LACKAWANNA, N.Y. (WKBW) — It's been almost a year since the 7 News I-Team told you about Dr. Richard Charlap, a Lackawanna dentist, facing claims he mishandled the care of a pregnant woman.
Watch: Dentist says what I did isn't allowed
But since that investigation, there's been no action against him and the dentist continues seeing patients.
Outside his dental office on South Park Avenue, the 7 News I-Team tried to speak with Dr. Charlap. We asked what he's telling his patients, now that he's under investigation by the state. He didn't answer that question, instead telling us we were trespassing and he would call the police.
All of this, about a year after we hear Charlap explain, on a secret recording, that he used a local anesthetic a doctor said he should "refrain" from using. This recording was given to the 7 News I-Team by a former medical assistant. All of this is connected to the dentist's care of Patricia Pachetti. She was pregnant at the time.
"I was believing I was getting a safe medicine for my child and myself," Pachetti said.
FROM THE RECORDING:
Charlap: what I did isn't allowed.
Former medical assistant: I know.
Charlap: Why?
Former medical assistant: Because the note said no epinephrine.
Charlap: Why?
Former medical assistant: Because she's in her first trimester.
Charlap: Bingo. But is it going to do anything to the fetus? The answer is no. Okay? They just don't want us taking chances.
Former medical assistant: Right.
Charlap: I used it because it gives a very profound anesthesia which I needed to have or I wasn't going to get the tooth out.
Former medical assistant: Right.
Charlap: Okay. So that's what I used. Off the record. On the record, I have no idea what you're talking about.
In a letter obtained by the 7 News I-Team, sent by the State Office of Professional Discipline, to that former medical assistant, we've learned the state's investigation is complete. The case is being referred to the prosecution division of the State Education Department for "further action." What that further action is remains unclear.
The dentist's license is overseen by the State Department of Education and ultimately by the State Board of Regents.
It is not overseen by the Department of Health, which is ultimately overseen by Governor Hochul. To that extent, the Governor says she has no control over the investigation into Dr. Charlap.
In July, State Senator Patrick Gallivan said he had no update from the state, expressing frustration over the length of the investigation into Charlap.
Gallivan sent us a statement saying, "our office has not received any update from NYSED on its investigation of Dr. Charlap. I remain frustrated that a final determination has not been made in this case."
He's referring to the care of the pregnant patient, Patricia Pachetti.
Charlap has continued practicing dentistry, seeing patients, even though we hear him say "what I did isn't allowed," in connection to Pachetti's care.
The 7 News I-Team has reached out to the State Education Department — a number of times — trying to get information about the investigation, how it's taken so long and their thoughts about allowing the dentist to continue practicing.
A spokesperson said, "we take all allegations of misconduct and neglect of duties against licensed professionals very seriously."
But because of state law, everything else that hasn't already been released publicly is kept secret.
The state says, "due to confidentiality statutes, we cannot comment on the specifics of Dr. Charlap's case...by law, only final disciplinary actions are public information."
The state has not responded to 7 News I-Team emails about this since late October.
