NEW JERSEY STATE BOARD OF DENTISTRY PUBLIC SESSION MINUTES BOARD OFFICE NEWARK, NEW JERSEY FEBRUARY 16, 2011

NEW JERSEY STATE BOARD OF DENTISTRY PUBLIC SESSION MINUTES BOARD OFFICE NEWARK, NEW JERSEY FEBRUARY 16, 2011 The meeting was called to order by Dr....
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NEW JERSEY STATE BOARD OF DENTISTRY PUBLIC SESSION MINUTES

BOARD OFFICE NEWARK, NEW JERSEY

FEBRUARY 16, 2011

The meeting was called to order by Dr. Emil Cappetta. ATTENDANCE:

The following members were in attendance: Shirley Birenz, RDH; Mr. Steven Brisgel; Emil Cappetta, DMD; Sheila Dashkow, DMD; Lydia David, DMD; Maxine Feinberg, DDS; Mr. Jerome Fernandez; Arnold Rosenheck, DMD

ABSENT AND/OR EXCUSED: Peter DeSciscio, DMD; Herbert Dolinsky, DDS; Alexander Hall, DMD; Beverly Kupiec, RN, Ph.D. OTHER ATTENDEES:

I. II.

Deputy Attorneys General Miller and Oo; Executive Director, Jonathan Eisenmenger; Cecilia Moreira, Senior Management Assistant

APPROVAL OF MINUTES

January 19, 2011 - Approved as amended.

EXECUTIVE DIRECTOR’S REPORT 1. The Board was provided with a copy of the re-adoption of the regulations. 2. The Board was provided with a copy of the periodic report on legislation.

III. COMMITTEE REPORTS: (Tabled from the February 2, 2011 meeting.) 1. Credentials: Lillian Maja, RDH (reciprocity) - Took Canadian National Hygiene exam and the clinical exam in Canada. Practiced from 1986 to 2008. Her school was CODA approved since 1982. The committee recommended that CODA be contacted to obtain specifics about the Canadian National Hygiene exam and the Canadian clinical exam to determine whether the tests are substantially similar to those offered in the United States. Mary Driscoll-Hodgson, RDH (reciprocity) - Tabled for next agenda. Karen Smith, RDA - Application for dental assistant registration. The committee indicated that she must show two years of work experience, and pass the expanded functions exam (she took a short course). She must also resubmit the application with accurate dates. Catherine Cornelius, RDH (reciprocity) - Application for a dental hygiene license. The committee recommends approval.

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Jennifer Meyers, RDA - Application for dental assistant registration. The committee recommends approval. Dr. Mohamed Kamel - Limited teaching certificate - approved with letter that clarifies where he may practice dentistry (at the dental school and its clinical facilities). Dr. Ursula Klostermyer - Application for Limited Teaching Certificate. The committee recommends approval with a letter that clarifies where he may practice dentistry (at the dental school and its clinical facilities). Dr. Gopi Krishna - Passed the WREB in 2006 and is in her last year of residency (OMS) at NYU. The committee recommends that she send in an application, with individual scores on each part of the WREB and state the location where she has practiced (one place) for five years. Dr. Julia Abend - Application for a dental license. The committee recommends approval. Dr. Jeffrey Ingber (reciprocity) - Application for a dental license. The committee recommends approval. The Board in a motion by Dr. Dashkow, seconded by Dr. Rosenheck, approved the committee’s recommendations. NOTE: The Board requested that a letter be sent to UMDNJ to clarify the location of the clinical facilities of the dental school. Dr. Mitra Abdollahi - Application for reinstatement of her dental license. Dr. Abdollahi’s license was suspended on June 12, 2009 following her guilty plea to submitting false and misleading claims to Medicaid. Pursuant to a Consent Order filed on May 8, 2009, Dr. Abdollahi’s license was suspended for five years, with the first two years served as an active suspension. Dr. Abdollahi submitted proof that she has satisfied all of the conditions of her probation, and completed the PRIM-E course. She is asking to shorten the active period of suspension. This matter was moved to executive session for deliberation. The Board tabled this matter to the March 2, 2011 meeting. Dr. Richard Bradway - Petition to the Board to accept 73 as the passing score for the DSE portion of the NERB for the reinstatement of his license. This matter was moved to Executive session for deliberation Dr. Bradway was present during public session and was permitted to speak briefly on his application. The Board determined that the statute requires a passing score which is 75, and the Board does not have discretion to waive that requirement. Additionally, he has not satisfied the continuing education requirement.

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2. Continuing Education: a. The Board discussed online CPR courses. The Board determined that they are declining to accept online CPR courses for renewal of a license.

them

b. Local anesthesia course from Bergen County College does not comply with the new regulations. A letter will be sent to all current local anesthesia courses to advise of the new regulations. c. The committee recommends approval of the two continuing education courses submitted by the International College of Dentists. d. Remedial continuing education - The committee recommends approval of 15 courses and denied two.

