2003 Minutes, Public

NEW HAMPSHIRE BOARD OF DENTAL EXAMINERS

PUBLIC MINUTES

January 6, 2003

The January 6, 2003 meeting of the New Hampshire Board of Dental Examiners convened at 4:00 p.m. with the following members present:

Stephen A. Sewall, DDS, President
Ronald J. Hrinda, DMD, Secretary-Treasurer
Marjorie J. Chema, DDS
Neil S. Hiltunen, DMD
Eliot L. Paisner, DMD
Linda M. Seedner, RDH
Charles F. Post, DMD
Absent: Camillia L. Paras, RDH
Karen Clough, Public Member

The Board approved the minutes of the December 2, 2002 meeting as amended.

Administrative

1. Statute and Rules

a. Statutory Proposals
1) Board Proposal - The Board voted to recommend to the committee addressing the Board's proposed amendments to RSA 317-A:20 that the word "licensed" be inserted before the word "dentist" in section III, so it reads:
"III - No change of dental treatment or of a dental treatment plan by a third party analyst, who provides a diagnosis, treatment plan, prescription, or any combination of these shall be made unless performed by a licensed dentist who is a graduate of a school of dentistry accredited by the American Dental Association."

b. Rule Proposals

1) The Board voted to adopt amendments to Den 302.05(o) and (p), and Den 401.03 addressing coronal polishing by dental assistants, and Den 302.05(q) and (r) addressing the administration of local anesthesia by dental hygienists.
2) The Board voted to begin the rule making process in the following areas:

a) Den 301.01(d) and Den 301.02(d) - notarized licensed applications;
b) Den 301.01(e) and Den 301.02(e) - English language use in license applications;
c) Den 301.04 - board fees;
d) Den 302.05 - continuing education documentation;
e) Den 402.01(b) - citation change;
f) Den 402.01(b)(9) - local anesthesia;
g) Den 402.01(c) - fluoride rinse programs;
h) Den 403.07(b) - CPR courses; and
i) Den 501.01(b) - mortality reports.

2. Biennial Budget (04 - 05) - The Board addressed the proposed reduction in the budget for fiscal years 2004 and 2005. This proposal would seriously impact the Board's investigations of licensee misconduct, as well as terminate most of the monitoring of controlled drugs in dental offices performed by the Pharmacy Board and paid for the Dental Board. Pursuant to RSA 317-A:4 I, (e), fees established by the Board shall be sufficient to provide revenue equal to 125% of the direct operating expenses of the Board. Significant changes in the Board's budget therefore result in license fee adjustments - in this instance a cancellation of a proposed increase in fees. The Board has been directed to submit a prioritized list of reductions for its 04 - 05 budget. The Board reviewed and voted to approve a list for submission.

3. Dental Materials Fact Sheet - HB 1251 became effective on January 1, 2003. It directed the Board to develop a pamphlet regarding the risks and benefits of dental restorative materials. The Board developed the pamphlet and mailed it to all New Hampshire licensed dentists on December 5th, 2003. The Board expected the pamphlet and the method of its distribution to elicit questions from dental practitioners. At this meeting the Board discussed the questions and came to the following conclusions which will be disseminated to all practitioners.

a. May I modify the form?
      Answer - No, because the Board's president has endorsed it for the Board. You may supplement it with separate information.
b. Can I reproduce the pamphlet?
      Answer - Yes.

c. May I change the pamphlet from two sided to one sided?
       Answer - Yes.

d. Must I give a pamphlet to each patient?
       Answer - Yes.

e. Can I place the pamphlet in a translucent protector and take it back once the patient has read it?
       Answer - Yes.

f. Do I give the pamphlet to the patient multiple times?
       Answer - Only if the pamphlet is substantively changed.

g. Should I document that I gave it?
       Answer - The board recommends that you document it.

h. I work in a prison. Do I have to give my patients a pamphlet?
       Answer - Yes.

i. Do the dentists pay for the pamphlet?
       Answer - Yes.

j. How do you want this available to patients?
       Answer - Dentists should use their professional judgment as to how they will distribute the pamphlets.

4. Auxiliary Duties Committee - This committee is comprised of representatives from the New Hampshire Dental Assistants Association, the Dental Hygienists' Association and the Dental Society as well as two members of the Board. It will be meeting on Monday, January 27, 2003.

5. Informational

a. Board Dental Auxiliary Committee.
b. Globe Article.
c. OSAP Press Releases.
d. Professional Renewal Center.
e. Aspen Dental - The Board voted to send a letter to Aspen Dental reminding the organization of the requirements of RSA 317-A:31. The Board will also ask the Dental Society to publish a brief statement in the Granite State Dentist newsletter addressing the same requirement.
f. AADE Meeting.
g. Status of Sanctions.

QUALIFICATION AND LICENSURE

1. ANESTHESIA/SEDATION EVALUATION

The Board voted to approve the anesthesia/sedation evaluation of Nader Moavenian, DDS.

* 2. INACTIVE TO ACTIVE

The Board voted to require Grant G. Greene, DMD to complete 30 hours of continuing education, in addition to the 10 hours submitted in the last biennium, as a requirement for the activation of his New Hampshire dental license.

3. TENTATIVE APPROVAL OF LICENSE APPLICATION

The Board voted to accelerate the license application process of Peter S. Katz, DDS, to facilitate his assumption of the dental practice of a seriously injured dentist.

4. APPLICATIONS FOR APPROVAL

John Ryan Low, DDS
Barbara June Gregory, RDH
Robert C. Aborjaily, DDS
Lisa M. Baril, RDH
Mathew Joseph Cielinski, DMD
Judy Robbyne Martin, RDH
John A. Rollow, IV
* Dr. Paisner dissented, Linda Seedner, RDH abstained.

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.

Raymond J. Jarvis, DMD
Executive Secretary

February 3, 2003

The February 3, 2003 meeting of the New Hampshire Board of Dental Examiners convened at 4:00 p.m. with the following members 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
Linda M. Seedner, RDH
Charles F. Post, DMD
Absent: None

* The Board approved the minutes of the January 6, 2003 meeting as amended.

Administrative

1. Statute and Rules

a. Statutory Proposals
1) HB 201 - The Board has proposed amendments to RSA 317-A:20 Practice of Dentistry. Those amendments address the definition of the word "dentistry", ownership of dental practices, supervision of dentists, third party analysts, and dental students The Board began drafting the changes a year ago and has indicated in its public minutes that RSA 317-A:20 as well as other sections of RSA 317-A were being proposed for amendment. Section A:20 is addressed in HB 201 and will be the subject of a public hearing tomorrow, February 4, 2003. It is sponsored by Representative Jane Langley of Rye.
2) The Board has asked representative Langley to sponsor a second bill which proposes changes in section RSA 317-A4 I (b), 4 IV, 5, 7-a, 10, 12 III, 17 II (g), 17 II (j), 25, 29 and 35. At this time the bill has not been assigned a number.
Board minutes are available at the Board's office and on the Boards web site.

(3) HB 148 - This bill requires that all state agencies that issue professional licenses provide renewal notification at least 45 days prior to the date of licensure required in law. The requirement is already stated in RSA 317-A:13 License Renewal.

(4) HB 227 - This bill establishes a committee to study the feasibility of consolidating the administrative functions of regulatory boards and commissions into a single agency.

b. Rule Proposals

(1) The Board has begun the rule making process in the following areas:
(a) Den 301.01(d) and dent 301.02(d) - notarized licensed applications;
(b) Den 301.01(e) and Den 301.02(e) - English language use in license applications;
(c) Den 301.04 - board fees;
(d) Den 301.05 - continuing education documentation;
(e) Den 402.01(b) - citation change;
(f) Den 403.01(b)(9) - local anesthesia;
(g) Den 402.01(c) - fluoride rinse programs;
(h) Den 403.07(b) - CPR courses; and
(i) Den 501.01(b) - mortality reports.

2. Semi-Annual Budget Update - Executive Order 2003-1 dictates that no monies appropriated for equipment or out-of-state travel shall be obligated.

3. Budgets FY 2004 - 2005 - The Board voted to approve budgets for FY 04-05.

4. Hygienist's Registration Information Letter - informational.

5. Hygienist's Continuing Education - The Board reasserted its policy of requiring hygienists to complete 20 hours of continuing education during each period of biennial licensure.

