2. Dr. C'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 Four Thousand
and no/100 Dollars ($4,000.00), 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. C 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. C 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 treatmentn utilizing the gutta percha technique.
This continuing education obligat ion shall be in addition to the continuing education
requirements set forth in Board Rule 270-X-4.04.
3. Dr. C expressly waives her 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 her. Dr. C 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. C, 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. C acknowledges and agrees that the Notice served on her in this
matter informs him of certain rights and with knowledge of the same, she expressly
waives them.
6. Dr. C 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. C acknowledges, stipulates and agrees that she has read this
Consent Order and that she fully understands the terms, conditions and contents of the
same. Dr. C acknowledges, stipulates and agrees that she voluntarily and of her
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 [19th] day of [December], 2006
___/s/____________________
Dr. C, D.M.D
_____________________
Jason L. Woilitz, Esq
Attorney for Dr. C, DMD
DONE this the [12th] 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