minutes tennessee board of dentistry · minutes tennessee board of dentistry january 31- february...

MINUTES TENNESSEE BOARD OF DENTISTRY

January 31- February 1-2013 of 15


Date: JANUARY 31- FEBRUARY 1, 2013 Location: Tennessee Department of Health

227 French Landing, Iris Room Heritage Place Metro Center Nashville TN 37243

Members Present: John M. Douglass, DDS., President

James L. Smith, Vice-President Charles E. Holt, Jr., DDS, Secretary/Treasurer

Lawrence Hsia, DMD Nadim Jubran, DDS Randall Prince, DDS Michael P. Tabor, DDS Bettye Lynn Richert, Consumer Member (2/1 only) Mary Ellen Vaughn, RDA Mary Warner, RDH

Staff Present: Dea Smith, Executive Director Karen Robinson, Administrator Jennifer Putnam, Assistant General Counsel Michele Long, Assistant Commissioner Juanita Stone, Disciplinary Coordinator

Dr. John Douglass, President, called the meeting to order at 9:01 a.m. with all members present except Ms. Richert, Dr. Douglass declared that a quorum was present in order to conduct Board business. Dr. Douglass welcomed the dental hygiene students from University of Tennessee-Memphis and Hiwassee College of Madisonville, Tennessee and the dental assistant students from Tennessee Technology-Nashville and Murfreesboro. Dr. Douglass requested a moment of silence in remembrance of Ms. Evelyn Edwards, RDH, a board member who passed away in November. MINUTES: Dr. Smith made a motion to approve the September 20-21, 2012 Minutes. Second was given by Dr. Jubran. Motion carried. APPLICATION / APPLICANT INTERVIEWS / REQUESTS: STEPHANIE RAINEY Ms. Smith explained that Ms. Rainey will not be able to attend the meeting due to illness. COURTNEY COOK Ms. Cook requested approval of her application for registration as a dental assistant. Ms. Cook disclosed a prior conviction of conspiracy to sell schedule 2 on her application. Dr. Holt made a motion to approve the application. Second was given by Dr. Jubran. Motion carried.



HAYLEY GRIFFS Ms. Griffs requested approval of her application for registration as a dental assistant. Ms. Griffs disclosed that she is on a criminal probation until October 9, 2013. Dr. Prince made a motion to approve the application and place the registration on probation to run concurrent with the criminal probation. Second was given by Ms. Vaughn. Motion carried. DARA HOBBS Ms. Hobbs requested approval of her application for registration as a dental assistant. Ms. Hobbs disclosed multiple convictions involving controlled substance and is on probation. Dr. Hsia made a motion to approve the application with probation to run concurrent with the criminal probation, receive advocacy from the Wellness Committee and when hired quarterly feedback from the supervising dentist. Second was given by Dr. Jubran. Motion carried with Dr. Smith voting no. KIMBERLY HOUSTON Ms. Houston requested approval of her reinstate to reapply application for a dental assistant. Ms. Houston acknowledged that she had exposed radiographs before becoming certified to do so since 1991. Dr. Holt made a motion to access a $500.00 civil penalty with a letter of reprimand to the current supervising dentist. Second was given by Dr. Prince with Dr. Hsia, Dr. Jubran and Dr. Tabor voting no. Motion carried. Dr. Hsia made a motion to approve the dental assistant application and the radiology certification pending receipt of certification application and fees. Second was given by Dr. Jubran. Motion carried. TAWANA WARE Dr. Ware requested approval of her application for comprehensive conscious sedation. Dr. Ware has not performed any sedations in several years but submitted proof at the meeting of attending a Comprehensive Review of Pediatric Dentistry with the American Academy of Pediatric Dentistry and where she had been assisting on procedures in the Oral and Maxillofacial Surgery department at Meharry Medical College. Dr. Holt made a motion to approve the permit. Second was given by Dr. Hsia. Motion carried. NORVELLA YOUNG Ms. Young requested approval of her application for registration as a dental assistant. Ms. Young disclosed that she is on criminal probation until December 6, 2013. Dr. Holt made a motion to approve the registration with probation to run concurrent with the criminal probation. Second was given by Dr. Jubran. Motion carried. DEBRA ALEXANDER Ms. Alexander requested approval for determination on competency testing for reactivation. Dr. Holt made a motion for evaluation and remediation if necessary before license is granted. Second was given by Dr. Smith. Motion carried. SHEILA DENTON Ms. Denton requested approval of her remediation. Dr. Holt made a motion to approve the remediation for licensure. Second was given by Dr. Smith. Motion carried. MICHELLE LORD and JODI PITTMAN Ms. Lord and Ms. Pittman requested approval of the local anesthesia course at UTHSC before licensure. Dr. Tabor made a motion to forgive them for taking course early without a license and allow them to complete the externship out of state in a VA facility. Second was given by Dr. Smith. Motion carried with Dr. Smith and Dr. Jubran voting no.



