minutes tennessee board of dentistry date: september 18…€¦ · september 18, 2014 page 2 of 9...

MINUTES TENNESSEE BOARD OF DENTISTRY

September 18, 2014 of 9


Date: SEPTEMBER 18, 2014 Location: Tennessee Department of Health

665 Mainstream Drive Nashville TN 37243

Members Present: Charles E. Holt, Jr., DDS, President

Nadim Jubran, DDS, Vice-President Mary Warner, RDH, Secretary/Treasurer Ernest J. DeWald DDS Katherine N. Hall, DDS Dan Thomas Meadows, DDS Stephen J. Maroda, Jr., DDS Randall Prince, DDS Airica Brooke Puckett, RDH Bettye Lynn Richert, Consumer Member Mary Ellen Vaughn, RDA

Staff Present: Dea Smith, Executive Director Sue Kerley, Board Administrator Jennifer Putnam, Assistant General Counsel

Dr. Charles E. Holt, Jr., President, called the meeting to order at 9:01 a.m. Dr. Holt declared that a quorum was present in order to conduct Board business. Dr. Holt welcomed the dental assistant students from the Tennessee College of Applied Technology-Nashville. MINUTES: Dr. Nadim Jubran made a motion to approve the June 19-20, 2014 minutes as presented. Second was given by Ms. Mary Warner. Motion carried.

APPLICATION / APPLICANT INTERVIEWS / REQUESTS:

SAMANTHA BUTTERY Ms. Buttery requested approval of her application for restorative functions. Ms. Buttery acknowledged she had performed duties requiring a restorative certification before becoming certified to do so. Dr. Randall Prince made a motion to approve upon the payment of a $250 civil penalty. Second was given by Dr. Ernest DeWald. Motion carried with Dr. Jubran voting no. The Board recommended the name of the supervising dentist be sent to Investigations.

JENNIFER FERGUSON Ms. Ferguson requested reactivation of her dental hygiene license with a waiver of competency testing. She has not worked as a hygienist since 2001. Dr. Jubran made a motion that Ms. Ferguson either retake a Board approved exam, work in Virginia for at least one year or be evaluated/remediated at an accredited dental hygiene school as needed. Second was given by Ms. Warner. Motion carried.

KARLENE GUASTEFERRO Dr. Guasteferro requested approval of her application for licensure as a dentist by exam. Dr. Guasteferro disclosed multiple settlements. Dr. Jubran made a motion to approve. Second was given by Ms. Airica Puckett. Motion carried.



VICTORIA HUGHES Ms. Hughes requested approval of her application for registration as a dental assistant. Ms. Hughes acknowledged she took radiographs before becoming certified to do so. Dr. Jubran made a motion to approve upon the payment of a $50.00 civil penalty for unlicensed practice. Second was given by Ms. Warner. Motion carried. The name of the supervising dentist is to be referred to Investigations.

HALEY JACKSON Ms. Jackson requested approval of her application for registration as a dental assistant. Ms. Jackson was placed on criminal probation until October 6, 2014. Dr. Jubran made a motion to place Ms. Jackson on probation to run concurrent with her criminal probation. Second was given by Dr. DeWald. Motion carried. SAGAL NUR Dr. Nur appeared before the Board at their January 8, 2014, meeting to request approval of her application for licensure as a dentist by exam. Dr. Nur graduated in 2010, but did not pass the Southern Regional Testing Agency exam until October 5, 2013. The Board voted to allow Dr. Nur to withdraw her application and reapply after successful evaluation for clinical competency at the University of Tennessee Memphis or D-Prep, or retake the Southern Regional exam. The Board received a letter from the University of Tennessee Health Science Center confirming Dr. Nur has met the school’s criteria for clinical proficiency and recommending her for licensure. Dr. Jubran made a motion to approve. Second was given by Dr. Dan Meadows. Motion carried. MARCUS RANDALL Dr. Randall requested approval of his application for licensure as a dentist by criteria based on two years of practice and acceptance of the Counsel of Interstate Testing Agencies (CITA) exam. Dr. Randall passed the CITA exam in 2012 and completed a one-year General Practice Residency (GPR) Program on June 30, 2013, becoming a part-time instructor with the GPR program in August, 2013. He began working as a dentist in Alabama in July, 2013. Dr. Jubran made a motion to approve. Second was given by Ms. Puckett. Motion carried. LANA REDMAN Ms. Redman requested approval of her application for licensure as a dental hygienist. She has not worked as a hygienist since 2008. Dr. Jubran made a motion that Ms. Redman either retake a board approved exam or be evaluated/remediated at a dental hygiene school. Second was given by Ms. Warner. Motion carried. APPLICATION RATIFICATION: Dr. Jubran made a motion to approve the attached list of new licenses, certifications, reinstatements, reactivations and retirement applications for dentists, from June 18, 2014, thru September 15, 2014. Second was given by Ms. Warner. Motion carried.

