State of Maine Board of Dental Examiners Dr. Moyer brought the meeting to order at 8:30 a.m. Board Members Present: Drs. Geraldine Schneider; David Moyer; and Lisa Howard; Ms. Michelle Gallant, RDH; Ms. Nancy Foster, RDH, EFDA; Ms. Rowan Morse, Public Member; and Mr. Austin Carbone, LD Also Present: Diane Blanchette, RDH, UMA-Bangor; Lorraine Klug, IPDH; Kelly Leidenroth, RDH; Tricia Spearin, RDH; Jim Schmidt, DMD, Community Dental; Susan Isenman, Community Dental; John Bastey, Maine Dental Association; Tony Bates, DMD; Lisa Kavanaugh, Community Dental; Daniel Traub, DDS; Katie Bridges; Waeil Elmisalati, BDS; Mayank Pahwa, DMD; Timothy Martinez, DMD; Bonnie Vaughan, IPDH; David Wicks, DDS; James Bowie, AAG; Teneale Johnson, Executive Secretary; and Penny Vaillancourt, Executive Director Review Draft Decision and Orders: Melissa Douglass, IPDH Following review of the draft Decision and Order resulting from the adjudicatory hearing held December 11, 2015, Ms. Gallant made a motion to approve the Decision and Order as written. Mr. Carbone seconded the motion and it passed with Ms. Morse recused. Jennifer Watson, Dental Radiographer Ms. Gallant made a motion to approve the draft Decision and Order for Ms. Jennifer Watson which was a result of an adjudicatory hearing held on December 11, 2015. Dr. Schneider seconded the motion and it passed with Ms. Morse recused. Dr. Schneider took over as President of the Board. Minutes December 11, 2015: Dr. Howard made a motion to accept the minutes as amended. Ms. Foster seconded the motion and it passed unanimously. Secretary/Treasurer s Report: The report was accepted as an FYI. Correspondence: The information was accepted as an FYI. President s Desk: Waiver of Background Checks for Dental Extern Applicants Board Staff is requesting that the Board consider waiving the criminal background check requirement for dental extern permit applicants. The permit is only good for up to thirty (30) days, and the extern rotation would be complete before any background check would be received for the applicant. Ms. Gallant made a
Page 2 of 6 motion to waive the criminal background check requirement for dental extern applicants. Ms. Foster seconded the motion and it passed unanimously. Continuing Education Subcommittee The suggestion was made that the Board delegate the review and approval of continuing education requests to Board Staff, who will review historical continuing education requests to determine if approval is warranted and appropriate categorization. If the Board Staff has any questions regarding a request, it will be brought forward to the Subcommittee/Board for review. The Board agreed and voted to delegate this task to Board Staff. Review of Continuing Education Request from the Center for Tobacco Independence Re: Motivational Interviewing: Advancing the Practice: Dr. Pier requested that this information be presented to the Board for review. Dr. Moyer made a motion to approve the request for category I credit. Ms. Foster seconded the motion and it passed unanimously. Interviews for Licensure: Mayank Pahwa, DMD Daniel Traub, DDS Timothy Martinez, DMD Waeil Elmisalati, BDS Katie Bridges, Dental Radiographer Dr. Moyer made a motion to grant a dental license to Dr. Mayank Pahwa upon completion of his application materials. Dr. Howard seconded the motion and it passed unanimously. Dr. Moyer made a motion to grant Dr. Timothy Martinez a Maine dental license upon review and completion of his application materials including a review of the Massachusetts background check. Ms. Gallant seconded the motion and it passed unanimously. Dr. Moyer made a motion to grant a Maine dental license to Dr. Daniel Traub upon completion of his application file. Dr. Howard seconded the motion and it passed unanimously. Dr. Moyer made a motion to grant a dental faculty license to Dr. Waeil Elmisalati upon completion of his application file. The motion also included that the Board waive the educational requirement document and accept the equivalency documentation; and to waive the license verification from Libya as well. Ms. Gallant seconded the motion and it passed unanimously. Dr. Moyer made a motion to preliminarily deny Ms. Katie Bridges application for licensure but offer a consent agreement in lieu of the license denial, whereby the Board would grant licensure upon acceptance of the agreement. The proposed consent agreement should include a statement that it is not meant to be punitive,