KATHERINE POPE Ms. Pope requested approval for competency/remediation determination. Dr. Holt made a motion to approve evaluation and remediation and requested a letter be sent to TSU. Second was given by Ms. Vaughn. Motion carried. JOSHUA PUCKETT Dr. Puckett requested approval for licensure by criteria CITA, Endodontic residency and experience. Dr. Holt made a motion to approve for license based on the CITA examination with his two year residency program and waiving the five year requirement. Second was given by Dr. Smith. Motion carried. SARAH SCOTT Ms. Scott requested approval for competency/remediation determination. Dr. Prince made a motion to require evaluation and remediation before reinstated. Second was given by Dr. Holt. Motion carried. DAVID TINER Mr. Tiner requested approval of competency/remediation determination. Dr. Prince made a motion to require evaluation from UT for competency and remediation if necessary. Second was given by Dr. Jubran. Motion carried. APPLICATION RATIFICATION: Dr. Prince made a motion to approve the attached list of new licenses, certifications, reinstatements, reactivations and retirement applications for dentists, dental hygienists and dental assistants from September 18, 2012 to January 28, 2013. Second was given by Dr. Smith. Motion carried. DENIAL OF LICENSURE OR REGISTRATION: NIKIRA WILKINS Ms. Wilkins requested approval of application for a dental assistant which had been initially denied by the consultant. Ms. Wilkins had disclosed multiple convictions on her application. Dr. Hsia made a motion to approve for licensure. Second was given by Dr. Smith. Motions carried. WAIVERS

THOMAS DUBOIS Dr. Dubois requested a waiver of competency testing and reactivation of licensure since he had been practicing in another state since retirement of his Tennessee license. Dr. Smith made a motion to approve. Second was given by Dr. Jubran. Motion carried.

KAREN KAMER Dr. Kamer requested a waiver of competency testing and reactivation of licensure since she had been practicing in another state since retirement of her Tennessee license. Dr. Smith made a motion to approve. Second was given by Dr. Jubran. Motion carried.

MARY CARKHUFF Dr. Dubois, Dr. Kamer & Ms. Carkhuff requested a waiver of competency testing and reactivation of licensure since she had been practicing in another state since retirement of her Tennessee license. Dr. Smith made a motion to approve. Second was given by Dr. Jubran. Motion carried.

CARLA DUNLAP Ms. Dunlap requested a waiver of competency testing since she has been practicing in another state since retirement of her Tennessee license. Dr. Holt made a motion to approve. Second was given by Dr. Smith. Motion carried.

MARY FAYE WOOD Ms. Wood requested a waiver of competency testing since she has been practicing in another state since retirement of her Tennessee license. Dr. Holt made a motion to approve. Second was given by Dr. Smith. Motion carried.



TIMOTHY CAMPBELL Dr. Campbell requested a waiver of competency testing since he has been practicing in the military since the retirement of his Tennessee license. Dr. Jubran made a motion to approve. Second was given by Dr. Holt. Motion carried.

REPORTS

ANESTHESIA COMMITTEE Dr. Holt made a motion to accept the Policy Statement Regarding the Minimum Requirements Necessary for Sedation Course Approval and accept the Committee’s recommendation not to approve the courses until additional information is received before they would be reconsidered. Second was given by Dr. Prince. Motion carried.