Dr. Jubran made a motion to approve the attached list of new licenses, certifications, reinstatements, reactivations and retirement applications for hygienists, from June 18, 2014, thru September 15, 2014. Second was given by Ms. Warner. Motion carried.

Dr. Jubran made a motion to approve the attached list of new licenses, certifications, reinstatements, reactivations and retirement applications for dental assistants, from June 18, 2014, thru September 15, 2014. Second was given by Dr. Meadows. Motion carried.

WAIVERS

Cynthia Baker - Ms. Baker is the care-giver for an ill family member and requested a waiver of continuing education (CE) for the 2013-2014 cycle. Ms. Mary Ellen Vaughn



made a motion to approve her request for waiver of the CE requirements for 2013-2014. Second was given by Dr. Randal Prince. Motion carried.

Kathy Horvath - Dr. Jubran made a motion to approve her request for a waiver of the reinstatement fees due to hardship. Second was given by Dr. Meadows. Motion carried.

Sonya Martin – Dr. Martin requested a waiver of competency evaluation since she has been working as a dentist in another state. Dr. Jubran made a motion to approve. Second was given by Dr. Prince. Motion carried.

CONTINUING EDUCATION COURSES and/or CPR Dr. Prince made a motion to approve the following continuing education and/or CPR courses:

1. Tennessee Primary Care Association Oral Health Department (a) ”Evaluating Clinical Quality Assurance & Quality Events: EVT Coding & Oral Health

Assessment” (b) “Part 1:Is the Face of Your Dental Practice Smiling—Part 2: From Chaos to Control”

2. East Brainerd Oral Surgery (a) “Dental Emergencies/Trauma”

3. Pulitzer Orthodontic, LLS (a) “Contemporary Damon Orthodontics”

4. Penny Reed & Associates (a) “Growing Your Dental Business”

5. Doctors Management (a) “Chemical Dependency Awareness for Medical & Dental Offices”

6. American Educational Institute, Inc. (a) The 2014-2015 Medical-Dental-Legal Update

7. Anthony W. Ditcharo, DMD (a) Management of Orthodontic Emergencies (b) Orthodontic Openbites

Second was given by Dr. Jubran. Motion carried.

CE SUBMITTED BY INDIVIDUALS Dr. Jubran made a motion to approve the course entitled “Cerec Master-Rapid Integration into your Practice” for individual continuing education credit for Kelly Butterworth. Second was given by Dr. Prince. Motion carried. PROGRAMS AND CERTIFICATION COURSES Dr. Jubran made a motion to approve the following certification courses:

1. Administering and Monitoring Nitrous Oxide (a) Interfaith Dental Clinic (b) Nitrous Oxide Administration and Monitoring Certification Program (c) Remington College-Dental Hygiene (d) University of Tennessee College of Dentistry

2. Administering of Local Anesthesia (a) University of Tennessee College of Dentistry

3. Coronal Polishing (a) Coronal Polishing Certification Program (b) Tennessee College of Applied Technology at Nashville (c) University of Tennessee College of Dentistry



4. Dental Radiology (a) Dental Radiology Certification Program (b) University of Tennessee College of Dentistry

5. Sealant Application (a) Sealant Application Certification Program (b) Tennessee College of Applied Technology at Nashville (c) University of Tennessee College of Dentistry

6. Nitrous Oxide Monitoring Course (a) Interfaith Dental Clinic (b) Nitrous Oxide Monitoring Program (c) Tennessee College of Applied Technology at Nashville (d) University of Tennessee College of Dentistry

7. Prosthetic Functions (a) University of Tennessee College of Dentistry

8. Restorative Functions (a) University of Tennessee College of Dentistry

9. Dental Assisting Programs (a) Affordable Dental Assisting Program of Nashville (b) Interfaith Dental Clinic (c) Miller Motte Technical College (changes) (d) Ross Medical Education Center (e) Tennessee Academy of Dental Assisting

Second was given by Ms. Puckett. Motion carried.

