Dentists Richard T. Hansen and
Andrew S. Yoon Charged with Negligence

Stephen Barrett, M.D.


In 2012, the Dental Board of California charged Richard T. Hansen, Jr., D.M.D. and Andrew S. Yoon, D.M.D. with negligently managing a patient who consulted them in 2007 and 2008 about problems with two teeth. After about a year of unsuccessful treatment, the patient obtained a periodontal consultation at Loma Linda University, was found to have obvious and severe periodontal disease, and had both teeth pulled. The Board's complaint (shown below) charges that Hansen and Yoon negligently failed to diagnose and treat the severe periodontal problem, failed to inform him that the probability of saving the teeth was small, and used "laser ozone disinfection" without informing him that it was experimental. The pair operate the Laser Dental Wellness Cancer in Fullerton, California, which offers to "combine the holistic and healthy concepts of using laser dental treatments and biocompatible, biologically safe materials with other natural treatments such as good nutritional support, dental-related homeopathics, and stress-reduction techniques." Hansen's Web sites describe him as "a pioneer in improving the present state of dentistry and finding better, more patient-friendly ways of delivering advanced dental care and improving whole-body health."

In April 2014, the Board amended its complaint to add Hansen's treatment of another patient. In September 2014, Hansen signed a stipulated agreement related to his management of this patient and agreed to pay $12,471.50 for investigative and prosecution costs and to serve on probation for three years.

In 1994, Hansen was disciplined for failing to provide patient records. In 2005, Hansen filed for bankruptcy, listing assets of $389,871and liabilities of $852,581, including $517,193 owed for federal and state income taxes from 1996 through 1999. The bankruptcy trustee's final report said that during the proceedings Hansen tried to conceal additional assets and use forged documents to bolster certain claims and that Hansen's conduct was "the most egregious case of bankruptcy fraud" the trustee had ever encountered. Records at the Orange County Superior Court indicate that between 1998 and 2007, Hansen was a defendant in eight cases of malpractice or negligence and that he and Yoon were jointly sued in two more recent cases.


KAMALA D. HARRIS
Attorney General of California
JAMES M. LEDAKlS
Supervising Deputy Attorney General
RON ESPINOZA
Deputy Attorney General
State Bar No. 176908
110 West "A" Street, Suite 1100
San Diego, CA 92101
P.O. Box 85266
San Diego, CA 92186-5266
Telephone: (619) 645-2100
Facsimile: (619) 645-2061
Attorneys for Complainant

BEFORE THE
DENTAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA


In the Matter of the Accusation Against:

RICHARD THOMAS HANSEN, JR.
1031 Rosecrans Avenue, Suite 104
Fullerton, CA 92633

Dental License No. 26070

and

ANDY SANG YOON
2271 W. Malvern Avenue, #370
Fullerton, CA 92833

Dental License No. 42717

Respondents.

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Case No: DBC 2012 -47

ACCUSATION


Complainant alleges:

PARTIES

1. Richard DeCuir (Complainant) brings this Accusation solely in his official capacity as the Executive Officer of the Dental Board of California, Department of Consumer Affairs, State of California.

2. On or about October 5, 1976, the Dental Board of California issued Dental License Number 26070 to Richard Thomas Hansen, Jr. (Respondent Hansen). The Dental License was in full force and effect at all times relevant to the charges brought herein and will expire on February 15,2013, unless renewed.

3. On or about July 21, 1995, the Dental Board of California issued Dental License Number 42717 to Andy Sang Yoon (Respondent Yoon). The Dental License was in full force and effect at all times relevant to the charges brought herein and will expire on April 30, 2014, unless renewed.

JURISDICTION

4. This Accusation is brought before the Dental Board of California (Board), Department of Consumer Affairs, under the authority of the following laws. All section references are to the Business and Professions Code (Code) unless otherwise indicated.

5. Section 118, subdivision (b), of the Code provides that the suspension, expiration, surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a disciplinary action during the period within which the license may be renewed, restored, reissued or reinstated.

6. Section 1670 of the Code states:

Any licentiate may have his license revoked or suspended or be reprimanded or be placed on probation by the board for unprofessional conduct, or incompetence, or gross negligence, or repeated acts of negligence in his profession, or for the issuance of a license by mistake, or for any other cause applicable to the licentiate provided in this chapter.