The committee’s report and recommended policy as accepted by the Board is as follows: Committee Members attending the meeting: Dr. John Werther, Dr. Cliff Simmons, Dr. Bill Akin and Dr. David Johnson. Dr. George Adams did not attend the meeting. The committee reviewed the applications for sedation education and voted unanimously to reject each of the applications for the same reasons. Oregon Course is denied because of inadequate detail on the application. We do not recommend approval at this time until /unless additional information is received and reviewed favorably. Wendell Center Course is denied because of inadequate detail on the application. We do not recommend approval at this time until /unless additional information is received and reviewed favorably. CSC Course is denied because of inadequate detail on the application. We do not recommend approval at this time until /unless additional information is received and reviewed favorably. The Anesthesia Committee recommends to the Board that we adopt the following criteria, as a minimum, for reviewing courses applying to Board approval for sedation education. Applications for sedation course approval should include as a minimum:

1. Complete faculty list with full formal CV of each faculty member 2. Complete course breakdown including teaching and lecture assignments as well as clinical teaching

assignments of all faculty and the time spent in each activity. 3. Current and previous state licensure of all faculty 4. Complete list of malpractice and disciplinary actions for all faculty in all current and prior states in which

licensed. 5. How many sedations does each participant perform? 6. Does the participant perform the dentistry as well on the sedated patient? 7. What agents are taught? 8. What is the student –instructor ratio in the course? 9. Who is the primary educational director in charge of and responsible for determining that a participant

has been trained to competence? 10. Is the teaching course under the auspices of an ADA-recognized educational institution? If so, provide

certification to that effect from the parent organization. 11. Where exactly is the course conducted? In what facility?

In view of patient safety, the Anesthesia Committee recommends to the Board that retroactive approval for sedation education be discontinued in the future and no longer considered. The reason is that the sedation education will potentially lead to a change in licensure status by virtue of permit change —and should thus be treated differently than other general CE course consideration.



The committee reviewed the letter from Dr. Hexem unfavorably and does not recommend any action by the Board.

Policy Statement Regarding the Minimum Requirements Necessary for Sedation Course Approval Applications for sedation course approval should include as a minimum the following:

1. Complete faculty list with full formal CV of each faculty member

2. Complete course breakdown including teaching and lecture assignments as well as clinical teaching

assignments of all faculties and the time spent in each activity.

3. Current and previous state licensure of all faculty

4. Complete list of malpractice and disciplinary actions for all faculty in all current and prior states in which

licensed.

5. How much sedation does each participant perform?

6. Does the participant perform the dentistry as well on the sedated patient?

7. What agents are taught?

8. What is the student –instructor ratio in the course?

9. Who is the primary educational director in charge of and responsible for determining that a participant

has been trained to competence?

10. Is the teaching course under the auspices of an ADA-recognized educational institution? If so, provide

certification to that effect from the parent organization.

11. Where exactly is the course conducted? In what facility?

Adopted by the Board of Dentistry on January 31, 2013

Office of Investigation Ms. Juanita Stone, Disciplinary Coordinator 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. Ms. Putnam reviewed a proposed bill to allow dental hygienists to apply sealants in public health without a dentist seeing the patient first.

Executive Director Dea Smith gave an administrative report noting that a total of 1,611 new applications were received during January 1, 2012 through December 31, 2012. As of December 31, 2012, the Board has a total of 16,274 active licensees.

Ms. Smith reported on January 1, 2013, a new law, Public Chapter 952, became effective requiring the licensing board to provide electronic notices to licensees. The law gives the licensee the option of being notified electronically of any renewal of license, certification or registration, any changes in fees, any changes in state law that impact the license holder, any board meeting where changes in rules are on the agenda. Once they “opt” in and provide a current email address, they will begin to receive ALL notices electronically.



Southern Regional Testing Agency (SRTA) Update Dr. Douglass provided an update to the Board. SRTA begin administering the ADEX exam. Dr. Douglass will remain on the Exam Committee as a representative for the Board, and that Dr. Holt be on the Board of Directors and Dr. Prince on the Finance Committee.