EQUIVALENCY OF COURSES Dr. Prince made a motion to approve the following courses as equivalent:

1. Administering and Monitoring Nitrous Oxide (a) Blumberg, Christine – Trident Technical College (b) Hanover, Casandra – Oxnard College (c) Heaton, Hillary - SIU (d) Jenkins, Taylor – Henderson Community College (e) Machen, Meredith – Univ. Arkansas (f) Patty, Tathena – St. Louis Community College (g) Rawls, Haley – University of Mississippi (h) Smola, Kayla – Southern Illinois University (i) Western Kentucky University

a. Calvo, Angelia b. Gaines, Kirby c. Markwell, Autumn

2. Administering of Local Anesthesia (a) Dixon, Linda – Prairie State College (b) Lewandowski, Lynette – Community College of Southern Nevada (c) Racki, Karen – College of DuPage (d) Smith, Amanda – Univ. of Arkansas

Second was given by Dr. Jubran. Motion carried



Dr. Maroda made a motion to approve as equivalent the Local Anesthesia course taken by Christine Blumbery at Trident Technical College. Second was given by Dr. DeWald. Motion carried with Dr. Prince and Ms. Warner voting no and Dr. Jubran abstaining.

Stacey Quinn requested the Board approve as equivalent the course she took at Delta College in 2002. Ms. Quinn had not administered local anesthesia since 2008. Dr. Jubran made a motion that Ms. Quinn take a Board approved course in local anesthesia as a refresher. Second was given by Dr. Maroda. Motion carried.

Dr. Prince made a motion to approve the following courses as equivalent: 3. Coronal Polishing

(a) Broughard, Rachel-Augusta Technical College (b) Jones, Raven-Hinds Community College (c) Wade, Janine-Orange Coast College, CA

4. Dental Radiology (a) Aldridge, Brittany-Ivy Tech Community College (b) Brouhard, Rachel-Augusta Technical College (c) Carrington Kelly-ATA Career Education (d) Cole, Tamara-Academy of Health Sciences, US Army (e) Denman, Rebecca-Sacramento City College (f) Haag, Michelle-Linn State College (g) Halstead, Tonya-Kaplan College, CA (h) Ivakhova, Anna-Anthem College, GA (i) Jones, Raven-Hinds Community College (j) LeClair, Katheryn-West Georgia Technical College (k) Mussomele, Patricia-DATS of Virginia (l) Packard, Chelsea-Concord Career, Texas (m)Whitsett, Tiffani-Everest Colleges, CO

5. Sealant Application (a) Brouhard, Rachel-Augusta Technical College (b) Jones, Raven-Hinds Community College (c) Wade, Janine-Dental Professionals of California

6. Nitrous Oxide Monitoring Course (a) Brouhard, Rachel-Augusta Technical College (b) Jones, Raven-Hinds Community College (c) Pool, Ashleigh RDH – Illinois State Dental Society (d) Priehs, Cali-Brookwood Dental Assisting Program

Second was given by Dr. Jubran. Motion carried

7. Restorative Function (a) Jones, Raven-Hinds Community College – Dr. Jubran made a motion to approve as

equivalent. Second was given by Dr. DeWald. Motion carried (b) Haag, Michelle-Linn State Tech College – Ms. Vaughn made a motion to deny as

equivalent. Second was given by Dr. Jubran. Motion carried. (c) Guhy, Lindsey-West Kentucky Community & Technical College –Dr. Jubran made a

motion to deny as equivalent. Second was given by Dr. Hall. Motion carried.



EXEMPTION An exemption was requested by Dr. Tesa Reeves for Drs. John Sullivan, Les Latner and Gary Ruth to come into Tennessee and assist in providing free dental services in Pulaski on December 12, 2014. Dr. Jubran made a motion to uphold the Consultant’s prior initial approval. Second was given by Ms. Warner. Motion carried. CORRESPONDENCE

Associations The Board was provided with notice of the Southern Conference of Dental Deans and Examiners meeting in Kentucky on January 23-25, 2015. Dr. Jubran made a motion to send three board members along with Dea Smith to the meeting. Second was given by Ms. Puckett. Motion carried. The Board was provided with a copy of the American Association of Dental Boards (AADB) Bulletin with no action.

Accreditation and Testing Agencies The Board was provided with 1) an update from the Dental Assisting National Board, Inc. (DANB) concerning DANB’s entry-level designation; 2) American Board of Dental Examiners, Inc. (ADEX) House of Representatives Meeting on November 9, 2014; and 3) Commission on Dental Accreditation (CODA) Summer 2014 Accreditation Actions.

