Florida Dentist Agrees to
Stop Using Sargenti Materials

Stephen Barrett, M.D.


In 1996, the Florida Board of Dentistry determined that the use of Sargenti cement (also called N2, RC2B, or RC2W) or essentially similar compounds to fill root canals "does not meet the minimum standards of performance for competent dental practice in Florida." [Rule 64B5-17.012] The board did this because Sargenti pastes, which contain paraformaldehyde, can damage surrounding tissues if they leak beyond the root canal. In 2011, the board charged Raymond Della Porta, Sr., D.M.D., of Vero Beach, Florida, with providing substandard care based on his use of Sargenti cement in two patients.

In 2012, Della Porta and the board signed a settlement agreement (shown below) under which the board would issue a letter of concern and order him to (a) pay a $5,000 fine, (b) refund out-of-pocket fees and costs to the patients, and (c) permanently refrain from using Sargenti material in endodontic procedures. Shortly after the agreement was signed, however, Della Porta filed a motion for reconsideration which noted that he had practiced for nearly 44 years without disciplinary action, had stopped using the Sargenti material, and had reimbursed the two patients as agreed. The board then vacated its order and dismissed the complaint.


STATE OF FLORIDA
DEPARTMENT OF HEALTH
BOARD OF DENTISTRY

DEPARTMENT OF HEALTH,
Petitioner,
vs.
RAYMOND DELLA PORTA, D.M.D.
Respondent.



  CASE NO. 2009-05195

SETTLEMENT AGREEMENT

Pursuant to Section 120.57(4), Florida Statutes, the above named parties hereby offer this Settlement Agreement to the Board of Dentistry as disposition of the Administrative Complaint, attached hereto as Exhibit A, in lieu of any other administrative proceedings. The terms herein become effective only if and when a Final Order accepting the Settlement Agreement is issued by the Board and fried. In considering this Settlement Agreement, the Board may review all investigative materials regarding this case. If this Settlement Agreement is rejected, it, and its presentation to the Board, shall not be used against either party.

STIPULATED FACTS

1. For all times pertinent herein, Respondent was a licensed Dentist in the State of Florida, having been issued license number DN 4552. Respondent's last known address is 1300 36tH Street, Suite F, Vero Beach, Florida 32960.

2. The Respondent was charged in a one-count Administrative Complaint filed by the Board of Dentistry and was properly served upon Respondent with violations of Chapters 456 and/or 4661 Florida Statutes. A true and correct copy of the Administrative Complaint is attached hereto and incorporated by reference as Exhibit A.

3. Respondent neither admits nor denies the factual allegations contained in the Complaint for the purposes of settlement in these administrative proceedings only.

STIPULATED LAW

1. Respondent admits that he is subject to the provisions of Chapters 456 and 466, Florida Statutes, and the jurisdiction of the Board and the Department of Health.

2. Respondent admits that the stipulated facts, if proven true, constitute violations of laws.

3. Respondent admits that the stipulated disposition in this case is fair, appropriate, and acceptable to Respondent.

PROPOSED DISPOSITION

1. The Respondent shall be present when this Settlement Agreement is presented to the Board, and under oath shall answer questions by the Board concerning this case and the disposition thereof.

2. Respondent shall receive a Letter of Concern by the Board of Dentistry.

3. The Board of Dentistry shall impose an administrative fine of five thousand ($5,000) dollars against the Respondent's license, to be paid by the Respondent to the Executive Director of the Board of Dentistry, within six (6) months of filing of the Final Order accepting this Settlement Agreement. All fines shall be paid by cashiers check or money order. Please remit payment to; Department of Health, Division of MQA, Compliance Management Unit, Post Office Box 6320, Tallahassee, Florida 32314·6320.

4. The Respondent shall reimburse the Board of Dentistry actual costs for the investigation and prosecution of this case, to be paid by the Respondent to the Executive Director of the Board of Dentistry, within six (6) months of filing of the Final Order accepting this Settlement Agreement. All costs shall be paid by cashiers check or money order. Please remit payment to: Department of Health, Division of MQA, Compliance Management Unit, Post Office Box 6320, Tallahassee, Florida 32314-6320.

