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ORK~NAL

1 STATE OF NEVADA
2 BEFORE THE BOAR]) OF DENTAL EXAMINERS
3
~ NEVADA STATE BOARD OF DENTAL
EXAMiNERS, Case No. 74127-02677
5
6 Complainant,
CORRECTIVE ACTION
7 VS. NON-DISCIPLINARY
STIPULATION AGREEMENT
8 GARY D. TOOGOOD, SR., DDS,
9
Respondent.
10 _____________________________________
11
IT IS HEREBY STIPULATED AN]) AGREED by and between GARY D.
12 TOOGOOD, SR., DDS (“Respondent’~ or “Dr. Toogood”), by and through his attorney, LAN
13
HOUSTON, ESQ. of the law firm ALVERSON TAYLOR MORTENSEN & SANDERS, and
14 the NEVADA STATE BOARD OF DENTAL EXAMINERS (the “Board”), by and through
15
DWIGHT W. ME1ERHENRY, DDS, Disciplinary Screening Officer (“DSO”), and the Board’s
16 legal counsel, JOHN A. HUNT, ESQ., of the law firm MORRIS, POUCH & PURDY~ LLP as
17 follows via this Corrective Action Non Disciplinary Stipulation Agreement (“Stipulation
18
Agreement” or “Stipulation”):
19
20
PATIENT, MARK HUSEBY
21
22 1. Via a Notice of Complaint & Request for Records dated January 10, 2014, the Board
23
notified Respondent of a verified complaint received from Mark Huseby. On January 21, 2014,
24 the Board advised Respondent’s attorney that his request for an extension of time to file an
25
answer was granted to and including February 14, 2014. A further extension was granted
26
27 Pagelofli

Morris Pouch & Pnrdy, LLP


Respondent’s initials Respondent’s attorney’s initials
500 S. Ranctsa Drive, Suite 17
Las Vegas, Ncvada 89106
Ph. (702) 862-8300
Fax (702) 862-8400
www.mpplaw.com
through and including March 12, 2014. On March 12, 2014, the Board received Respondent’s
2 attorney’s written response (w/attachments) dated March 12, 2014, to Mr. Huseby’s verified
~ comjilaint, a copy of which was provided to Mr. Huseby on March 31, 2014.
4

2. Based upon the limited investigation conducted to date, DSO, Dwight W. Meierhenry,
6 DDS, believes for this matter and not for any other purpose, including any subsequent civil

action, Respondent’s treatment of patient Huseby was in violation of NAC 63 1.230(1)(c)


8 pursuant to the following:
9 A. Respondent did not properly document the patient’s bruxism prior
placing a cantilever bridge and placing an implant in the area of Teeth #6,
10 7 and 8. Failure to properly address the patient’s bruxism prior placing a
11 cantilever bridge and placing an implant in the area of Teeth #6, 7 and 8
resulted in the failure of the cantilever bridge and the implant placed by
12 Respondent in the ~rea Teeth #6, 7 and 8.
13 C. Respondent’s general reëord keeping and charting regarding treatment
14 planning and diagnosis was unacceptable.
15
16 3. Respondent, without admitting to the opinions of the DSO, Dwight W. Meierhenry, DDS,
17 contained in Paragraph 2 (re: Patient, Mark Huseby), for settlement purposes only, and not for
18 any other purpose (including any subsequent civil action), acknowledges if this matter were to
19 proceed to a full board hearing, a sufficient quantity and/or quality of evidence could be
20 proffered sufficient to meet a preponderance of the evidence standard of proof demonstrating
21 Respondent violated NAC 631 .230(1)(c) as more fully addressed above.
22
23 PATIENT, JILL EVANS
24 4. Via a Notice of Complaint & Request for Records dated November 9, 2012, the Board
25 notified Respondent of a verified complaint received from Jill Evans. On December 3, 2012, the
26

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Respondent’s initials Respondent’s attorney’s initials