6. Dental Materials Fact Sheet - The Board developed a dental materials fact sheet, pursuant to HB 1251 (2002) in consultation with Health and Human Services and the New Hampshire Dental Society. The pamphlet was sent to 897 dentists with active New Hampshire dental licenses after the Board's legal counsel confirmed that it met the requirements of HB 1251.

7. Semi-annual Project Update - informational.

8. HIPAA - The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that addresses electronic transactions between providers and payers. It also addresses the privacy of patient records. The Board's responsibility regarding this law is to direct practitioners to a source of up-to-date HIPAA information.

9. Local Anesthesia Qualification - The Board voted to amend Den 302.05 to allow endorsement of dental hygienists, who have qualified to administer local anesthesia in another jurisdiction, to administer local anesthesia in New Hampshire without having to take a written examination.

10. Birthdays - The Board voted to compile data indicating the age of active dentists and hygienists. This should be helpful to other agencies in planning for future state needs and should be relatively easy to deduce from the Board's files.

11. April 1 TECH Testing - Board members Linda Seedner, RDH volunteered to administer the National Board Dental Examination at the New Hampshire Technical Institute on April 1, 2002.

12. Informational

a. Status of sanctions
b. Dental Assisting National Board Report
c. Organization for Safety and Asepsis Procedures
d. National Dental Examiners Advisory Forum

QUALIFICATIONS AND LICENSURE

1. ANESTHESIA/SEDATION EVALUATION

The Board voted to approve the anesthesia/sedation evaluation of Peter Reich, DMD.

2. APPLICATION APPROVED

Susan Takei, DDS Wendy Lynne Marquis, RDH
Kathleen Te-Yuan Chan, DDS

* Camillia Paras, RDH and Karen Clough abstained.

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.

Raymond J. Jarvis, DMD
Executive Secretary

March 3, 2003

The March 3, 2003 meeting of the New Hampshire Board of Dental Examiners convened at 4:00 p.m. with the following members present:

Stephen A. Sewall, DDS, President
Ronald J. Hrinda, DMD, Secretary-Treasurer
Karen Clough, Public Member
Neil S. Hiltunen, DMD
Eliot L. Paisner, DMD
Camillia L. Paras, RDH
Charles F. Post, DMD
Absent: Marjorie J. Chema, DDS
Linda M. Seedner, RDH

The Board approved the minutes of the February 3, 2003 meeting as amended.

HEARING - 5:00 P.M. - Gerald A. Berube, DDS

The president of the Board, Dr. Stephen A. Sewall, commenced a public hearing in this matter pursuant to RSA 317-A:17, RSA 317 A-18, and Dental Administrative Rule ("DEN") 206 and 210. The issues addressed involved failure to provide patients with requested copies of their records, failure to respond to inquiries from the Board, failure to respond truthfully to the Board, failure to provide typed copies of handwritten notes as requested by the Board, and responding to the Board in eighty-eight days rather than twenty days in violation of RSA 317 A:17 II (e) and (j), Den 501, RSA 317-A:18 VI and VIII.
Hearing counsel, attorney Marguerite L. Wageling, presented 3 witnesses and submitted 26 exhibits. Counsel for the Respondent, Peter A. Meyer, Esq., presented 3 witnesses and 4 exhibits.

Dr. Sewall closed the hearing at 8:20 p.m.

Administrative

1. Statute and Rules

a. Statutory Proposals
1) HB 201 - In this bill the Board proposed amendments to RSA 317 A:20 Practice of Dentistry. The amendments were constructed to reflect the changes which have occurred in the last 50-100 years in the environment in which dentistry is practiced. The principle amendments were:
a) The definition of the practice of dentistry: The American Dental Association (ADA) defines the practice of dentistry as occurring when a dentist performs certain procedures. The Board's amendment stated that the practice of dentistry is the performance of these ADA described procedures by anyone. If not defined as such, then anyone could perform dental procedures and unless he or she was a dentist, the Board could not seek an injunction to stop the practice, i.e., not being a dentist, a person could not be accused under the ADA definition as practicing dentistry.
b) The ownership of dental practices:

Presently, only a dentist or a physician can own a dental practice. The state, as well as private hospitals, and charitable organizations have been establishing dental offices to serve the needs of those who have difficulty obtaining dental care. These offices are not in compliance with the Dental Practice Act, specifically RSA 317-A:20. The Board believes the important issue is that no one interferes with the professional judgment of the dentist, not who owns the dental practices. The Board's amendment would have allowed non-dentist ownership of dental practices to facilitate the provision of dentistry to all New Hampshire citizens.

c) Third party dental diagnosis, treatment planning and prescribing:

These procedures are part of the practice of dentistry. The Board's amendments would have required that the third party be a dentist. Note: This stipulation would not affect physicians because a physician is allowed to do any medical procedure, including dental procedures under the Medical Practice Act (RSA 329).

d) Dental student supervision:

The Board's amendment would have required dental schools to provide faculty members who hold active New Hampshire dental licenses to supervise the training of dental students assigned to the New Hampshire institution. The schools would be directly responsible for the students' academic training.

The first three amendments were opposed by professional societies. The Bill was not referred to a subcommittee. It was voted 18-0 as inexpedient to legislate.

As a result of this experience, the Board voted to establish a permanent Board subcommittee to address statutory amendments. The intent of the Board is to have the subcommittee address statutory amendments with interested parties, including the professional societies, before suggesting amendments to the Board.

2) HB 617 - This is a second Board proposal. It addresses licensure by endorsement in RSA 317-A as recommended by the Joint Legislative Rules Committee. The bill also addresses the Code of Ethics of the American Dental Association in a manner recommended by the Attorney General's Office. There are also "housekeeping" aspects to the bill. This bill will be initially heard on March 5, 2003.

b. Rule Proposal

(1) The Board is considering rule proposals in the following areas:
(a) Den 301.01 (d) and Den 301.02 (d) - notarized licensed applications;
(b) Den 301.01 (e) and Den 301.02 (e) - English language use in license applications;

(c) Den 301.04 - Board fees;
(d) Den 301.05 - continuing education documentation
(e) Den 402.01 (b) - citation change;
(f) Den 403.01 (b)(9) - local anesthesia;
(g) Den 402.01 (c) - fluoride rinse programs;
(h) Den 403.07 (b) - CPR courses; and
(i) Den 501.01 (b) mortality reports.

2. Dental Auxiliary Committee - The Dental Auxiliary Committee is a committee organized by the Board to address the expansion of dental auxiliary duties. Board members Ron Hrinda, DMD and Camillia Paras, RDH with Sue Ellen Casey, CDA, Donna Clougherty, RDH, Cindy Northrop, RDH and Stephen Ura, DDS, comprise the committee. They met on January 27, 2003 and will meet again on May 19, 2003. Dr. Hrinda and Camillia Paras submitted minutes of the January 27th meeting to the Board.

3. Board Legal Training - The state is offering training to Board members on due process, discovery, investigations, prosecutions and the writing of orders. Board members will be notified of the next training session.

4. Dental Materials Fact Sheet - The Board discussed a letter submitted to the Board regarding the dental materials fact sheet required by HB 1251.

5. HIPPA - The Board will determine whether the state has any patient privacy requirements more stringent than HIPPA.

6. Informational:

a. Insurance Reporting Code
b. ADA re: Auxiliaries
c. Testing Acceptance
d. Status of Sanctions

QUALIFICATIONS AND LICENSURE

1. LOCAL ANESTHESIA QUALIFICATION

a. The Board voted to issue a certificate for no fee to each dental hygienist who qualifies to administer local anesthesia. A copy will be kept in the dental hygienist's license file. The Board will maintain a list of dental hygienists who have qualified. The certificate shall be displayed by dental hygienists at their place of employment.
b. The Board voted to qualify by endorsement Katherine Mooney-Thayer, RDH to administer local anesthesia.

2. PUBLIC HEALTH SUMMARY REPORTS

The Board voted to accept the public health summary reports of the Seacoast Healthy Grins of Portsmouth, NH and the Speare Memorial Hospital of Plymouth, NH areas.
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.