Wellness Committee Dr. Wayne McElhiney provided the Board with the October - December 2012 quarterly report. Dr. McElhiney explained many phases of treatment for professionals and the successful recoveries from all types of additions at their facility. Dr. McElhiney asked the Board to consider a grant increase. Dr. Jubran made a motion to approve the grant increase to $198,100.00. Second was given by Dr. Holt. Motion carried with a full vote.

CONTINUING EDUCATION AUDIT Ms. Smith reported the compliant and non-compliant for dentists, dental hygienists, dental assistants and the overall breakdown of licensees deficient in the required number of hours and the licensees the failed to contact the compliance unit after receiving 2nd notice letter via certified mail. The non-compliant will be issued an agreed citation.

Verification & Audit Period January 2012 thru June 2012

Dentists Licensees Audited: 39 27 Licensees Compliant = 69%

12 Licensees Non-Compliant = 31% Non-Compliant Breakdown: 11 Licensees Deficient in the Required Number of C.E. Hours 1 Licensees who Failed to Contact Compliance Unit after receiving “Second Notice of Audit Letter” via

Certified Mail

Dental Hygienists Licensees Audited: 42 29 Licensees Compliant = 69%


Certified Mail

Dental Assistants Licensees Audited: 58 39 Licensees Compliant = 67%


Certified Mail



RULEMAKING HEARING Jennifer Putnam, Office of General Counsel, presented the Board amendment to rule changes which includes reduction of fees; Ms. Smith notified the TN Dental Association, TN Dental Hygienist Association and the TN Dental Assistant Association of the rulemaking hearing, no public or written comments were submitted. After discussion, a roll call vote was made with Dr. Tabor abstaining on reduction on the dental assistant licensure renewal fee. Dr. Prince recognized Ms. Betty Fox for the award she received from American Dental Assistants Association (ADAA). CONTINUING EDUCATION and/or CPR COURSES Dr Holt made a motion to deny the Symposium on Indigent Dental Care in Northeast Tennessee since it appeared to be pro bono dental care instead of an educational course. Second was given by Dr. Jubran. Motion carried. Dr. Holt made a motion to approve the following CPR and continuing education (CE) courses:

“Achieving Financial Independency” by Brad A. Kucharo, CPA, CFP for six hours.

“Chemical Dependency & Substance Abuse X, Alcohol & Nicotine Addiction” by Steven R. Lynn DDS for two hours.



“Chemical Dependency & Substance Abuse XI, The Brains Response to Nicotine” by Steven R. Lynn DDS for two hours.

Pulitzer Orthodontics, LLC Multiple courses “Orthodontic Problems in the Seven Year Old Patient” “Damon Bio-Adaptive Therapy” “Damon Training” Adult & Complex Orthodontic” by Samuel F. Pultizer DDS, for one hour each.

Multiple Chemical Dependency & Substance Abuse courses by Steven R. Lynn DDS, for two hours each.

Second was given by Dr. Jubran. Motion carried. MISCELLANEOUS Discussion on new board member appointment Dr. Douglass stated the Governor’s office has selected a person to replace Ms. Edwards on the board, but due to the holidays the paperwork has not been completed within the 30 working days pursuant to statues and would like the board members to choose from a list he has received from TDHA. Ms. Putnam, Office of General Counsel, instructed the Board they can wait for the Governor’s office to complete the paperwork on the person selected or they can choose to select a person today. Dr. Tabor request for the name of the person selected from the Governor’s office. Ms. Michelle Long, Assistant Commissioner, addressed the Board and explained if the Board chooses to go forward and make this appointment today pursuant to statues they are within their rights to do so, but it is not something that is usually done in an open session. After much discussion, Dr. Jubran made a motion to defer the Governor’s office to appoint and fill this vacant position. Second was given by Dr. Prince. Motion carried. Policy on Exposing Radiographs Dr Tabor made a motion to approve the policy. Second was given by Dr. Smith. Motion carried. The approved policy is as follows: Policy Statement on Registered Dental Assistants Exposing Radiographs Pursuant to 0460-04-.11 of the Tennessee Board of Dentistry Rules and Regulations, a registered dental assistant shall not expose dental radiographs until certification has been issued by the Board. If the licensed dentist(s) who is supervising a registered dental assistant, allows the dental assistant to expose dental radiographs without the proper certification, both the supervising dentist and registered dental assistant will be in violation of the Tennessee Dental Practice Act for unlicensed practice. Upon notification to the Board that a supervising dentist(s) has allowed a registered dental assistant to expose radiographs, a complaint will be opened in the Office of Investigations for review by the board consultant and the board’s attorney. Upon review of the complaint, the registered dental assistant will receive a Letter of Warning from the board’s consultant and the supervising dentist(s) will receive a reprimand and $500.00 civil penalty for each registered dental assistant found to be exposing radiographs without the proper certification. A reprimand is formal discipline and is reportable to the National Practitioners Database. Adopted by the Board of Dentistry on January 31, 2013