Morris Polieh & Piardy, LLP
500 S. Raocho Drive, Suite 17
Las Va955, Nevada 89106
Ph. (702) 862.1300
Pax (102) 862-8400
i’ww.inpplaw.com
Board received Respondent’s written response (wtattachments) dated November 26, 2012, a
2 copy of which, a copy of which was provided to Ms. Evans on February 14, 2013. The Boatd

received dental records from Dr. Sharam Ghodsi regarding Jill Evans, a copy of which was
provided to Respondent and Ms. Evans on June 2, 2014.
5
6 5. Based upon the limited investigation conducted to date, DSO, Dwight W. Meierhemy,

DDS, believes for this matter and not for any other purpose, including any subsequent civil
8 action, Respondent’s treatment of patient Evans was in violation of NAC 631.230(l)(c) pursuant
9
to the followmg:
10 A. Respondent did not properly diagnose and resolve the patient’s
periodontal condition prior to placing implants in the area of Teeth #19 &
11 20. Failure to properly diagnose and resolve the patient’s periodontal
12 condition resulted in the failure of the implants of Teeth #19 & 20.
13 B. Respondent failed chart the patient’s periodontal condition.
14 C. Respondent’s general record keeping and charting regarding treatment
15 planning, and diagnosis wasunacceptable.
16 6. Respondent, without admitting to the opinions of the DSO, Dwight W. Meierhemy, DDS,
17 contained in Paragraph 5 (re: Patient, Jill Evans), for settlement purposes only, and not for an~
18 other purpose (including any subsequent civil action), acknowledges if this matter were to
19 proceed to a frill board hearing, a sufficient quantity and/or quality of evidence could be
2Q proffered sufficient to meet a preponderance of the evidence standard of proof demonstrating
21 Respondent violated NAC 631.230(l)(c) as more frilly addressed above.
22
23 7. Based upon the limited investigation conducted to date, the opinions of the Disciplinary
24 Screening Officer, and the acknowledgements by Respondent contained in Paragraph 3 (rc:
25 Patient, Mark Huseby) and Paragraph 6 (re: Patient Jill Evans), the parties have agreed to
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28-1L~U1
Morris Pouch & Portly, LLP
Respon~€nt’s initials Respondent’s attorney’s initials
500 S. Rataclie Drive, Suite I)
Las Vegas, Nevada 89106
Ph. (702) 862—8300
Fax (702) 862-8400
www.tflpplaw.com
resolve the pending investigations pursuant to the following corrective terms and conditions:
2

A. Respondent’s dental practice shall be monitored for a period of six (6) months
from the adoption of this Stipulation Agreement by the Board (sometimes referred to as
the “monitoring period”). During the six (6) months monitoring period, Respondent shall
5 allow either the Executive Director of the Board and/or an agent appointed by the
Executive Director of the Board to inspect Respondent’s records during normal business
6 horns without notice to inspect and be provided copies of the billing and patient records
for patients requested by an agent(s) assigned by the Executive Director. Respondent
shall provide copies of requested patient records, including but not limited to charts,
8 billing, treatment plans, sedation monitoring, and/or radiographs at Respondent’s expense
at the time of the inspection. During the above-referenced six (6) months monitoring
period, the duties of the agent assigned by the Executive Director shall include, but are
10 not limited to having unrestricted access to observe Respondent performing periodontal,
fixed prosthetic treatments, implants and/or any restorative procedures performed during
11 normal business hours. During the monitoring period, the duties of the agent assigned by
12 the Executive Director shall also include, but are not necessarily limited to, to contacting
patients treated by Respondent.
13
B. In the event Respondent no longer practices dentistry in the State of Nevada prior
14 to completion of the above-referenced six (6) months monitoring period, the monitoring
15 period shall be tolled. In the event the monitoring period is tolled because Respondent
does not practice in the State of Nevada and the terms and conditions of this Stipulation
16 Agreement are not satisfied within twelve (12) months of adoption of this Stipulation
Agreement by the Board, Respondent agrees her license to practice dentistry in Nevada
17 will be deemed voluntarily surrendered with disciplinary action. Thereafter, the Board’s
18 Executive Director, without any further action or hearing by the Board, shall issue an
Order Of Voluntary Surrender with disciplinary action and report same to the National
19 Practitioners Data Bank.
20 C. During the above-referenced six (6) months monitoring period wherein
21 Respondent is practicing dentistry in the State of Nevada, Respondent shall maintain a
daily log containing the following information for any patient(s) who receive periodontal,
22 fixed prosthetic treatments, implants and/or any restorative procedures:
23 1. Name of patient
24 2. Date treatment commenced
3. Explanation of treatment
25 4. Pre & Post bitewings or Pre & Post periapical radiographs
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Respondent’s initials Respondent’s attorney’s initials


