North Dakota Board of Dental Examiners Minutes January 16, 2016, 8:00 AM HAMPTON INN & SUITES, GRAND FORKS, ND

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1 North Dakota Board of Dental Examiners Minutes January 16, 2016, 8:00 AM HAMPTON INN & SUITES, GRAND FORKS, ND 1. Call to Order: Dr. Evanoff, President of the NDSBDE called the meeting to order at 8:08 AM January 16, , Dr. Evanoff welcomed John Tyler, Assistant Attorney General. Board Members and Administrative Staff Attendance Greg Evanoff, DDS, President Troy Petersen, DMD, MD, President-Elect Rob Lauf, DDS Rita Sommers, Executive Director John Tyler, Esq., AAG Others in Attendance Carla Schneider, RDA, NDDAA Grant Korsmo, DDS, NDDA Cathy Cornell, RDH Otto Dohm, DDS Tim Mehlhoff, CPA Dale Brewster, DDS Jessy Breidenbach, RDH, NDDHA Jeremy Wehrman, DDS 2. Review Minutes: Moved and seconded to adopt the September 16-17, 2015 minutes. Dr. Evanoff Petersen, yes. Motion carried Additions to agenda; unresolved 2015 complaints; CT liability; 4. Treasurer s Report: Moved by Mr Mehlhoff and seconded by Dr. Brewster to accept the report. Discussion; Roll call vote, Dr. Evanoff as president abstained from voting with the exception of a tie vote. Ms. Sommers and Mr. Mehlhoff presented 2 profit & loss statements and various other comparable reports; the focus being new budget being July June 2015 which capture 2 different revenue periods. The net income for the period was (25,399.61); the deficit was extracted from operating capital. Cash flow from previous accounting periods were discussed and compared. Budget information will be presented again in April. The Dec 2017 renewal will be completely online which will be a savings. Operating costs excluding legal remain generally the same. The website rebuild is 90% complete with CE features being added in Dr. Evanoff as president abstained from all voting with the exception of any tie vote. All others voted in favor of the motion. 12/31/2015 Balances Checking 132, Certificates: CC Union 70, Muni Investor 2, Acct 3120/1 119, Preferred Bus 2, Bremer 159, Total 138, st Community 5.00 Total 349, Review license applications; issue Oath of Office; licensing: Candidate for Licensure License # Education Heather Kathryn Spoehr, RDH 1617 Rio Salado College 09 Lindsay Grace Russell, RDH 1618 Century College 08 Puja B. Patel, DMD 2277 Rutgers 12 Tuan Giang Bui, DMD 2276 McGill 01 Jenna Wray Palmer, DDS 2278 Creighton P a g e

2 6. Committee Reports A. Complaint Committee: Licensees may be unaware that even though a complaint may appear frivolous, the Board must review all complaints and has a duty to proceed as per NDCC Disciplinary procedure. i. Ulloa, DDS; Dr. Petersen moved and Dr. Lauf seconded to dismiss the complaint; Discussion; It was the Board s understanding based on materials provided by Dr. Ulloa at the time of his licensure that Dr. Ulloa was in the process of Board Certification. No evidence of the completion of the Board Certification has been provided to the Board. The Board granted licensure in 2007 to Dr. Ulloa based on an understanding that the Board Certification would be acceptable in lieu of clinical and national board results. Roll call vote, Dr. Evanoff abstained. Brewster, yes; Cornell, yes; Dohm, yes; Lauf, yes; Mehlhoff, yes; and Petersen, yes. Motion carried 6-0. ii. Garr, DDS advertising: An advertisement was received by the Board stating Garr Dental as having Best North Dakota Dental Care. Dr. Lauf moved and Ms. Cornell seconded to send a letter of concern regarding the promotional statement or puffery, expressing subjective views as a marketing strategy promoting the Garr office as the Best. Roll call yes; and Petersen, yes. Motion carried 6-0. Dr. Evanoff will communicate the Board s findings. Reference: Administrative Rule (5). iii. Brady, DDS advertising: An advertisement for Ideal Image Dentistry and Spa was received by the