ar_~cl treatment of all patients were within accaptea. ~racti~e

standards. Respondent specifically ~~ni.~s that an~r breaches ~f

infect_on control practices ~.Tere the cause of the endccarditis

with respect to the fifteen former paticnt~. ~.Phe contentions Gnd

issues are, therefore, disputed.


Notwithstanding the above, the parties no~~~ wish to fully

resolve and settle the claims set forth in the ~Ter~,fied Carr~pl.aint

wi~hout the need for further proceedings.

__ ____________The___parties_ _being desirous of _ e?~terin~ into a__final

resoluteion and settlement of this matter r and it appearinc that

Re~p~+ncz.ent has read the tet~ms of tie ~Ti.thin ~onsEnt ar~~r and.

understands their meaning an~i effect aid consents to be bound by

saLne and has avail~ci himself ~f the advice ~f co_-npeten~ counsel

and it fu^ther ~pp►~aring that Respondent wishEs to enter into an

agreement without making admissions as to .allec}ations i~ th?s

matter, and that the Board wishes to enter into a~ agreement

wi:thou~ completing L-he hearing and without receiving an ir_itial

decis ~ ari frarn the ~dmin.istrativ~ vow Judge, anal the Board

cr~nc1uding tIzat ~.he within disposition is acceptak~lE and n the interests

of and adec~aately protectitJe of the public hea? th, safet~r aid

~~el*are, and for good cause shown,~- / `sue' r~ c..~ U

IT I~ 4I~T THIS DAY OE' / !' ~ 2t~~

ORDERED THAT : ~/~~

1. _ The license of ~.espordent Jorn ~I. 'decchione, L.D.S. to

practicz dzr~tistry in the 5ta~e o~ r]ec~r ~7"er~ey is herby suspended

for a A~riaG of five (5) years, with four (4) years to b~ served

~s an active period of suspension and the remaini~~~g one ~1) ~Teax'

t Q be s+~rved as a period of prdba~ion. Thz act_ve suspension period

5


shall be retroactive to August 31, 2016, the date on vrhicr~

Respond~n~ agreed to ~.h~ temporary st~sp~n.sic~n of hiS 11,C~I]S~ r

rnea~in~ that Respondent will. be permitted Lo commence the anE year

probat.ionar~r period an August 31., 2020 ~ pending full comp~.iance

~~ith the terms of the within Order.

2. If Res~andent seeks to reinstate his hleur Jersey :Lic~ns~,

then six (~} months prior to the expiration of ti7e actiz~E

susp^nsion of his Ne:a Sersey licenser R~spond~~t w~ 11 a~~~ear ~eFor~

the Board, QY a committee of the Board, azld t 1) clemonstr~te hip

general fitness an~i competency to resume practise, and (2)

demonstrate compliances with all of t4'~e terms contained within this

Order; and (3~ discuss ~utur~ ~1ans for practice; end ~9~

d€:rnorlstr~ate compliance with continuing education, including

t:iroughout his actives suspensior,~ period..

3. The Board retains the ~iiscreta~on to determine a elan ~~r

re-entry into practice in New Jersey ~h~t is projective of she

public, but such discretion shall he limited to restrictions or

~and~Lions upon I~es~on~ent`s resumption of clinical pra~ti~c? ire

Ne~,~ Jersey.

9 . For the first year of Responcl~nt' s return to pw active in

Nei. Jersey, R~spondc-nt shal ± r~ork with a Boa.~d-approved dentist to

obs~*-ve the Respondent's p~actic~s and submit signed and cent=izied

rerorzs as foJ.lows


a. TnTith regard to Respondent per=orma.r~g intra~Tenous

procedures, tooth extractions, biopsies or implant

procedures, the Board-approved dentist shall: (1}

observe 'the R2spond~nt, in person and. in peal timer

pprfo~m each of the abotire pxncedures o~~. air least four

(~7 oecasion~; {2~ certify that tie procedures were

performed. by RespandEnt ~rithin the standard of carte; and

{3) certify that the B~zr~-a~~roti~ed c'er_tzst is ~atisfa.ed

Respa~dent is competent to ~erfortn such procedures. It

the Board-~.pproved dentist submits such 'reports of

practicing ~ritbiZ. the standard or care and of

compe~.ency, Res,~andent nzay then netitian the Ba.ar~ to

lii~ the requirement a~ real-time, in person monitoring

of ~aroceduxes, which. s:►~11 not b~ unreasonably withheld.