5. Respondent agrees to permanently refrain from using Sargent; material in any endodontic procedures.

6. Respondent shall refund the patient KS in the amount of the "out-of-pocket" fees and costs for the treatment related to the root canal that the Respondent performed on July 22, 2008, on tooth number 19. Respondent shall refund the patient CZ in the amount of the "out-of-pocket" fees and costs for the treatment related to the root canal that the Respondent performed on March 13, 2008, on tooth number 27. Respondent shall refund third-party insurance company, if applicable, in the amount of any fees paid on behalf of the patient's for the root canal treatments that the Respondent provided in this cause. Proof of payment must be made available to the Department's prosecuting attorney prior to presenting before the Board.

7. The Respondent’s continuing education courses may be audited for the next biennium.

8. Respondent shall pass the Laws & Rules Examination governing the practice of dentistry in the State of Florida within twelve (12) months of the filing of the Final Order.

9. It is expressly understood that violation of the terms of the Final Order as set forth in the Proposed Disposition above will result in an Informal Hearing.

10. Respondent shall not in the future violate Chapter 456 and 466, Florida Statutes, the rules promulgated pursuant thereto, or any other state or federal law, rule, or regulation relating to the practice or to the ability to practice dentistry.

11. It is expressly understood that a violation of the terms of this Settlement Agreement shall be considered a violation of a Final Order of the Board of Dentistry, for which disciplinary action may be initiated pursuant to Chapter 456 or 466, Florida Statutes.

12. It is expressly understood that this Settlement Agreement is subject to approval of the Board and has no force or effect until an Order is entered adopting the Settlement Agreement

13. This Settlement Agreement is executed by the Respondent for the purpose of avoiding further administrative action by the Board of Dentistry regarding the acts or omissions specifically set forth in the complaint. In this regard, Respondent authorizes the Board to review and examine all investigative file materials concerning the Respondent prior to or in conjunction with consideration of the Settlement Agreement. Respondent agrees to support this Settlement Agreement at the time it is presented to the board, and shall offer no evidence, testimony, or argument that disputes or contravenes any stipulated fact or conclusion ·of law. Furthermore, should this Settlement Agreement not be accepted by the board, it is agreed that the presentation and consideration of this Settlement Agreement and other documents and matters by the Board shall not unfairly or illegally prejudice the Board or any of its members from further participation, consideration or resolution of these proceedings.

14. The Respondent and the Department fully understand that this Settlement Agreement and subsequent Final Order incorporating same, will in no way preclude additional proceedings by the Department or Board against the Respondent for acts or omissions which are not the subject of the Complaint, attached hereto as Exhibit A, issued in this cause. This Settlement Agreement relates solely to the current disciplinary proceedings arising from the aforementioned complaint and does not prejudice further
action by other divisions, departments, and/or sections of the Department of Health or the Agency for Health care Administration's Medicaid Program Integrity Office.

15. The Respondent waives the right to seek attorneys fees and/or costs from the Board or Department of Health in connection with this disciplinary proceeding.

16. Upon the Board's adoption of this Agreement, Respondent expressly waives all further procedural steps, and expressly waives all rights to seek judicial review of or otherwise challenge or contest the validity of the Agreement and the Final Order of the Board incorporating said Agreement.

WHEREFORE, the parties hereby request the Board to enter a Final Order accepting and implementing the terms contained herein.

SIGNED this 23rd day of February, 2012.

__________________________________
RAYMOND DELLA PORTA, D.M.D.
CASE NO. 2009-05195

APPROVED this 28th day of March, 2012
Frank Farmer, Jr., M.D., Ph.D., F.A.C.P.
State Surgeon General

__________________________________
By: Wayne Mitchell
Assistant General Counsel
Prosecution Services Unit
Department of Health

COUNSEL FOR PETITIONER:

Wayne Mitchell
Assistant General Counsel
Florida Bar # 869414
Department of Health
Division of MQA
Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399·3265
Phone 850.245.4640
Fax 850.245.4683

Date: 10-3-11

Revised: 1.27.12
Revised: 2.14.12


This article was posted on January 8, 2014.

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