Raymond J. Jarvis, DMD
Executive Secretary

April 7, 2003

The April 7, 2003 meeting of the New Hampshire Board of Dental Examiners convened at 4:00 p.m. with the following members 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
Linda M. Seedner, RDH
Charles F. Post, DMD
Absent: None

The Board approved the minutes of the March 3, 2003 meeting.

HEARING - 5:00 P.M. - Robert T. Fiorillo, DDS
(Adjudicatory Proceeding)

The president of the Board, Dr. Stephen A. Sewall,, commenced a public hearing in this matter pursuant to RSA 317-A:17, RSA 317-A:18 and Dental Administrative Rule Den 206 and Den 210. The issues addressed included Dr. Fiorillo's failure to notify the federal Drug Enforcement Agency or the New York State Dental Board of the December, 2002 Settlement Agreement between the New Hampshire Board of Dental Examiners (Board) and Dr. Fiorillo, failure to state that he had been sanctioned by the Board on his Title XIX (Medicaid) Program Providers Enrollment Application completed after his license was suspended, prescribing controlled substances while his license was suspended thereby practicing dentistry, and failure to record the controlled drug prescriptions in his patient's record in violation of RSA 317-A:17, II (d), (e), (f), (j), RSA 317-A:20 (d) and the Code of Ethics, Principle: Beneficence 3.B., and Veracity 5.
Hearing counsel, attorney Marguerite L. Wageling, presented 3 witnesses and submitted 7 exhibits. Counsel for Dr. Fiorillo, David P. Slawsky, Esq., presented 7 witnesses and 7 exhibits.
Dr. Sewall closed the hearing at 8:30 p.m.

Administrative

1. Statute and Rules

a. Statutory Proposals
1) HB 617 - This bill was passed by the House and referred to the Senate. It is a Board proposal. It addresses licensure by endorsement and the Code of Ethics, as well as "housekeeping" changes in the Dental Practice Act - RSA 317-A.

b. Rule Proposals

1) Rule Package 2003-I - there will be a public hearing on these proposals at 5:00 p.m. on May 5, 2003. The proposals address the following topics:
a) Den 301.01 (d) and Den 301.02 (d) - notarized licensed applications;
b) Den 301.01 (e) and Den 301.02 (e) - English language use in license applications;
c) Den 301.04 - Board fees;
d) Den 301.05 - continuing education documentation
e) Den 402.01 (b) - citation change;
f) Den 403.01 (b)(9) - local anesthesia;
g) Den 402.01 (c) - fluoride rinse programs;
h) Den 403.07 (b) - CPR courses; and
i) Den 501.01 (b) mortality reports.

2) Rule Package 2003 II - The Board reviewed a preliminary draft of these proposals. The Board will address them again at the Board's meeting on May 5, 2003.

2. Committee on Statutory Changes - The Board voted to appoint Board members Linda M. Seedner, RDH and Eliot L. Paisner, DMD as well as the Board's executive secretary, to this recently established Board committee. The intent of the Board is to have the committee address statutory amendments with interested parties, including the professional societies, before suggesting amendments to the Board.

3. Retirement of Dentists - The Board is drafting a rule to provide guidance to dentists regarding their responsibilities at the time of retirement from dental practice. The protection and provision of dental records to patients is a significant concern. The need for this guidance was suggested by a dentist who is retiring.

4. Certificate of Local Anesthesia Qualification - The Board voted to draft a rule requiring a $10.00 fee for a certificate of anesthesia qualification. The certificate will be for an indefinite period.

5. "Credentialing" - The Board received a letter regarding the appropriateness of a survey issued by a dental insurance company. The Board's legal counsel advised that the letter should be directed to the New Hampshire Insurance Department.

6. Shades - The Board concluded that a dentist would not be violating the Dental Practice Act (RSA 317-A) if he or she sent a patient to a dental laboratory with a written prescription requesting a shade determination. The Board emphasized that the current guidelines of the American Dental Association published in Infection Control Recommendations must be followed.

7. Subpoenas - The Board voted to authorize the issuance of subpoenas at the initiation of an investigation pursuant to RSA 317-A:18.

8. Dental Director, Health Planning and Medicaid - Margaret M. Snow, DMD has been appointed to this position. For planning purposes, she has asked the Board for information regarding dentists and dental hygienists. The Board will provide public information to her as it becomes available.

9. Military Active License Fees - The Board has been informed by some military dentists that their military commanders are requiring them to have an active state dental license. The Board's legal counsel informed the Board that it may activate such licenses but can not waive the extra fee. The Board may waive continuing education requirements.

10. Registration 2003 - For the first time the biennial registration for hygienists is being held in an odd number year. This is being done to spread the licensing process evenly from year to year. Ninety-five percent of New Hampshire licensed hygienists registered by the April 1, 2003 deadline.

11. Informational

a. Attorney Hollenberg
b. Dr. Robert Keene
c. Dental Hygiene Course
d. AADE Member-at-Large
e. Granite State Dental - Letter
f. Oral Health Program
g. NHTI Supervision
h. ADA Testing Center Arrangements
i. Status of Sanctions

QUALIFICATIONS AND LICENSURE

1. PUBLIC HEALTH SUMMARY REPORTS

The Board voted to accept the public health summary report of the Miles of Smiles In the Great North Woods of Lancaster, NH.

2. TEMPORARY LICENSE

The Board voted to approve Dr. MacIssac's application for a one year temporary license with a letter stating that even though he does not have to take the jurisprudence exam he is still required to know the laws and rules of this state.

3. INACTIVE TO ACTIVE

The Board voted to approve the request of Darren J. Forcier, DDS, Cindy A. Davis, RDH and Edward B. Doherty, DDS to activate there inactive licenses.

4. APPROVED APPLICATIONS

Andrew Todd Cheifetz, DMD
Maureen Ann Grimes, RDH
Walter Sungene Hong, DDS
Donna Ann Booth, RDH
Hiroshi Hinenoya, DDS
Michele Lee Coakley, RDH
Stanley Robert Deitz, DMD
Cynthia Helen Houghton, RDH
James Francis Connors, II, DMD
Lisa Ellen Blais, RDH
Donna Rita Sullivan, RDH
Jessica Shipman, RDH
Amy Katherine Browell, RDH
Marsha Jean Taft, RDH
Christine Rita Soucy, 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.

Raymond J. Jarvis, DMD
Executive Secretary

May 5, 2003

The May 5, 2003 meeting of the New Hampshire Board of Dental Examiners convened at 4:00 p.m. with the following members present:

Ronald J. Hrinda, DMD, Secretary-Treasurer
Marjorie J. Chema, DDS
Karen Clough, Public Member
Neil S. Hiltunen, DMD
Eliot L. Paisner, DMD
Linda M. Seedner, RDH
Charles F. Post, DMD
Absent: Stephen A. Sewall, DDS, President
Camillia L. Paras, RDH

The Board approved the minutes of the April 7, 2003 meeting as amended.

PUBLIC HEARING - 5:00 P.M

Ronald J. Hrinda, DMD, the secretary-treasurer of the Board, commenced a public hearing pursuant to the Administrative Procedures Act (RSA 541-A) to hear testimony on proposed amendments to the Board's Administrative Rules. The proposals address the following topics:

a) Den 301.01 (d) and Den 301.02 (d) - notarized licensed applications;
b) Den 301.01 (e) and Den 301.02 (e) - English language use in license applications;
c) Den 301.04 - Board fees;
d) Den 301.05 - continuing education documentation
e) Den 402.01 (b) - citation change;
f) Den 403.01 (b)(9) - local anesthesia;
g) Den 402.01 (c) - fluoride rinse programs;
h) Den 403.07 (b) - CPR courses; and
i) Den 501.01 (b) mortality reports.

Testimony was heard from Jim Williamson, Executive Director of the New Hampshire Dental Society, on the amendments to Den 301.01(d) and Den 301.02(d) that would reinstate the requirement that applications for licensure be notarized. The hearing was closed at 5:15 p.m.

1. Statute and Rules

a. Statutory Proposals
1) HB 617 - This bill has been voted "ought to pass" by both House and Senate sub-committees. It is a Board proposal addressing licensure by endorsement and the Code of Ethics, as well as "housekeeping" changes.

b. Rule Proposals

1) Rule Package 2003-I - see public hearing above.
2) Rule Package 2003-II - The Board approved preliminary drafts of this package of rules before beginning the rule making process.