The Board shall respond within twenty (20) days of act~~l

receipt ~f Ftespond~nt' s p~titior? .

k~. In addition tQ the a~ov~ r R~spond~n~ shall zmpla~r a

B~~rd-approved den~i~~C to abser~~er in p~zson and in real

timer Respondentrs ~e~er~? practice tec~rliques, ~.~vEl of

adherence to state regulat_ons gave~n~ ng tl-ie practice of

~~nti~try iri 'the stag o~ New ~ers~y, including GDC

Guidelines, end Respondent' s fitness to practi~.e and

overall compliancy with the practice components of this

7

Vecchione 2015692330 p,8

Order for f~ v~ ; 5) consecutive business days per rcor~~h

for the first year of practice in New Jerszy. As a

separates requir~r~ent from paragraph 4 ; a) , the Board-

appro~red dentist sha11 observe all patient contact for

a minimum of one (l) hour on each monitoring day and

resuTn~ ~er.eral supervision of Respondent ft~~r the

remaininr~ potion of ~h~ d~~. Th.e Board-ap~ra-cred monitor

or Dentist shall submit a sz~n~~ and c~=t ifie~ ~e~p~t tc~

the Board due by the zirs~t business day of each .month

following Respondent's monitoring p~riad in New ~'er~~y

id~ntifyi.ng the spec fic hour bf observation on each

monitoring day, the patient (s } trea i:ed ar-d a detailed

~.~SG~ipt~ on of t.h:e services andfor procedures p+~~farm.eci

and shall also include an c~ss~ssm~x?t addressing

Respondent`s pract?ce techniques, l~trEl of adherence to

stag: regulations governing the practice of_ aentistry in

tine state ~~ i~e~~ Jersey, including CDC Guidelines,

Responr,~.ent' s fitness to practice ar_d oYleral~ ~c~mpliar~ce

~.J? ~h the practyce compor~ents of Zhis Order . ~ftEr. six

(6~ consecutive moths cf s~tisfacto~~ zncnitoring

rep~rLs, Respondezz mad p~titicn the Board to life the

monitoring requirernenz.

c . Zesp~nder~t e~.pressl~r consents to the submission and

0


disclosure of the certifications and reports of tree

Board--approved rloYZito= or dentist to the Board.

Respondent also expressly ~cns~nts to the use of such

in;ormation by the Board i?~ any license ~roc?edings by

tt~~e Board. Such information an_d reports ~f the Boara-

approved monitcr or demist shall be con~id~rzcl to ~e

con=idential ane~. shal? not be used for any purpose exce~~

poi use in mono tc~.~ ing comps ~ ance ~: ith 'this Final Ccn~ei~t

Order and n=or use in 1_censing proceedings b~ 't-his Board.

5. At ar pzior to~ resumption of practices in Net~~ Jerseyr

Res.po~dent sha11 ~~ire an infection control consultant for

gz.~.arte=ly inspections of any ar_d all of his offices for a ene year

per;od . Each insp~ctian must be com~le ~~d at the end of three month

intervals, for a total of four inspectionsr ~o be completed within

one year. Respondent ~s responsible for ensuring that reports o-~

the inspection are submitted to the 3oara within twenty ;20} days

of the end of each of the three month aua ~terly periods . ShQ~.zld

Respondent be self-zm~l~yed or practici~~g in a supervisory

capacty, each report shall detail of~ice adherence Lo ~n.~ecticn

control protocol; compliar_ce with state regul~tio*~s governing

dental practwce within the szGte of ~1ew Jersey; ~ssessmen~ of

trai~.ing pro~ocols for office sL~ff; adequacy of writtEn infection

control protocols for 'the offices; assessmenT of R~spendent' s and


his staff's scope of .understanding of CDC guidelines, and overall

infection control for dental of~ice s~ttingsl and, when

appl.icable~ thz le~e1 of incor~o~ation of suggestions Gnd

_.~ccommendations of the prior consult~r~t reports. Shoup REspondent

be practicing with ar undAr the su~er~?sion of another N~~►~ Jers2y

icensed de~ti~t, such r~po~t shall dztail R~sp~n~lent's practices

as caell as ~v~ra~ l office adne?-ence to infection ccr_trol pxotocol

and compliance- with state regulations governing dental. practice

a3itnin the St~at~ of hre~,► Jersey. The report shill include a detailed

assessrrnent of Respondent' s pzactic~s a.s well as oTfice practices

under the supervision of Respondent.

