8-K

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of Earliest Event Reported): January 30, 2008

Biolase Technology, Inc.
__________________________________________
(Exact name of registrant as specified in its charter)

Delaware	000-19627	87-0442441
_____________________ (State or other jurisdiction	_____________ (Commission	______________ (I.R.S. Employer
of incorporation)	File Number)	Identification No.)
4 Cromwell, Irvine, California		92618
_________________________________ (Address of principal executive offices)		___________ (Zip Code)

Registrant’s telephone number, including area code: 949-361-1200

Not Applicable
______________________________________________
Former name or former address, if changed since last report

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

[  ]  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[  ]  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[  ]  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[  ]  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

(c) Appointment of Fred Capallo as Interim Chief Financial Officer

On February 1, 2008, Biolase issued a press release announcing that, effective January 30, 2008, it had appointed Fred Capallo as interim Chief Financial Officer of Biolase. In addition to his current compensation as Controller, Mr. Capallo will receive $15,000 and an option to purchase 15,000 shares of Biolase common stock at $4.00 per share as consideration for his service as interim Chief Financial Officer. The option was granted on January 30, 2008 and vests in full on the one year anniversary of the grant.

Mr. Capallo, 48, is currently the Corporate Controller of Biolase. Mr. Capallo joined the company in May 2006 as a consultant and was named Corporate Controller in November 2006. From 1995 until 2005, Mr. Capallo was Director of Corporate Accounting for Irvine-based Interpore International, Inc., a designer, manufacturer and distributor of orthopedic products including spinal implants, bone graft material and mini mally invasive products. At Interpore, Mr. Capallo managed all functions of the accounting department and directed corporate finance activities including annual and quarterly reports to the SEC.

There is no arrangement or understanding pursuant to which Mr. Capallo was selected as interim Chief Financial Officer, and there are no related party transactions between Biolase and Mr. Capallo reportable under Item 404(a) of Regulation S-K.

A copy of the press release announcing the appointment of Mr. Capallo as interim Chief Financial Officer and certain other matters is furnished as Exhibit 99.1 and incorporated into this Item 5.02 by reference.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	Biolase Technology, Inc.
February 5, 2008	By:	/s/Jake St. Philip
		Name: Jake St. Philip
		Title: Chief Executive Officer

Exhibit Index

Exhibit No.	Description
99.1	Press Release of BIOLASE Technology, Inc. dated February 1, 2008.

EX-99.1

Exhibit 99.1

BIOLASE NAMES FREDERICK M. CAPALLO INTERIM CHIEF FINANCIAL OFFICER

IRVINE, CA (February 1, 2008) . . . BIOLASE Technology, Inc. (NASDAQ:BLTI), the world’s leading dental laser company, announced today that it has appointed its Corporate Controller Frederick M. Capallo as Interim Chief Financial Officer of the Company, effective January 30. He is assuming the responsibilities of Richard L. Harrison who left the Company effective January 2. A national executive search to fill the permanent CFO position is underway.

Capallo, 48, has more than 20 years of financial experience with medical device companies. He joined BIOLASE as a consultant in May 2006 and was named Corporate Controller in November 2006.

Jake St. Philip, Chief Executive Officer, said, “Fred’s extensive financial background and experience at the Company make him the logical choice to administer the financial aspects of the organization during this interim period. We appreciate his stepping up to the task, and we look forward to his continued contributions.”

Prior to joining BIOLASE, Capallo spent ten years as Director of Corporate Accounting for Irvine-based Interpore International, Inc., a designer, manufacturer and distributor of orthopedic products including spinal implants, bone graft material and minimally invasive products.

Capallo is a Certified Public Accountant. He received a Masters of Business Administration from the University of Baltimore and a bachelor’s degree in accounting from Salisbury State University in Maryland.

About BIOLASE Technology, Inc.
BIOLASE Technology, Inc. (http://www.biolase.com), the world’s leading dental laser company, develops, manufactures and markets lasers and related products that advance the practice of dentistry and medicine. The Company’s products incorporate patented and patent pending technologies designed to provide clinically superior performance with less pain and faster recovery times. BIOLASE’s principal products are dental laser systems that perform a broad range of dental procedures, including cosmetic and complex surgical applications. Other products under development address ophthalmology and other medical and consumer markets.

This press release may contain forward-looking statements within the meaning of safe harbor provided by the Securities Reform Act of 1995 that are based on the current expectations and estimates by our management. These forward-looking statements can be identified through the use of words such as “anticipates,” “expects,” “intends,” “plans,” “believes,” “seeks,” “estimates,” “may,” “will,” and variations of these words or similar expressions. Forward-looking statements are based on management’s current, preliminary expectations and are subject to risks, uncertainties and other factors which may cause the Company’s actual results to differ materially from the statements contained herein, and are described in the Company’s reports it files with the Securities and Exchange Commission, including its annual and quarterly reports. No undue reliance should be placed on forward-looking statements. Such information is subject to change, and we undertake no obligation to update such statements.

For further information, please contact: Jill Bertotti, of Allen & Caron, +1-949- 474-4300.

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