BEFORE THE STATE BOARD OF DENTAL EXAMINERS

STATE OF COLORADO
Case No. 2011-004851-B
STIPULATION AND FINAL AGENCY ORDER
IN THE MATTER OF DISCIPLINARY PROCEEDINGS REGARDING THE LICENSE TO
PRACTICE DENTISTRY OF STEPHEN STEIN, D.D.S., LICENSE NUMBER DEN 7149,
Respondent.
IT IS HEREBY STIPULATED by and between Inquiry Panel B of the State Board of
Dental Examiners (the "Board") and Stephen M. Stein, D.D.S. ("Respondent") as follows:
JURISDICTION AND BACKGROUND
1. Respondent was granted a license to practice dentistry in the state of Colorado on or
about February 15, 1994, being issued license number DEN 7149, and has been so licensed at all
times relevant hereto.
2. The Board has jurisdiction over the person of Respondent and the subject matter
of this Stipulation and Final Agency Order ("Stipulation and Order").
3. On June 14, 2011, the Board received an anonymous complaint alleging that
Respondent was misusing controlled substances and had a history of substance abuse. Following
receipt ofthe anonymous complaint, the Board initiated an investigation.
4. On June 22, 2011, the Board held an emergency meeting and, after reviewing
information alleging that Respondent was abusing/misusing controlled substances and diverting
these substances from patients, the Board voted to summarily suspend Respondent's dental
license.
5. On June 24, 2011, Respondent entered into an Interim Cessation of Practice
Agreement ("Interim Agreement") in which Respondent agreed to cease practicing dentistry in
lieu of summary suspension proceedings. The Board and Respondent agreed to enter into the
Interim Agreement pending further evaluation and investigation of Respondent's practice to
determine what further action, if any, was warranted. The Interim Agreement remained in effect
until the effective date of this Stipulation and Order.
6. This Stipulation and Order is a full and final resolution of case number 2011-
004851-B. This Stipulation and Order does not resolve any other cases, complaints or matters,
known or unknown to the Board or Respondent, as of the effective date of this Stipulation and
Order.
FINDINGS AND ADMISSIONS
7. The Board finds and Respondent admits that:
a. Respondent is a licensed dentist who practices oral and maxillofacial surgery.
b. In or around July 1998, Respondent sought treatment for chemical
dependency, including controlled substances. Respondent completed all
treatment recommendations at that time. The Board was not made aware of
Respondent's substance abuse at that time or at any time until the anonymous
complaint was received in June 2011. Respondent was not legally obligated
to report this to the Board.
c. As of June 2011, Respondent was again using controlled substances, including
Vicoprofen and Vicodin.
d. Respondent has been disabled by a substance dependency issue, which he is
continuing to be treated for, that currently impacts his ability to practice
dentistry.
e. Respondent failed to follow all of the requirements set forth in State Board of
Dental Examiners' Rule IX, 3 CCR 709-1 with respect to maintaining a
controlled substance inventory and a complete record of controlled substances
that were dispensed or administered.
f. During the course of its investigation relating to Respondent's use of
controlled substances, the Board reviewed information that Respondent's
practice was not properly handling and wasting unused intravenous
medications.
g. Respondent admits that it is his responsibility to supervise unlicensed persons
in his practice.
FINDINGS AND ALLEGATIONS
8. Respondent acknowledges and the Board finds that, if the Board were to prove the
following allegations at hearing, it would constitute a prima facie violation of the Dental Practice
Law and would subject Respondent to discipline. The Board alleges, and Respondent denies:
a. In 2011, Respondent wrote prescriptions for controlled substances
(Vicodin and Vicoprofen) for patients prior to their procedures and asked the
patients to bring the prescription to the procedure appointment. Respondent then
diverted controlled substances from some of his patients for his personal use and
not for any legitimate professional practice.