Review local anesthesia requirements (failure of didactic portion) Dr. Holt brought before the Board for consideration: A dental Hygienist who completes a local anesthesia course as part of the accredited dental hygiene program, but who fails the didactic portion while passing the clinical portion. Verification is received from the school verifying the course was taught to clinical competency and the transcript will reflect successful passing of the course. The board requested that a letter be sent to the ADA dental hygiene schools that local anesthesia



must be passed with a passing grade on both written and clinical exams to be deemed clinically competent.

Local Anesthesia and Administration/Monitoring of Nitrous Oxide combined courses The consultant will review the courses and combine the hours as needed. A motion was made by Dr. Tabor. Second was given Dr. Prince. Motion carried.

CERTIFICATION COURSES Dr. Jubran made a motion to approve the following certification courses:

Administration of Local Anesthesia o Chattanooga State Community College o Excel Dental Training Institute o Hiwassee College Dental Hygiene Program o University of TN Health Science Center/Dept. of Dental Hygiene o University of TN College of Dentistry

Administration and Monitoring of Nitrous Oxide o Chattanooga State Community College o Dentedonline o Eighth District Dental Society o Excel Dental Training Institute o Hiwassee College-Dental Hygiene Program o Interfaith Dental Clinic o University of Tennessee College of Dentistry o University of Tennessee Health Science Center/Dept. of Dental Hygiene

Coronal Polishing o Chattanooga State Community College o Concord Career College o Dental Pro ED o Dental Staff School at Knoxville o Dental Staff School of Tennessee o Dentedonline o Eighth District Dental Society o E.W. Professional Career Training Center o Excel Dental Training Institute o Tennessee Technology Center at Knoxville o Tennessee Technology Center at Nashville o University of Tennessee College of Dentistry o University of TN Health Science Center/Dept. of Dental Hygiene

Monitoring Nitrous Oxide o Chattanooga State Community College o Dental Learning Center at Maryville o Dental Pro ED o Dental Staff School at Knoxville o Dental Staff School at Tennessee o Dentedonline o E.W. Professional Career Training Center o Eighth District Dental Society o Excel Dental Training Institute o Interfaith Dental Clinic



o Jackson Area Dental Certifications o Northeast State Community College o Tennessee Technology Center at Knoxville o Tennessee Technology Center at Nashville o University of Tennessee College of Dentistry o Volunteer State Community College

Radiology o Dentedonline o E.W. Professional Career Training Center o Dr. Ted Gaw o Excel Dental Training Institute o Jackson Area Dental Certifications o Nashville Dental Society o University of Tennessee College of Dentistry o Washington Skill Center

Sealant o Chattanooga State Community College o Dental Pro ED o Dental Staff School at Knoxville o Dental Staff School at Tennessee o Dentedonline o Eighth District Dental Society o E.W. Professional Career Training Center o Excel Dental Training Institute o Northeast State Community College o Tennessee Technology Center at Knoxville o Tennessee Technology Center at Nashville o University of Tennessee Health Science Center/Dept. of Dental Hygiene o University of Tennessee College of Dentistry

Expanded Functions o University of Tennessee College of Dentistry (restorative functions) o University of Tennessee College of Dentistry (prosthetic functions)

