STATE OF FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, PETITIONER, v. THOMAS P. FLOYD, D.M.D., RESPONDENT.

DATE

FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders

JAN 2 2 2013

CASE NO. 2012-03003

AMENDED ADMINISTRATIVE COMPLAINT Petitioner Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Dentistry against the Respondent Thomas P. Floyd, D.M.D., and states: 1. Petitioner is the 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 Complaint, Respondent has been

licensed to practice dentistry within the State of Florida, having been issued license numbered DN 8006. 3. Respondent's business practice is "Thomas P. Floyd, D.M.D., P.A., Pediatric Dentistry" and his address of record with the Board of Dentistry is

400 Executive Center Dr., Suite 103, West Palm Beach, Florida 33401. Another known address for Respondent is 258 Golfview Drive, Tequesta, Florida 33469. 4. On or about February 28, 2012, Dr. Floyd provided dental

treatment to "K.G.", a seven-year-old female. 5. When K.G. came out of treatment, her clothes and hair were damp and in disarray as though she had been struggling. Her mother asked her if she had been crying, but K.G. was too upset to answer. 6. K.G. told her mother she did not like Dr. Floyd and that he had tried to kill her. When Dr. Floyd was working on her teeth, she told him, "It hurts, Dr. Floyd, it hurts!" but Dr. Floyd answered, "Shut up, you damn brat." 7. When she continued to call his name, telling him he was hurting her, Dr. Floyd again told her to shut up and to stop calling out his name. 8. Dr. Floyd then took the blue dental bib that was around her neck and stuffed it into her mouth. 9. K.G. could not breathe with the bib in her mouth and her arms were tied down; she was able finally to free one of her arms, pull the bib out of her mouth, and throw it on the floor.

10. Dr. Floyd then grabbed her by the hair, pulled her head back, and pushed on her forehead to hold her back in the chair. 11. K.G. said she was in pain the whole time; even though she told Dr. Floyd she was hurting while he pulled her teeth, he ignored her. 12. When K.G.'s mother confronted him about his actions, he

refused to discuss the matter; thereafter, she filed a complaint with the West Palm Beach Police Department, which initiated an investigation. 13. In a sworn statement obtained by the West Palm Beach Police Department, one of Respondent's employees affirmed that Respondent often stuffs bibs into small patients' mouths when they are crying. 14. Fundamental pediatric dentistry requires that children be taught to cooperate in their dental treatment; however, abusive or condescending language towards a child has no place in the practice of dentistry, falls below minimum standards of performance in dental treatment and diagnosis, and constitutes misconduct in the practice of dentistry. 15. Respondent's actions of telling K.G. to "shut up" and calling her a brat do not meet minimum standards of performance in dentistry and also constitute misconduct in the practice of dentistry.

16. There is no standard of care in the practice of dentistry that allows or condones behavioral controls of stuffing a dental bib in a child's mouth to prevent crying or pulling a child's head back by the hair as a restraint. 17. Respondent's use of those methods on K.G. does not meet minimum standards of practice in pediatric treatment and diagnosis. 18. Respondent's use of those behavioral control methods also

constitutes misconduct. 19. Minimum standards of performance and care in administering anesthesia require that a practitioner use the minimum amount necessary to keep the patient from experiencing pain and discomfort. 20. Minimum prevailing standards of diagnosis and treatment in the practice of pediatric dentistry required that when a child expresses pain or distress, the practitioner stop the dental procedure to determine the source of discomfort, e.g., whether adequate anesthesia has been obtained or whether the child is experiencing fear and anxiety. If the child is experiencing pain, then the practitioner should administer additional local anesthetic within the dosage limit for the child, using the minimum amount necessary to keep the child from experiencing pain and

discomfort. If the child is experiencing fear and anxiety, the practitioner should stop the procedure unless the procedure is at a stage where more harm would occur to the patient by not proceeding (e.g., severe bleeding). 21. While pulling K.G.'s teeth, Respondent failed to respond to her cries of pain by providing additional anesthetic or stopping the procedure. 22. Ignoring a child's cries of pain also constitutes misconduct in the practice of dentistry. 23. Respondent's treatment plans for K.G. included a sealant for tooth #3, and disk 'sanding' tooth #I for slight decay. Neither tooth was diagnosed correctly or treated appropriately. 24. Bitewings taken by Respondent on February 12, 2012, show advanced decay in tooth #3 well into the dentin. 25. Minimum standards of performance in diagnosis and treatment of a tooth with significant decay is a restorative procedure to remove the decay and replace the missing tooth structure with appropriate material. 26. Respondent's treatment of the decay in tooth #3 by applying a sealant does not meet minimum standards of diagnosis and treatment. 27. The left bitewing x-ray of tooth #I taken by Respondent on February 21, 2012, shows advanced interproximal decay on the distal

surface of the tooth into the dentin, well beyond the dentin-enamel junction. 28. Respondent's treatment, consisting of removing enamel on the distal surface ("disking") of tooth #I, does not meet minimum standards of performance in managing the disease and decay process. It is analogous to sanding sheetrock to remove termites in the wall of a living room. 29. Bitewing x-rays taken of teeth #3 and #I by the West Palm

Beach Health Department on July 9, 2010, less than five months after Respondent's x-rays, show rapid progression of decay in both teeth, extremely close toif not already intothe pulp, as a result of Respondent's inappropriate treatment. COUNT I 30. Petitioner realleges and incorporates paragraphs 1 through 18 as though fully restated herein. 31. Section 466.028(1)(t), Florida Statutes provides that acts of

fraud, deceit, and misconduct in the practice of dentistry or oral hygiene constitute grounds for disciplinary action.

32. Respondent's acts of yelling at K.G., stuffing a dental bib in her mouth, pulling her head back by her hair, and ignoring her cries of pain constitute violations of section 466.028(1)(t), Florida Statutes.
COUNT II

33. Petitioner realleges and incorporates paragraphs 1 through 17 as though fully restated herein. 34. Section 466.028(x), Florida Statutes, subjects a licensee to

disciplinary action for being 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. 35. Respondent's acts of yelling at K.G., stuffing a dental bib in her mouth, pulling her head back by her hair, and ignoring her cries of pain constitute violations of section 466.028(1)(x), Florida Statutes.
COUNT III

36. Petitioner realleges and incorporates paragraphs 1 through 3 and 19 through 22 as though fully restated herein. 37. Section 466.028(x), Florida Statutes, subjects a licensee to disciplinary action for being 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. 38. Dr. Floyd failed to meet minimum standards of performance in diagnosis and treatment of K.G. by failing to administer additional local anesthetic or stopping the procedure in response to K.G.'s cries that she was in pain, thereby violating section 466.028(1)(x), Florida Statutes. COUNT IV 39. Petitioner realleges and incorporates paragraphs 1 through 3 and 23 through 29 as though fully restated herein. 40. Section 466.028(x), Florida Statutes, subjects a licensee to disciplinary action for being 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. 41. Respondent failed to meet minimum prevailing standards of performance and diagnosis in treating K.G.'s teeth #5 and #1, thereby violating section 466.028(x), Florida Statutes. WHEREFORE, Petitioner respectfully requests that the Board of Dentistry enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, 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 fl of January, 2013.

John H. Armstrong, MD State Surgeon General and Secretary of Health Department of Health

,.-:(CTri 144,A
Gail Scott Hill Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 909289 (850) 245-4640 Telephone (850) 245-4683 Facsimile PCP: 9/25/12 PCP Members: C.M., J.T.M., and W.R.