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Thursday, August 29, 2013

Oral Surgeon accused of sexually molesting 3 teens allowed to open his own “private” “clinic”

I’m sure we will see Dr. Turbyfill in the news again.  It’s just a matter of time.  Clearly the state of Florida learned little from the Dr. Thomas Floyd fiasco.

Aug. 27, 2013

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FLORIDA - A Pensacola oral surgeon plans to start a new practice after reaching a settlement agreement with the Florida Department of Health over accusations of sexual misconduct with three sedated teenage patients.

Dr. David “Ty” Turbyfill has denied the allegations, calling them unfounded.

The Florida Board of Dentistry has approved the agreement, which allows Turbyfill to continue his practice. The deal calls for him to pay a $10,000 administrative fine and $4,630 in costs associated with the case. It also requires him to be monitored by a licensed health professional when using anesthesia or conscious sedation.

Turbyfill was formerly a partner of Oral & Maxillofacial Surgery Associates on North 9th Avenue.

His license has been restricted since April, when the state health department issued an emergency order after the allegations surfaced.

The department filed an administrative complaint later that month stating that staff members had seen Turbyfill acting inappropriately with three female patients on four occasions, twice with the same patient, between Nov. 16 and Feb. 20. Among claims in the complaint, witnesses alleged that Turbyville was seen moving his hips and pelvic region suggestively near patients and seemed to be sexually aroused in the presence of some patients — covering his groin and leaving the room on more than one occasion.

The complaint sought an order imposing sanctions, including restriction of practice, revocation or suspension of Turbyfill’s license or an administrative fine.

Tuesday, the Board of Dentistry issued a final order adopting a settlement proposed by Health Department lawyers in June and later modified.

Turbyfill has nine months to pay the administrative fine and the costs associated with the investigation and prosecution in the case, the agreement states.

According to Health Department attorney R. Shaffer Claridge, the fine was imposed as a penalty for violating Florida Statute 466.02 which prohibits sexual misconduct by a dentist. However, Turbyfill’s lawyer Steven Baker said he agreed to the fine in order to expedite his return to his practice.

An employee at Oral & Maxillofacial Surgery Associates said Tuesday that Turbyfill no longer works at the practice. Baker said Turbyfill plans to start his own practice.

While a criminal investigation into the charges was opened by the Pensacola Police Department several months ago, the investigation is inactive due to lack of probable cause, Capt. David Alexander said.

“There hasn’t been evidence of a crime. There’s been some speculation,” he said, adding that the case remains open.

The order approving the settlement is the board’s final disposition in the case, and no further action will be taken, said Health Department spokeswoman Ashley Carr.

In a written statement issued Tuesday to the News Journal, Baker said Turbyfill is relieved to have the case behind him.

“Dr. Turbyfill is glad that the nightmare created by unfounded allegations against him is over and that he will be returning to his practice of oral surgery. When these allegations first surfaced he submitted to and passed a rigorous lie detector examination without difficulty or debate. The final order of the Board of Dentistry adopts a settlement agreement wherein the board agreed to reinstate his license with a minor restriction that is, frankly, nothing more than best practice in oral surgery, and which he has followed throughout his career. In the settlement, he agreed to pay an administrative fine to expedite his return to practice and avoid protracted and expensive litigation.”