2. State of New Hampshire Dental Director - Margaret M. Snow, DMD has been appointed Dental Director. She met with the Board's executive secretary to discuss the initiatives of the Office of Health Planning and Medicaid, as well as the Office of Community and Public Health.

3. Board Organization Review - Upon reviewing its five sub-committees, the Board voted to terminate three which had completed their assigned tasks in the areas of administrative rules, substance abuse, and the practice of dentistry. The Board retained subcommittees addressing malpractice and dental auxiliary duties and created a third to address statutory changes. Board members also serve on the Northeast Regional Board Steering Committee.

4. HIPAA and New Hampshire Law - Counsel has advised the Board that, pursuant to RSA 91-A:5, and RSA 317-A:17 II (j) of the Dental Practice Act, all dental records are confidential and privileged.

5. Board Meeting with Dental Society - The Board instructed its executive secretary to arrange a meeting between the Dental Society and the Board's statutory committee, as requested by the Society.

6. Inactive to Active Licensure - The Board voted to address the activation of licenses in the same manner as initial licensure, i.e., review by the Board's three staff members and a member of the Board. If there is a problem the whole Board will review the application.

7. Informational

a. Status of Sanctions
b. M. Kristen Spath
c. Kentucky Retirement - The Board voted to ask licensees on the biennial registration and renewal form to inform the Board if they intend not to renew their license because of retirement.
d. Board Member Terms
e. NHTI Accreditation
f. NERB Exam Letter

QUALIFICATION AND LICENSURE

1. LOCAL ANESTHESIA BY HYGIENISTS

The Board voted to qualify the following hygienists to administer local anesthesia, not to include the administration of Nitrous Oxide:
Janet Dale Stoll, RDH, by endorsement
Arlene S. Gallinari, RDH, by examination
Brenda Lee Frisbie, RDH, by endorsement

2. REGISTRATION

a. Dental Hygienists' 2003 Registration - The Board registered and renewed the licenses of 1,230 dental hygienists during the months of February and March 2003.
* b. Corita McAllister, RDH - The Board voted not to waive the fee for late registration. Ms. McAllister did not provide the Board with an address as required by RSA 317-A:13 III.

c. Michael Morley, DDS - The Board voted to send Dr. Morley a letter indicating the relevant statute and rule in this matter.

d. Catherine J. Ruffle, RDH, JD - The Board voted to send a letter to Ms. Ruffle quoting the relevant rule regarding her continuing education.

3. INACTIVE TO ACTIVE

Linda E. Pesaturo, RDH - The Board voted to request further information before activating Ms. Pesaturo's license.

4. APPLICATIONS APPROVED

Aaron Anthony Demaio, DMD
Shawn C. Silva, RDH
Susanne Schoppert Wallengren, DDS
Colleen Margaret Walsh, RDH
Carolyn Margaret Evelyn Mankiewicz, DDS
Holly Rose Devaney, RDH
Yung Tay Lang, DDS
Anu Isqaac, DMD
Anita Agarwal, DMD
David James DePasquale, DMD
Peter Shih-Yao Chen, DMD

* Dr. Paisner and Dr. Chema dissented.

Members of the Board voted unanimously, unless otherwise indicated.

Raymond J. Jarvis, DMD
Executive Secretary

June 2, 2003

The June 2, 2003 meeting of the New Hampshire Board of Dental Examiners convened at 4:00 p.m. with the following members present:

Stephen A. Sewall, DDS, President
Ronald J. Hrinda, DMD, Secretary-Treasurer
Camillia L. Paras, RDH
Karen Clough, Public Member
Neil S. Hiltunen, DMD
Eliot L. Paisner, DMD
Linda M. Seedner, RDH
Charles F. Post, DMD
Absent: Marjorie J. Chema, DDS

The Board approved the minutes of the May 5, 2003 meeting as amended.

Administrative

1. Statute and Rules

a. Statutory Proposals
1) HB 617 - This bill addresses licensure by endorsement and the Code of Ethics, as well as Dental Practice Act housekeeping matters. It has been referred back to the House as "ought to pass with amendment". The amendment is to add back a phrase inadvertently dropped from the original bill.

b. Rule Proposals

1) Rule Package 2003-I - The Board voted to approve drafts of rules that were amended after the rule public hearing held at the Board's May 5, 2003 meeting.
2) Rule Package 2003-II - The Board has approved preliminary drafts of this package of rules and is starting the rule making process

2. WREB Skills Assessment - The dental Western Regional Examining Board is studying the need for a special examination for use by state dental boards. The Board concluded that it does not have a need at this time for such an examination, given that the Board uses the Northeast Regional Board examination when evaluating licensees.

3. Answer Publicity - The Board voted to make use of its web site to publicize answers to questions submitted to the Board by licensees.

4. Dental Auxiliary Duties Committee - This Committee is composed of members of the Board, the New Hampshire Dental Hygienists' Association, the New Hampshire Technical Institute and the New Hampshire Dental Society. Its purpose is to identify additional duties that may be assigned to dental hygienists and dental assistants after appropriate training in order to better serve the public. The Committee met on May 19, 2003 and will meet again on September 22, 2003. In the meantime, proposed duties identified at the May 19, 2003 meeting will be reviewed by the members' organizations, and comments so generated will be used to make preliminary rule drafts or, if there is significant opposition to an expanded duty, to eliminate that duty from the final package. The goal is to move ahead and to expand duties to an extent present in many other states.

5. Dental Society Meeting - The Board will be meeting with the New Hampshire Dental Society to discuss proposals that were part of HB 1251, a bill which was recently defeated. HB 1251 was a Board proposal.

6. Dental Amalgam - HB 201 required that dentists explain the risks and benefits of dental restorative materials to their patients. A pamphlet developed by the Board in conjunction with the Department of Health and Human Services and the New Hampshire Dental Society for this purpose has been distributed to all dentists holding active New Hampshire Dental Licenses. The pamphlet is based on current science as assessed by the major national and international scientific institutes. The sponsors of the bill are not satisfied with the pamphlet.

7. Informational

a. AADE/Oral Conscious Sedation
b. AADE "Bulletin" Articles
c. AADE Annual Meeting
d. ADA CERP Providers
e. NCPDP Communication - The Board voted to send a letter to the NCPDP stating that it is not ready to join in their efforts to create a nationally recognized identification number for all individuals that prescribe medication.
f. Statutory Committee Meeting
g. Status of Sanctions

QUALIFICATION AND LICENSURE

1. LOCAL ANESTHESIA BY HYGIENISTS

The Board voted to qualify the following hygienists to administer local anesthesia:
Sheryl Fratino, RDH
Naomi Arnado, RDH
Jean E. Magee, RDH
Virginia Kapetanakis Moore, RDH
Teresa Davenport, RDH
Linda J. Maciel, RDH

2. PUBLIC HEALTH SUPERVISION

The Board voted to approve the following hygienist to practice under public health supervision:
Maria Beguiristain, RDH

3. APPLICATIONS APPROVED

NEW
Yuan-Chen Lang, DDS
Patty Lynn Foster, RDH
Chung-Ming Chang-Chien, DDS
Alyssa Marie Tremaine, RDH
Maria D. Zequeira, DMD
Adria Lynn Pritchard, RDH
Deborah E. Tung, DMD
Debra Lynn Lyons, RDH
Ann Marie Miller, DMD
Leigh-Ann French, RDH
Iman Mohamed Elkeeb, DMD
Tara Anne Albright, RDH
Joshua Daniel Howard, DMD
Donna Marie Bolduc, RDH
Michelle Leda Picott, RDH
Joanna Lynn Oppedisano, RDH
Lisa Ann Larochelle, RDH
Brenda Lee Murphy, RDH
Melanie Laurie Rancourt, RDH
Kristy Rae Labbe, RDH
Jean Frances Josler, RDH
Heather Leigh Ambriano, RDH
Janaisa Eileen Foye, RDH
Mary Jane Billings, RDH
INACTIVE TO ACTIVE
Lee Ann Patry, RDH
Valerie J. Perkins, 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.