6. In the event that Respondent resumes practices in ~Iecr

U~rsey~ R~span.dEnt shall Perman~r_tly ma~.ntain and follow all New

jersey state regulations, including- CDC Guidelir~s, gvve~ning the

practice of dentistry. Respondent a?so ac~rees to practice pursuant

to the CDC Guidelir_es_

7 . ~espordent shall success-fully complete Board approved

cours~.~ i.n office management, record.-k~~ping and. in.~~ction ccnt_ol

pr~ct~ces, procedure, implementation and raGintenance. In order_ to

satisfy tZis term, all courses must include a pose-test a_~

as~e~sme:~t at the end cf the courses, to be campl~ted prior to the

end o~ R~spcndent's active suspensic~n. "SuccessFul complexion"

m ans that all. sessions ~,rer~ ~.ttended, all ~ssignm~nts ~~ere

10


properly and appropriate=y completed, and a pissing grade was

achieved which was unconditional and without reservations.

8. Prier to resumption of pract?~e in New Jersey,

Responc~~nt s_~all havE full► attended, successful? y completed, and

passed the PRIML• (Prop sssional Renewal in Medicine through Ethics)

couYs~ offered by the CentEr for Con~inui_ng Educ~t~ion in the Healtri

Prof~ssians at Ro3~er~ Wood Johnson Medical School, ar another

ethics course of simi~ ar content that is pre-approved by one Board..

DocuTn~ntatio~ of full atten~.an~e and successful completion oz the

course shall he provided to tae Board within t~~enty-or_e says of

~ampletior: of tiz~ course. "Successful completion" means that

.despondent attended all sessions of the course, fully garticipated

i~ the course and received a final evaluation oz stn unconditional

pass nor the course. Respondent shall bear the cost t~f the courses

selected and shall poi: use any credits obtained through t'~e courses

towards the fulf?llrnent of his continuing education requirement.