Page 3 of 6 but for guidance for Ms. Bridges and acknowledge what she has done to demonstrate her rehabilitation efforts. Ms. Bridges would agree to a five year license probation that would include abstinence, mandatory reporting of any relapse, arrests, summons, convictions, etc. within 10 days. Ms. Gallant seconded the motion and it passed with Dr. Howard opposed. (The consent agreement does not need to be presented back to the Board for review prior to forwarding it to Ms. Bridges.) Review of 2015 Dental License Renewal Applications: Donald Warner, DMD The Board entered executive session at 10:45 to discuss confidential medical information regarding Dr. Warner. The Board came out of executive session at 11:02 a.m. Ms. Gallant made a motion to renew Dr. Donald Warner s dental license for the 2016-2017 biennium. Dr. Moyer seconded the motion and it passed unanimously. Richard Nellson, DDS The Board entered executive session at 11:03 a.m. to discuss confidential medical information regarding Dr. Nellson. The Board came out of executive session at 11:14 a.m. Dr. Moyer made a motion to table Dr. Nellson s license renewal application in order to request further information from the licensee to include a description of the sale of his dental practice; and a letter from his primary care provider regarding his ability to practice dentistry. Dr. Howard seconded the motion and it passed unanimously. Ronald Berube, DDS The Board entered executive session at 11:15 a.m. to discuss confidential medical information regarding Dr. Berube. The Board came out of executive session at 11:21 a.m. Dr. Moyer made a motion to renew Dr. Berube s Maine dental license for the 2016-2017 biennium. Ms. Gallant seconded the motion and it passed unanimously. Florence Edwards, DDS The Board entered executive session at 11:22 a.m. to discuss confidential information regarding Dr. Edwards renewal application. The Board came out of executive session at 11:39 a.m. The Board made a motion to rescind its previous motion to invite the licensee in for an informal conference to discuss complaint 15-7 and instead, offer the licensee a consent agreement to resolve the complaint, and to address Dr. Edwards application for renewal. The consent agreement would include an admission to violating Board statute and rule by not being forthcoming on her initial application for licensure, and renewal of licensure; a monetary fine of $3,000.00 for said violations; successful participation in the Maine Medical Professionals Health Program, including Board approval of her contract, and any modification of that contract; Board monitoring of AA/NA, and testing; waive confidentiality; and mandatory reporting of any relapse, arrest, summons, convictions within 10 days. Dr. Howard seconded the motion and it passed unanimously.
Page 4 of 6 Jeffrey Jordan, DMD The Board entered executive session at 11:43 a.m. to discuss confidential medical information regarding Dr. Jeffrey Jordan. The Board came out of executive session at 12:01 p.m. The Board voted to table Dr. Jordan s renewal until its February meeting in order to obtain further information regarding treatment for the conditions outlined in the application, including treatment efforts; and practice closure information. Board staff will request further information on how patients were notified of the practice closure. Dr. Jordan will need to respond to the Board s request for information by February 1, 2016. Ms. Foster seconded the motion and it passed unanimously. Charles Zois, DDS The Board entered executive session at 12:05 p.m. to discuss confidential medical information. The Board came out of executive session at 12:07 p.m. Dr. Moyer made a motion to renew Dr. Zois Maine dental license for the 2016-2017 biennium and request that he inform the Board of his intent to return to practice. Ms. Gallant seconded the motion and it passed unanimously. Donna Vix, DMD The Board entered executive session at 12:08 p.m. to discuss confidential medical information regarding Dr. Vix. The Board came out of executive session at 12:17 p.m. Following review of the information, Ms. Morse made a motion to preliminarily deny the renewal of Dr. Donna Vix s Maine dental license. The Board will also suggest that she could apply for an inactive license due to her inability to practice dentistry at this time. Dr. Vix will have thirty (30) days to appeal the preliminary denial, or revise her renewal to renew as inactive. Ms. Gallant seconded the motion and it passed unanimously. Susan DellaRipa, DMD According to Ms. DellaRipa s license renewal application, her clinical privileges were revoked by the US Air Force and she was reassigned to dental radiology. Dr. DellaRipa did not disclose this information on her initial application for licensure, nor during her interview with the Board in June 2015. Dr. Moyer made a motion to preliminarily deny the renewal application based on unprofessional conduct for misrepresenting information on her initial application for licensure, and offer her a consent agreement for renewal of her license which would include an admission to the violation, and a monetary penalty of $1,500.00. Ms. Gallant seconded the motion and it passed unanimously. Sharam Abbott, DMD Dr. Abbott s license renewal application was presented to the Board for review based on his reporting of open allegations against his dental license in another state. Ms. Foster made a motion to grant the renewal of Dr. Abbott s Maine dental license and request that he notify the Board office within 10 days of the resolution of the open matter. Ms. Gallant seconded the motion. Board staff will place a flag on Dr. Abbott s record to follow up during the next renewal cycle. The motion passed unanimously.