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b. In 2011, Respondent was using controlled substances, including Vicodin
and Vicoprofen, and was impaired while practicing dentistry.
c. In 2005, Respondent called in a prescription to a pharmacy under a
patient's name and then went to the pharmacy to pick up the prescription for his
own use.
d. With regard to the failure to properly handle and dispose of unused
intravenous medications, Respondent knew or should have known that following
the use of intravenous medications on a patient, the practice at his dental office
was to save the unused portion of medication and combine the medications into
one syringe to be used on another patient. This practice resulted in the reuse of
syringes and needles. The reuse of syringes and needles fails to meet generally
accepted standards of practice and, as such, infection control procedures as set
forth in State Board of Dental Examiners Rule XVI, 3 CCR 709-1.
e. Respondent failed to properly supervise his assistants relating to the proper
handling and disposing of intravenous medications.
STATUTORY VIOLATIONS
9. Respondent admits and the Board finds that the acts or omissions described in
paragraphs 7 and 8 above, if proven, would constitute violation(s) of section 12-35-129(1) (c),
(e), (i), U), (k) and (ee), C.R.S., which reads:
Section 12-35-129. Causes for denial of issuance or renewal --suspension or
revocation of licenses -- other disciplinary action --unprofessional conduct
defined -- disciplinary panels -- cease and desist. (1) The board may deny the
issuance or renewal of, suspend for a specified time period, or revoke any license
provided for by this article or may reprimand, censure, or place on probation any
licensed dentist or dental hygienist after notice and hearing, which may be
conducted by an administrative law judge, pursuant to the provisions of article 4
of title 24, C.R.S., or it may issue a letter of admonition without a hearing by
certified mail (except that any licensed dentist or dental hygienist to whom such a
letter of admonition is sent may, within twenty days after receipt of the letter,
request in writing to the board a formal hearing thereon, and the letter of
admonition shall be deemed vacated, and the board shall, upon such request, hold
such a hearing) for any of the following causes:
(c) Administering, dispensing, or prescribing any habit-forming drug or any
controlled substance, as defined in section 18-18-1 02(5), C.R.S., to any person,
including himself or herself, other than in the course of legitimate professional
practice;
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(e) Habitually abusing or excessively using any habit-forming drug or any
controlled substance, as defined in section 18-18-1 02(5), C.R.S., or alcohol;
(i) Violating or attempting to violate, directly or indirectly, or assisting in or
abetting the violation of or conspiring to violate any provision or term of this
article or lawful rule or order of the board;
G) Such physical or mental disability as to render the licensee unable to
perform dental or dental hygiene services with reasonable skill and with safety to
the patient;
(k) An act or omission constituting grossly negligent dental or dental hygiene
practice or that fails to meet generally accepted standards of dental or dental
hygiene practice;
(ee) Failure to provide adequate or proper superv1s1on when employing
unlicensed persons in a dental or dental hygiene practice;
RELINQUISHMENT
10. Commencing on the effective date of this Stipulation and Order, Respondent
relinquishes Respondent's license to practice dentistry in the state of Colorado.
11. Respondent is prohibited from engaging in or performing any act constituting the
practice of dentistry in the state of Colorado and from engaging in or performing any act
constituting the practice of dentistry in any other location, state, territory, federal enclave, or
military facility under the authority of Respondent's Colorado license.
12. Respondent's relinquishment shall have the same force and effect as a revocation
ordered by the Board. Pursuant to section 12-35-129(2), C.R.S. Respondent is ineligible to
apply for a new license for at least two (2) years after the effective date of this Stipulation and
Order.
13. Respondent acknowledges that practicing dentistry in Colorado without an active
license is a violation of the Dental Practice Law, violates the terms of this Stipulation and Order,
and may subject Respondent to further disciplinary or criminal action.
14. If Respondent applies for a new license, Respondent must demonstrate continued
competency and shall provide, with his application, a current evaluation by a Board-approved
evaluator (or by the Board's dentist peer health assistance program) which confirms
Respondent's ability to practice dentistry with reasonable skill and safety. Respondent must
comply with and fulfill all other applicable statutory and regulatory requirements and Board rules
and policies then in effect.
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15. The Board may grant or deny Respondent's application or determine that
conditions are required to restrict Respondent's license, including but not limited to further
evaluation, practice restrictions, a term of probation, practice monitoring, treatment monitoring,
continuing education, inspections, admonition, and suspension. The decision concerning
whether or not to grant Respondent's application and, . if so, under what terms, shall rest
exclusively in the discretion of the Board. Respondent hereby waives the right to appeal or seek
judicial review of the Board's decision.
