Disciplinary Actions against Gerald Vermette, D.D.S.

Stephen Barrett, M.D.


Gerald E. Vermette, D.D.S., who obtained his dental license in 1955, has been disciplined twice by the Maine Board of Dental Examiners for improperly diagnosing and treating "mercury toxicity." In 1991, he signed a consent agreement with the Board under which he (a) acknowledged that the diagnosis and treatment of mercury toxicity is a medical problem for which patients should be referred to a physician, (b) he would no longer diagnose and treat mercury toxicity, (c) he would no longer perform "repopulation of the gut,"administer vitamin C, or administer insulin in the course of his dental practice. In 2011, admitting that he had violated the 1991 order, he signed another agreement (shown below) that if the board receives reliable evidence that he continued to diagnose or treat mercury toxicity it may summarily suspend his license pending an adjudicatory hearing. Vermette is listed as an accredited member in the directory of the International Academy of Oral Medicine and Toxicology (IOMAT), a 700-member group which opposes the use of amalgam and asserts that fluoridation is ineffective and dangerous.


STATE OF MAINE
BOARD OF DENTAL EXAMINERS

In re:
Gerald E. Vermette, D.D.S.
Complaint No. 09-02
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)
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CONSENT
AGREEMENT

INTRODUCTION

This document is a Consent Agreement regarding disciplinary action against the license of Gerald E. Vermette, D.D.S. to practice dentistry in the State of Maine. The parties to this Consent Agreement are: Gerald E. Vermette, D.D.S. ("Dr. Vermette")' the State of Maine Board of Dental Examiners ("the Board") and the Office of the Attorney General ("the Attorney General"). This Consent Agreement is entered into pursuant to 32 M.R.S. § 1077 and 10 M.R.S. § 8003(5).

FACTS

Dr. Vermette is a licensee of the Board.

On or about May 1, 1992, the Board, Dr. Vermette and the Department of Attorney General entered into a consent agreement, in which Dr. Vermette agreed, in part, that:

a. the diagnosis and treatment of mercury toxicity is a medical problem for which patients should be referred to a licensed medical or osteopathic physician; and

b. he would no longer diagnose and treat mercury toxicity.

3. On or about December 11, 2008, the Board received a complaint from patient RP regarding Dr. Vermette. The Board docketed that complaint as Complaint No. 09-02.

4. On or about February 13, 2009, the Board received a response from Dr. Vermette to Complaint No. 09-02, together with a copy of the dental records of patient RP. Patient RP's dental chart included, in part, the following entries:

a. 8/3/95

Vaporaizer, Hg
Amalgameter
Exam
"It's All in Your Head"
Blood Kit

b. 10/12/95 Amalgameter
c. 12/18/95

Dr. V said to follow Vit C program we gave him,
not 1000 mg mom. & nite.
VitC
Magnesium

d. 2/1/01 Mail Vit C
e. 3/7/96

Magnesium
VitC
Can start 1/2 tblsp. lemon juice 3x a day
Continue w / potassium citrate as before 1/4 tsp. twice daily.

f. 6/ 16/96 Clinical Re-exam
[R's] Dr's and Family doesn't want him to go back to Dr. [W]. They feel that he incorrectly administered medicine through chelation. Blood tests show that mercury levels were way down. [RJ is taking magnesium and potassium. Dr. V would like a report on his hair sample. Because of [R's] past medical problems, will remove Hg one tooth at a time or 2 teeth at a time.
g. 12/31/02 Pt. came in for Hg consult, Pt. has many questions and concerns about his health and how HG effects. Pt. was not happy w/Dr. [W], he was chelating before HG was removed totally and pt. became depressed . . . Dr. Vermette spoke w/pt. about metabolic typing. Pt. has B - blood type . . . Reviewed metabolic typing procedure with pt. [Rj'concerned about how he'll react because he's had.a glucose tolerance done and he passed out. Gave fee est. of $150 plus supplements - pt. wants to discuss w/family, will follow up next week. Also reviewed DMSA challenge, will need BUN & Creatine first and will need a Pre/Post test because the only challenge he's ever had was DMPS.

5. On November 13, 2009, the Board held an informal conference with Dr. Vermette regarding Complaint No. 09-02. Following the informal conference, the Board voted to offer Dr. Vermette this Consent Agreement to resolve Complaint No. 09-02.

6. Absent acceptance and filing of this Consent Agreement by Dr. Vermette by signing and dating this Consent Agreement and returning it to Teneale Johnson, Board Executive Secretary, 143 State House Station, Augusta, ME 04333-0143 on or before February 4, 2011, the Board will take further action with regard to Complaint No. 09-02.