~ . Respondent is h.~reby assessed costs in she amount of

$2~3,5~0.CD and monetary penalties in the amount of $50,X00.00,

fox a total amaunz of ~2~3,SOJ.~a, Thy costs and penalties

assessment in the amount of ~~68,500.Q0 is stayed pA~ding the

periaa of suspension as set forth .n the Consent Order f ~~r~th a

r~pay?~r~~nt plan ~o be det~rr~ined upon R~spondantr s reap~~.ication

for reinstat~:ment of his active dental license in the State of_ t~eT~

11


J~rs~y. At such tir:~e, the Board will allow Respondent to subrn?t

i_niarmation he be:~i~ves is relevant to the Board`s consid~r~.tion

cif his abili~.y to pay the assessed costs and penalties, and sell

determine z gaym~ent _schedule_ ~s for the remaining costs and

penalt-_zs amount, a CertiFicat~ of IIef~t ref3ectin~ the ~25,~00.40

currently die and ~=wing shad Z be filmed pursuan~. to Iv'. J_ S.A. ~5: 1-

24. In ac~d_tion, but not in lieu, of the filing of the C~rt~f~cate

cf Debt, tha Board will allow the remaining costs and g~naltie~ to

be paid in equal r,onthly insta7.~.m~nts o~ $5?0.8~ far forty-eight

,48) consc~~utiv~ months. Each' payment shall be clue on the first

business dad oz each month, commencing on Februa~~ 3, 20~~. Tn

the event that a monthly payrnEnt is not received wit:~in five days

of its dui dates, the entire balance shall bect~zne due and owing, In

the e~rcnt of a default triggering the entix'e balance becoming due

and owing, I~esp~nc~errt shall have the opportunity t~ eyplain the

default to ~~he Board prior tt~ any Boa.~d action against Resg~ndent' s

1? ccnse. Respondent may prepay at any tine. Interest on alb

iinancia?. assessments shall accYue in accordance with Rule of Court

' x:42. A11 payments sha?1 bz made ~y certifizd bank check,

certified chick, wire trznsfe= or mane}r ~.~der r payable to ti-,z State

of Nei•: Jersey Gnd forwarded to the attention of Jona~,han

EisEn_m~nger, E~ecutiv~ Director, Board of Dentistry, 124 Ha]_sey

Street, Gtr' Floor, Nc-work, New jersey 07101. Any payment .r. a fbrrn

12


other than thas~ noted in this Paragraph dill be rejected and

returned to tre warty making payment.

10. Respondent hereby represents and sha h ensure that ~e

stall not see, ~ex~rninc-, trea~ G1"' otherwise of~er dental services

at any locat? on in Ne.ty Jersey during the en :ire four year ~cti.TJe

suspension ~e?-'iUd, ~nci until he is ~ n ?"2C+~1;~Dt of the Boards s Order

a~ R~instater:len~ a~ his lic~en~~, which stall be issued cn or about

rugust 31, 2.020, Froj~ided. Respondent nos cornpli~d with the terms

of the t,~izhin Consent Urcier. This lim~tatian shill specifically

includes the _ssuance o~ any grescrigtiofl for, or dispensation of,

medications of ariy kind within the State of New Jersey including

but not ~.imited t~o Controlled Dangerous Substances ("CDS").

ftespo:~dent sha'• l not tenter the gre~rnises of his farmer dental

prac~tice(s) curing bus~_ness hours whin patients may be present.

11. During the active suspension period Respondent shall not

charger receive ar share in any fee for dental services rzr_~dereci

by him or ~tners within tho state of Nair Jersey. R~spcnder~t sha11

be pe~m~.ttecl `co ct~ll~ct account receivables with r~spe~t ~o

pro~e~sion~l services that he rendered prior to the e?osc ~f

business cn ~ugu~t 31, 2010.

~.~ . Respondent shall b~ precluded from managing overseeing,

supervis~.ng or ~nfl~.encing the practice oL dentistry in Lhe State

of New ~erszy until such time ~Lhat Respondent is reinstated to

~ ~ 13

Vecchione 2015692330 p~~4

practices in NEw Jersey. P,espondent shall direst h.irnself fr~~n an}~

current and future financial xr.~terest in or benefit derived from

the practice o?= dentwst=y in the State of New jersey, incl.u~irlg

but not limited to Respondent's former nental office (s) , ~:ntil

such time than a.1 J. terms off' the w_thin Consent tJrder ?gave beers

mgt.

~3. i~~ifihin ten (1.0) days o~ the filing of this Consent Order,

Respondent, ~ f he has not already dor_e so, is to notify Jonathan

Eisenm~nr~Er, Execut~v~ Director, i~1ew Jersey State Board of

C~ntistry, 1~4 Halsey StrEet, P.U. Box 45~05~ Newark,. New Jersey

07101 as to where his p~~ient re.co=cis are secured, and haw patients

may obtain them., or alterna~ive~yl ~to advise the baar~ of the

i~ler~ti~y and. contact information_ of ~:h.~ ~ec~iver that was ~lacer~

in charge of ~esponc~~n~` s far~~Y o.ffic~s.

~ 9 . Resp~nder_~t, if he has not already done so, shall retLrn

his original Ne~~ Jerse~j license and CDS resist=anion to the Neva

Jerse~T State Board o~ Dent~~try, 124 Halsey S~~e~t, P.O. Box 45005,

N~cw~~rk, New Jersey 07101, if he still has possession of same.

15. Respondent, if he .nos not already dons sa, shall

it~tmediately send al.l of his remaining prescriptiGn bJ_ar.ks, along

with a ca•Jer memorandum indica~.ing that he UIiIl no loner be

writ~n3 prescriptions and asking that his prescription blanks be

destroyed pursuant t~ standard operating procedures, tc Ddna

14

Vecchio,~~e 2015692330 p.1 ~

Pulizzana, %acting E~:ecuti~re Director, Drug Control gr_it~ P~e~~a

~Tersey Division of CGnsumer .Af~airs, P.O. Box ~54~~, i~Tewark~ `~]~z~►

Jersey 07101.