Modification to Approve Courses o Dental Radiology Certification Program o Nitrous Oxide Monitoring Certification Program

Second was given by Dr. Smith. Motion carried. EQUIVALENCY OF COURSES Dr. Holt made a motion to approve the following course(s) as equivalent:

Administration and Monitoring of Nitrous Oxide Course(s) o Bluegrass Community and Technical College for Megan Fleshman o Lansing Community College for Tara Bailey o Northeast Mississippi Community College for Maegan Dyer o Oregon Tech for Julie Dinh o Pima County Community College District for Teresa Moon o Western Kentucky University for Elizabeth Brussell, Alissa Dickerson,

Deanna Gipson and Thao Nguyen Second was given Dr. Jubran. Motion carried.



Dr. Holt made a motion to approve the following course(s) as equivalent:

Coronal Polishing o Manatee Technical Institute for Lisa Barnes o Orlando Technical for Meredith Southam o Alamo Colleges for Patricia Vazquez

Second was given by Dr. Jubran. Motion carried.

Dr. Jubran made a motion to deny as equivalent the Coronal Polishing Course for Alicia Knight from Wake Forest School of Medicine and Amber Penrod from Central Florida Institute. Second was given by Dr. Tabor. Motion carried.

Dr. Jubran made a motion to approve the following course(s) as equivalent:

Dental Radiology Course(s) o Manatee Technical Institute for Lisa Barnes o Southern Maryland Dental Society, INC. for Tracey Deal o Minuteman Career & Technical Training School for Heather Dirico o MD State Dental Association for Briana Dotson o Dental Replacements Training Academy, INC for Katy Fields o Wallace State Hanceville for Alisha Hughes o Institute of Dental Technology for Patricia Lewallen o Lane Community College OR for Maureen Olivas o Central Florida Institute for Amber Penrod o Delta College MI for Anastacia Peters o University of Nebraska Medical Center for Nicole Pfleiderer o ATI Career Training Center TX for Kellie Pierce o University of Florida College of Dentistry for Rhonda Salley

Second was given by Dr. Prince. Motion carried.

Dr. Smith made a motion to deny as equivalent the radiology course for Kelly Gruver from Vermont Tech. Second was given by Dr. Jubran. Motion carried.

Dr. Hsia made a motion to request additional information a detailed curriculum and number of hours course encompasses in radiography for Daniel Tsegay from the American Red Cross course. Second was given by Dr. Jubran. Motion carried.


Local Anesthesia o Yanick deVastey (TN course but out of state dentist to supervise injections in a Federal

Program)

o Virginia Commonwealth University for Amanda Rose (also Adm/Monitoring) o Community College of Southern Nevada for Stephanie Sibley (course short but

has 9 years’ experience) o Oklahoma Dental Foundation for Christen Stout



Nitrous Oxide Monitoring Course(s) o Jamie Hopkins o Anastacia Lynn Peters from Delta College MI




Dr. Holt made a motion to deny as equivalent the nitrous oxide monitoring course taken at Renton Tech College WA by Kristina McCormick. Second was given by Ms. Vaughn. Motion carried. Dr. Holt made a motion to approve the following course(s) as equivalent:

Sealant Course(s) o Manatee Technical Institute for Lisa Elaine Barnes o Orlando Tech for Meredith Southam

Second was given by Dr. Hsia. Motion carried. Dr. Holt made a motion to deny as equivalent the sealant course taken at Central Florida Institute by Amber Penrod. Second was given by Dr. Smith. Motion carried. Dr. Holt made a motion to recess the meeting at 4:45 p.m. Second was given by Dr. Jubran. Motion carried.

FEBRUARY 1, 2013 Dr. John Douglass called the meeting to order at 9:13 a.m. with all members present. CORRESPONDENCE Associations:

American Association of Dental Boards (AADB) Ms. Smith reported to the Board information on what is going on in all other states that was discussed at the AADB Annual Meeting and a newsletter from AADB. Dr. Prince made a motion to send Dea Smith, Executive Director, Jennifer Putman, Office of General Counsel, Dr. Jubran, Dr. Hsia and Dr. Holt, board members, to the American Association of Dental Boards (AADB) and the National Dental Examiners’ Advisory Forum meetings in Chicago on April 21-22, 2013 and Dea Smith to the American Association of Dental Administrators meeting on April 21, 2013. Second was given by Dr. Smith. Motion carried.