7. Section 1685 of the Code states:

In addition to other acts constituting unprofessional conduct under this chapter, it is unprofessional conduct for a person licensed under this chapter to require, either directly or through an office policy, or knowingly permit the delivery of dental care that discourages necessary treatment or permits clearly excessive treatment, incompetent treatment, grossly negligent treatment, repeated negligent acts, or unnecessary treatment, as determined by the standard of practice in the community.

8. Section 1718 of the Code states:

Except as otherwise provided in this chapter, an expired license may be renewed at any time within five years after its expiration on filing of application for renewal on a form prescribed by the board, and payment of all accrued renewal and delinquency fees. If the license is renewed more than 30 days after its expiration, the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the expiration date provided in Section 1715 which next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.

COST RECOVERY

9. Section 125.3 of the Code provides, in pertinent part, that the Board may request the administrative law judge to direct a licentiate found to have committed a violation or violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case.

10. Section 1672, subdivision (a), of the Code states:

When the board disciplines a licensee by placing him or her on probation, the board may, in addition to the terms and conditions described in Section 1671, require the licensee to pay the monetary costs associated with monitoring the licensee's probation.

FACTS

11. On or about December 17, 2007, Patient L.S. saw Respondent Hansen for the first time at his dental practice, Comprehensive Dental Center Associates, for a consultation and examination regarding a possible failed root canal procedure on tooth # 14,1 possible bone loss and infection regarding teeth #'s 14 and 15, and possible sinus infection and penetration by tooth #15. During his examination of Patient L.S., Respondent Hansen found that teeth #'s 14 and 15 had extensive bone loss, tooth # 14 had a failed root canal, and there was periodontal pocketing on teeth #'s 14 and 15, with bleeding on probing and pus exudate. Based on his examination and fmdings, Respondent Hansen developed a treatment plan for Patient L.S., where he would re-treat the root canal for tooth # 14, perform "laser ozone disinfection" on the tooth, and then place a temporary crown. Patient L.S. agreed with the treatment plan and was scheduled for another appointment to begin the work.

1Patient L.S. had a root canal procedure done in 2005 by another dentist.

12. At his next visit on January 2,2008, Patient L.S. saw another dentist, Respondent Yoon, who practiced with Respondent Hansen at Comprehensive Dental Center Associates. For tooth #14, Respondent Yoon removed the permanent crown, re-treated the root canal, including  irrigating the canal with "oxygenated water", and placed a transitional (temporary) crown. Respondent Yoon conducted a "mini bone aug" (bone augmentation/graft) on the distal root of tooth #14. Respondent Yoon also performed "laser ozone disinfection" on the root canal, using a laser and "ozonated water".

13. On January 8, 2008, Patient L.S. again saw Respondent Yoon. Patient L.S. complained to Respondent Yoon that tooth #14 had pain to hot and cold temperature. Upon examination, Respondent Yoon found that tooth #15 had recession and bone loss. A desensitizing agent was placed on tooth # 15 and Patient L.S. was scheduled for a follow-up visit.

14. On January 16, 2008, Patient L.S. again saw Respondent Yoon. Respondent Yoon performed a ''NRG massage" on Patient L.S., as he was experiencing pain on the upper left side of his mouth. Respondent Yoon also gave Traumeel Cream (pain reliever/anti- inflammatory) to . Patient L.S. to put on his face. Respondent Yoon recommended a Neti pot (a ceramic pot used for nasal irrigation with a saline solution) to Patient L.S. for his sinus complaints, showed him how to use it, and Patient L.S. then purchased the Neti pot at Comprehensive Dental Center Associates.

15. On January 22,2008, Patient L.S. saw both Respondents Hansen and Yoon at Comprehensive Dental Center Associates. Respondent Hansen consulted with Patient L.S. regarding teeth #'s 14 and 15. As to the pain he was still experiencing on the upper left side of his mouth, Respondent Hansen told Patient L.S. that it will "take time to help with the discomfort." Respondent Yoon recommended to Patient L.S. finishing the root canal on tooth #14, prepping tooth #l4 for a crown, and splinting teeth #'s 13 and 15 due to bone loss.

