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DPH Board Rejects Vague Consent Order, Requests More Detail and Informed‑consent Training
Summary
The board rejected a proposed consent order for Dr. Lee, citing vagueness about the alleged clinical failures and inadequate detail; the department alleged repeated treatment failures and insufficient informed consent, and the respondent’s counsel said the patient later received endodontic treatment and a crown. The board asked the department to revise and return the order.
The Department of Public Health board rejected a proposed consent order in a case involving Dr. Lee and asked the department to provide a more detailed draft for the board’s January meeting.
Anthony Nanny, representing the department, summarized the allegations: repeated treatment to tooth No. 5 between July 2016 and January 2019, repeated failures of restorations, delays in providing care, an alleged failure to develop an adequate treatment plan and insufficient patient education or informed consent. "The department alleged that the respondent violated the standard of care and that she failed to properly diagnose the issue with tooth number 5," Nanny told the board.
Respondent counsel Beverly Nappy Anderson disputed some of the department’s framing, saying the patient saw another dentist, received a root canal from an endodontist and returned to the respondent for a crown. Anderson described the patient as having recurrent decay across multiple teeth and said she did not have knowledge of any subsequent problems with the crown.
Board members voiced concern that the consent order’s factual allegations were too vague to support the proposed reprimand and civil penalty and recommended adding a remedial element. The board agreed it would accept a revised order that specified the factual basis and included an informed-consent refresher course (board discussed a minimum of a one‑hour refresher as part of the modification).
Action: the board moved to reject the current consent order and requested the department refile a clarified and more detailed draft for the next meeting.
