Richard Malouf Dentist Sanction

8/3/2019 Richard Malouf Dentist Sanction

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SBOE NOS.03-232-1202; 03..529-0307; 03558-0324; 04-2761209IN THE MATTER OF BEFORE THE STATETHE LICENSE OF RICHARD J.MALOUF, DDS BOARD OFTEXAS DENTAL LICENSE NUMBER 16206 DENTAL EXAMINERS

AGREED SETILEMENT ORDEROn the ~day of n~~b_1("' , 200~, the State Board

of Dental Examiners (hereinafter the "Board" or "SBDE") met in a requtarlyscheduled meeting and the above-referenced case was considered.RICHARD J. MALOUF, DDS, hereinafter "Respondent," holder of TexasDental License No. 16206, appeared at an informal settlement conference onOctober 7,2004, at 333 Guadalupe, Austin, Texas, in response to a notice lettersent on September 7, 2004. Respondent was advised of the right to legalrepresentation in the notice letter and was represented at the conference by hisattorney, Sudie Thompson, Esq. At issue were allegations that Respondentviolated the laws and rules regulating the practice of dentistry.On October 20, 2004, Respondent rejected the initial proposed Agreed

Settlem.ent Order. Accordingly, in an effort to avoid the unnecessary waste ofresources due to attorney. fees, hearing costs, and travel expenses associatedwith formal disciplinary action through the State Office of AdministrativeHearings, the Parties entered into settlement negotiations.An agreement was reached relating to the matters at issue, and pursuant. to that agreement Respondent wishes to waive further forma! adjudicatoryproceedings ..Respondent hereby waives a formal adjudicatory hearing and enters intothe following Agreed Settlement Order. Respondent, by. signature below,acknowledges that Respondent was advised of the right to legal representation,and that Respondent understands the nature of the alleged violations as statedIn the informal settlement conference notice- letter dated September 7, 2004.Respondent's signature hereon also acknowledges that an adequate opportunitywas provided to enable Respondent to respond to the alleged .violations.


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Under the Board Secretary's recommendation, having carefullyconsidered the Board's disciplinary guidelines, the following Agreed SettlementOrder is proposed, contingent on Board approval.,FINDINGS OF FACT

1. During the time period between February 1999 and August 2001 JRespondent failed to make, maintain and keep adequate dental recordsfor patient A.N. '2. During the time period between January 2000 and January 2003,Respondent failed to make, maintain and keep adequate dental recordsfor patient Z.S.3. During November 2000 and May 2002, Respondent failed to make,maintain and keep adequate dental records for patient D.S.4. During the time period between 1999-2003, Respondent falleo. to make,maintain and keep adequate dental records for patient R.L. .

CONCLUSIONS OF LAWThe references to Statutes and Rules cited below are to the Statutes and Rulesin effect at the time of the violations.

1. The Texas State Board of Dental Examiners has authority and jurisdictionover this case pursuant to Tex. Oee. Code 251.001 et seq. and 22 Tex..Admin. Code 101 et seq.2. The omission described in Finding of Fact No.1 is a violation of Tex. Occ.Code 263:002(a)(4), (10) (Vernon Supp. 2001); 22 Tex; Admin. Code 109.173 (1999:'2001); and 22 Tex. Admin. Code 10B.7, 108.8 (West2001).3. The omission described in Finding of Fact No.2 is a violation of Tex. occ.Code 263.002(a)(4).(10} (Vernon Supp. 2000-2003); and 22 Tex.Admin. Code 109.173 (2000-2001).4. The omission described in Finding of Fact No.3 is a violation of Tex. Occ.Code 263.002(a){4), (10) (Vernon Supp. 2000-2002); and 22' Tex ..Admin. Code 109.173' (West 2000) and 108.7, 108.8 (200~-2002). .5. The omission described in Finding of Fact No.4is a violation of Tex. Occ.Code 263.002(a)(4). (10) (Vernon Supp. 1999-2003); and 22 Tex.Admin. Code 109.173 (West 1998-2001) and 108.7, 108.8 (West2001-2003). .