Morris Pouch & Purdy. LLP
SUDS. Rancho Drive, Suite ‘7
Las Vegas, Nevada 89106
Ph. (702) 862-8300
Fax (702) a62-8400
www.mpplaw.com
1 The daily log shall be made available during normal business hours without notice. In
addition, during the monitoring period, Respondent shall mail to the Board no later than
2 the fifth (5th) day of the month a copy of the daily log(s) for the preceding calendar month
(for example: by May 5, Respondent shall mail to the Board a copy of daily logs for the
month of April) (hereinafter “monthly log mailing requirement”). Respondent
4 acknowledges failure to comply with the monthly log mailing requirement shall be an
5 admission of unprofessional
daily log upon request by an conduct.
agent of In
theaddition, failure
Board shall to admission
be an maintain and/or provide the
of unprofessional
6 conduct. Upon receipt of substantial evidence that Respondent has either failed to comply
with the monthly log mailing requirement, failed to maintain or has refused to provide the
7 dailyioguponrequestby_anagent assignedhyiheExecutive Director, orRespondent has
8 refused to provide copies of patient records requested by the agent assigned by the
Executive Director, Respondent agrees his license to practice dentistry in the State of
9 Nevada shall be automatically suspended without any further action of the Board other
than the issuance of an Order of Suspension by the Executive Director. Thereafter,
10 Respondent may request, in writing, a hearing before the Board to reinstate Respondent’s
11 license. However, prior to a full Board hearing, Respondent waives any right to seek
judicial review, including injunctive relief from any court of competent jurisdiction,
12 including a Nevada Federal District Court or Nevada State District Court to reinstate her
privilege to practice dentistry in the State of Nevada pending a final Bpard hearing.
13 Respondent shall also be responsible for any costs or attorney’s fees incurred in the event
14 the Board has to seek injunctive relief to prevent Respondent from practicing dentistry
during the period Respondent’s license is automatically suspended.
15
16 D. In addition to completing the required continuing education, Respondent shall
17 obtain Twenty-four (24) hours of supplemental continuing education pertaining to the
following areas/matters:
18
1. Four (4) horns re: diagnosis and treatment of bruxism;
19 2. Eight (8) horns re: diagnosis and treatment of periodontal conditions;
20 3. Eight (8) horns re: diagnosis and placement of implants;
4. Four (4) hours re: record keeping, charting and treatment planning.
21
22 Information,
in writing to documents, and/or
the Executive description
Director of supplemental
of the Board education
for approval prior to must be submitted
attendance. Upon
23 the receipt of the written request to attend the supplemental education, the Executive
Director of the Board shall notify Respondent in writing whether the requested
24 supplemental education is approved for attendance. Respondent agrees fifty percent
25 (50%) of the supplemental education in each category shall be completed through
attendance at live lecture and/or hands on clinical demonstration and the remaining fifty
26 percent (50%) percent of the supplemental education in each category may be completed