OTHER TERMS
16. Respondent shall comply fully with this Stipulation and Order, the Dental Practice
Law, all Board rules and regulations, and all other laws related to the practice of dentistry.
17. If Respondent relocates outside of Colorado, Respondent shall notify the Board of
the change of address within 30 days of such relocation. Respondent understands that the Board
will notify the board of examiners, or the equivalent regulatory agency, of the jurisdiction to
which Respondent relocates of the existence and terms of this Stipulation and Order.
18. During pendency of the terms of this Stipulation and Order, Respondent shall
attend any meeting with the Board upon 30 days notice from the Board if Respondent resides in
Colorado and upon 60 days notice if Respondent resides out of state.
19. Respondent understands Respondent's right to receive a formal notice of charges
and to have a formal disciplinary hearing pursuant to section 12-35-129(1), C.R.S. By entering
into this Stipulation and Order, Respondent knowingly and voluntarily waives those rights,
admits the facts contained in this Stipulation and Order, other than those facts specifically denied
in paragraph 8, relieves the Board of its burden of proving such facts, and waives the right to
present a defense by oral and documentary evidence. Respondent hereby requests that the Board
accept this Stipulation and Order with the same force and effect as an order entered into as a
result of a formal disciplinary hearing. Respondent further waives the right to appeal or seek
judicial review of the Stipulation and Order entered herein.
20. Respondent acknowledges and agrees that any violation of this Stipulation and
Order is a violation of a lawful Board order pursuant to section 12-35-129(1)(i), C.R.S., is
grounds for further proceedings pursuant to the Dental Practice Law, and may constitute a basis
for further disciplinary action. If this matter is referred to hearing for violation of this Stipulation
and Order, this Stipulation and Order shall be admissible as evidence. If an alleged violation of
this Stipulation and Order proceeds to hearing and the facts that constitute the violation are not
proven, no further disciplinary action shall be taken by the Board, and this Stipulation and Order
shall remain operative and in full force and effect. The pendency of any disciplinary action
pursuant to this Stipulation and Order shall not affect the obligation of Respondent to comply
with the terms ofthis Stipulation and Order.
21. 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 ofthis
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Stipulation and Order. The parties agree that no term of this Stipulation and Order is
unconscionable.
22. All costs and expenses incurred by Respondent to comply with this Stipulation
and Order shall be the sole responsibility of Respondent, and shall in no way be the obligation of
the Board.
23. This Stipulation and Order constitutes the entire agreement between the parties.
There are no other agreements or promises, written or oral, that modify, interpret, construe, or
affect this Stipulation and Order. If a court of competent jurisdiction deems a provision
unenforceable, such provision shall be severed, and the remainder of this Stipulation and Order
shall be given full force and effect.
24. This Stipulation and Order is a public record in the custody of the Board at all
times and shall be reported as required or otherwise authorized by law.
25. This Stipulation and Order shall be effective as a final agency order of the Board
when accepted, signed, and dated by the Program Director or other authorized individual. In the
event this Stipulation and Order does not become an order of the Board, it shall be void and
Respondent shall not be bound by any provisions or admissions herein.
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AGREED TO AND ACCEPTED BY:
...
APPROVED AS TO FORM:
FOR TilE RESPONDENT:
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STATE BOARD OF DENTAL EXAMINERS

By:

1560 Broadway, Suite 1350
Denver, CO 80202 .
l.
EffectiJI: Date: _,4 )
of /TIA , 2012.
FOR THE STATE BOARD OF
DEI\lTAL EXAMINERS, PANEL B
JOHNW. SUfHERS

AJtamey for Respondent Assistant Attorney General
Silver & DeBoskey, P.C. Business and licensing Section
1801 York Street .Attomey for the Colorado Board of Dental Examiners
Denver. CO 80206 Juquiry Paael B
Phone: 303-399-3000 Office of the Attorney General
1525 Shennan Street. 71b Floor
Dellver, CO 80203
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. Direct Dial: 303-8f>6-5278
Facsimile: 303-866-5395
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