Agreed Settlement OrderRichard J.Malouf. DDSSBDe Nos. oa232-1202; 03-529-0307; 03-558-0324; 04276-1209- page 2


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.'\ I I.... "

ORDERIT IS THEREFORE AGREED and ORDERED THAT:

1. Respondent's Texas Dental License No. 16206, issued to RICHARD J.MALOUF, is hereby SUSPENDED for a period of one (1) year to begioonthe effective date of this Order; however, such suspension is PROBATEDin its entirety.2. Respondent SHALL pay an administrative monetary fine in the. amountofthree thousand dollars ($3,000.00) payable to the "Texas State Board ofDental Examiners" located at 333 Guadalupe, Tower 3, Suite 800, Austin,Texas. The administrative monetary fine SHALL be paid in one (1) lumpsum, the total amount due no later than one (1) year from the effectivedate of this Order.'3. Raspondent SHALL complete a total of six (6) hours of Continuing

Education courses. Under this stipulatlon, the continuing educationcourses SHALL be completed within one (1) year of the effective date ofthis. Order. Continuing Education courses completed SHALL be in thefollowing area(s):a. Risk management - 6 hours

This continuing education SHALL be in addition to Respondent's annualcontinuing education hours required for licensure by the Board;All continuing education courses SHALL be approved in advance by theBoard Secretary. It is the responsibility of the Respondent to obtain suchapproval. Courses taken without prior approval and prior to the effectivedate of this Order SHALL NOT satisfy the requirements of this Order. TheBoard Secretary SHALL .have the authority to reduce the number, ofcontinuing education days or hours based on course availability. Upon thesuccessful completion of each course,. the Respondent SHALL providecompletion documentation to the Board.' '

4. Respondent SHALL take and pass the jurisprudence examination withinone (1) year of the effective date of this Order. No later than thirty (30)days prior to taking the jurisprudence examination, .Respondent SHALLnotify the Soard, in writing, as to the date and location of the examinationthat Respondent wishes to take. All written communication must besubmitted to the Board's Office of General Counsel, ATTENTIONCompliance Officer. The examination fees for the examination SHALL beborne by Respondent and Respondent SHALL submik,all requiredexamination fees prior to taking the examination. A jurisprudenceexamination taken prior to the effective date of this Order SHALL NOTcount towards satisfying this requirement.

Agreed Set tlement OrderRichard J.Malouf, DDSSBDe Nos. 03-232-1202; Q3-529-0307; 03-558-0324; 04-276-1209- page 3


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5. Respondent SHALL abide by the Laws of the State of Texas, the DentalPractice Act, the rules and regulations of the Board, and any reportingrequirements imposed to ensure compliance with this Order. '

By signing this Agreed Settlement Order, Respondent agrees to its terms,acknowledges' Respondent's understanding of it, and agrees that Respondentwill satisfactorily comply with the mandates of this Order in a timely manner or be 'subject to appropriate dlsclplinary action by the State Board of DentalExaminers.Respondent, by signing this Agreed Settlement Order, waives any right toa formal hearing and any right to judicial review of this Order. Failure to complywith the terms and conditions of this Order SHALL constitute a vlolation ofthlsOrder and may subject Respondent to further disciplinary action by the Board.All of the above terms, conditions, and penalties become effective on the

effective date of this Order. The effective date of this Agreed Settlement Ordershall be the date it is executed by the State Board of Dental Examiners. '

, - ' "

Agreed Settl f)ment OrderRichard J.Malouf, ODSsaDE Nos. 03-232-1202; 03-529-0307: 03-558-0324; 04-2761209- page 4


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STATE BOARD OF DENTAL EXAMINERSSIGNED this ~day of G6\1robu 200~.

J; Kevin ons, D.M.D., Presiding OfficerState Board of Dental Examiners

Agreed Settlement OrderRichard J. Malouf, DDSSBDE Nos. 03-232-1202; 03-529-0307; 03-558-0324; 04-276-1209- page 5

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SBOE NOS.03-232-1202; 03..529-0307; 03558-0324; 04-2761209IN THE MATTER OF BEFORE THE STATETHE LICENSE OF RICHARD J.MALOUF, DDS BOARD OFTEXAS DENTAL LICENSE NUMBER 16206 DENTAL EXAMINERS

AGREED SETILEMENT ORDEROn the ~day of n~~b_1("' , 200~, the State Board

of Dental Examiners (hereinafter the "Board" or "SBDE") met in a requtarlyscheduled meeting and the above-referenced case was considered.RICHARD J. MALOUF, DDS, hereinafter "Respondent," holder of TexasDental License No. 16206, appeared at an informal settlement conference onOctober 7,2004, at 333 Guadalupe, Austin, Texas, in response to a notice lettersent on September 7, 2004. Respondent was advised of the right to legalrepresentation in the notice letter and was represented at the conference by hisattorney, Sudie Thompson, Esq. At issue were allegations that Respondentviolated the laws and rules regulating the practice of dentistry.On October 20, 2004, Respondent rejected the initial proposed Agreed