TDA Letter regarding Jurisprudence Dr. Prince made a motion to add two hours in Ethics and TN Jurisprudence for continuing education that are in addition to the current required hours for renewal and that the Board develop an online Jurisprudence examination as a continuing education option to meet this requirement. Draft of language is to be brought back to the May meeting. Second was given by Dr. Jubran. Motion carried.

Testing Agencies (ADEX) The Board reviewed correspondence from the American Board of Dental Examiners, Inc. (ADEX) and the Western Regional Exam Board (WREB) with no action. The Board wanted to leave Dr. Tabor as the board’s representative to ADEX.

Dr. Holt made a motion that only the traditional SRTA sections are need to be passed on the ADEX examination and the optional periodontal clinical examination is not required to be passed for licensure in Tennessee. If someone takes the optional part and fails, it would not affect licensure in Tennessee since it is not required. Second was given by Dr. Tabor. Motion carried with Dr. Smith voting no.



Licensees and Others

American Academy of Sleep Medicine Sam Fleishman, MD, President of the American Academy of Sleep Medicine (AASM), requested an opinion from the Board regarding the scope of practice of a dentist relating to sleep apnea. It is the position of the AASM that while the fitting of an oral appliance to treat sleep apnea is within the scope of practice of a dentist, prescribing, conducting and interpreting a medical test used for diagnosis of the disease can only be done by a licensed physician. Dr. Holt made a motion not to address this. Second was given by Ms. Warner. Motion carried.

Dr. Hottel (EFDA) Request approval to allow a non-dentist to direct the EFDA course and approval allowing trained CDA/EFDA and/or RDH/EFDA’s be able to instruct. Ms. Putnam, OGC explained the Board has already taken action on this as part of an amendment to change the wording in the rules and it will be presented at the May 2013 board meeting as a rulemaking hearing.

Anonymous letter concerning botox & dermal fillers The Board discussed with no action.

COLLABORATIVE PRACTICE/WRITTEN PROTOCOL

REVIEW DRAFT OF APPLICATION TO PRACTICE UNDER WRITTEN PROTOCOL Dr. Holt made a motion to approve the application. Second was given by Dr. Prince. Motion carried. Dr. Jubran made a motion the applications are to be reviewed and approved by the consultant. Second was given Dr. Tabor. Motion carried.

MARK MASSINGILLE MOBILE DENTAL CLINICS The Board requested additional information with a list of equipment he is using to know if he can call it a mobile clinic.

TERRY DUVALL PUBLIC HEALTH COURSES ACCEPTED Dr. Douglas responded that any public health course approved [list of approved course providers is in Rule 0460-01-.05(3)(d) and include ADA, TDA, TDHA, etc.] or the Board is accepted.

CONTROLLED SUBSTANCE MONITORING DATABASE

Update regarding the Controlled Substance Monitoring Database Committee Dr. Hsia gave update on committee and the Board discussed. No action taken.

Ms. Smith explained documents in the board books are for the Board’s information and include Public Chapter 880, Controlled Substance Monitoring Database - Notice of Rulemaking Hearing which will take place on March 7, 2013 and emergency rules regarding the database.

Discuss Possible Rule And Policy Changes - Local Anesthesia Injections Dr. Hsia, Dr. Prince and Ms. Warner agreed to be members of a task force committee to meet May 15, 2013 at 3:00 p.m., to deal with clinical issues and report back to the Board at their May 16 – 17, 2013 meeting. ORDERS OF COMPLIANCE

JAMI WILKERSON, RDA Ms. Wilkerson requested an Order of Compliance in regard to her dental assistant registration being place on probation to run concurrent with her criminal probation that expired September 2011. Based upon the evidence presented and the affidavit of the Disciplinary Coordinator, the Board found Ms. Wilkerson had proven to the satisfaction of the Board that she had complied with all provisions of the



February 7, 2011 Conditional Licensure Letter. Dr. Tabor made a motion to accept the Order of Compliance. Second was given by Dr. Holt. Motion carried.