Raymond J. Jarvis, DMD
Executive Secretary

July 7, 2003

The July 7, 2003 meeting of the New Hampshire Board of Dental Examiners convened at 4:00 p.m. with the following members present:

Stephen A. Sewall, DDS, President
Ronald J. Hrinda, DMD, Vice President
Camillia L. Paras, RDH
Karen Clough, Public Member
Neil S. Hiltunen, DMD
Eliot L. Paisner, DMD
Linda M. Seedner, RDH
Charles F. Post, DMD
Absent: Marjorie J. Chema, DDS
Karen Clough, Public Member

The Board approved the minutes of the June 2, 2003 meeting as amended.

Administrative

1. Statute and Rules

a. Statutory Proposals
1) HB 617 - This bill addressed licensure by endorsement and the Dental Code of Ethics, as well as Dental Practice Act "housekeeping" matters. It was passed and took effect on July 1, 2003.

b. Rule Proposals

1) Rule Package 2003-I - These rule proposals were the subject of a public hearing on May 5, 2003.
2) Rule Package 2003-II - The Board will hold a public hearing addressing these rules at its monthly meeting on August 4, 2003.

2. State Employment Information - The Board was asked by the Economic and Labor Market Information Bureau of New Hampshire Employment Security to review the information the Bureau provides to the public regarding the dental and dental hygiene professions. The Board voted to suggest to the Bureau several amendments.

3. Information Letters - The Board voted to send an information letter annually to all licensees and to post the letter on the Board's web site.

4. The American Safety and Health Institute (ASHI) - The Board voted to recognize the ASHI as an equivalent provider of cardiopulmonary resuscitation (CPR) training to dental personnel and to amend its rules to reflect this recognition.

5. Board Officers - HB 617, which became effective on July 1, 2003, created a Board Vice President position and abolished the Board Secretary-Treasurer position. These changes better support the ways in which the Board conducts its business. Dr. Hrinda as Secretary-Treasurer became the Board's Vice President on July 1, the first in its history! At this meeting the Board elected Dr. Hrinda to replace Dr. Sewall as Board President and elected Dr. Paisner to replace Dr. Hrinda as Vice President. Dr. Sewall served as Board President for three years. Dr. Hrinda served as Vice President for six days.

6. Board Consolidation - The question of whether to consolidate state professional Boards has been addressed by the legislature on multiple occasions. Consolidation has not occurred because it would not be in the public interest for reasons delineated at past hearings. The board voted to send a letter to the Commission Studying the Operating Efficiency of State Government strongly opposing consolidation.

7. Draft Agendas -The Board voted to place the public portion of its monthly meeting agenda on the Board's web site and to send agenda drafts to the New Hampshire Dental Hygienists' Association, the New Hampshire Dental Assistants' Association and the New Hampshire Dental Society at the time agenda material is sent to the Board.

8. Amalgam - The Board voted to invite representatives from the new Hampshire Dental Society and the Department of Health and Human Services, as well as Representative Batula from the Legislature Oversight Committee, to a meeting to discuss Representative Batula's concerns regarding HB 1251.

9. Ronald J. Hrinda, DMD confirmation - Governor and Council has confirmed the appointment of Dr. Hrinda to a second five year term.

10. Working Committee - A request was received by the Board from the New Hampshire Dental Society asking that a "Working committee" be established on an as needed basis to address future statutory and rule changes. The Board presently has a subcommittee established to address statutory proposals. The Board voted to inform the Dental Society, the Dental Hygienists' Association and the Dental Assistants' Association of proposed statutory and rule changes. Preliminary discussions will be held if requested by the aforementioned organizations.

11. Informational

a. Status of Sanctions
b. Board Suspense Chart

c. Semi-Annual Project Update

d. Annual Action Report - The Board voted to change the format of this report.

e. Coronal Polishing Course - The Board voted to neither approve or disapprove this course.

f. "Granite State Dentist" Excerpts

g. Central Regional Test - When taking this test, one does not have to pass all parts of the test to achieve a passing score. The Board voted to require passage of each part of the Central Regional Exam, if this exam is used as part of the New Hampshire dental license application.

h. ADA and Tooth Whitening - The Board voted to refer this issue to the Board's subcommittee addressing statutory changes. The Board will also bring this matter up at the American Association of Dental Administrators meeting in October, 2003. Briefly, the issue is whether intraoral impressions for tooth whitening procedures should be allowed without the supervision of licensed dentists.

QUALIFICATIONS AND LICENSURE

1. LOCAL ANESTHESIA BY HYGIENISTS

a. The Board voted to qualify by examination and to issue permits to administer local anesthesia to the following hygienists:
Marie T. McDonald, RDH
Diane M. Beaulieu, RDH
Amy J. Binette, RDH
Diane Marceau, RDH
Janice L. Zivitski, RDH
Rosemary J. McCarthy, RDH

b. The Board voted to qualify by endorsement and to issue a permit to administer local anesthesia to Jennifer M. Campbell, RDH.

2. PUBLIC HEALTH SUPERVISION

The Board voted to accept the annual reports of the following dental programs being conducted under public health supervision:
Healthreach Mobile Dental Program
Speare Memorial Hospital School Dental Health Program
School Smiles
Frisbie Memorial Hospital School Based Dental Health Ed

3. LICENSE QUERY

a. Leatendore Percentie, DDS - The Board voted to send Dr. Percentie an application for licensure.
b. Anamaria Villar, DMD - The Board voted to require Dr. Villar to retake the Central Regional Board Examination or to pass the written and manikin portions of the Northeast Regional Examination as part of any license application she submits to the Board.

c. Brijesh J. Patel, DDS - The Board voted to require Dr. Patel to pass the manikin portion of the NERB examination as part of his application for licensure.

4. ANESTHESIA AND SEDATION EVALUATION

The Board voted to approve the passage of the Anesthesia and Sedation evaluation conducted by Board consultants of the dental practice of David Greene, DMD and A. Jose Torio, DMD.

5. APPLICATIONS APPROVED

Mina H. Kalali, DMD Erin Elizabeth McConaghy, RDH
Carolyn Yea-Huey Liang, DMD Kathleen Marie Lund, RDH
Thomas B. Moon, DDS Carlene Marie Garneau, RDH
Shawn Christopher Silva, DMD Kimberly Ann Becker, RDH
Natalia Petrova, DMD Donna Kay Stevens, RDH
Gregory Adams Kapela, DDS Melanie Jane Huntington, RDH
Majdi Ibrahim Alrabady, DDS Betsy M. Vaughn, RDH
Paul Mathew, DDS Elaine Kaufmann, RDH
Kathryn Jane Strassner, DDS Jessica Lynn Casidy, RDH
Stephen Yialiades, RDH
Jennifer Mary Campbell, RDH
Alanna Kate Infinger, RDH
Chasity Elizabeth Wasco, RDH
Candy Ash Ploss, 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.

Raymond J. Jarvis, DMD
Executive Secretary

September 8, 2003

The September 8, 2003 meeting of the New Hampshire Board of Dental Examiners convened at 4:00 p.m. with the following members present:

Ronald J. Hrinda, DMD, President
Eliot L. Paisner, DMD, Vice President
Neil S. Hiltunen, DMD
Debra A. Albrecht, RDH
Linda M. Seedner, RDH
Charles F. Post, DMD
Marjorie J. Chema, DDS
Absent: Stephen A. Sewall, DDS
Karen Clough, Public Member

The Board welcomed recently appointed board member Debra A. Albrecht.

The Board approved the minutes of the August 4, 2003 meeting as amended.

Administrative

1. Statute and Rules

a. Statutory Proposals
1) The Board voted to instruct its statutory sub-committee to convene and consider amendments to RSA 317-A for proposal in the 2005 legislative session. After review by the full Board, the proposals will be discussed with interested parties to obtain concurrence and support before submission to sponsors.

b. Rule Proposals
1) Rule Package 2003-II - These rules were the subject of a public hearing at the Board's August 4, 2003 meeting. They are still winding their way through the rule making process.

2. Letters of Concern - The Board issues non-disciplinary, private letters of concern in instances where the behavior of a licensee does not rise to the level of a violation of the Dental Practice Act, but should the behavior continue, it may establish a pattern which becomes a violation. The board will ask its legal counsel for advice regarding letters of concern.

