BEFORE THE MINNESOTA

BOARD OF DENTISTRY

In the Matter of AGREEMENT FOR
the License of CORRECTIVE ACTION
Walter J. Palmer, D.D.S.

License Number: D10102

This agreement is entered into by and between Walter J. Palmer, D.D.S. (?Licensee?),
and the Complaint Committee (?Committee?) of the Minnesota Board of Dentistry (?Board?)
pursuant to the Board?s authority under Minnesota Statutes section 214.103, subdivision 
This agreement is not disciplinary action. See Minnesota Statutes section 214.103,
subdivision 6. However, this agreement is classi?ed as public data pursuant to Minnesota
Statutes section 13.41, subdivision 5.

On January 16, 2009, Licensee and his attorney, David M. Aafedt, met with the
Committee to discuss the matters set forth in paragraph 1, below. The Committee was
comprised of Board members Candace Mensing, D.D.S., and Freeman Rosenblum, D.D.S., and
was represented by Assistant Attorney General Daphne A. 

Licensee does not admit the ?ndings below. However, Licensee agrees that, if proven,
the ?ndings could provide a factual basis to support a violation of the applicable statutes and
rules. Licensee and the Committee hereby agree as follows:

FACTS
1. This agreement is based upon the following facts:
Unprofessional Conduct

a. From July 1999 to January 2005, Licensee employed patient/employee 
as a dental receptionist in his dental practice. From September 1999 to June 2004, Licensee also
provided patient/employee 1 various dental services such as radiographs, prophylaxis, crowns,
root canal therapy, and operative restorations.

b. On April 26, 2005, patient/employee I ?led charges of discrimination

related to gender/sex and employment against Licensee with the! Minnesota Department of

Human Rights (?the Department?). Among her charges, patient/employee 1 alleged that she was
subjected to ongoing and unwelcome sexual harassment by Licensee including, but not limited-
to, verbal comments and physical conduct involving her breasts, buttocks, and genitalia.
Additionally, patient/employee] alleged that she informed Licensee and her supervisor that she
wanted Licensee?s behavior to step, but Licensee failed to cease his harassing conduct. Patient/
employee 1 alleged that she believed Licensee terminated her employment in retaliation for
reporting the conduct. 

c. Licensee was represented by an attorney appointed by his insurance carrier
during the proceedings before the Department.

(1. At a conciliation conference held on December 15, 2006, Licensee?s
insurer, Licensee, and patient/employee I entered into a Settlement Agreement and Release of
Claims (the ?Settlement?) with the Department.

e. Licensee agreed to the Settlement to conclude the matter quickly and
ef?ciently. Licensee did not admit  wrongdoing, as detailed in paragraph 1 of the Settlement.

f. The terms of the Settlement included, but were not limited to, the
following:

1) Licensee?s insurer agreed to pay a total of $127,500 to patient/
employee 1 and her attorney on Licensee?s behalf;

2) A person or entity approved in advance by the Department will
conduct at least three hours of sexual harassment training for Licensee and all employees at
River Bluff Dental, and

3) Licensee will provide patient/employee 1 with a signed letter of
recommendation to show potential employers.

g. Licensee has ful?lled all terms of the Settlement.

h. On April 22, 2008, before the United States District Court, Western
District of Wisconsin, State of Wisconsin, Licensee pled guilty to a federal charge of one count

I for making material false statements regarding a matter within the jurisdiction of the executive

branch of the government of the United States, in violation of'18 U.S.C. section 1001, relating to
a bear-hunting incident. On July 15, 2008, the judge sentenced Licensee to one year of probation
and to pay a ?ne in the amount of $2,938.00.
Substandard Recordkeeping

i. Licensee failed to make or maintain an adeauate patient record for patient!
employee 1. Namely, Licensee failed to properly document in patient/employee 1?s record the
following: an updated medical history; a complete record of the existing oral health status
including, but not limited to, dental caries, missing or unempted (impacted) teeth, restorations,
oral cancer evaluation, hard/soft tissue examination, and periodontal conditions; diagnoses for all
dental treatment; appropriate treatment plans; the patient?s informed consent to dental treatment;
and all medications used and all materials placed during dental procedures. 

j. The Committee ?nds Licensee?s conduct described in paragraphs 1.3.
through 1.i. does not comply with Minnesota Statutes section subdivision 1(6) and
(13), and Minnesota Rules parts and 3100.9600. Accordingly, the Committee

requires and Licensee agrees to the following corrective action, as described below.

