Public MinutesNEW HAMPSHIRE BOARD OF DENTAL EXAMINERS
| NOVEMBER 6, 2000 | DECEMBER 4, 2000 |
PUBLIC MINUTES
NOVEMBER 6, 2000
The November 6, 2000 meeting of the New Hampshire Board of Dental Examiners convened at 4:00 PM with the following present:
Stephen A. Sewall, DDS, President
Ronald J. Hrinda, DMD, Secretary-Treasurer
Marjorie J. Chema, DDS
Karen Clough, Public Member
Neil S. Hiltunen, DMD
Eliot L. Paisner, DMD
Camillia L. Paras, RDH
Charles F. Post, DMDAbsent: None
The Board approved the minutes of the October 2, 2000 meeting.
ADMINISTRATIVE
1. Statute and Rules
a. Statutory Proposals1) Representative Merton S. Dyer is sponsoring amendments to RSA 317-A:6, A:8, A:15, A:18, and A:18-a at the request of the Board.b. Rule Proposals
The Board approved initial drafts of amendments to the following rules.1) PART Den 101 DEFINITIONS
2) Den 301.01 Application for Dental Hygiene Licensure
3) Den 301.02 Application for Dental Licensure
2. Canadian Licensure - The board will seek further information on the clinical component of Canadian licensing examinations.
3. Complaint Procedure - When a written complaint is received by the Board, it is sent to the Respondent for a reply. When the response is received, it is sent to the Board with the complaint. Sometimes complaints are referred directly to the Board, e.g., when the Board may decide to do an unannounced investigation. The board voted to refer complaints about fees directly to the Board.
4. Anesthesia and Sedation Evaluation Committee - The Board reviewed the minutes of this committee which is composed of Board consultants. The Board will ask the Committee for further information regarding the need for a defibrillator in every office and BLS for all staff members.
5. Hygienist Anesthesia (Clough, Paras, Paisner)
The board's ad hoc hygienists anesthesia committee sent a questionnaire to the 27 states that allow hygienists to administer anesthesia. The committee has received 20 replies. It will summarize the information, before presenting it at a future Board meeting.
6. Disciplinary Action Publicity - The Board considered various questions about the publicizing of disciplinary actions on the Board's Web site and through other venues. The Board voted to publicize disciplinary actions on its Web site, subject to the advice of its legal counsel. Dr. Chema abstained. Dr. Hrinda opposed.
7. Shorthand Court Reporter - The Board discussed an amendment to RSA 541-A:31 III (f), which addressed the right of each party in an adjudicative proceeding to provide a certified shorthand court reporter at the party's expense. The board will consult its legal counsel when considering this issue.
8. Seattle Citizen Advocacy Meeting - Public member of the Board, Karen Clough, gave an overview of this meeting. She will submit a report to the Board next month.
9. Northeast Regional Board (NERB) - Board president, Dr. Steve Sewall, spoke to the Board about the NERB.
a. Membership - Board members are automatically members of the NERB. New members should enroll in an examiner's training session and participate yearly as examiners. When Board members leave the Board, they remain NERB members until they resign, die, or are subject to a disciplinary action.b. NERB Examination - If the Board was not a part of the NERB or other regional examination, it would have to examine in New Hampshire the clinical skills of applicants for licensure, pursuant to RSA 317-A:10. Changes in the NERB examination must be approved by the NERB Steering Committee. This committee is composed of three members and one alternate from each NERB state. One member, Dr. Sewall, is an active Board member. The others are past Board members.
The NERB Steering Committee is addressing several issues:
1) National Examinations vs. States Rights.
Many people want a national examination to take the place of the four regional exams and individual state exams. To that end, some regional exams are accepting the National Boards as the written portion of their exam. NERB has declined to do so because the National Board is a test of factual knowledge, whereas the NERB written examination is "case base", which requires judgement of clinical problems in addition to factual knowledge.2) Examination Scoring.