Board. The advertisement announces Ideal Image Dentistry Dental as having pain free dentistry. Dr. Lauf moved and Dr. Petersen seconded to send a letter of concern regarding the promotional statement or puffery. Discussion; the statement promoting pain free dentistry was viewed as an example of false and misleading advertising or advertising which is likely to create an unjustified expectation. Roll call yes; and Petersen, yes. Motion carried 6-0. Dr. Evanoff will communicate the Board s findings. Reference: Administrative Rule (1); ADA s Principle of Ethics and Code of Professional Conduct 5.F.2. iv. Iravani, DDS, MD: Dr. Iravani s probationary period began December 10, 2015 and is subject to specific conditions including twice monthly random drug testing at a Board approved facility at Dr. Iravani expense during the two year probationary period. Dr. Petersen moved to use Global Safety Network and Dr. Lauf seconded the motion. Roll call vote, Dr. Evanoff abstained. Brewster, yes; Cornell, yes; Dohm, yes; Lauf, yes; Mehlhoff, yes; and Petersen, yes. Motion carried 6-0. Mr. Tyler will convey a communication to Dr. Iravani s counsel. v. L. Brend, DDS: Dr. Lauf moved and Ms. Cornell seconded to dismiss the complaint. vi. Quamme, DDS: Dr. Lauf moved and Dr. Brewster seconded to proceed with the Administrative Hearing. Discussion; the Board disagrees with Dr. Quamme s interpretation of the statute. Mr. Tyler will communicate the Board s interpretation of NDCC Dr. Lauf initiated a substitute motion seconded by Dr. Brewster to authorize Mr. Tyler to construct a non-disciplinary settlement agreement. The agreement between Dr. Quamme and the NDBDE will include 1. Dr. Quamme waives the right to administrative hearing and 2. Dr. Quamme must agree in writing not to violate the statute again. The Board will then dismiss the complaint against Dr. Quamme. Roll call vote, Dr. Evanoff Petersen, yes. Motion carried 6-0. Reference: NDCC vii. Austriaco, DDS, ND Dentistry, PC: Dr. Petersen moved and Dr. Dohm seconded to send a letter of inquiry to the ND Insurance Commissioner regarding the Aspen Dental advertisements. Discussion; the advertisement may be based on a contractual issue with the insurance companies which could influence the Board s view whether or not this is a 2 P a g e

3 disciplinary matter. Mr. Tyler will communicate the Board s action to Dr. Austriaco and contact the ND Insurance Commissioner. Roll call vote, Dr. Evanoff abstained. Brewster, yes; Cornell, yes; Dohm, yes; Lauf, yes; Mehlhoff, yes; and Petersen, yes. Motion carried 6-0. viii. C. Johnsen, DDS: Dr. Lauf moved and Ms. Cornell seconded to initiate a complaint against Dr. Johnsen. Discussion; Mr Tyler will draft the letter and include the following: a.) The Board determined there is reasonable basis to believe Dr. Johnsen violated NDCC (1) (4) (21) (27) and (28), (1). b.) Dr. Johnsen failed to report incidents on various dates where charges of assault, disorderly conduct, and a DUI were brought against Dr. Johnsen. c.) The Board has concerns that the charges may be related to alcohol abuse and requests Dr. Johnson be evaluated within 30 days of receipt of the letter for drugs/alcohol addiction at the Heartview Foundation or location approved by the Board President with the results of the evaluation to be shared with the Board. The expense of the evaluation, any recommended treatment, and reports will be the responsibility of Dr. Johnson. Roll call vote, Dr. Evanoff abstained. Brewster, yes; Cornell, yes; Dohm, yes; Lauf, yes; Mehlhoff, yes; and Petersen, yes. Motion carried 6-0. Mr. Tyler will communicate the Board s concerns and request a written response from Dr. Johnsen. ix. Schmid, RDA: Dr. Lauf moved and Ms. Cornell seconded to dismiss the complaint. x. M. Brend, DDS: Dr. Lauf moved and Ms. Cornell seconded to dismiss the complaint. xi. T. Deeter, DDS: Dr. Lauf moved, seconded by