Settlem.ent Order. Accordingly, in an effort to avoid the unnecessary waste ofresources due to attorney. fees, hearing costs, and travel expenses associatedwith formal disciplinary action through the State Office of AdministrativeHearings, the Parties entered into settlement negotiations.An agreement was reached relating to the matters at issue, and pursuant. to that agreement Respondent wishes to waive further forma! adjudicatoryproceedings ..Respondent hereby waives a formal adjudicatory hearing and enters intothe following Agreed Settlement Order. Respondent, by. signature below,acknowledges that Respondent was advised of the right to legal representation,and that Respondent understands the nature of the alleged violations as statedIn the informal settlement conference notice- letter dated September 7, 2004.Respondent's signature hereon also acknowledges that an adequate opportunitywas provided to enable Respondent to respond to the alleged .violations.


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Under the Board Secretary's recommendation, having carefullyconsidered the Board's disciplinary guidelines, the following Agreed SettlementOrder is proposed, contingent on Board approval.,FINDINGS OF FACT

1. During the time period between February 1999 and August 2001 JRespondent failed to make, maintain and keep adequate dental recordsfor patient A.N. '2. During the time period between January 2000 and January 2003,Respondent failed to make, maintain and keep adequate dental recordsfor patient Z.S.3. During November 2000 and May 2002, Respondent failed to make,maintain and keep adequate dental records for patient D.S.4. During the time period between 1999-2003, Respondent falleo. to make,maintain and keep adequate dental records for patient R.L. .

CONCLUSIONS OF LAWThe references to Statutes and Rules cited below are to the Statutes and Rulesin effect at the time of the violations.

1. The Texas State Board of Dental Examiners has authority and jurisdictionover this case pursuant to Tex. Oee. Code 251.001 et seq. and 22 Tex..Admin. Code 101 et seq.2. The omission described in Finding of Fact No.1 is a violation of Tex. Occ.Code 263:002(a)(4), (10) (Vernon Supp. 2001); 22 Tex; Admin. Code 109.173 (1999:'2001); and 22 Tex. Admin. Code 10B.7, 108.8 (West2001).3. The omission described in Finding of Fact No.2 is a violation of Tex. occ.Code 263.002(a)(4).(10} (Vernon Supp. 2000-2003); and 22 Tex.Admin. Code 109.173 (2000-2001).4. The omission described in Finding of Fact No.3 is a violation of Tex. Occ.Code 263.002(a){4), (10) (Vernon Supp. 2000-2002); and 22' Tex ..Admin. Code 109.173' (West 2000) and 108.7, 108.8 (200~-2002). .5. The omission described in Finding of Fact No.4is a violation of Tex. Occ.Code 263.002(a)(4). (10) (Vernon Supp. 1999-2003); and 22 Tex.Admin. Code 109.173 (West 1998-2001) and 108.7, 108.8 (West2001-2003). .

Agreed Settlement OrderRichard J.Malouf. DDSSBDe Nos. oa232-1202; 03-529-0307; 03-558-0324; 04276-1209- page 2


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.'\ I I.... "

ORDERIT IS THEREFORE AGREED and ORDERED THAT:

1. Respondent's Texas Dental License No. 16206, issued to RICHARD J.MALOUF, is hereby SUSPENDED for a period of one (1) year to begioonthe effective date of this Order; however, such suspension is PROBATEDin its entirety.2. Respondent SHALL pay an administrative monetary fine in the. amountofthree thousand dollars ($3,000.00) payable to the "Texas State Board ofDental Examiners" located at 333 Guadalupe, Tower 3, Suite 800, Austin,Texas. The administrative monetary fine SHALL be paid in one (1) lumpsum, the total amount due no later than one (1) year from the effectivedate of this Order.'3. Raspondent SHALL complete a total of six (6) hours of Continuing

Education courses. Under this stipulatlon, the continuing educationcourses SHALL be completed within one (1) year of the effective date ofthis. Order. Continuing Education courses completed SHALL be in thefollowing area(s):a. Risk management - 6 hours

