IN the MATTER OF:

)

BEFORE THE BOARD OF

Dr. B, DMD

)

LICENSE NO.: XXXX

)

DENTAL EXAMINERS OF ALABAMA

)

CONSENT ORDER

     THIS CAUSE came before the Board of Dental Examiners  of Alabama (hereinafter 

referred to as the “Board”) in connection with a Notice alleging Dr. B, 

D.M.D. (hereinafter  referred to as “Dr. B”) violated the Alabama Dental Practice 

Act in connection with the treatment of a  patient. 
 

    A copy of the Notice which more particularly sets forth Christian’s violations is

attached hereto and made a part of Exhibit “A”. 

    Prior to a hearing in this cause and pursuant to Code of Alabama (1975) 41-22-

12(f), the matters at issue were resolved informally by the parties and the parties

negotiated a Consent Order, the terms of which are as follows:

1.     Dr. B is guilty of the charges and of violating the provision of the 

Alabama Dental Practice Act set forth in Counts Two, Three and Four of the

Notice. the remaining Counts One and Five of the Notice are dismissed. 
        
2.     Dr. B's, license to practice dentistry in the State of Alabama is hereby

placed on PROBATION for a period of one (1) year from the effective date of this Consent

Order which shall be the date the Consent Order is executed by the Board, subject to the

following terms and conditions:   
 
     (a) Payment  of an administrative fine in the amount of Three Thousand

and no/100 Dollars ($3,000.00), payable within thirty (30) days  from the effective date of 

this Consent Order.  This obligation of payment to the Board shall not be dischargeable 

in bankruptcy and Dr. B shall not attempt to discharge the same in any bankruptcy 

proceeding.  
 
      (b) Payment of an administrative fine in  the amount of One Thousand 

Five Hundred and no/100 Dollars ($1,500.00), payable within  thirty (30) days from the

effective date of this Consent Order.  This obligation of payment to the Board shall not

be dischargeable in bankruptcy and Dr. B shall not attempt to discharge the same

in any bankruptcy proceeding. 
 
     (c)  Submission of a consent form to be approved by the Board which

adequately informs patients about endodontic treatment, including possible risks and 

specifically the risks if the Sargenti technique is utilized. 

      (d)  Attendance within ninety (90) days of the effective date of the

Consent Order at a live continuing education course approved by the Board in a minimum

of sixteen (16) hours relating to the endodontic treatment utilizing the gutta percha technique.

This continuing education obligation shall be in addition to the continuing education

requirements set forth in Board Rule 270-X-4.04.   
 

3.     Dr. B expressly  waives his rights pursuant to the Alabama Dental

Practice Act and the Alabama Administrative Procedures Act  including, but not limited to,

Code of Alabama (1975) 34-9-24, Code of Alabama (1975) 34-9-25, Code of Alabama

(1975) 41-22-12, Code of Alabama (1975) 41-22-20, Code of Alabama (1975) 20-2-50

et seq, and including, but not limited to, the opportunity  for a hearing before the Board

in connection with any charges against him.  Dr. B further waives any objection

to the attorney for the Board preparing, drafting or making the Order, including the waiver of

any objection or right pursuant to Code of Alabama (1975) 41-22-18. 
 

4.     By  execution of this Consent Order, Dr. B, hereby releases the Board,

its members, agents, representatives servants and employees  from any and all

liability, claims, damages, fees, or expenses arising out of or made in  connection with the

matters relating to this Consent Order and Notice.   

  

5.     Dr. B acknowledges and agrees that the Notice served on him in this

matter informs him of certain rights and with knowledge of  the same, he expressly

waives them. 
  

6.     Dr. B agrees  that any future violation of the Alabama Dental Practice 

Act, the rules and regulations of the Board or any other  applicable laws may, upon proof 

and hearing thereof, result in further disciplinary penalties outlined in Code of Alabama

(1975) 34-9-18(b).
 

7.     Dr. B acknowledges, stipulates and agrees that he has read this

Consent Order and that he fully understands the terms,  conditions and contents of the

same.  Dr. B acknowledges, stipulates and agrees that he voluntarily and  of his

own free will accepts the terms and conditions set out in this Consent Order and is

executing this Consent Order freely and voluntarily without coercion, duress or threats or

pursuant to any promises.  

  

DONE  this the [20th] day of [December], 2006    

___/s/____________________  
Dr. B, D.M.D                                  

_____________________  
William C. McGowin, Esq  
Attorney for Dr. B, DMD 

 DONE  this the [5th] day of [January], 2007 

BOARD  OF DENTAL EXAMINERS                                  
OF  ALABAMA 

By:  ___/s/____________________   
Kathy  L. Jefferson, D.D.S.  
Its  President      
      


By:  ___/s/____________________   
James  S. Ward  
Its Attorney  
WARD  & WILSON  L.L.C.  
2100 Southbridge Parkway 
Birmingham, Alabama 35209