3. Media Relations - The Board voted to refer questions from the media to the Board's executive secretary, who will respond under the guidance of the Board's legal counsel. The reasons for referring media questions to the Board's executive Secretary are:

a. Board members act in a quasi - judicial capacity and, as such, should not be commenting on disciplinary matters in public.
b. Unless the Board authorizes a Board member to speak for the Board on a specific subject, the member should not assume that responsibility.

4. Canadian Examinations - Applicants for dental licensure by examination in New Hampshire must pass the Northeast Regional Board Examination or similar regional examination having a component in which clinical dentistry is performed. Graduates of Canadian dental schools who intend to practice only in Canada need only pass the National Dental Examining Board of Canada which does not have a component in which clinical dentistry is performed. The Board voted to ask the Maine and Vermont Dental boards how they address the clinical dentistry testing as it pertains to Canadian applicants.

5. Budget 04 - 05 - informational. A further update will be given to the Board at its next monthly meeting.

6. Amalgam - HB 1251 required the Board to develop a standardized pamphlet in consultation with the Department of Health and Human Services regarding the risks and benefits of dental restorative materials. This was accomplished by the Board in consultation with both New Hampshire Dental Society and Health and Human Services. The pamphlet is based on current science as evaluated by national and international scientific organizations. In response to dissatisfaction with the pamphlet being expressed by a sponsor of HB 1251, Health and Human Services unilaterally revised the pamphlet and sent it to the dissatisfied sponsor without Board input or agreement.

The Board voted to send a letter to Health and Human Services, with a copy to the New Hampshire Dental Society, asking why the Board was not consulted regarding the re-drafting of the pamphlet.

7. New Hampshire Technical Institute Liaison - The Board voted to appoint Board member Linda Seedner, RDH liaison to the New Hampshire Technical Institute.

8. Dental Administrators Meeting Topics - The American Association of Dental Administrators (AADA) is meeting in October. This is an excellent forum for exchanging ideas about issues that boards of dentistry are facing. The Board voted to introduce for discussion at the meeting the following issues:

a. Practice Ownership
b. Mall Tooth Whitening
c. Substance Abuse Program Protocols
d. Expanded Duties (including final impressions)
e. Amalgam
f. Letters of Concern

9. Substance Abuse Program - A dental licensee may enter the New Hampshire Physician Health Program (NHPHP) by self reporting either directly or through the Dental Society without the Board being aware of his or her participation. For the public's protection, when there needs is a complaint against a licensee who is a participant in the NHPHP, there needs to be a mechanism to make the Board aware of that participation. The Board voted to instruct its executive secretary to maintain a list of licensees in the program. A licensee on the list would be identified to the Board only if a complaint alleging a violation of the Dental Practice Act was received against the licensee.

10. Dentsply Questionnaire - Dentsply Pharmaceutical Corporation requested a scope of practice confirmation from the Board regarding the administration by hygienists of a combination anesthetic product called Oraqix. The Board voted to inform Dentsply that the Board will consider the request when and if the U.S. Food and Drug Administration (FDA) approves Oraqix.

11. Dental Hygiene Report - The Board has received a request from the dental hygiene caucus chair of an Open Forum being held at the American Association of Dental Examiners annual meeting in October. The request is for a succinct report describing any recent changes regarding dental hygiene. Board member Linda M. Seedner, RDH, volunteered to submit the report.

12. "Required" Oral Examination - There is some confusion among licensees as to whether RSA 317-A (The Dental Practice Act) and the dental administrative rules require a dental or oral examination of dental patients, and if so, what constitutes a dental or oral examination and how often must the examination be done. The Board voted to clarify these issues in the dental information letter sent to all licensees at their biennial registration and, if appropriate, in a dental administrative rule.

13. Federation of Associations of Professional Boards (FARB) - The Board voted to fund the attendance of its legal counsel at the FARB meeting, if funds are available. The Board's executive secretary may also attend. This meeting will be addressing various topics of interest to the Board, including administrative discovery and procedure, standardized examinations, consent orders, contracts, accreditation, consistency in sanctions, Board and Board member liability and continuing competence.

14. Orthodontic Assisting Course - Information regarding this course was sent to the Board by the New Hampshire Technical Institute (NHTI). The NHTI was considering referring students to the course because the NHTI will not be conducting an orthodontic assisting course until January, 2004. The Board voted to inform the NHTI that it is the responsibility of those planning to attend the course to assure that they and the course meet the requirements of Den 302.05(j), (k) and (l).

15. Public Health Supervision Form - continued.

16. NH Oral Health Workforce Database Project - The NH Dental Society and the NH Dental Hygienists' Association have asked the Board to support this project by supporting their request for a grant from the Endowment for Health, Inc. The principle project objective seems to be the accumulation of oral health workforce data which, when analyzed will identify present and future workforce requirements necessary to meet the oral health needs of New Hampshire residents. The Board voted to send a letter to the Endowment for Health, Inc. supporting the project and indicating that the Board will supply public data as requested.

17. The Boards council has indicated to the Board that the State of New Hampshire will be addressing the validity of testing procedures used in licensure proceedings.

18. Informational

a. Status of Sanctions
b. Governor and Council Report, FY 2003
c. Meeting Schedule, 2004
d. Sexual Orientation and Dental Treatment
e. NERB Public Advocacy
f. Board Consolidation
g. Gender Issues
h. Oregon Ownership
i. Citizen Advocacy Meeting
j. NHTI Courses
k. Board/Society Communication

QUALIFICATION AND LICENSURE

1. LOCAL ANESTHESIA QUALIFICATION

a. The Board voted to qualify by examination and to issue permits to administer local anesthesia to the following hygienists:
Ashley C. Grill, RDH
Carolyn A. Alonardo, RDH
Kylee A. Dionne, RDH
Lee-Anna Bruzga, RDH
Joan Kenney Fitzgerald, RDH
Michelle Ouellette, RDH
Heather Meyers, RDH
Michael E. Pendleton, RDH
Catherine E. Brock, RDH
Stefani A. Kayser, RDH
Eileen M. Mulligan, RDH

b. The Board voted to qualify by endorsement and to issue a permit to administer local anesthesia to Wendy St. Cyr, RDH.

2. PUBLIC HEALTH SUPERVISION SUMMARY REPORTS

The Board voted to accept the annual reports of the following programs being conducted under public health supervision:
Coos County Family Health Services
Manchester Health Dept. Dental Program

3. LICENSE QUERIES

* a. John R. Graceffa, Jr, DMD - Dr. Graceffa wishes to activate his inactive license and volunteer dental services at a not-for-profit dental clinic. Pursuant to RSA 317-A:8 II, "Any person applying for any license or privilege under this chapter, including any person seeking to convert from inactive to active status, shall provide the board with information relating to dental competence and professional conduct, to permit the board to make a fully informed decision that the applicant possesses sufficient competence and character to be issued a license under this chapter." The Board voted to inform Dr. Graceffa that he will have to meet the same requirements for license activation as required of other dentists. The Board will further address this issue in its administrative rules.
b. Thomas Kaumholtz, DDS - The Board voted to inform Dr. Krumholtz that he needs to be more explicit as to why the Board should grant him a time extension to complete his license application process. The Board uses time constraints to ensure the currency of application documents.

4. LICENSE APPLICATION APPROVALS

INITIAL
Rozita Esbah-Tabatabaie, DMD John Francis Devaney, RDH
Thomas S. Krumholz, DDS Julie Anne Mitchell, RDH
Hui Zhu, DMD Gina Marie Carucci, RDH
Raymond Joseph Helinski, DDS Stacy Dawn Greenlaw, RDH
Yen-Chang Chen, DMD Colleen Ann Perry, RDH
Houssam Alkhoury, DMD Tracy Leigh Achilles, RDH
Julian Lender, DMD Amy Jo Taylor, RDH
David Walter Butler, DDS
Srelatha Devi Avvaru, DMD

INACTIVE TO ACTIVE
Dawn E. Tibbetts, RDH

* Dr. Paisner abstained.

Members of the Board voted unanimously, unless otherwise indicated.

Raymond J. Jarvis, DMD
Executive Secretary

October 6, 2003

The October 6, 2003 meeting of the New Hampshire Board of Dental Examiners convened at 4:00 p.m. with the following members present:

Ronald J. Hrinda, DMD, President
Eliot L. Paisner, DMD, Vice President
Neil S. Hiltunen, DMD
Debra A. Albrecht, RDH
Linda M. Seedner, RDH
Charles F. Post, DMD
Marjorie J. Chema, DDS
Stephen A. Sewall, DDS
Absent: Karen Clough, Public Member

*The Board approved the minutes of the September 8, 2003 meeting as amended.

