Disciplinary Action against Richard Vander Heyden, D.D.S. (2003)


Electroacupuncture according to Voll (EAV) is a diagnostic system claimed to diagnose organ dysfunction by detecting imbalances of the flow of "electromagnetic energy" through "acupuncture meridians." EAV devices lack FDA approval as diagnostic devices and have no legitimate value. In July 2005, the Wisconsin Dentistry Examining Board revoked the license of Richard Vander Heyden, D.D.S., of Green Bay, Wisconsin, for "practice beyond the scope of . . . dentistry" and unprofessional conduct related to the use of two EAVdevices (Dermatron and Interro). Although Vander Heyden claimed that he used the devices for research purposes, he refused to provide the board with any experimental thesis, protocol, data, or patient records. In 1991, Vander Heyden was reprimanded and assessed $550 for "unprofessional conduct in allowing claims to be filed for services not actually rendered" and participating in a fee-splitting arrangement with a massage therapist without disclosure of the arrangement to patients. The document below is the Complaint.


STATE OF WISCONSIN
BEFORE THE DENTISTRY EXAMINING BOARD

In the Matter of
Disciplinary Proceedings Against

Richard L. Vender Hayden, D.D.S.,
Respondent

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Complaint

The Division of Enforcement alleges that:

  1. Richard L. Vander Heyden, DDS ("Respondent") was born on August 27,1953, and is licensed to practice dentistry in the state of Wisconsin pursuant to license number 5002025, first granted on June 9, 1978.
  2. On December 12,1988, Patient KP, a female born June 22,1955, presented to Respondent with complaints of dental pain.
  3. On December 15, 1988, using a device operating on the principles of electric acupuncture according to Voll (EAV), Respondent diagnosed KP's condition as a reaction to permanent composite restorations that had been placed by her preceding dentist.
  4. Beginning on December 28, 1988, Respondent began removing KP's dental restorations and replacing them with IRM, a type of temporary dental restoration.
  5. During the period February 23, 1989 through November 8, 1994, Respondent extracted all of KP's teeth.
  6. Respondent's diagnostic basis for extracting KP's teeth was an EAV device.
  7. Between December 1988 and November 1994, Respondent used the EAV device to diagnose that KP was suffering from multiple systemic diseases and allergies.
  8. Between December 1988 and November 1994, Respondent used the EAV device to determine what specific substances KP should ingest to treat the multiple systemic diseases and allergies diagnosed by the EAV device.
  9. Between December 1988 and November 1994, Respondent used the EAV device to produce substances for KP to ingest as specifics for the conditions diagnosed by the EA V device
  10. Respondent's use of the EAV to prescribe treatments for systemic diseases and allergies is practice beyond the scope of his license to practice dentistry, and is unprofessional conduct defined by s. DE 5.02(3), Wis. Admin. Code.
  11. Respondent's use of the EAV to create substances for the treatment of systemic diseases and allergies is practice beyond the scope of his license to practice dentistry, and is unprofessional conduct defined by s. DE 5.02(3), Wis. Admin. Code.
  12. On September 10, 1998, Patient Brian Daementar presented to Respondent for evaluation of his dental condition and preparation of a proposed treatment plan.
  13. Respondent used an EAV device on Mr. Daementar to diagnose the existence and cause of systemic disorders, and to prepare a substance for Mr. Daementar to ingest to treat the conditions.
  14. Respondent's use of the EAV device to diagnose any condition, determine the treatment for the condition, or produce the substances to be used in treating the condition, was in violation of the regulations governing medical devices in 21 CFR Part 800 et seq.
  15. Respondent knew or should have known that the EAV device was not approved for the uses to which he put it in treating Patient KP and Patient Brian Daementar.
  16. Respondent's use of the EAV on Patient KP and Patient Brian Daementar is unprofessional conduct as defined in s. 447.07(3)(f), Stats.
  17. Respondent's use ofthe EAV to diagnose systemic diseases and allergies is practice beyond the scope of his license to practice dentistry, and is unprofessional conduct defined by s. DE 5.02(3), Wis. Admin. Code.
  18. On July 15, 2003, the Division of Enforcement requested Respondent to participate in an interview August 15, 2003, to obtain information relating to his treatment of Patient KP and Brian Daementar.
  19. On August 15, 2003, Respondent informed the Division that he would not participate in the interview, but would provide written information within ten days.
  20. On August 26, 2003, Respondent delivered a document purporting to be a "Demurrer to Spurious Subpoena Tecum with Challenge of Authority and Competency of Issuing Official and Official Notice of Non-Waiver of Rights" in which he alleged that the Dentistry Examining Board has no authority in this matter and demanding payment of $2,000,000.00 in gold or silver for violation of his right to his time and privacy in the matter of the investigative interview that he refused.
  21. Respondent's refusal to cooperate with the regulation of his practice of dentistry is unprofessional conduct within the meaning of s. 447.07(3)(a), Stats.

Wherefore, the Division requests that the Dentistry Examining Board hear the evidence relevant to these allegations, determine and impose the discipline appropriate, and impose the costs of the proceeding on Respondent.

Dated December 19, 2003.

STATE OF WISCONSIN
COUNTYOF DANE

Celina Kobs, being first duly sworn on oath deposes and says that she is an investigator for the State of Wisconsin, Department of Regulation and Licensing, Division of Enforcement, and that she has read the foregoing Complaint and knows the contents thereof and that the same is true to her own knowledge, except as to those matters therein stated on the information and belief and as to such matters, she believes them to be true.

Celina Kobs
State of Wisconsin
Department of Regulation and Licensing
Division of Enforcement
1400 East Washington Avenue
P.O. Box 8935
Madison, WI 53708-8935

Subscribed and sworn to before me this 19th of December, 2003.


_________________________
Notary Public
My Commission is permanent

James E. Polewski
Attorney for Complainant
Department of Regulation and Licensing Division of Enforcement
P.O. Box 8935
Madison, WI 53708-8935 608/266-0358

This page was revised on July 28, 2005.

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