Scoring between NERB and other exams is not equivalent. Each portion of the NERB exam must be passed. This "conjunctive" scoring is less likely to mask a deficiency than the "compensatory" scoring of some regional exams, which average grades to determine pass or failure. The Board voted to ask other regional and state examining boards how they score their examinations, to determine comparability.
10. Informational
a. NERB consultants
b. PACE (AGD)
c. Dental Hygiene and Assisting Programs
d. Pierre Fauchard Inductees - The Board congratulated Dr. Sewall and Dr. Hiltunen on their induction into the international honorary dental society, The Pierre Fauchard Academy.
e. DATA BANK
QUALIFICATION AND LICENSURE
1. PUBLIC HEALTH SUPERVISIONa. Program Report (FYI) Mary C. Davis, RDH
b. Application by Kathleen Fowler, RDH - approved.
c. Application by Alison M. McGrale, RDH - approved.
2. APPLICATION FOR ANESTHESIA PERMIT
* a. James B. Haas, DDS - His application for a conscious sedation permit was approved.
b. Paul Kuo, DMD - His application for conscious sedation permit was approved contingent upon his informing the Board of where he will be practicing.
3. CONTINUING EDUCATION
a. Samuel W. Kouchalakos, DDS - tabled. Dr. Chema will review his documentation.b. David J. Greene, DMD - His continuing education for the biennium ending March, 2000 was accepted.
c. Robert H. Bechtold, DMD - He will be given 30 days to document continuing education for the biennium ending March 31, 2000. After that period he will be responsible for the shortfall plus 40 CEUs by March 31, 2002.
d. Andrea Welch, RDH - She has satisfied the continuing education requirements for the biennium ending March 31, 2000 by submitting proof of completion of 3 CEUs. The remaining 3 of the 6 submitted may be credited to the biennium ending March 31, 2002.
4. APPLICATIONS FOR APPROVAL
The Board approved the following applications for licensure:Jessica St.Pierre, RDH
Victoria B. Ozaeta, DMD
Jami G. Macri, RDH
Clifford M. Jones, DDS
Mary Riter Hahn, RDH
Shelley L. Low, RDH
5. MISCELLANEOUS
The Board will inform Dr. Dipesh Bhattarai of the requirements of dental licensure in New Hampshire.
6. INACTIVE TO ACTIVE
The Board activated the license of Cynthia A. Pickford, RDH
* Dr. Hrinda was recused.
The Board voted unanimously to go into non-public session for the purpose of discussing investigations of alleged licensee misconduct, noting that such a non-public session is authorized by RSA 91-A:3, and the Board's executive and deliberative privileges.
PUBLIC MINUTES
DECEMBER 4, 2000
The December 4, 2000 meeting of the New Hampshire Board of Dental Examiners convened at 4:00 PM with the following present:
Stephen A. Sewall, DDS, President
Ronald J. Hrinda, DMD, Secretary-Treasurer
Marjorie J. Chema, DDS
Karen Clough, Public Member
Neil S. Hiltunen, DMD
Eliot L. Paisner, DMD
Camillia L. Paras, RDH
Charles F. Post, DMD
Linda M. Seedner, RDHAbsent: None
The Board approved the minutes of the November 6, 2000 meeting.
HEARING - 5:20 P.M. - Robert A. Gold, DDS
The president of the Board, Stephen A. Sewall, DDS, commenced a public hearing pursuant to RSA 317-A:17, RSA 317-A:18, RSA 541-A:31 and Den 206.02 for the purpose of discussing terms suggested by the Board in an Order of Conditional Denial, issued on February 28, 2000. Dr. Gold was not present. Attorney John G. Vanacore appeared on behalf of Dr. Gold.
Dr. Sewall, closed the hearing at 5:45 P.M.
ADMINISTRATIVE
1. Statute and Rules
a. Statutory Proposals - Representative Merton S. Dyer is sponsoring amendments to RSA 317-A:6, A:8, A:15, A:18, and A:18-a at the request of the Board.
b. Rule Proposals - The Board is in the process of amending PART Den 101, Den 301.01 and Den 301.02.