16. On February 15,2008, Patient L.S. saw Respondent Yoon to finish the root canal ,r treatment for tooth # 14. Respondent Yoon removed the temporary crown, irrigated canals with "oxygenated water", filed and used a laser on canals, dried the canals with medium paper points, and filled the tooth with MTA (mineral trioxide aggregater)2 and dexamethasone)3. Respondent Yoon then placed three small fiber posts. Tooth #14 was prepped for a crown restoration, including the making of an impression, and a temporary crown placed. Respondent Yoon also performed another ''NRG massage" on Patient L.S.

2Mineral trioxide aggregate is a biocompatible material used to fill the root canals of teeth as part of root canal treatment.

3Dexamethasone is a synthetic steroid commonly prescribed for anti-inflammatory effect.

17. On February 29,2008, Patient L.S. saw Respondent Yoon to finish the crown on tooth #14. A new permanent crown was fused on tooth #14. Respondent Yoon then splinted the new crown to the tooth immediately in front of and behind the new crown.

18. On March 24, 2008, Patient L.S. went to Comprehensive Dental Center Associates' for prophylaxsis (c leaning).

19. On June 20, 2008, Patient L.S. went to Comprehensive Dental Center Associates and had prophylaxsis with spot probing. Patient L.S. complained that his tooth #15 distal area was sensitive to hot, cold, and touch. A Panorex (panoramic) x-ray was taken of the mouth and reviewed by Respondent Hansen.

20. On November 12,2008, Patient L.S. returned to Comprehensive Dental Center Associates and consulted with both Respondents Hansen and Yoon. Patient L.S. indicated that his upper left side hadn't healed yet and he thought there was still infection present. Patient L.S. stated that he felt weaker this year compared to last year. Patient L.S. also mentioned that a week ago, the splinting came off After looking at his x-rays, Respondent Hansen told Patient L.S. that he could see more bone fill, more cloudiness, which was a "good thing." Patient L.S. was told it will take years to heal and both Respondents recommended bone augmentation to add calcium in the area and re-splinting teeth #'s 14 and 15.

21. On November 19, 2008, Patient L.S. returned to Comprehensive Dental Center Associates and new x-rays for teeth #'s 14 and 15 were taken. Patient L.S. was then scheduled for a subsequent visit to see Respondent Hansen to consult regarding the new x-rays and treatment for teeth #' s 14 and 15.

22. On December 2, 2008, Patient L.S. saw Respondent Hansen. Patient L.S. told Respondent Hansen that he thought there was significant bone lost for teeth #'s 14 and 15, and they looked worse. Respondent Hansen explained that for tooth # 15, there was bone lost to the tip of the root and that bone did not appear to have adequately regenerated, but for tooth #14, half of the support tissue looked good.

23. On or about April 2, 2009, Patient L.S. presented to the Loma Linda University School of Dentistry for a periodontal consultation. It was discovered that Patient L.S. had periodontal pocket depths between 2-10 mrn, with localized bleeding on probing and suppuration (pus) on teeth #'s 24, 14, and 15. Teeth #'s 14 and 15 were described as "hopeless," with an indication for extraction. The teeth were extracted without complication on or about May 27, 2009. Patient L.S. was also referred to an ENT (ear, nose and throat) physician for maxillary sinus evaluation. The ENT physician found that Patient L.S. had chronic sinusitis and Patient L.S. underwent sinus surgery for correction of the problem. . .

FIRST CAUSE FOR DISCIPLINE
(Gross Negligence)

24. Respondent Hansen is subject to disciplinary action under Code section 1670 in that he was grossly negligent in his profession with respect to his care and treatment of Patient L.S., as set forth above in paragraphs 11 to 23, which are incorporated herein by reference, in that:

a. Respondent Hansen failed to monitor and perform complete probings of the periodontal pocket depths of Patient L.S.'s mouth, including those related to teeth #'s 14 and 15.

b. Respondent Hansen failed to treat obvious isolated and severe periodontal disease.