Administrative

1. Statute and Rules

a. Statutory Proposals
1) The Board's subcommittee on statutory changes will be meeting with interested parties on October 14, 2003 at 6:00 P.M. at the Board's office. The purpose of this meeting is to discuss the amendments proposed in HB 201 of the 2003 legislative session. This bill addressed the practice of dentistry and was voted inexpedient to legislate.

b. Rule Proposals
* 1) Rule Package 2003 II - The Board voted to adopt rule package 2003 II. These rule changes will be posted on the Board's web site
2) Rule Package 2004-I - The Board discussed initial drafts of rule package 2004-I addressing dental auxiliary duties. The Board concluded that some proposed duties, especially low risk reversible procedures would not require a qualifying course but rather could be mastered by experienced auxiliaries under direct supervision of a dentist

a. Voluntary Services - The question was raised as to whether the Dental Administrative Rules could be amended to encourage dentists and dental hygienists to volunteer their clinical services to public health dental facilities. The Board will readdress this question at its November 3, 2003 meeting.

2. Expert Witness - The Board received a request for the name of a dentist who could serve as an "expert witness for trial". The Board voted to inform the person making the request that the Board has no authority to make a recommendation.

3. Statement of Financial Interests - Informational

4. Dental Materials Fact Sheet - Representatives of the new Hampshire Dental Society and the New Hampshire Office of Community and Public Health were in attendance to discuss with the Board the pamphlet required by HB 201, a bill which took effect on January 1, 2003. The pamphlet developed by the aforementioned organizations with the Board reflected the conclusions of the major national and international scientific organizations, and was distributed to all New Hampshire dentists as directed by HB 1251. The sponsors of the bill are dissatisfied with the pamphlet. The discussion focused on their dissatisfaction and whether it can be ameliorated while adhering to the conclusion of the U.S. Public Health Department, the World Health Organization, the FDA and the Scientific Council of the American Dental Association among others that dental amalgam fillings are not harmful. The Board voted to meet again with the Dental Society and the Office of Community and Public Health to discuss the pamphlet.

5. Canadian Applications - The Board reviewed the policies of Vermont and Maine regarding the licensure of Canadian dentists. Because Canadian dentists are not required to pass an examination in which clinical dentistry is performed, the Board voted to request passage of such an examination, as it does of U.S. dentists. Passage of an examination other than the Northeast Regional Board Exam (NERB) shall require passage of all parts with a score in each part of 75% or higher, as required by the NERB exam. Passage of another regional board shall also require passage of a case based written examination as found in the NERB exam.

6. Public Health Supervision Form - The Board voted to accept a form developed by Board members Charles F. Post, DMD and Debra A. Albrecht, RDH for use by programs using public health supervision to annually report their program results.

7. NERB Board President Meeting - Immediate past president of the Board, Dr. Stephen A. Sewall, DDS attended this meeting and presented a report to the Board.

a. Some states are diluting their licensure process by one or more of the following methods:
1) Substituting a one year general residency program for an examination;
2) Lowering the passing grade for examinations to 70%;

3) Accepting compensatory scoring (averaging the scores of different parts of an examination) to give a passing grade even though individual parts may be below the passing grade;

4) Eliminating case based written examinations which measure the ability of dental school graduates to integrate their factual knowledge to create acceptable professional judgments.

b. The driving forces behind these changes include a perceived shortage of dentists by the public. The concensus at the NERB meeting, as reported by Dr. Sewall, was that this "shortage" will not develop, as it did not develop the last time it was predicted in the 1960's, because today:
1) Dental school enrollment is increasing;
2) Dentists are working longer;
3) Local areas of shortage occur because the areas are not attractive to practitioners. Increasing the number of dentists usually does little to draw practitioners because the lack of attractive elements remain. Other approaches, such as the repayment of student loans, may be more effective in alleviating the dentist "shortage". Local shortages may be found in northern areas of New Hampshire even though N.H. has less people (1,317) per dentist than the national average (1,734).

c. Dr. Sewall concluded by emphasizing that New Hampshire has been a leader in facilitating the entrance of dentists into New Hampshire by examination and by endorsement of credentials while maintaining the high examination standards of the Northeast Board of Dental Examiners. It is not in the public's welfare to lower standards to ineffectively address localized shortages while compromising the public welfare.

8. Privacy Rights - The Board voted to fund the attendance of attorneys Marguerite Wageling and Catherine Bernhard to the New Hampshire Bar Association seminar on "Privacy Rights", which will address patient records, electronic communication and HIPAA requirements. A verbal summary of the seminar will be given to the Board at it's December 1, 2003 meeting by the attendees.

9. Informational

a. HB 287
b. AADE Licensure Update
c. Out-of-State Travel
d. BOARD Meetings
e. NHTI
f. Hygiene Report
g. Status of Sanctions
h. 2004 Registration Form
* Dr. Sewall abstained.

QUALIFICATION AND LICENSURE

1. LOCAL ANESTHESIA QUALIFICATION

a. The Board voted to qualify by examination and to issue permits to administer local anesthesia to the following hygienists:
Kathleen LaChance, RDH
Angela P. Boyle, RDH
Bonnie Lee Catherine Brown, RDH
Pamela L. Boyd, RDH

b. The Board voted to qualify by endorsement and to issue a permit to administer local anesthesia to the following hygienist:
Judy R. Martin, RDH

2. ANESTHESIA EVALUATION

* The Board voted to endorse the passage of the evaluation of the office of Robert Provencher, DDS as related to the administration of general anesthesia and sedation on an out patient basis.

3. RADIOLOGY QUALIFICATION

The Board voted to endorse the qualification in radiology of Betty A. Pow.

4. LICENSE QUERY

The Board voted not to approve licensure by endorsement for Martha Pike, RDH. She has not satisfied the requirements of Den 301.01 (i).

5. LICENSE APPLICATIONS APPROVED

INITIAL
anarao Krothapalli, DMD
Jennifer Lee Martin, RDH
Andrea Beth Holstein, DMD
Jessica Jeanne Chadwick, RDH
Jonathan Charles Palazzo, DMD
Beverly Joan Taylor, RDH
Lisa Ann Strandberg, RDH
Donna Mary Dudek, RDH
Lauren Katkin Murray, RDH

6. LICENSE APPLICATION NOT APPROVED

INITIAL
Nathan Wadsworth Smith, DMD

* Dr. Sewall opposed.

Members of the Board voted unanimously, unless otherwise indicated.

Members of 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 b RSA 91-A:3 and the Board's executive and deliberative privileges.

Raymond J. Jarvis, DMD
Executive Secretary

November 3, 2003

The November 3, 2003 meeting of the New Hampshire Board of Dental Examiners convened at 4:00 p.m. with the following members present:

Ronald J. Hrinda, DMD, President
Eliot L. Paisner, DMD, Vice President
Neil S. Hiltunen, DMD
Debra A. Albrecht, RDH
Linda M. Seedner, RDH
Charles F. Post, DMD
Stephen A. Sewall, DDS
Absent: Marjorie J. Chema, DDS
Karen Clough, Public Member

The Board approved the minutes of the October 6, 2003 meeting as amended.

Administrative

1. Statute and Rules

a. Statutory Proposals
1) Meeting - Board members Linda Seedner, RDH and Dr. Eliot Paisner together with the Board's executive secretary met with members of the New Hampshire Dental Society on Tuesday, October 14, 2003 to discuss possible amendments to RSA 317-A:20. A second meeting is scheduled for Tuesday, December 9, 2003.

b. Rule Proposals
1) Rule Package 2004-I - This package of proposed rule changes addresses auxiliary duties. The Board has met with representatives of the Dental Society, the Dental Hygienists' Association, the Dental Assistants Association and the New Hampshire Technical Institute to discuss the expansion of dental auxiliary duties to approximate those allowed in other states. The Board voted to approve preliminary drafts. The Board's representatives will meet again with the aforementioned organizations to discuss the drafts prior to initiating the rule making process.

