STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v.
CASE NO. 2013-03889
DAVID T. TURBYFILL, D. M. D.,
RESPONDENT.
ADMINISTRATIVE COMPLAINT
Petitioner, Department of Health, by and through undersigned
counsel, files this Administrative Complaint before the Board of Dentistry
against Respondent, David T. Turbyfill, D.M.D., 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 (2012);
Chapter 456, Florida Statutes (2012); and Chapter 466, Florida Statutes
(2012).
2.
At all times material to this Complaint, Respondent was licensed to
practice as a dentist in the State of Florida, having been issued license
number DN 13469.
3.
At all times material to this order, Respondent was employed by
Oral and Maxillofacial Surgery Associates ("Surgery Associates") at 4850
North Ninth Avenue, Suite 4, Pensacola, Florida, 32503.
4.
On or about November 16, 2012, Respondent performed surgery
on a minor female patient at Surgery Associates. In preparation for the
surgery, the patient was anesthetically sedated.
5.
Following the operation, Surgery Associates staff members
observed Respondent standing close to and/or touching the sedated
patient and also noted that Respondent was sexually aroused. Upon
noticing another staff member in the room, Respondent covered his genital
region with an item and left the room.
6.
On or about November 28, 2012, Respondent performed surgery
on a female patient at Surgery Associates. In preparation for the surgery,
the patient was anesthetically sedated.
7.
Following the operation, Surgery Associates staff members
observed Respondent standing close to and/or touching the sedated
patient and further observed Respondent moving his hips and/or pelvic
region.
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8.
On or about February 20, 2013, Respondent performed surgery on a
minor female patient at Surgery Associates. This was the same patient
who was involved in the incident on or about November 16, 2012. In
preparation for the surgery, the patient was anesthetically sedated.
9.
Following the operation, Surgery Associates staff members
observed Respondent standing close to and/or touching the sedated
patient and also noted that Respondent was sexually aroused. Staff
members observed respondent moving his hips and/or pelvic region. Upon
noticing another staff member in the room, Respondent covered his genital
region with an item and left the room.
10.
Later in the day, Respondent performed surgery on a different
minor female patient at Surgery Associates. In preparation for the surgery,
the patient was anesthetically sedated.
11.
Following the operation, Surgery Associates staff members
observed Respondent uncovering the sedated patient's arm from a post-
operative blanket, and placing the arm on the armrest of the operation
chair. Staff members observed Respondent standing close to and/or
touching the sedated patient and also noted that Respondent was sexually
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aroused. Upon noticing staff members' presence, Respondent moved away
from the sedated patient.
12.
Section 466.028(1)(mm), Florida Statutes (2012), subjects a
dentist to discipline for violating any provision of Chapter 466 or 456 or any
rules adopted pursuant thereto.
13.
Section 466.027, Florida Statutes (2012), prohibits sexual
misconduct by a dentist, and defines sexual misconduct in the practice of
dentistry as the
violation of the dentist-patient relationship through
which the dentist uses said relationship to induce or
attempt to induce the patient to engage, or to
engage or attempt to engage the patient, in sexual
activity outside the scope of the practice or the
scope of generally accepted examination or
treatment of the patient.
14.
Respondent engaged in sexual activity with three of his patients,
in violation of Section 466.027, Florida Statutes (2012), in one or more of
the following manners:
a. Using the dentist-patient relationship to induce or attempt to
induce the patient to engage in sexual activity outside the
scope of the practice; and/or
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b. Using the dentist-patient relationship to engage or attempt to
engage the patient in sexual activity outside the scope of
practice.
15. Respondent violated Section 466.028(1)(mm), Florida Statutes
(2012) by violating Section 466.027, Florida Statutes (2012).
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.
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SIGNED this
day of
Apr i 1
2013.
FILED
DEPARTMENT OF HEALTH
DEPUTY CLERK
CLERK
Angel-Sanders
DATE
APR
2 2
2013
John H. Armstrong, MD, FACS
State Surgeon General and
Secretary of Health
I.G.- Ce,.1
R. Shaffer Claridge, Esq.
Florida Bar No. 0095549
Assistant General Counsel
Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
(P) 850/245-4444, extension 8166
(F) 850/245-4662
(E) shaffer_claridge@doh.state.fLus
PCP: 4/19/13
PCP Members: Dr. Thomas, Dr. Melzer & Dr. Levsky
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There is going to have to be much more evidence presented than this if there is going to be a criminal conviction......much more.
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