Maine Board of Dental Examiners Board Meeting Minutes September 18, 2015

Transcription

1 The meeting convened at 8:30 a.m. Board Members Present: Drs. David Moyer; Geraldine Schneider; David Pier; Lisa Howard and Christopher Maller; Ms. Michelle Gallant, RDH; Ms. Nancy Foster, RDH, EFDA, and Ms. Rowan Morse, Public Member Board Member Absent: Austin Carbone, LD Also Present: Lorraine Klug, IPDH, Maine Dental Hygiene Association; Ashley Perry, RDH; Tina Sora, RDH; Brittany Burhett; Arika Olsen, RDH; Abby Campbell, RDH; June Toole, RDH; Emily Nelson, RDH; Diane Blanchette, RDH; Bonnie Vaughan, IPDH; Susanne LaVallee, RDH; Sherry Laliberte, IPDH; John Bastey, Maine Dental Association; Tony Bates, DMD; Stephanie Mains, RDH; Brian Green, DMD; Paul Bulger, Esq.; Catrina Green; Lauren LaRochelle, AAG; Jim Bowie, AAG; Teneale Johnson, Executive Secretary; and, Penny Vaillancourt, Executive Director Dental Hygiene Subcommittee Update: The Dental Hygiene Subcommittee reviewed an application for reinstatement of a local anesthesia permit for Ms. Karen Bourgoin. Ms. Bourgoin indicated that she did administer local anesthesia following the lapse of her permit. The Subcommittee recommends that the Board preliminarily deny the reinstatement application, and offer Ms. Bourgoin a consent agreement that would include an admission to practicing without a license. Ms. Foster made a motion to accept the Subcommittee recommendation. Dr. Schneider seconded the motion and it passed with Dr. Pier opposed. Minutes July 17, 2015 and August 14, 2015: Ms. Gallant made a motion to accept the minutes of the July and August meetings. Dr. Schneider seconded the motion and it passed unanimously. Secretary/Treasurer s Report: The information was accepted as an FYI. Correspondence: The information was accepted as an FYI. President s Desk: Rulemaking timeline o The Board will be reviewing the comments received on proposed rule, Chapter 16 later today; and o The rulemaking hearing regarding chapter 5 is being held later in the day.

2 Page 2 of 5 Secretary s Desk: Board staff requested clarification of whether a QuickBooks course is acceptable for category II credits. The Board s current rule and Board policy were contradicting. The Board agreed that this course would be acceptable for category II credit towards license renewal. Old Business: Maine Medical Professionals Health Program Old protocols are currently in place until June Interview for IPDH Licensure Sherry Laliberte, RDH Dr. Schneider made a motion to grant an IPDH license to Ms. Laliberte. Dr. Pier seconded the motion and it passed unanimously. Executive Director s Report: Members were provided with an overview of the Board s new website which is still in its development stage; Ms. Vaillancourt provided an update regarding a Prescription Monitoring Program (PMP) meeting she had attended; there were presentations made at the meeting about prescription drug activity in the State of Maine; The Board agreed to invite John Lipovsky of the PMP to the October or November meeting. Board staff will provide the Board members with the meeting dates of the Rules committee. Adjudicatory Hearings: Stephanie Mains, RDH Catrina Green, Dental Radiographer Rule Making Hearing Chapter 5 Requirements for Licensure as a Denturist : The public rulemaking hearing began at 2:40 p.m. There was no written comments submitted, nor any verbal testimony provided. The hearing closed at 2:43 p.m. Review of Comments; and Review of Draft Basis Statement and Response to Comments - Chapter 16 Rules for Independent Practice Dental Hygienists to Process Dental Radiographs: Lorraine Klug s, IPDH, on behalf of the Maine Dental Hygiene Association: o Comment The MDHA requests that there be an increase on the time for an IPDH to have an x-ray reviewed by a licensed dentist.