SECOND CAUSE FOR DISCIPLINE
(Repeated Acts of Negligence)

25. Respondent Hansen is subject to disciplinary action under Code section 1670 for repeatedly negligent acts in his profession with respect to his care and treatment of Patient L.S., i as set forth above in paragraphs 11 to 23, which are incorporated herein by reference, in that:

a. Respondent Hansen failed to obtain informed consent from Patient L.S. before treatment was initiated. Patient L.S. was not informed about the guarded prognosis and probability of success for the planned treatment of teeth #'s 14 and 15, and that "laser ozone disinfection" was exoerimental.

b. Respondent Hansen failed to monitor and perform complete probings of the periodontal pocket depths of Patient L.S.'s mouth, including those related to teeth #'s 14 and 15.

c. Respondent Hansen failed to diagnose obvious isolated and severe periodontal disease.

d. Respondent Hansen failed to treat obvious isolated and severe periodontal disease.

e. Respondent Hansen failed to refer Patient L.S. for an evaluation by an ENT physician (ear, nose and throat) for his continued sinus problems.

THIRD CAUSE FOR DISCIPLINE
(Knowingly Permitting Gross or Repeated Negligence)

26. Respondent Hansen is subject to disciplinary action under Code section 1685 in that he knowingly permitted the delivery of dental care by Respondent Yoon that was grossly negligent and repeatedly negligent, as alleged in the Fourth and Fifth Causes for Discipline, which are incorporated herein by reference.

FOURTH CAUSE FOR DISCIPLINE
(Gross Negligence)

27. Respondent Yoon is subject to disciplinary action under Code section 1670 in that he was grossly negligent in his profession with respect to his care and treatment of Patient L.S., as set forth above in paragraphs 11 to 23, which are incorporated herein by reference, in that:

a. Respondent Yoon failed to monitor and perform complete probings of the periodontal pocket depths of Patient L.S.'s mouth, including those related to teeth #'s 14 and J 5.

b. Respondent Yoon failed to treat obvious isolated and severe periodontal disease. ;

FIFTH CAUSE FOR DISCIPLINE
(Repeated Acts of Negligence)

28. Respondent Yoon is subject to disciplinary action under Code section 1670 for repeatedly negligent acts in his profession with respect to his care and treatment of Patient L.S., as set forth above in paragraphs 11 to 23, which are incorporated herein by reference, in that:

a. Respondent Yoon failed to obtain informed consent from Patient L.S. before treatment was initiated. Patient L.S. was not informed about the guarded prognosis and probability of success for the planned treatment of teeth #'s 14 and 15, and that "laser ozone disinfection" was experimental.

b. Respondent Yoon failed to monitor and perform complete probings of the periodontal pocket depths of Patient L.S.'s mouth, including those related to teeth #'s 14 and 15.

c. Respondent Yoon failed to diagnose obvious isolated and severe periodontal disease.

d. Respondent Yoon failed to treat obvious isolated and severe periodontal disease.

e. Respondent Yoon failed to refer Patient L.S. for an evaluation by an ENT physician for his continued sinus problems.

f. Respondent Yoon failed to follow the manufacturer's recommendation in placing a moist cotton pellet over the MT A filling material for a minimum of four hours to allow it to set.

SIXTH CAUSE FOR DISCIPLINE
(Knowingly Permitting Gross or Repeated Negligence)

29. Respondent Yoon is subject to disciplinary action under Code section 1685 in that he knowingly permitted the delivery of dental care by Respondent Hansen that was grossly negligent and repeatedly negligent, as alleged in the First and Second Causes for Discipline, which are incorporated herein by reference.

DISCIPLINE CONSIDERATIONS

30. To determine the degree of discipline, if any, to be imposed on Respondent Hansen, Complainant alleges that on or about March 23, 1994, the Dental Board of California issued Citation Number 02-93-1052 for a violation of former Health and Safety Code section 1795.12 (failure to provide patient records) and filled Respondent $250.00. That Citation is now final and the fine has been paid.

PRAYER

WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, and that following the hearing, the Dental Board of California issue a decision:

1. Revoking or suspending Dental License Number 26070 issued to Richard Thomas Hansen, Jr.;

2. Revoking or suspending Dental License Number 42717 issued to Andy Sang Yoon;

3. Ordering Richard Thomas Hansen, Jr., and Andy Sang Yo on to pay the Dental Board of California the reasonable costs of the investigation and enforcement of this case, and, if placed on probation, the costs of probation monitoring;

4. Taking such other and further action as deemed necessary and proper.

DATED: 11/21/12

RICHARD DECUIR
Executive Officer
Dental Board of California
Department of Consumer Affairs
State of California
Complainant

This page was revised on February 11, 2015.

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