Mr. Mario (Mario) Hervas

Discipline Referral Date: November 20, 2020

It is alleged that on or about May 15 2019, the Client had her initial appointment with the Member. The Client was seeking a repair to a loose cap on the upper right side of her fixed bridge. The Member repaired the cap on the bridge; it is alleged that in light of the services sought and/or the intra-oral condition of the Client, the Member ought to have referred the Client to a dental surgeon; it is alleged that at this appointment: a.The Member failed to obtain basic health information from the Client; b.The Member failed to document the appointment; c. The Member demanded $200 in cash from the Client and refused and/or would not provide her with a receipt; and/or d.The Member held himself out as a dentist. It is alleged that approximately one to two months later, the Client returned to the Member. The Client was seeking a repair to a loose cap on her upper bridge. The Member repaired the cap. It is alleged that in light of the services sought and/or the intra-oral condition of the Client, the Member ought to have referred the Client to a dental surgeon. It is alleged that at this appointment: a.The Member failed to obtain basic health information from the Client; b.The Member failed to document the appointment c.The Member demanded $200 in cash from the Client and refused and/or would not provide her with a receipt; and/or d. the Member held himself out as a Dentist. It is alleged that immediately thereafter, the two caps that the Member replaced fell out of the bridge. It is alleged that immediately thereafter, the Client returned to the Member. The Member repaired the caps on the bridge. It is alleged that in light of the services sought and/or the intra-oral condition of the Client, the Member ought to have referred the Client to a dental surgeon. It is alleged that at this appointment: a. The Member failed to obtain basic health information from the Client; b. The member failed to document the appointment. c. The Member demanded $80 in cash from the Client and refused and/or would not provide her with a receipt; and/or d.The Member held himself out as a dentist. It is alleged sometime thereafter, the Client returned to the Member. The Client was seeking assistance as the front cap on the bridge had fallen out. It is alleged that the Member removed several of the front caps despite the fact that the Client did not consent to this. It is alleged that the Client was not satisfied with how the Member reattached the caps to the bridge. It is alleged that in light of the services sought and/or the intra-oral condition of the Client, the Member ought to have referred the Client to a dental surgeon. It is alleged that at this appointment: a. The Member failed to obtain basic health information from the Client; b.The Member failed to document the appointment; and/or c.The Member held himself out as a dentist. It is alleged that approximately three weeks later, the front cap fell out again. It is alleged that on one or more occasions, the Member pushed the Client.

Hearing Date: September 26, 2022 9AM

Hearing Location: Arbitration Place, virtual

Decision Date: October 24, 2022

Refer to document for details

Order: 1. Requiring the Member to appear before the panel to be reprimanded immediately following the hearing of this matter. 2. Directing the Registrar to suspend the Member’s Certificate of Registration for a period of six months, on a date to be selected by the Registrar, to begin once the Member’s Certificate of Registration is reinstated. 3. Directing the Registrar to impose the following specified terms, conditions and limitations on the Member’s certificate of registration, to be completed before the Member’s Certificate of Registration is reinstated: a. Requiring the Member to successfully complete, to the satisfaction of the Registrar and at his own expense, a pre-approved record-keeping course, within four months of the date of this Order; b. Requiring the Member to successfully complete, to the satisfaction of the Registrar and at his own expense, a pre-approved ethics course, within four months of the date of this Order; c. Requiring the Member to attend one mentoring session, at his own expense, with a mentor, pre-approved by the Registrar, to review the issues raised in this case, within four months of the date of this Order; and d. Requiring the Member to successfully complete, to the satisfaction of the Registrar, an essay to the Registrar setting out what the Member has learned from the investigation, hearing, record-keeping course, ethics course, and mentoring session, within six months of the date of this Order

Order: Download

Conditions and Limitiations
Directing the Registrar to impose the following specified terms, conditions and limitations on the Member’s certificate of registration, to be completed before the Member’s Certificate of Registration is reinstated: a. Requiring the Member to successfully complete, to the satisfaction of the Registrar and at his own expense, a pre-approved record-keeping course, within four months of the date of this Order; b. Requiring the Member to successfully complete, to the satisfaction of the Registrar and at his own expense, a pre-approved ethics course, within four months of the date of this Order; c. Requiring the Member to attend one mentoring session, at his own expense, with a mentor, pre-approved by the Registrar, to review the issues raised in this case, within four months of the date of this Order; and d. Requiring the Member to successfully complete, to the satisfaction of the Registrar, an essay to the Registrar setting out what the Member has learned from the investigation, hearing, record-keeping course, ethics course, and mentoring session, within six months of the date of this Order.

Appeal: No

Suspension Start Date: February 1, 2023

Suspension End Date: August 1, 2023

Reinstatement Application Received Date:

Notice of Hearing: Download

Reinstatement Date: August 2, 2023

Date of Undertaking:
May 13, 2020

Type:
Inquiries

Summary:
Mr. Hervas has entered into an undertaking with the College and has agreed to the following: 1. To refrain from any acts, or omissions, that would cause a person to believe that he is a dentist, including but not limited to: 1.1. Using the doctor title 1.2. Failing to correct someone if they refer to him with the doctor title; 1.3. Having any dental instruments or equipment in his office, other than instruments or equipment appropriate to the practice of denturism; and 1.4. Engaging in any dental procedures including but not limited to: 1.4.1. Assessing the physical condition of the oral-facial complex and the diagnosis, treatment and prevention of any disease, disorder or dysfunction of the oral-facial complex; 1.4.2. Performing a procedure on tissue of the oral-facial complex below the dermis, below the surface of a mucous membrane or in or below the surfaces of the teeth; 1.4.3. Restore, repair and/or attach a crown or cap; and 1.4.4. Restore, repair or fabricate any device other than dentures.

Undertaking/Agreement:
Download