28 _____ Page5ofll
Respondent’s initials Respondent’s attorney’s initials
Morris Pouch & Psirdy, LLP
500 S. Rssscho Drive, Suite I
La≤ V~5sisi, Nevada 89106
Ph. (702) 862-8300
Fax (102) 862-8400
wwwanpplawcom
1 through online/home study courses. The cost associated with this supplemental education
shall be paid by Respondent. All of the supplemental e4ucation must be completed
2 within six (6) months of the adoption of this Stipulation Agreement by the Board. In the
3 event Respondent fails to complete the supplemental education set forth in Paragréph
7.11, within six (6) months of adoption of this Stipulation Agreement by the Board,
4 Respondent agrees his license to practice dentistry in the State of Nevada may be
5 automatically
of an Order suspended without
of Suspension by any
the ffirther
Board’saction of the Board
Executive otherUpon
Director. than the issuance
Respondent
6 submitting written proof of the completion of the supplemental education and paying the
reinstatement fee, Respondent’s license to practice_dentistry in the State of Nevada will
7 automatically be reinstated by tho Board’s Executor Director, assuming Respondent is in
8 compliance will all other provisions of this Stipulation Agreement. Respondent agrees to
waive any right to seek injunctive relief from any court of competent jurisdiction,
9 including a Federal or State of Nevada District Court to prevent the automatic suspension
of Respondent’s license to practice dentistry in the State of Nevada due to Respondent’s
10 failure to comply with Paragraph 7.11 Respondent shall also be responsible for any
costsor attorney’s fees incurredin the event theBoardhastoseekinjunetiverelief to
prevent Respondent from practicing dentistry during the period Respondent’s license is
12 automatically suspended.
13 E. Respondent agrees to reimburse the Board for the cost of the investigation related
14 to this Stipulation Agreement in the amount of Five Thousand Six Hundred & Eighty-
four Dollars ($5,684.00). Payment shall be due within thirty (30) days of the Board
15 adopting this Stipulation. Payment shall be made payable to the Nevada State Board of
Dental Examiners and mailed directly to 6010 S. Rainbow Blvd., Suite Al, Las Vegas,
16 Nevada 89118.
17 F. Respondent agrees to reimburse Mark Huseby in the amount of Three thou~and&
18 Fifty-three andxx/l00 Dollars ($3,053.00) relative to matters addressed above regarding
Mr. Huseby. In addition Respondent will waive any and all arnowits due and withdraw
19 any collection efforts and negative credit report on amounts due and owing. Payment of
20 the $3,053.00 shall je made with thirty (30) days of the Board adopting this Stipulation.
Respondent shall deliver/mail to the Board (6010 S. Rainbow Blvd., Suite Al, Las
21 Vegas, Nevada 89118) checks made payable to Mark Huseby.
22 o. Respondent agrees to reimburse Jill Evans in the amount of Four Thousand Eight
23 Hundred & Ninety-eight and xxIlOO Dollars ($4,898.00) relative to matters addressed
above regarding Ms. Evans. Payment of the $4,898.00 shall be made with thirty (30) days
24 of the Board adopting this Stipulation. In addition Respondent will waive aiiy and ‘all
25 amounts due and withdraw any collection efforts and negative credit report on amounts
due and owing. Respondent shall deliver/mail to the Board (6010 S. Rainbow Blvd.,
26 Suite Al, Las Vegas, Nevada 89118) checks made payable to Jill Evans.

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Respondent’s initials Respondent’s attorney’s initials