Licensees and others The Board reviewed 1) a letter from the University of Florida Health regarding the launching of the UFHealth Professional Education, Enrichment and Rejuvenation Program (PEER) (formerly the POWER program) with no action; and 2) a letter from Ms. Christi D. Ward, RDH asking for clarification of Tennessee Code Annotated (T.C.A.) §63-5-108(c)(4) regarding hygienists performing periodontal maintenance without direct supervision. It was the consensus of the Board to leave the rule as it stands. Since most root planings require local anesthesia, which must be done under direct supervision, a definitive line was assessed, requiring that root planning be done under direct supervision.

REPORTS The Board received the following reports for review:

Executive Director Dea Smith gave an administrative report of the activities that have transpired in the administrative office since the last meeting. As of August 31, 2014, the Board has a total of 17,353 active licensees. Ms. Smith also provided the Board with a report on the continuing education audit.

Office of Investigation Nichelle Dorroh provided the Board with a report detailing the number of complaints currently open in Investigations as well as a summary of currently monitored practitioners.

Office of General Counsel Ms. Putnam presented the Board with a report from the Office of General Counsel. There is no new legislation at this time.

Wellness Committee Dr. Wayne McElhiney provided the Board with the Quarterly Report of Activities of the Wellness Committee for the period April 1, 2014 to June 30, 2014.

CSMD The Board received a copy of the Chronic Pain Guidelines intended to be used to support clinicians in their treatment of patients with chronic pain with particular reference to the prescribing of opioid medications so as to avoid addiction and adverse outcomes. Dr. Jubran made a motion to adopt the Guidelines as presented. Second was given by Ms. Warner. Motion carried.

University of Tennessee Dr. Timothy Hottel, Dean, spoke to the Board about the University opening several satellite clinics across the state for the students to rotate through, noting that some of the clinics will also be general dentistry residence programs.



Tennessee Dental Association Jim Avery asked the Board to consider a rule change that would allow registered dental assistants and dental hygienists to perform venipuncture. The Association also wanted an opinion on United Concordia®, a program that, for a fee, would allow participating providers on the Find a Dentist portion of their website to receive a “Schedule Now” button and be moved to the top of the search list. Ms. Putnam advised the Board that if a dentist participates in this marketing venue and a complaint is filed, the Office of Investigations will review to determine if there has been any violation of the Board’s rules and regulations.

OTHER BUSINESS

Mr. Jeff Ockerman, Director Health Planning, gave a presentation to the Board on the State Health Plan, the aim of which is a roadmap for improving the health of the people of Tennessee.

Dr. John Douglass presented the Board with information on the role of dental support organizations in an evolving profession.

CONSENT ORDER(S)

TONYA FLEMMING, RDA Ms. Flemming stipulated to forging continuing education certificates in response to an audit by the Continuing Education Compliance Unit for the years 2011-2012. Ms. Flemming executed a Consent Order agreeing to a reprimand of her license and the payment of $600.00 in civil penalties. Dr. Prince made a motion to accept the Consent Order as presented. Second was given by Ms. Puckett. Motion carried with Dr. Jubran voting no.

ORDERS OF COMPLIANCE

HOBART FORD, JR., DDS Dr. Ford requested the Board lift the probation status placed on his dental license by Consent Order entered into on September 22, 2006. Based on the evidence presented and the affidavit of the Disciplinary Coordinator, Dr. Ford proved to the satisfaction of the Board that he has complied with all provisions of the September 22, 2006 Consent Order. Ms. Warner made a motion to approve the Order of Compliance. Second was given by Dr. Prince. Motion carried.

NICHOLAS GERARD, D.M.D. Dr. Gerard requested an Order of Compliance in regard to a conditional licensure letter entered into on October 7, 2008. Based on the evidence presented and the affidavit of the Disciplinary Coordinator, the Board found that Dr. Gerard had complied with all the provisions of the October 7, 2008 conditional licensure letter. Ms. Warner made a motion to approve the Order of Compliance. Second was given by Dr. Jubran. Motion carried.

YVETTE DOWDY, RDA Ms. Dowdy requested an Order of Compliance in regard to a conditional licensure letter entered into on February 22, 2014, in which her registration was placed on probation. Based on the evidence presented and the affidavit of the Disciplinary Coordinator, the Board found that Ms. Dowdy had complied with all provisions of the February 22, 2014 Consent Order. Ms. Warner made a motion to approve the Order of Compliance. Second was given by Dr. Meadows. Motion carried.