3 Page 3 of 5 The Board voted to not accept the comment as it would be in conflict with the statute; and that Section B. not intended to be overly burdensome. Catherine Kasprak, IPDH o Comment Ms. Kasprak reiterated what was provided for comment by the MDHA above. The Board responded as above. John Bastey, on behalf of the Maine Dental Association o Comment The MDA believes that 21 days is an appropriate amount of time for x-rays to be reviewed by a dentist. Received, no further response required. Dr. Amy Fuller, on behalf of the Maine Academy of General Dentistry o Comment Dr. Fuller noted the Maine AGD s concerns over an IPDH practicing outside their scope; that patient care would not be followed up on appropriately; and that the rule should outline the standard of care as it relates to radiation exposure. The Board responded to the comment by stating that the IPDH is the primary care provider, they are required to have a referral network in place. In addition, guidelines are already in place for selecting patients for dental radiographs. Dr. Schneider made a motion to adopt the basis statement and response to comment with the edits made. Ms. Gallant seconded the motion and it passed unanimously. Ms. Morse made a motion to adopt Chapter 16. Dr. Howard seconded the motion and it passed unanimously. Complaint 15-7 Consider Request for Additional Documentation: Dr. Maller requested that the Board consider requesting a copy of the licensee s employment application to see if certain questions were asked at time of application. Dr. Maller made a motion to request that the Board gather more information, not limited to the licensee s current employment application (filled in) or blank, and if possible provide the original application completed. Dr. Howard seconded the motion; a release form will be sent along with the request. The motion passed with Ms. Gallant opposed. Dr. Howard made a motion to enter executive session at 3:12 p.m. to discuss complaints and Dr. Schneider seconded the motion and it passed unanimously. The Board came out of executive session at 3:34 p.m. Complaint and Complaint 15-16: A motion was made to dismiss complaints and with a letter to be sent to the complainants.

4 Page 4 of 5 Complaint George O Donnell, Jr., DMD - Revisit request for consent agreement amendment: The licensee is requesting that the quarterly random testing be eliminated from his consent agreement requirements. Dr. Maller made a motion to accept his request to amend the consent agreement. Dr. Schneider seconded the motion and it passed unanimously. Complaint Russell Collett, DDS: The Board reviewed and approved Dr. Collett s inspection report along with his quarterly compliance reports. They also reviewed communications from the Maine Medical Professionals Health Program (MMPHP) and Dr. Collett requesting that the MPHP contract and consent agreement be amended. Dr. Maller moved to accept the MPHP recommendation as requested, and modify the consent agreement, which will be reviewed by the Board prior to offering the amendment. Complaint 09-39: Dr. Schneider made a motion to approve Ms. Megan Higgins consent agreement compliance reports. Ms. Foster seconded the motion and it passed unanimously. Complaint 12-14: Dr. Maller made a motion to approve Ms. Moulton s consent agreement compliance reports. Ms. Foster seconded the motion and it passed unanimously. Review and Ratification of Consent Agreements: The following applicants will be informed that they have thirty days to review and accept the proposed consent agreement for licensure. If the agreement is not accepted, the matter will be set for an adjudicatory hearing. Kelli McNally Ms. Gallant made a motion to accept the consent agreement as drafted. Ms. Foster seconded the motion and it passed unanimously. Laura Greenwood Dr. Schneider made a motion to accept the consent agreement as drafted. Ms. Gallant seconded the motion and it passed unanimously. Diane Blood Ms. Gallant made a motion to accept the consent agreement as drafted. Ms. Foster seconded the motion and it passed unanimously. Revisit Application for Licensure Sharam Abbott, DMD: The Board had previously tabled Dr. Sharam Abbott s application for dental licensure, and requested that he provide further explanation and documentation regarding his yes response(s), and any disciplinary action taken against his license(s) to practice. Dr. Maller made a motion to grant Dr. Abbott a Maine dental license. Dr. Moyer seconded the motion. The motion was then amended that the Board thank the applicant for providing further information and to request that he

5 Page 5 of 5 answer the questions correctly; Dr. Moyer seconded the amended motion. The motion failed with all opposed. Ms. Gallant made a motion to grant Dr. Abbott a Maine dental license. Dr. Schneider seconded the motion and it passed with Dr. Howard opposed to the motion. Review and discussion of medical malpractice and NPDB reports received: Dr. Maller made a motion to accept the report as an FYI. Dr. Howard seconded the motion and it passed unanimously. Letter of Resignation as Board Investigator Karen Packard, RDH: The information was accepted as an FYI. It was noted that a full-time investigator/ inspector is warranted. CODA Unofficial Report of Major Actions: The information was accepted as an FYI. The meeting adjourned at 4:23 p.m. Respectfully Submitted, Teneale E. Johnson Executive Secretary