2. Citizen Advocacy Meeting - Karen Clough submitted documents to the Board related to the Citizen Advocacy meeting she recently attended in Seattle, WA. Discussion was tabled until next month's meeting to give the Board time to review the material.
3. Federation of Associations of Regulatory Boards (FARB) - The Board's legal counsel, Senior Assistant Attorney General Wynn Arnold, attended the annual FARB meeting. He briefed the Board on some of the topics addressed.
a. Many states have problems separating the adjudication function of professional boards from the investigation and prosecution functions. Administrative Prosecution Units (APU) facilitate this separation.b. Many states give the dental board authority to fine non-licensees practicing dentistry. This is done because it is difficult to get county authorities to take action. The Board may want to seek similar statutory authority.
c. Some states do criminal background checks on applicants for licensure.
d. Electronic practice is a growing, complex problem. It usually involves diagnosis and prescriptions. Since it is a form of interstate commerce, states will need to cooperate to exert control. A legal precedent is needed.
e. The use of non-state standards in state statutes is being challenged as an unconstitutional delegation of authority. One approach to this problem is to adopt standards similar to those now referenced.
f. The ownership of dental practices and its effects on the public welfare continue to be a nation-wide issue.
Attorney Arnold established contacts with his counterparts in other states, especially in New England. This will help when addressing like issues in New Hampshire.
4. New England Boards of Dentistry Meeting - This meeting will be held in Boston, Massachusetts on January 27, 2001 at 11:00 A.M. Board members and staff are invited to attend.
*5. Advertising - Pursuant to RSA 317-A:31, regardless of the number of dentists in a dental practice, all advertisements of dental services shall contain the names of the dentists whose services are being advertised and shall state whether each dentist is a general dentist or, if qualified, a specialist in the named area of specialization.
6. Anesthesia/Sedation - Pursuant to RSA 317-A:12 X11-a, RSA 317-A:20 II and Den 304.02, no dentists shall use general anesthesia, deep sedation or conscious sedation on an outpatient basis for dental patients, unless such dentist possesses a permit of authorization issued by the Board. A dentist working with a certified nurse anesthetist, while treating a dental patient on an outpatient basis, shall have a properly staffed and equipped facility as set forth in the 1999 edition of the "Guidelines for the Use of Conscious Sedation, Deep Sedation and General Anesthesia for Dentists" of the American Dental Association.
The Board voted to appoint Dr. James B. Haas, a pedodontist, to the Board's Anesthesia and Sedation Evaluation Committee.
7. Informational
a. Out-of-State Internet Dentists
b. Test Vacancies
c. Board Membership - Governor Jeanne Shaheen has appointed Linda M. Seedner, RDH to the Board. Ms. Seedner replaces Kristine Hodsdon, RDH.
d. Oral Health Meeting* Dr. Jarvis was recused.
QUALIFICATION AND LICENSURE
1. CONTINUING EDUCATION
a. James W. Brown, DMD - The Board voted to approve Dr. Brown's continuing education for the biennium ending March 31, 2000. Dr. Brown will be informed that four hours of his recently submitted continuing education can be applied to the present biennium.b. Samuel W. Kouchalakos, DDS - (waiting for input from Dr. Chema)
2. INACTIVE TO ACTIVE
The Board voted to activate the licenses ofa. Geneva L. Barker, RDH and
b. Susan McCullom-Barry, DDS
3. APPLICATIONS APPROVED
Patrick J. Racz, DDS
Kathleen Stimmler, RDH
Nicholas C. Diamantis, DDS
Brenda J. Hale, RDH
Noha A. Elkadry (Mashali), DMD
Robin Lisa Lensing, RDH
Mary E. Adams, RDH
Members of the Board voted unanimously, unless otherwise indicated.
The Board voted unanimously to go into non-public session for the purpose of discussing investigations of alleged licensee misconduct, noting that such a non-public session is authorized by RSA 91-A:3, and the Board's executive and deliberative privileges.