RICHARD STACY, D.M.D. Dr. Stacy requested an Order of Compliance in regard to a Consent Order entered into on January 12, 2007, in which his license was placed on probation. Based on the evidence presented and the affidavit of the Disciplinary Coordinator, the Board found that Dr. Stacy had complied with all provisions of the January 12, 2007 Consent Order. Dr. Jubran made a motion to approve. Second was given by Ms. Warner. Motion carried.



AGREED CITATIONS

Continuing Education Ms. Warner made a motion to approve the following Agreed Citations for failure to maintain sufficient continuing education hours and/or CPR certification during the years audited:

Albritton, Connie, DA Ladd, Teresa, DA Pace, Toni, DH Bush, Laura, DA Legg, Yolanda, DA Pomeroy, Connie, DA Dantzler, Karen, DA Massengille, Leeann, DH Qualls, Nicole, DA Fukushima, Naoka, DS McConnell, Andrea, DA Totherow, DA Groover, Janie, DA Mullins, Cynthia, DH Vetter-Lopez, Angela, DH Hill, Jackie, DH Noblit, Lorie, DA Watson, Tammy, DA

Second was given by Ms. Vaughn. Motion carried.

Lapsed License Ms. Warner made a motion to approve the Agreed Citations executed by the following individuals who acknowledged they worked on an expired license:

Austin, Tiffany, RDH France, Jennifer, DA Tahir, Vehim, DA Carlisle, Ashley, DA Gibbs, Jennifer, RDH Watson, Angela, RDH Foster, Linda, DA Hickey, Patricia, DA

Second was given by Ms. Vaughn. Motion carried.

PROPOSED SEDATION RULE CHANGES The Board discussed the proposed rule changes regarding sedation. Ms. Warner made a motion to accept as presented. Second was given by Dr. Jubran. Motion carried. This motion was revisited and Dr. Jubran made a motion to not edit 0460-02.07(10)(c) as previously noted. Second was given by Dr. Prince. Motion carried. COMMITTEES

Clinical Issues Committee - Dr. Prince made a motion to approve the Minutes of the Committee Meeting on August 19, 2014. Second was given by Dr. Jubran. Motion carried. Anesthesia Committee – The Anesthesia Committee provided the Board with recommendations as follows: 1)The Committee viewed the request by Dr. Taylor on the use of low dose ketamine for sedation of autistic children unfavorably for many reasons and re-affirmed the November 2011 Anesthesia Committee decision that a dentist who uses ketamine must hold a Deep Sedation-General Anesthesia Permit. 2) Made suggestions to Equipment and Drugs list as noted below:

a. Add (Automated external defibrillator AED) adjacent to cardiac defibrillator for both conscious sedation and deep sedation sections.

b. Add following disclaimer to (2): “The following drugs or type of drugs with a current shelf life must be maintained (insofar as possible given national drug availability)…” for both sections.

c. Add ET CO2 monitor to deep sedation list (1)(m) as a new line d. Add Aspirin to list of conscious sedation drug list as #(l) e. Add Adenosine and Aspirin to the deep sedation drug list as # (p) and (q)

respectively. 3) Reviewed and approved all of the changes to the Rules as promulgated by the Clinical Issues Committee; 4) Discussed the issue of PALS certification and re-affirmed the November 2011 Anesthesia Committee opinion that the rules should remain unchanged and that permit holder should be allowed to substitute PALS for ACLS. Dr. Jubran made a motion to accept as presented. Second was given by Ms. Warner. Motion carried.



Ethics and Jurisprudence Committee – The Committee will present the proposed list of questions to the Board at their January 2015 meeting for finalization.

POLICY STATEMENT After discussion, Dr. Jubran made a motion to create a new policy statement that will provide guidance to the team reviewing complaints when a licensee has forged continuing education certificates or CPR certification. When it is determined that forgery of any of these documents has occurred, a letter of reprimand will issue along with a type C penalty ranging from $50-100 for each hour that was forged and the individual will have to make up the deficient hour(s). Second was given by Ms. Warner. Motion carried. The Board agreed to change the meeting scheduled for April 9-10, 2015, to March 27, 2015. There being no further business, the meeting adjourned at 5:09 p.m.

minutes tennessee board of dentistry date: september 18…€¦ · september 18, 2014 page 2 of 9...

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