Morris Pouch & Purdy, LU’
500 S. Rancho Drive, Suite 17
Las ye855, Nevada 89106
Ph. (702) 862-8300
F.x (702) 862-8400
www.mpplaw.com
1
H. In the event Respondent defaults on any of the payments set forth in Paragraphs
2 7.E., 7.F. and/or 7.G. Respondent agrees his license to practice dentistry in the State of
3 Nevada may be automatically be suspended without any further action of the Board other
thafl issuance of an Order of Suspension by theBoard’s Executive Director. Subsequent
4 to the issuance of the Order of Suspension, Respondent agrees to pay a liquidated damage
5 amount on
default ofthe
Twenty Five of
payment(s) andany
xx/100
of the Dollars
amounts($25.00)
set forth for each day Respondent
in Paragraphs is in
7.E., 7.1?. and/or
6 7.G. Upon curing the default of the applicable defaulted in Paragraphs 7.E., 7.F. and/or
7.G. and paying the reinstatement fee, Respondent’s lidense to practice dentistry in the
7 State of Nevada will automatically be reinstated by the Board’s Executor Director,
8 assuming there are no other violations by Respondent of any of the provisions contained
in this Stipulation Agreement. Respondent shall also~ be responsible for any costs or
9 attorney’s fees incurred in the event the Board has to seek injunctive relief to prevent
Respondent from practicing dentistry during the period in which his license is suspended.
10 Respondent agrees to waive any right to seek injunctive relief from any court of
11 competent jurisdiction, including a Nevada Federal District Court or a Nevada State
District Court to reinstate his license prior to curing any default on the amounts due and
12 owing as addressed above.
13 F. In the event Respondent fails to cure any defaults in payment within forty-five
14 (45) days of the default, Respondent agrees the amount may be reduced to judgment.
15 G. Respondent waives any right to have any of the amount(s) owed pursuant to
16 pursuant to this Stipulation discharged in bankruptcy.
17
18 CONSENT
19 8. Respondent has read all of the provisions contained in this Stipulation Agreement and
20 agrees with them in their entirety.
21
22 lespondent is aware by entering into this Stipulation Agreement he is waiving certain
23 valuable due process rights contained in, but not limited to, NRS 631, NAC 631, NRS 233B and
NAC 233B.
24
25 . . .
10. Respondent expressly waives any nght to challenge the Board for bias in decidmg
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Respondent’s initials Respondent’s attorney’s initials


Morris Polith & Purdy, LLP
5005. Rasicho Drive, Suite Il
Las Vegas, Nevada 89106
Ph. (702) 862-8300
Fax (702) 862-8400
www.inpplaw.com
1 whether or not to adopt this Stipulation Agreement in the event this matter was to proceed to a
2 full Board hearing.
3
11. Respondent and the Board agree any statements and/or documentation made or
considered by the Board during any properly noticed open meeting to determine whether to

6 adopt or reject this Stipulation Agreement are privileged settlement negotiations and therefore
such statements or documentation may not be used in any subsequent Board hearing or judicial
review, whether or not judicial review is sought in either the State or Federal District Court.
8
9
10 12. Respondent acknowledges he has read this Stipulation Agreement. Respondent
acknowledges he has been advised he has the right to have this matter reviewed by independent
11
12 counsel and he has had ample opportunity to seek independent counsel. Respondent has been
specifically informed he should seek independent counsel and advice of independent counsel

14 would be in Respondent’s best interest. Having been advised of his right to independent counsel,
15 as well as had the opportunity to seek independent counsel, Respondent hereby acknowledges he
16 has reviewed the Stipulation Agreement with his attorney, IAN HOUSTON, ESQ. of the law
firm ALVERSON TAYLOR MORTENSEN & SANDERS, who has explained each and every
17
provision contained in this Stipulation Agreement to Respondent.
18
1 ~ 13. Respondent acknowledges he is consenting to this Stipulation Agreement voluntarily,
20 without coercion or duress, and in the exercise of his own free will.
21
22 14. Respondent acknowledges no other promises in reference to the provisions contained in
23 this Stipulation Agreement ha’~’e been made by any agent, employee, counsel or any persbn
24 affiliated with the Nevada State Board of Dental Examiners.
25
26 15. Respondent acknowledges the provisions in this Stipulation Agreement contain the entire
agreement between Respondent and the Board and the provisions of this Stipulation Agreement
can only be modified, in writing, with Board approvaL
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Morris Pouch & Purdy, LIP
SODS. Rancho Drive, Suite 17 ___________
sV~s.4ov~da89lO6 Respondent’s initials - Respondent’s attorney’s initials
Fax (702) 862-8400
www.mpplaw.com . -
1
2 16. Respondent agrees in the event the Board adopts this Stipulation Agreement, he hereby•
waives any and all rights to seek judicial review or otherwise to challenge or contest the validity
of the provisions contained herein.