The Board in a motion by Dr. Dashkow, seconded by Dr. Rosenheck, approved the committees reports. IV. APPEARANCES 1. 11:00 A.M. - Dr. Robert Hwang - Appearance concerning his application for reinstatement of his New Jersey license. Dr. Hwang’s license was suspended pursuant to a Consent Order filed on July 30, 2009, with a suspension effective on August 1, 2009 for a period of three years, a minimum of 90 days served as a period of active suspension. Dr. Hwang was present and provided information to the Board. The Board moved to Executive Session for deliberation. The Board requested that additional information be obtained prior to making a decision. 2. Dr. Jeffrey Aron - Notice of Motion to Enforce Litigant’s Rights. This matter was resolved with an Order filed on February 14, 2011. V.

PROPOSED REGULATION 1. Board of Dentistry - Proposed regulation: 13:30-8.1 Fee schedules and 13:30-8.4A Administration of injectable pharmacologics. This proposal was tabled to the March 2, 2011 meeting. Comments received from: - Lawrence Downs, Esq., General Counsel, Medical Society of New Jersey - William D. James, MD, FAAD, President, American Academy of Dermatology Assoc.

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- Louis Malcmacher, DDS, President, American Academy of Facial Esthetics

- Sandra E. Vause, MD, President, Dermatological Society of New Jersey - Richard G. Bennett, MD, American Society for Dermatologic Surgery Association - Bruce G. Freund, DDS, CEO & Zev Schulhof, DMD, MD, President, American Academy of Facial Cosmetics - Philip C. Haeck, MD, FACS, President of American Society of Plastic Surgeons and Gary Smotrich, MD, FACS, President of New Jersey Society of Plastic Surgeons - Michael D. Maves, MD, MBA, American Medical Association. The following items were tabled from the February 2, 2011 meeting: VI. REQUEST FOR APPROVAL OF COURSES REQUIRED BY BOARD ORDER PRIOR TO REINSTATEMENT OF HIS DENTAL LICENSE 1. Dr. Nicholas Breen - The Board filed a consent order of reinstatement on June 17, 2010 concerning Dr. Breen, including the requirement that Dr. Breen complete a minimum of 40 credits of hands-on continuing education prior to the reinstatement of his license. Dr. Breen submitted a number of certificates of completion for consideration by the Board. NOTE: The Consent Order required the continuing education courses to be preapproved by the Board. The Board accepted the credits he submitted, but he still needs to complete another 13 credits in hands-on course work. VII. REQUEST FOR MODIFICATION TO THE BOARD’S ORDER 1. Christine Tunnicliffe, RDH - The Board issued Ms. Tunnicliffe a license by a Consent Order Imposing Restrictions on License on December 5, 2008, and modified these restrictions by Consent Order filed on May 5, 2010. The PAPNJ submitted a request to further modify the restrictions on her license by reducing her screens from weekly to monthly. The Board moved this matter to executive session for deliberation. The Board approved reduction in the screens to twice a month. VIII.

INFORMATION IN COMPLIANCE WITH THE BOARD’S ORDER 1. Dr. John Kallis - Dr. Kallis submitted a quarterly report pursuant to a reinstatement agreement filed with the Board on January 8, 2010. This was received as informational. 2. Dr. Craig Donn - UMDNJ Robert Wood Johnson Medical School submitted a PRIM-E assessment, report and evaluation from a course held in November 2010. This was received as informational.

IX. OTHER MATTERS 1. Dental Assisting National Board renames new certification program. Specifically, the new Certified Preventive Dental Assistant (CPDA) certification program includes component exams on coronal polish, sealants, topical flouride, and topical anesthetic, and replaces the Certified Oral Preventive Assistant (COPA) designation.

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The Board determined that DANB be contacted concerning the revision of the expanded functions exam. The Board is requesting that DANB modify the Expanded Functions exam to include questions on etching, flouride and sealants. The Board also requested that the Executive Director contact other states concerning this issue. 2. Correspondence from Dr. Paul S. Miller questioning the legality of an advertising company. The Board determined that under 13:30.8.13 fee splitting is not permissible. Also, a copy of the advertising regulations will be sent to Dr. Miller concerning his letterhead. 3. Correspondence from Dr. Denise DiBona looking to set up a Discount Dental Plan for her patients without dental insurance. The Board noted that this is not insurance, and she should consult with a private attorney. 4. Correspondence from Dr. Sally-Jo Placa, Jersey Shore University Medical Center, requesting the Board’s opinion on consults by oral and maxillofacial surgeons. This was tabled until March 2, 2011 meeting. Dr. Placa will be asked to clarify the issue. 5. ADA - Call for information on dental cone beam computed tomography. Dr. Feinberg is recused on this, because of her position as a trustee of the ADA. Presently the Board does not have regulations that address this inquiry. 6. ADEX - A report from the ADEX 6th Annual Meeting held on November 7, 2010 in Rosemont, IL, including the revised bylaws of ADEX. This was received as informational. 7. American Association of Dental Boards - 2011 AADB Mid-Year Meeting and Open Forum for Educators, April 3-4, 2011 in Chicago, IL. This was received as informational.

HANDOUTS A number of articles provided by Dr. Dolinsky about the dental profession in the news. These were received as informational.

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PUBLIC COMMENT 1. Arthur Meisel, NJDA - Teeth whitening case NJDA vs. Beach Bum Tanning - hearing scheduled for 2/18/11. 2. Dr. Daniel Smilowitz - Appeared without counsel. He made himself available to explain any of the records that were submitted for the Board to review. X.

ADJOURNMENT

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