- --------.--------- .___ 1_~.. ---.T~_e --par ~..~.~:s--- h.~r~l~~ _.~s.t.i~:ul.at e_._t.h:a.t ---ent r y_o.f _ _this_ Qr.d~~r_is.__

~~ithout. pr~judic~ to Further act.ic~n, investiga~ion, end legal

action by this B+~ard, the Attorney ~er_c-ral, the Or~g Contrc~ Jnit,

th? Director ~:~f the Division of Consumer Asfairs or ocher law

enforc?ment entities resulting from Respondent's conduct px_or ~o

the en wry o~ this Qrder. This Order shall be a full. end ti.nal

resolution by t1~is Boated of all v~.al~:ti~ns ~xnd Tarts expr~,ssl~r

rei~erenced in this ard~~. A,s a~' Lhe i.iled date of this Qrd:er, the

3oard is ~.na«*are o~ a~n~r pending compl~,ir~.ts ag~n~t R~~~,ondE~it .

1'.7 , The Bo~rc~ s~Z~ll x~~tain j ur.isdi~tic~n -ta ~n-fore t:he terms

of this girder. Up4r_ receipt of a~~~ re~~.,able information in.~. c~tir~~r

that Res~ond~nt has v%o1:a~ed, any ~ Wrm of` this O~de.~ , ~rze Loarc~

reserves the right to bring ~ppropriat~ disc.iplina~y action.

18. If rz has naz already done sa r ~espondtint sra~ll. comply

wish the "Directives ~pplicabl~ To Any Dentistry Board Li~~~s~~

Tivho Is SuspEnded, Revok~ect ar C~7hose Surrender 4f Li censure Has ~ee~

Accepted" ~ iti~hi~r is attaci~e~ h~retQ as Exhibit 1 and inc~rpor~.~.ec~

by reference. In the went of a conflict be~ween the D:iY'2Ct~.~TeS

aid this Consent Ord.~r, the terms of this C~r~scnt Order sha1~_

govern .

IS

Vecohion~ 2015692330 p.16

19. "'his L•' nil Consent order is a $ettlemen~, of a con~~:sted.

mater reached as ~ result of nego~i~tions k~~tween the p~.rti~s

~~~itr advice of ccunsel, end is not an ad~;~►iss~.o~ of t~,rongd~ing,

rihich is ~x~ressly denied by Respand~nt. This E'i~a~, Consent order

sha1.1. be a lull. ~,nd final.. dispa~i~ion of the ~t~-ninistr~t? ~e matter

dccl:eted as HDS 17 39-201~N.

r;FW JERSC`~ STT-ATE BOI:RI7 Or~' D ~'h]TISTR7f

~l _.f ~ i~B y : ~̀'C~.~ cam'`" ̀ ~ ~~ ~'- yam' 'n ~j ~ 5 SE,liz~a eth Clemente, D. D. S .Board Pr~sidert

I have read the tviL-hin C7rder - de~st.and its t~rrns anci agre~~e tobe brox_ them I co se to the entry of this Order.

L r

~.

~^ ~ -- L~ ~

Jo ~Tc-cchi:an , t~. D. 5. Dat dR~Sgondent

s ~r~u gisen as to the fcrin and entry of t1-~is 4rdsr.

z ~~John Lacey, E q. Da~t~ciCon~ 1.1 ~,oley~tt~O ney .or the Resp nd~n

Consent is ner~e~y given as to Lhe dorm end zntry o~ this Order..{~'r' ~ / n

-.-...++M~ 1 JJ

~?ussel.l. L. f~l~wfit, ~sq. DatedDughi, Hewii.: & Domalec~~s}Ei~ttoir.ey fcr the R~sp~ndeni:

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oryapproximate two year pericd t-hat were ult~ma~L-ely diagnosed with bacterial cndo~~~ditis after...

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