2. Dental Amalgam - Board member Dr. Neil Hiltunen reported on the October 20, 2003 meeting of the Health and Human Services Oversight Committee in which the pamphlet about dental restorative materials required by HB 201 was addressed. The Board in conjunction with the Dental Society and representatives of Health and Human Services are seeking to meet the Committee's concerns while remaining true to the conclusions of the major national and international scientific organizations.

3. Letter of Concern - The Board reviewed a generic letter of concern suggested by its legal counsel to be suitable for use by the Board. The letter will need to be modified in some instances to address particular circumstances. Letters of concern are sent to licensees whose conduct has not violated RSA 317-A, but if such conduct should persist or reoccur, could result in a violation.

4. FARB Meeting - The Board's legal counsel attended the annual meeting of the Federation of Associations of Regulatory Boards (FARB) at which the following issues were addressed:

a. Administrative Discovery - States are struggling with issues of privacy vs. right-to-know laws.
b. Administrative Procedures - Societies and attorneys wish to see more conformity in the administrative procedures of the various boards in each state. Simple, straightforward procedures, always fair, are the ideal.

c. Consolidation of Boards - This may be necessary for smaller boards to operate effectively.

d. Examinations - Security is a problem, e.g., modern calculators can store and transfer information.

e. HIPPA - Licensees can provide patient records to the Board, if requested by the Board.

f. Assessment of Costs and Fines - This must be statute based.

g. Consistency in Sanctions - Should be a goal of all Boards.

h. Continuing Competence and Education - Must be determined when a licensee returns to practice.

5. Voluntary Services - Tabled.

6. NERB Steering Committee Report - Board members Linda Seedner, RDH, Dr. Eliot Paisner and Dr. Neil Hiltunen attended a meeting of the North East Regional Board (NERB) Steering Committee. Their report highlights the significances of New York's acceptance of a one year post graduate residency in general dentistry as a substitute for a regional or state examination.

7. Informational

a. Medical Ethics
b. Sedation
c. Hygiene Association
d. Fees
e. Ownership
f. Free Dental Care
g. Emergency Care

QUALIFICATION AND LICENSURE

1. LOCAL ANESTHESIA QUALIFICATIONS

The Board voted to qualify by examination and to issue permits to administer local anesthesia to the following hygienists:
Laurie Marshall, RDH
Gail A. Schwab, RDH

2. ANESTHESIA EVALUATION

The Board voted to endorse the passage of the evaluation of the office of Jeffrey Stone, DMD and Thomas Trowbridge, DDS as related to the administration of general anesthesia and sedation on an out-patient basis.

3. GENERAL ANESTHESIA, DEEP SEDATION AND CONSCIOUS SEDATION

The Board voted to issue a permit to Barton E. McGirl, DDS to administer general anesthesia, deep sedation and conscious sedation at a second practice location.

4. PUBLIC HEALTH SUPERVISION SUMMARY REPORT

The Board voted to accept the annual report of the following program being conducted under public health supervision:
Seacoast Healthy Grins

5. COURSE APPROVAL

Pursuant to Den 302.05(c) (2), the Board voted to approve an expanded duty course in coronal polishing submitted by Ms. Robin Phillips.

6. LICENSE APPLICATIONS APPROVED

INITIAL
Praveen Kumar Pavuluru, DMD
Dawn Marie Caterino, RDH
Marc Alan Zive, DMD
Jill Elizabeth Wright, RDH
Catherine Bunin, RDH
Cheryl Jean Hallbourg, RDH
Susan Hunter, RDH
Ann Phyllis Peabody, RDH
Gracene Mehlman, RDH

Members of the Board voted unanimously, unless otherwise indicated.

Members of the Board voted unanimously to go into non-public session for the purpose of discussing investigations of alleged license misconduct, noting that such a non-public session is authorized by RSA 91-A:3 and the Board's executive and deliberative privileges.

Raymond J. Jarvis, DMD
Executive Secretary

December 1, 2003

The December 1, 2003 meeting of the New Hampshire Board of Dental Examiners convened at 4:00 p.m. with the following members present:

Ronald J. Hrinda, DMD, President
Eliot L. Paisner, DMD, Vice President
Neil S. Hiltunen, DMD
Debra A. Albrecht, RDH
Linda M. Seedner, RDH
Charles F. Post, DMD
Absent: Karen Clough, Public Member
Marjorie J. Chema, DDS
Stephen A. Sewall, DDS

The Board approved the minutes of the November 3, 2003 meeting.

Administrative

1. Statute and Rules

a. Statutory Proposals
1) HB 617 - This bill addressed licensure by endorsement and the Dental Code of Ethics, as well as Dental Practice Act "housekeeping" matters. It was passed and took effect on July 1, 2003.

b. Rule Proposals

1) A subcommittee of the Board will be meeting with members of the Dental Society on Tuesday, December 9, 2003 to discuss amendments to RSA 317-A:20.
1) Board representatives will be meeting with representatives of the Dental Hygienists' Association, the Dental Society, the Dental Assistant's Association and the New Hampshire Technical Institute on December 15, 2003 to discuss the expansion of dental auxiliary duties.

2. American Association of Dental Administrators (AADA) Meeting - This meeting was held in San Francisco on October 19 - 22. Dental Board administrators from about 30 states with representatives from the dental examination community met to discuss dental board issues. The Board's secretary provided the Board with a summary of the issues discussed. Topics included dental amalgam, mall whitening, practice ownership, volunteerism, lasers, on-line renewals, foreign trained dentists, nitrous oxide, "sleep dentistry", general practice residencies, insurance consultants, Medicaid fraud, and quality of care.

3. BOTOX Survey - The Board discussed and completed this survey with answers unanimously voted.

4. Academy of Dental Sleep Medicine (ADSM) Survey - The Board also discussed and completed this survey with answers unanimously voted.

5. Pre-treatment Examination - The Board discussed this topic under #7 below.

6. Lasers - The Board's subcommittee on auxiliary duties will be addressing the issue of whether dental hygienists should be allowed to use lasers for dental procedures.

7. Information Letter - The Board voted to approve as amended the Board information letter which will be included in the 2004 registration package.

8. Dental Materials Pamphlet - The Board discussed a pamphlet addressing the risks and benefits of dental restorative materials which was required by HB 201 in 2003.

9. Workforce Study Board - The Board voted to have its executive secretary represent the Board on the advisory committee for the New Hampshire Oral Health Workforce Database Project. The project goal is to collect and analyze baseline data on the oral health workforce to establish a foundation for strategic planning. The committee's initial meeting will be on December 11, 2003.

10. Informational

a. DANB
b. Missouri Newsletter - The Board voted to ask the Missouri Board of Dentistry how it addresses impaired dentists.
c. CRDTS
d. Vacancies
e. Privacy Rights Course
f. Expanded Duties
g. Status of Sanctions

QUALIFICATION AND LICENSURE

1. LOCAL ANESTHESIA QUALIFICATION

a. The Board voted to issue permits to administer local anesthesia to the following hygienists:
Lisa Towne, RDH
Patricia L. Codagnone, RDH
Denise J. Monteith, RDH
Deborah S. Hoyt, RDH
Jennifer M. Farrell, RDH
Jennifer York, RDH
Bonnie E. Pike, RDH
Mary C. Duquette, RDH
Michelle A. Taylor, RDH
Kirstie Anderson, RDH

2. ANESTHESIA EVALUATION

The Board voted to accept the anesthesia evaluation of Greg Shaker, DDS.
Amy Field, DMD - informational.

3. PUBLIC HEALTH SUPERVISION SUMMARY REPORTS

The Board voted to accept the annual report of the following program being conducted under public health supervision:

Kiwanis/PTA Community School Dental Program

4. LICENSE APPLICATIONS APPROVED

INITIAL
Aram Der Sirakian, DMD Mia Lynn Langlois, RDH
Sachin Omkrishan Malhotra, DMD Jama Adriana Hughes, RDH
Rosa D. Belliodo-Griffin, DMD Brian David Walp, RDH
Douglas Jay Elliott, DMD Christine Cecile Silva, RDH
Afsheen Michael Sarraf, DMD
Frederick Medine Bourgeois, DMD
Maria Carmen Perete Tanchuling, DDS

Members of the Board voted unanimously, unless otherwise indicated.

Raymond J. Jarvis, DMD
Executive Secretary

Dental Examiners Board