Dr. Brewster to dismiss the complaint. xii. Hoerner, DDS: Dr. Brewster moved and Ms. Cornell seconded to dismiss the complaint. xiii. Harr, RDA: Dr. Petersen moved, seconded by Ms. Cornell to send letters of concern regarding non registered auxiliary providing expanded duties. Discussion; Ms. Harr neglected to register with the Board, [reference NDCC (18)] and send letters of concern to employers Dr s Gieseke and Goodwill [reference: (5)(14)]. Roll call yes; and Petersen, yes. Motion carried 6-0. Dentist employers must be certain of auxiliary credentials before authorizing expanded duties. xiv. Seiler, RDH: Brewster moved, seconded by Ms. Cornell to send a letter of concern for failure to report. Discussion; the renewal application revealed Ms. Seiler reported the reportable event on the renewal, but did not report within the 60 day window. Roll call yes; and Petersen, yes. Motion carried 6-0. Reference: NDCC Ms. Sommers will communicate the Board s findings. xv. Migler, RDH: Dr. Lauf moved, seconded by Ms. Cornell. A letter of concern for failure to report. Discussion; the renewal application revealed Ms. Migler reported the reportable event on the renewal, but did not report within the 60 day window. Roll call vote, Dr. Evanoff Petersen, yes. Motion carried 6-0. Reference: NDCC Ms. Sommers will communicate the Board s findings. 3 P a g e

4 4 P a g e xvi. Carroll, RDH: Dr. Brewster moved, seconded by Dr. Petersen to grant the dental hygiene license. Discussion; the practitioners oversight occurred over a decade ago. Roll call yes; and Petersen, yes. Motion carried 6-0. Ms. Sommers will communicate the Board s findings. Reference: NDCC B. Anesthesia Committee i. Review of applications: Dr. Garr s site evaluation for minimal sedation was reviewed. New applicant Dr. Bui submitted a general anesthesia/deep sedation application for the Board s review. Dr. Bui was advised to seek a Fargo OMFS for the site evaluation at Sanford. ii. ADA Resolution 77: The Resolution was reported to be tabled until next year s annual iii. ADA meeting. Cone Beam liability: The Board was made aware that a dentist was routinely using CT scans annual dental exams. Discussion; while it is unusual that a CT scan would be necessary for every patient, the CT scans do allow for a more precise treatment plan. Practitioners should carefully weigh the benefits and risk factors with the patient. No action taken. C. Continuing Education Committee i. CE Audits: Cathy Cornell explained the audit process, and results of the 12 most recent RDA random audits. The Committee will determine when further audits will commence and will try to streamline the process. D. Application Review Committee i. Wehrman, DDS, Botox permit application review: Dr. Lauf moved and Dr. Evanoff seconded to grant the permit to Dr. Wehrman, and recognize the American Academy of Facial Esthetics (AAFE) course as Board approved for future permit applicants. Discussion; the AAFE provided additional information regarding course content. Licensees who successfully complete the AAFE course within three months of application shall be eligible for the permit. Roll call vote, Dr. Evanoff abstained. Brewster, yes; Cornell, yes; Dohm, yes; Lauf, yes; yes; and Petersen, yes. Motion carried 6-0. ii. Tanya Adams, RDA: Dr. Dohm moved to obtain further information on MN restorative course and its competency testing. Dr. Petersen seconded the motion. Roll call vote, Dr. Evanoff Petersen, yes. Motion carried 6-0. E. Nominating Committee: Mr. Mehlhoff moved, seconded by Dr. Lauf to nominate and elect Dr. Dohm for the NDBDE president-elect position. Discussion; committee appointments will be determined at the April meeting. Roll call vote, Dr. Evanoff abstained. Brewster, yes; Cornell, yes; Dohm, yes; Lauf, yes; Mehlhoff, yes; and Petersen, yes. Motion carried 6-0. F. Legislative Committee i. Proposed Rule: Prescription Drug