This continuing education SHALL be in addition to Respondent's annualcontinuing education hours required for licensure by the Board;All continuing education courses SHALL be approved in advance by theBoard Secretary. It is the responsibility of the Respondent to obtain suchapproval. Courses taken without prior approval and prior to the effectivedate of this Order SHALL NOT satisfy the requirements of this Order. TheBoard Secretary SHALL .have the authority to reduce the number, ofcontinuing education days or hours based on course availability. Upon thesuccessful completion of each course,. the Respondent SHALL providecompletion documentation to the Board.' '

4. Respondent SHALL take and pass the jurisprudence examination withinone (1) year of the effective date of this Order. No later than thirty (30)days prior to taking the jurisprudence examination, .Respondent SHALLnotify the Soard, in writing, as to the date and location of the examinationthat Respondent wishes to take. All written communication must besubmitted to the Board's Office of General Counsel, ATTENTIONCompliance Officer. The examination fees for the examination SHALL beborne by Respondent and Respondent SHALL submik,all requiredexamination fees prior to taking the examination. A jurisprudenceexamination taken prior to the effective date of this Order SHALL NOTcount towards satisfying this requirement.

Agreed Set tlement OrderRichard J.Malouf, DDSSBDe Nos. 03-232-1202; Q3-529-0307; 03-558-0324; 04-276-1209- page 3


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5. Respondent SHALL abide by the Laws of the State of Texas, the DentalPractice Act, the rules and regulations of the Board, and any reportingrequirements imposed to ensure compliance with this Order. '

By signing this Agreed Settlement Order, Respondent agrees to its terms,acknowledges' Respondent's understanding of it, and agrees that Respondentwill satisfactorily comply with the mandates of this Order in a timely manner or be 'subject to appropriate dlsclplinary action by the State Board of DentalExaminers.Respondent, by signing this Agreed Settlement Order, waives any right toa formal hearing and any right to judicial review of this Order. Failure to complywith the terms and conditions of this Order SHALL constitute a vlolation ofthlsOrder and may subject Respondent to further disciplinary action by the Board.All of the above terms, conditions, and penalties become effective on the

effective date of this Order. The effective date of this Agreed Settlement Ordershall be the date it is executed by the State Board of Dental Examiners. '

, - ' "

Agreed Settl f)ment OrderRichard J.Malouf, ODSsaDE Nos. 03-232-1202; 03-529-0307: 03-558-0324; 04-2761209- page 4


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STATE BOARD OF DENTAL EXAMINERSSIGNED this ~day of G6\1robu 200~.

J; Kevin ons, D.M.D., Presiding OfficerState Board of Dental Examiners

Agreed Settlement OrderRichard J. Malouf, DDSSBDE Nos. 03-232-1202; 03-529-0307; 03-558-0324; 04-276-1209- page 5

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Sudie Thompson

McCauley, Macdonald & DevinA PRoFEsSIONAL CORPORATION

A T TO RN E YS A ND C OUN SE LO RS3800 RENAISSANCE TOWER1201ELM STREET'DAILAS.1EXAS 75270-2014

(214) 744-3300 FAX:. (214) 747-0942DIRECT: (214) 651-3352s thompson@mmdat to rneys .com

November 16, 2004" ~Mr. Lorenzo Nieto

Staff AttorneyTexas State Board of Dental Examiners333 GuadalupeTower 3 - Suite 800Austin, TX 78701-3942

CMRRR # 7004 1160 0000 1526 3639and Via Telecopy (512) 463-7452

. '.,'

RE: In the Matter of License No. 16206Issued to Richard Malouf, D.D.S.Board Case File Nos: 03-232-1202

03-529-0307. 03-558-032404-276-1209

Dear Mr. Nieto: ISBDE NOVIB'04 P t1 1 : " " I = -u,Jf

Enclosed with this correspondence is the Agreed Settlement Order (reflecting the editorialcorrections which you had forwarded) as signed by Dr. Malouf before a notary. I understand that'you will provide the fully signed and executed. Agreed Settlement Order after it is presented to theBoard. . ..

Should you have any questions or wish to discuss this correspondence or.enclosure, pleasedo not hesitate to contact me. Thank you for your assistance. " .Sincerely,

Sudie ThompsonST:cltEnclosure

20i803 1805/60
mailto:[email protected]:[email protected]

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Richard Malouf Dentist Sanction