Disciplinary Action against Peter S. Evans, D.D.S.
Stephen Barrett, M.D.
Peter Evans, D.D.S., practices what he calls "holistic," mercury-safe," and "biocompatible" dentistry in Williamsburg, Virginia. In 2003, he signed a consent order (shown below) under which the Virginia Board of Dentistry reprimanded him and fined him $1,000 for identifying his practice as "natural dental care," a phrase that the board said was " misleading to the public and implies a claim of superiority." In 2011, the board expressed concern about ads he had run fbetween 2006 and 2010. One type identified him as a"mercury safe dentist" and used other terms to designate a dental speciality that is not recognized as such. Others stated that he would "provide . . . the best dental care and the best skill and attention," which the board felt was an improper claim of superiority. The matter was settled with a confidential consent agreement in which he promised to "cease and desist from publishing advertisements that do not comport to Board statutes and regulations."
BEFORE THE BOARD OF DENTISTRY
|IN RE:||PETER S. EVANS, D.D.S.
License No. 0401-005980
By letter dated November 25, 2003, the Virginia Board of Dentistry ("Board") noticed Dr. Evans for an informal conference to inquire into allegations that he may have violated certain laws and regulations governing the practice of dentistry in the Commonwealth of Virginia.
In lieu of proceeding to this informal conference, the Board and Dr. Evans, as evidenced by their signatures affixed below, agree to enter into this Consent Order affecting the license of Dr. Evans to practice dentistry in Virginia.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. Peter S. Evans, D.D.S., holds license number 0401- 005980 issued by the Board to practice dentistry in the Commonwealth of Virginia.
2. Dr. Evans is in violation of § 54.1-2706.A(7) of the Code, and 18 VAC 60-20-180 (F) (4) of the Regulations of the Board of Dentistry, in that, he caused to be published an advertisement in the Virginia Gazette, Williamsburg, Virginia, identifying his practice as providing "Natural Dental Care," a phrase that is misleading to the public and implies a claim of superiority.
Peter S. Evans, D.D.S., by affixing his signature hereon, agrees to the following:
1. He has been advised specifically to seek the advice of counsel prior to signing this document;
2. He is fully aware that without his consent, no legal action can be taken against him except pursuant to the Virginia Administrative Process Act, § 2.2-4000 A et seq of the Code of Virginia;
3. He has the following rights, among others:
a. the right to an informal fact-finding conference before the Board;
b. the right to representation by counsel; and
c. the right to cross-examine witnesses against him.
4. He waives all rights to an informal hearing;
5. He admits the truth of the above Findings of Fact; and
6. He consents to the following Order affecting his license to practice dentistry in the Commonwealth of Virginia.
WHEREFORE, on the basis of the foregoing Findings of Fact, Conclusions of Law, and with the consent of the licensee, it is hereby ORDERED that Peter S. Evans, D.D.S. be, and hereby is, REPRIMANDED.
Additionally, it is ORDERED that Dr. Evans shall be assessed a MONETARY PENALTY of one thousand dollars ($1000.00), said penalty to be paid to the Board by certified check or money order within thirty (30) days from the date of entry of this Consent Order. If said monetary penalty is not received within the prescribed deadline, an additional one hundred dollar ($100.00) late fee shall be assessed weekly, up to a maximum of one thousand dollars ($1000.00). Failure to pay the full monetary penalty plus the additional assessment within one hundred (100) days of the date of entry of this Consent Order shall constitute grounds for an administrative proceeding.
Any violation of the foregoing terms and conditions of this Consent Order or any statute or regulation governing the practice of dentistry in the Commonwealth of Virginia may constitute grounds for the suspension or revocation of the license of Peter S. Evans, D.D.S., and an administrative proceeding may be convened to determine whether Dr. Evans' license to practice dentistry in the Commonwealth shall be suspended or revoked.
Pursuant to § 2.2-4023 of the Code of Virginia, the signed original of this Consent Order shall remain in the custody of the Department of Health Professions as a public record and shall be made available for public release, inspection and copying upon request.
FOR THE BOARD:
Sandra K. Reen,
SEEN AND AGREED TO:
Peter S. Evans, D.D.S.
This page was posted on March 15, 2015.