CONSENT ORDER(S)

JILL MARIE ADNEY, RDH Ms. Adney signed a Consent Order stipulating that she forged three (3) documents and did not complete the required thirty (30) hours of continuing education for the years 2009-2010. Dr. Tabor made a motion to reject the Consent Order and place her license on a ninety (90) day suspension, one (1) year probation, make up the hours and a $300 civil penalty. Second was given by Dr. Jubran. Motion carried with Dr. Prince voting no.

KARI R. EAVENSON, DA Ms. Eavenson signed a Consent Order stipulating that she disclosed on her dental assistant application she had been practicing on a lapsed license since 2005 and had exposed radiographs without the proper certification. Ms. Eavenson agreed to a reprimand of her license and a $1000 civil penalty. Dr. Holt made a motion to approve the Consent Order. Second was given by Dr. Hsia. Motion carried.

GARY D. SIMPSON, DDS Dr. Simpson signed a Consent Order stipulating that he admitted to investigator of prescribing refills of non-controlled medications which were not dental related for himself and family members. Dr. Prince made a motion to not approve the Consent Order but instead issue a letter of warning and no civil penalty. Second was given by Dr. Tabor. Motion carried.

BRIAN J. WILKINSON, DDS Dr. Wilkinson signed a Consent Order stipulating to over prescribing controlled substances to a patient. Dr. Wilkinson agreed to probation of his dental license for a period of three (3) years, complete a three (3) day medical course entitled ”Prescribing Controlled Drugs” offered at The Center for Professional Health at Vanderbilt University Medical Center, Nashville, TN within thirty (30) days and a $1000.00 civil penalty. Upon filing a Request for Order of Compliance, expiration of the three (3) year probation, Dr. Wilkinson must appear before the Board and demonstrate successful completion of the coursework ordered, probation may be lifted at the Board’s discretion. Dr. Prince made a motion to approve. Second was given by Dr. Jubran. Motion carried with Dr. Tabor and Ms. Richert voting no and Dr. Holt sustaining.

AGREED CITATIONS

Continuing Education Dr. Holt 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:

Abernathy, Jr., Moulton D. DDS Newman, Leah S. RDH Akins, Patricia A. RDA Patel, Arvind K. DDS Atchley, Annette M. RDH Rhoads, Becky Ann RDH Byrne, Mary Ann RDA Solomon, Deanna L. RDA Dumas, Kelli Mulhollen DDS Strom, Buffy DDS Eddings, Karen Faye RDA Taylor, Carolyn A. RDA Ellis, Rhonda G. RDH Torbenson, Esther Ruth RDA Flake, Elizabeth Anne RDA Gallien, Robert Joseph DDS William-Phinnessee, LaKisha Shandell RDA

Second was given by Ms. Vaughn. Motion carried.



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

Daniel, Tina Louise RDA Hixson, Andrea Lou RDA DeYoung, Jennifer RDA McDonald, Jessie Ann RDA Hedges, Deborah Lee RDA Webster, Jennifer Anders RDA

Second was given by Dr. Ms. Warner. Motion carried. Dr. Jubran made a motion to approve the Agreed Citations for exposing radiographs from the September 2012 Board meeting.

Farmer, Deidra RDA Riggs, Deana RDA Second was made by Dr. Holt. Motion carried.

ELECTION OF OFFICERS Dr. Hsia made a motion for Dr. Holt to become President. Second was given by Dr. Jubran. Motion carried. Dr. Jubran made a motion for Dr. Smith to become Vice President. Second was given by Dr. Holt. Motion carried. Dr. Jubran made a motion for Ms. Warner to become Secretary/Treasurer. Second was given Dr. Holt. Motion carried. Dr. Jubran made a motion for Dr. Holt to remain as the Consultant. Second was given by Ms. Warner. Motion carried.

There being no further business, a motion was made by Dr. Holt to adjourned the meeting at 1:07 p.m. Second was made by Dr. Jubran. Motion carried.

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