BEFORE THE STATE BOARD OF DENTAL EXAMINERS
STATE OF COLORADO
Case No. DE 2003 – 008
STIPULATION AND FINAL AGENCY ORDER
IN THE MATTER OF THE DISCIPLINARY PROCEEDING CONCERNJNG THE LICENSE TO PRACTICE DENTISTRY IN THE STATE OF COLORADO OF SCOTT R. MCADOO, D.D.S., LICENSE NO. 6394,
IT IS HEREBY AGREED by and between the Colorado State Board of Dental Examiners (“the Board”) and Scott R. McAdoo, D.D.S. (“Respondent”) as follows:
1. The Board has jurisdiction over the person of Respondent and the subject matter of this Stipulation and Final Agency Order (“Stipulation and Order”).
2. Respondent has been licensed to practice dentistry in the State of Colorado at all times relevant hereto.
3. This Stipulation and Order is a full and final resolution of case no. DE 2003-008: Board complaint numbers: 3601000024, 3699000315, 3698000268, 3698000086, 3697000327, 3697000104, 3697000105, 3697000068, 3696000243, 3650007298 and any cases shown to the Board as of the effective date of this Stipulation and Order.
4. This Stipulation and Order, consisting of four (4) pages, constitutes the entire agreement between the parties; there are no other agreements or promises, written or oral, modifying, interpreting, construing or affecting this Stipulation and Order.
5. By signing this Stipulation and Order. Respondent agrees to sell or close his current practice no later than February 12, 2005, six (6) months from the effective date of this Stipulation and Order. Upon the sale of his practice or February 12, 2005, whichever is first. Respondent agrees to tender his dental license wall certificate and wallet certificate to the Board and place his license on permanent inactive status. Respondent also agrees to never request to renew or activate his dental license in me State of Colorado.
6. As of the effective date of this Stipulation and Order, Respondent also agrees to immediately cease performing procedures and/or ordering tests as set forth and described in paragraphs 7, 8,13,14, and 129 of the Notice of Charges filed October 3,2003.
7. This Stipulation and Order is entered into by Respondent voluntarily, after the opportunity to consult with counsel and with full understanding of the legal consequences of this Stipulation and Order. By agreeing to this Stipulation and Order, Respondent does not admit, and specifically denies, the allegations of the Notice of Charges herein, dated October 3, 2003. Respondent enters this Stipulation and Order solely to avoid the further uncertainty, cost and stress of litigation.
8. Respondent acknowledges that any violation. of this Stipulation and Order may constitute grounds for disciplinary proceedings of any other remedy specified pursuant to the Dental Practice Act and, if proven, may constitute a basis for further disciplinary action. In the event this matter is referred to hearing for violation of this Stipulation and Order, this Stipulation and Order shall be admissible as evidence. In the event an alleged violation(s) of this Stipulation and Order is taken to hearing and the facts that constitute the violation(s) are determined to be not proven, no disciplinary action shall be taken by the Board, and this Stipulation and Order shall remain operative and in full force and effect.
9. Upon receipt of the fully executed Stipulation and Order, the Board shall file a motion to vacate the present hearing. Upon receipt of Respondent’s license, the Board shall file a motion to dismiss with prejudice case number DE 2004-008 with the Department of Administrative Hearings. In the event that Respondent fails to tender his license no later than February 12, 2005, the Board shall file a Notice to Reset the Hearing and proceed as set forth in the Notice of Charges and paragraph 8 herein. The Board may allege. a further violation for the failure to perform paragraph 5 herein.
10. In the event Respondent relocates to another state before his license has been placed on permanent inactive status, Respondent shall notify the Board of his change of address within 30 days of such relocation.
11. This Stipulation and Order is a public record in the custody of the Board at all times. As required by law, the Board shall report that Respondent has placed his license on permanent inactive status, which is not an event of discipline.
12. The parties waive any and all appeals of the Stipulation and Order
13. In the event this Stipulation and Order does not become an Order of the Board, it shall be void and. inadmissible in any proceeding or forum for any purpose and Respondent shall not be bound by any Provision therein.
14. This Stipulation and Order shall become effective when accepted by the Board and signed by an authorized Board member or the Board Program Director and served upon Respondent and counsel by first class mail.
AGREED TO AND ACCEPTED BY:
Scott R. McAdoo, D.D.S.
Date: 05 Aug 04
COLORADO STATE BOARD OF DENTAL EXAMINERS
By Karen Brumley
1560 Broadway, #1310
Denver, CO 80202
Effective Date: This 11th day of August, 2004.
APPROVED AS TO FORM:
SHEILA H. MEER, P .C.
Attorney for Respondent
4535 E. Colfax Avenue
Denver, CO 80220
Telephone: (303) 333-6330
Barbara Ezyk, #26031*
Susan Machmer, #14657*
Assistant Attorneys General
Business & Licensing Section
Attorneys for State Board of Dental Examiners
1525 Sherman Street, 5th Floor
Denver, CO 80203
Telephone: (303) 866-5919
*Counsel of Record
This page was posted on September 19, 2004.