Monitoring Program: The Board discussed language for the mandated drug monitoring rule. Mr. Tyler will prepare a final draft and other amendments for a future conference call. iii. ii. Anesthesia Assistant: Dr. Fines and Dr. Wehrman submitted requests for amendments to rules. One suggestion was to allow qualified registered dental assistants to also assist a general dentist rather than the just an OMFS with anesthesia assistance. The request would require an administrative rules change. Dr. Wehrman views the issue as a matter of fairness. The Board encourages the education of dental assistants in sedation settings regardless. Dr. Wehrman was also interested in digital impressions and would like language to authorize dental assistants to take a digital impression. No action was taken. Dr. Dohm moved to change language in the rules to include authorizing the general dentist authorized for parenteral sedation to utilize the anesthesia assistant, seconded by Dr. Petersen. Roll call vote, Dr. Evanoff abstained. Brewster, no; Cornell, no; Dohm, no; Lauf, no; Mehlhoff, no; and Petersen, yes. Motion failed 5-1. Dr. Lauf moved to postpone indefinitely until research and new language for the general dentist authorized for parenteral sedation and anesthesia sedation can be presented. Dr. Brewster seconded. Roll call vote, Dr. Evanoff abstained. Brewster, yes; Cornell, yes; Dohm, yes; Lauf, yes; Mehlhoff, yes; and Petersen, yes. Motion carried 6-0. Attorney General s opinion: Dr. Lauf went on record stating the inconsistency within the opinion in singling out the NDBDE when several Boards have also utilized lobbyists and

5 stated the move was purely political. Mr. Tyler advised the Board that until a judge might rules otherwise that the Board should comply with the A.G. s ruling. iv. Cone Beam; liabilities: Discussion; Standard of Care, the Board received information that a dental office is providing cone beam x-rays for routine patient exams. Dr. Petersen commented that Oral Radiologists are often reviewing the CTs. The x-rays could be sent out of state. 7. Old Business A. CE Zoom: The general consensus of the Board was that it will be the prerogative of licensees to use the software. A contract is unnecessary. No further action. Mr. Mehlhoff moved to refrain from signing a contract with CE Zoom, Ms. Cornell seconded. Roll call vote, Dr. Evanoff abstained. Brewster, yes; Cornell, yes; Dohm, yes; Lauf, yes; Mehlhoff, yes; and Petersen, yes. Motion carried 6-0. B. In the event of any contract negotiation, including the Boards contract with APT, three different vendors must be contacted to meet requirements of the procurement statutes. The Board will invite vendors to the next meeting to comply with procurement requirements. 8. New Business A. Dental practice; proof of ownership: Licensees are required to submit the report to their professional licensing board. The report has been utilized to show the corporation is in good standing with the state. Mr. Tyler will review the statute and report to the Board at the April meeting. Reference: NDCC and NDCC AADB and CRDTS, WREB, National Meetings: AADB - The Executive Director of AADB has resigned. AADB and the AADA will hold their Mid-Winter meeting in Chicago April 10-11, Mr. Tyler was encouraged to participate in the Attorney Roundtable meetings held at the AADB s meetings. CRDTS and WREB have engaged in discussions of some type of association. WREB has lost several hygiene exam sites. WREB will be allowing 2 posterior composites. The basis for the change is that amalgam restorations are not being done as often. 8. Newsletter Positive feedback. 9. Remuneration 10. Date, Venue of Next Meetings: Minot, April 23, 2016, June 13, 2016 Bismarck, September 15, 2016, Bismarck, venues TBA 11. Adjournment: The meeting was adjourned at 2:08 PM Respectfully Submitted, Rita Sommers, Executive Director Tim Mehlhoff, CPA 5 P a g e