CORRECTIVE ACTION
2. Licensee agrees to take the following corrective action:
a. Jurisnrudence Examination. Within 90 days of the effective date of this

 

Agreement, Licensee shall take and pass the Minnesota jurisprudence examination with a score
of at least 75 percent. Licensee may take the juriSprudence examination within the 90?day period
as many times as necessary to attain a score of 75 percent; however, Licensee may take the
examination only once each day. Within 10 days of each date Licensee takes the jurisprudence
examination, Board staff will notify Licensee in writing of the score attained.

b. Coursework. Licensee shall successfully complete the coursework
described below. All coursework must be approved in advance by the Committee. Licensee
is responsible for locating, registering for, and paying for all coursework taken pursuant to this

Agreement. In addition, Licensee shall inform and provide a copy of this Agreement to the

course instructor at the onset of the course. None of the coursework taken pursuant to this
Agreement may be used by Licensee to satisfy any of the continuing dental education]
professional development requirements of Minn. R. 3100.5100. subpart 2.

1) Treatment Planning Recordkeeping. Within nine months of the
"effective date of this Agreement, Licensee shall personally attend and successfully complete the
treatment planning recordkeeping course entitled ?Dental Patient Management: Dental Records
and Treatment Planning Fundamentals? offered at the University of Minnesota School of
DentiStry, or an equivalent course.

2)  Within nine months of the effective date of this
Agreement, Licensee shall complete an individually designed one-onwone course in ethics
offered by Dr. Muriel Bebeau at the University of Minnesota School of Dentistry, or an
equivalent course offered by another practitioner. Licensee?s signature on this Agreement is
authorization for the Committee to communicate with the practitioner before, during, and after
Licensee takes the course about his needs, performance, and progress.

c. Written Reports for Coursework. Within 30 days after completing each

course listed above, Licensee shall submit to the Committee:

1) proof of Licensee?s attendance at the course;
2) copies of all materials used and/or distributed in the course; and
3) Speci?c information addressing how Licensee will incorporate his

recently gained knowledge into Licensee?s practice. Licensee?s reports shall be typewritten in
License?s own words, double-spaced, at least two pages in length, and shall list references used
to prepare the report. Licensee?s report shall also include one sample patient record that includes
the recordkeeping forms Licensee has begun to use in his practice.
OTHER INFORMATION
3. This agreement shall become effective upon execution by the Board?s Executive

Director and will remain in effect until the Committee dismisses the complaint.

4. Upon Licensee's satisfactory completion of the corrective action referenced in
paragraph 2 above, the Committee agrees to dismiss the complaint(s) concerning the matters
referenced in paragraph 1. The Committee shall be the sole judge of satisfactory completion.

5. The Committee and the Board agree that allegations relating to harassment by
Licensee of employees disclosed to the Committee by Licensee before the effective date of this
agreement will not serve as the basis for future investigation or discipline by the Committee.

6. If Licensee fails to complete the corrective action satisfactorily, or if, after
dismissal, the Committee receives additional complaints alleging conduct similar to that
referenced in paragraph 1.h. or the Committee may, at its discretion, reopen the investigation
and proceed according to Minnesota Statutes chapter 150A (the Board?s Practice Act) and
Minnesota Statutes chapters 214 and 14. Licensee agrees that failure to complete the corrective
action satisfactorily is failure to c00perate under Minn. R. 3100.63 50 and may subject Licensee
to disciplinary action by the Board.

7. Licensee has been represented in this matter by David M. Aafedt, Esq.

8. Licensee hereby acknowledges having read and understood this agreement and
having voluntarily entered into it. This agreement contains the entire agreement between the
Committee and Licensee, there being no other agreement of any kind, verbal or otherwise, which

varies the terms of this agreement.

LICENSEE FOR HE COMPLA TC 
at
-.. BY: 

?it/Xian J. PALMER, D.D.S. MARSHALL SHRAGL, \l

Executive Director

Date: {a Date:  9  

AG: #2400756w]