S
6 17. Respondent and the Board agree none of the parties shall be deemed the drafter of this
Stipulation Agreement. In the event this Stipulation Agreement is construed by a court of law or
equity, such court shall not construe it or any provision hereof against any party as the drafter.
8 The parties hereby acknowledge all parties have contributed substantially and materially to the
~ preparation of this Stipulation Agreement.
10
11 18. Respondent specifically acknowledges by his signature herein and by his initials at the~
12 bottom of each page of this Stipulation Agreement, he has read and understands its terms and
13 acknowledges he has signed and initialed of his own free will and without undue influence,
14 coercion, duress, or intimidation.
15
16 19. Respondent acknowledges in consideration of execution of this Stipulation Agreement,
Respondent hereby releases, remises, and forever discharges the State of Nevada, the Board, and
each of their members, agents, employees and legal counsel in their individual and representative
18 egpacities, from any and all manner of actions, causes of actiOn, suits, debts, judgments,
19 executions, claims, and demands whatsoever, known and unknown, in law or equity, that
20 Respondent ever had, now has, may have, or claim to have against any or all of the persons or
21 entities named in this section, arising out the complaint(s) of the above-referenced Patient(s).
22
23 20. Respondent acknowledges in the event the Board adopts this Stipulation Agreement, it
24 may be considered in any ifiture Board proceeding(s) or judicial review, whether such judicial
25 review is performed by either the State or Federal District Court(s).
26
21. This Stipulation Agreement will be considered by the Board in an open meeting. It is
understood and stipulated the Board is free to accept or reject this Stipulation Agreement and if it
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Morris Pouch Sc hardy, LLP
500 S. Raatcho Drive, Suite 17 - . . . .
Las Vcgas,Ncvada 89106 Respondent’s initials Respondent’s attorney’s initials
Fax (702) 862-8400
www.mppiaw.com
1 is rejected by the Board, the Board may take other and/or further action as allowed by statute,
2 regulation, and/or appropriate authority. This Stipulation Agreement will only become effective
3 when the Board has approved the same in an open meeting. Should the Board adopt this Non-
Disciplinary Corrective Action Stipulation Agreement, such adoption shall be considered a fmal
4
disposition of a contested case and will become a public record and is not reportable to the
5
National Practitioner Data Bank.
6
7
DATED thi~D~. day of , 2014.
8
9
10
GARY IX TOOGOOD, SR., DDS
11 Respondent
12
13 APPROVED AS TO FORM AN]) CONTENT
14
15 By this ~ttyof ~ ,2014.
16 Tan Houston, Esq.
Alverson Taylor Mortensen & Sanders
17 Respondent’s Attorney
18 rrj~
APPROVED A) TO FORM AND C
19
20
4
Hunt, Esq.
4 Polich & Purdy, LLP
ounsel
2

2 AND CONTENT

26 ~QAj~hi$Z~ day of
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gOffice
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PagelOofli
Mains Pouch & Purdy, LLP
$00 S. Rancho Drive, Suite I
Las Vegas, Nevada 89106
Ph. (702) 862.8300
Respondent’s initials Respondent’s attorney’s initials
Fax (702) 862-8400
www.mpplaw.com
1
2 BOARD ACTION
3
This Corrective Action Non-Disciplinary Stipulation Agreement in the matter captioned
4
as Nevada State Board of Dental Examiners vs. Gary D. Toogood. Sr., DDS. case no. 74127-

6 02677 was (check appropriate action):


7 Approved ~ Disapproved
8 by a vote of the Nevada State Board of Dental Examiners at a properly noticed meeting.
9
DATED this 27 day of f&iit ,2014.
10
11 (~~Iresideni~~
12
13 NEVADA STATE BOARD OF DENTAL EXAMINERS
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Pagellofli
Morris Pouch & Purdy, LLP
5005. Rancho Drive, Suite II
Las Vegas,Ncvsds 89106 Respondent’s initials Respondent’s attorney’s initials
Ph. (102) 862-8300
Fax (102) 862-8400
www.mpplaw.com

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