Review of Applications for Dental Radiography Licensure: Maine Board of Dental Examiners Page 5 of 6 Shaeleen Charest Dental Radiography Reinstatement: Ms. Charest s dental radiography license lapsed on February 28, 2015. Ms. Charest reported that she last took a dental radiograph on October 29, 2015. Ms. Gallant made a motion to preliminarily deny the application and offer her a consent agreement in lieu of the denial. The consent agreement would include an admission to practicing without a license and a monetary fine of $50.00. Board staff will request who the supervising dentist was during the unlicensed period and send a letter to that individual. Dr. Moyer seconded the motion and it passed unanimously. (The consent agreement does not need to be presented back to the Board for review.) Marice Rasmussen Dental Radiography Application: Ms. Rasmussen filed an application for a dental radiography license. She indicated that she held a Maine dental radiography license previously and reportedly last took a dental radiograph in 2003. Board staff could find no record of Ms. Rasmussen ever holding a license. Dr. Moyer made a motion to preliminarily deny the application for licensure and offer a consent agreement in lieu of the license denial. The consent agreement would include an admission to practicing without a license and a monetary fine of $50.00. The agreement will also include a provision that she submit a valid CPR certification within thirty (30) days of the fully executed consent agreement. Ms. Gallant seconded the motion and it passed unanimously. (The consent agreement does not need to be presented back to the Board for review.) Complaint 15-27: The complainant, who is a dentist licensed in another state, filed a complaint against a dentist who voted to impose discipline on the complainant s license while the dentist was acting in their capacity as a member of a regulatory board in the same state where action against the complainant s license was taken. The allegation is that the dentist acted unprofessionally in the regulatory proceeding, alleging that the dentist had committed fraud and false testimony when the dentist reviewed the complainant s case. Ms. Gallant made a motion to dismiss complaint 15-27 as there was no violation of Maine Dental Practice Act. Dr. Howard seconded the motion and it passed unanimously. Complaint 15-39: A complaint was filed by a patient against a dentist alleging unprofessional conduct as a result of an employee of the dentist calling the patient at home inquiring about a private business venture. The employee obtained the patient s information from the patient s file without the dentist s knowledge. The patient was upset that the employee was not fired. The licensee responded that based on legal advice the employee was placed on probation, and subsequent to the incident the entire staff participated in a HIPAA training course. Mr. Carbone made a motion to table the complaint and request proof of training and proof of attendees, and once received, the complaint be dismissed with a letter of guidance stating that all employees be familiar with HIPAA guidelines. Dr. Moyer seconded the motion and it failed with all voting members
Page 6 of 6 opposed. Ms. Foster made a motion to dismiss complaint 15-39. Ms. Gallant seconded the motion and it passed with Dr. Howard recused. Consent Agreement Compliance Reports - Complaint 14-35: Ms. Morse made a motion to approve the compliance reporting submitted for the licensee. Mr. Carbone seconded the motion and it passed with Dr. Moyer recused. Executive Director s Report: Legislative Update: Ms. Vaillancourt reported that the 127 th Second Regular Session has begun and provided a summary of items that will be discussed in the upcoming session. (Ms. Vaillancourt will forward the link regarding mandatory child abuse reporting to the Board and Subcommittee members.) o LD 1514 Amends the Dental Hygiene Therapist provisions Ms. Vaillancourt provided a summary of the amendment before the LCRED Committee which will amend provisions of the dental hygiene therapy law. Rule Making Update: The Rules Committee is scheduled to meet on January 15, 2016 to discuss chapter 14. Secretary s Desk: Dr. Moyer reported that he will not be at the March meeting; Ms. Gallant will possibly not be available for March as well, and Dr. Pier previously informed the Board that he will not be at the March meeting. Old Business: The Attorney General s Office is still working on the revision to the Maine Medical Professionals Health Program Protocols. Case Milestone Report: The report was accepted as an FYI. The Board requested that they be informed of the number of open complaints at each meeting. Dr. Howard made a motion to adjourn at 2:58 p.m. Ms. Foster seconded the motion and it passed unanimously. Respectfully Submitted, Teneale E. Johnson Executive Secretary