7. Dr. Vermette has cooperated with the Board and the Office of Attomey General.

COVENANTS

8. Dr. Vermette admits that the Board has sufficient evidence from which it could conclude that he violated the conditions of the consent agreement that he entered into with the Board on May 1, 1992, by diagnosing and treating mercury toxicity. Dr. Vermette admits that such conduct could constitute unprofessional conduct and grounds for discipline pursuant to 32 M.R.S. § 1077(2)(F).

9. As discipline for the conduct described in paragraph 8 above, Dr. Vermette agrees to a license probation for five (5) years following the execution1 of this Consent Agreement, with the following specific conditions:

1For the purpose of this Consent Agreement, "execution" means the date on which the final signature is affixed to this Consent Agreement.

  1. Dr. Vermette agrees that he will not diagnose or treat mercury toxicity. In complying with this condition, Dr. Vermette agrees that he will not employ any drug or device to measure, diagnose or treat mercury toxicity in any patient (including but not limited to using a vaporaizer or an amalgameter, requesting or performing hair sample analysis, requesting or performing blood testing, requesting or performing metabolic typing, and prescribing vitamin supplements). Nothing in this condition prohibits Dr. Vermette from removing and replacing amalgam fillings at the request of a patient.

  2. Dr. Vermette shall submit
  3. his dental practice to inspections, both announced and/ or unannounced, as directed by the Board Complaint Officer. In complying with this condition, Dr. Vermette shall permit the Board or its agent(s) complete access to his dental practice, including but not limited to all patient records, patient dental radiographs, patient scheduling records, and operatories and dental equipment, and will provide the Board with copies of any records when requested by the Board Complaint Officer or the Board's agent(s). In addition, Dr. Vermette shall provide the Board Complaint Officer, upon written request, with a copy of patient scheduling records and any patient dental record(s}.

  4. Dr. Vermette shall, pursuant to Title 10 M.R.S. § 8003(5)(A-1)(4), pay all costs associated with complying with the terms and conditions of probation, including the cost of any and all office inspections conducted by the Board or its agent(s)

  5. Dr. Vermette understands and agrees that if the Board receives any reliable evidence that he continuesJ continued to diagnose or treat mercury toxicity in patients following the date of the execution of this Consent Agreement, that the Board may summarily suspend his Maine dental license pending an adjudicatory hearing before the Board. The Board shall hold an adjudicatory hearing within sixty (60) days of the summary suspension or as soon thereafter as practicable.

10. Violation of any of the terms or conditions of this Consent Agreement by Dr. Vermette shall constitute grounds for discipline, including but not limited to potential modification, suspension, or revocation of licensure or the denial of re-licensure.

11. Pursuant to 10 M.R.S. § 8003(5)(B) the Board and Dr. Vermette agree that the Board has the authority to issue an order, following hearing, modifying, suspending, or revoking his license in the event that he fails to comply with any of the terms or conditions of this Consent Agreement.

12. This Consent Agreement is not appealable and is effective until modified or rescinded by the parties hereto.

13. The Board and the Attorney General may communicate and cooperate regarding Dr. Vermette's practice or any other matter relating to this Consent Agreement.

14. This Consent Agreement is a public record within the meaning of 1 M.R.S. § 402 and will be available for inspection and copying by the public pursuant to 1 M.R.S. § 408.

15. This Consent Agreement constitutes disciplinary action and is reportable to the National Practitioner Data Bank and the Healthcare Integrity Protection Data Bank.

16. Nothing in this Consent Agreement shall be construed to affect any right or interest of any person not a party hereto.

17. The Board and Dr. Vermette agree that no further agency or legal action will be initiated against him by the Board based upon Complaint No. 09- 02, except or unless he fails to comply with the terms and conditions of this Consent Agreement. The Board may however consider the conduct described above as evidence of a pattern of misconduct in the event that other allegations are brought against Dr. Vermette in the future. The Board may also consider the fact that discipline was imposed by this Consent Agreement in determining appropriate discipline in any further complaints against Dr. Vermette's license.

18. Dr. Vermette acknowledges by his signature hereto that he has read this Consent Agreement, that he has had an opportunity to consult with an attorney before executing this Consent Agreement, that he executed this Consent Agreement of his own free will and that he agrees to abide by all terms and conditions set forth herein.

DATED: Jan 18, 2011

____________________________
GERALD E. VERMETTE, D.D.S.

DATED: Jan 20, 2011

____________________________
PHILIP W. HIGGINS, D.M.D.,
President, Maine Board of Dental Examiners

DATED: Jan 21, 2011

DENNIS E. SMITH
Assistant Attorney General

This page was posted on April 13, 2013

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