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New Mexico Regulation and Licensing Department BOARDS AND COMMISSIONS DIVISION New Mexico Board of Dental Health Care and New Mexico Dental Hygienist Committee Toney Anaya Building ▪ 2550 Cerrillos Road ▪ Santa Fe, New Mexico 87505 (505) 476-4680 ▪ Fax (505) 476-4545 ▪ www.rld.state.nm.us/dental

New Mexico Dental Health Care REGULAR BOARD MEETING Friday, July 29, 2011 Ruidoso, NM

MEETING MINUTES

I. CALL TO ORDER At 11:10 a.m. the Board Chair, Dr. Jessica Brewster, DDS called the July 29, 2011 meeting of the New Mexico Board of Dental Health Care to order.

II. ROLL CALL

MEMBERS PRESENT: Jessica Brewster, DDS Burrell Tucker, DDS Robert Gherardi, DMD Kimberly Martin, DMD Charles Schumacher, DDS Laura Moss, RDH Dianne Orrell-Lopez, RDH Robert Blewer, Public Member

MEMBERS ABSENT: None

OTHERS PRESENT: Mary Smith, Assistant Attorney General

STAFF PRESENT: Kathy Ortiz, Board Administrator Laura Romero-Halama, Compliance Liaison

Roll Call was taken by Ms. Kathy Ortiz and a quorum was determined present. (Refer to sign-in Sheet for Other Guests)

III. APPROVAL OF AGENDA Dr. Burrell Tucker, DDS made a MOTION to approve the agenda as written. Dr. Charles Schumacher, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

IV. APPROVAL OF MEETING MINUTES

May 6, 2011 Regular Meeting Dr. Burrell Tucker, DDS made a MOTION to approve the minutes of the May 6, 2011 Regular Meeting as written. Dr. Charles Schumacher, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL. Revision date: 01/2011 V. REPORTS A. Chair’s Report – Dr. Jessica Brewster, DDS Written report attached (Attachment A)

B. Secretary’s Report – Dr. Burrell Tucker, DDS Dr. Burrell Tucker, DDS reported to the board that from April 25, 2011 thru July 21, 2011; there were 42 dental licenses issued by examination, 4 issued by credentials and 84 dental assistant certificates issued.

Dr. Robert Gherardi, DMD made a MOTION to enter the Board Secretaries report into record. Dr. Charles Schumacher, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

C. Dental Hygienist Committee Report – Ms. Elizabeth Caress, RDH Ms. Laura Moss, RDH made a MOTION to ratify the recommendations of the Dental Hygienist Committee. Mr. Robert Blewer SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

D. Anesthesia Committee Report – Dr. John Mitchell, DDS Dr. John Mitchell, DDS reported to the board that from April 25, 2011 thru July 21, 2011 there were 11 Nitrous Oxide Permits issued.

No Written Report

E. New Mexico Dental Association (NMDA) Report – Dr. Shelly Fritz, DDS Written report attached (Attachment B)

F. New Mexico Department of Health Report – Ms. Carol Hanson, RDH Written report attached (Attachment C)

G. New Mexico Health Services – Ms. Britt Carton, RDH No report given

H. Administrator’s Report - Kathy Ortiz Ms. Ortiz reported about changes that the dental board is temporarily down one position due to changes in RLD. Renewal finished there were still 66 Dental licenses, 42 Dental Hygienists licenses and 191 Dental Assistant Certificates that still needed to renew.

I. Compliance Liaison Report – Laura Romero-Halama No report given J. HB187 Committee have update on status, next scheduled meeting is July 30, 2011 K. Rules and Statutes Committee Committee will schedule a meeting L. Ad Hoc Committees No report given

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 2 of 17 VI. OLD BUSINESS A Appointment Committee Members by Board Chair Dr. Jessica Brewster, DDS made a MOTION to nominate Dr. Kimberly Martin, DMD as Representative for the Dental Hygienists Committee. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL

B. Confirm Future Meeting Dates and Locations Special Meeting to review proposed rules changes – Saturday, September 10, 2011 November Rule Hearing and Board Meeting – November 4, 2011 – Santa Fe January Board Meeting – January 27, 2012 – Santa Fe April Board Meeting – April 20, 2012 – Farmington July Board Meeting – July 27, 2012 – Santa Fe October Board Meeting – October 26, 2012 – Las Cruces, NM

C. Sim Man Agreement - Status Ms. Mary Smith, Assistant Attorney General is working on the agreement. Dr. Gherardi, DMD will work with Ms. Mary Smith to get Joint Powers Agreement inter-agency contract between UNM and the NM Board of Dental Health Care completed.

D. CRDTS Dr. Brewster, DDS made a MOTION to appoint Dr. Kimberly Martin, DMD and Dr. Charles Schumacher, DDS as Dental Hygienist Representatives at CRDTS. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL

E. AADB Annual Meeting – October 9-10, 2011 Travel was approved for Rebecca Howard, RDH and Dr. Burrell, DDS Tucker to attend AADB Annual Meeting. Please provide a written report stating the changes that the board has made and is currently reviewing.

VIII. NEW BUSINESS A. Open Meeting Resolution – 2011-2012 Ms. Laura Moss, RDH made a MOTION to accept the Open Meeting Resolution as written. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL

B. Teeth Whitening – Dr. Jessica Brewster, DDS Schedule an appointment with Gary King, Attorney General to discuss teeth whitening. The meeting is to include Dr. Robert Gherardi, DMD, Dr. Kimberly Martin, DMD, Ms. Gloria Lucero, Assistant Attorney General and Mr. Scott Fuqua, Assistant Attorney General. Dr. Kimberly Martin will research prior to the meeting.

C. 2012 Budget The board reviewed the 2012 Budget Report.

D. 2011 Revenue The board reviewed the 2011 Revenue Report.

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 3 of 17 E. CODA Site Visits Ms. Laura Moss will attend the March 6, 2012 University of New Mexico site visit.

F. Letters from Dr. Daniel Duran, DDS Write a letter to both dentists stating that their licenses will be renewed for the next renewal. Send Dr. Duran a copy of the letter.

G. Mission of Mercy – March 1-4, 2012 Dr. Robert Gherardi, DMD made a MOTION to approve the Mission of Mercy as an approved Charitable Event on March 1-4, 2012. Dr. Charles Schumacher, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL

H. New Mexico Monitoring Treatment Program Dr. Burrell Tucker, DDS made a MOTION to approve the NM Monitoring Program FY12 and FY 13 Contract in the amount of $11,550.00 per year ($23,100.00 Total). Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL

Ask Mr. Thayer, Executive Director to attend the November 4, 2011 board meeting.

I. Joseph Sears Dr. Jessica Brewster, DDS made a MOTION to direct staff to begin the process for a professional contract for Mr. Sears services. Dr. Robert Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL

IX. EXECUTIVE SESSION

Dr. Robert Gherardi, DMD made a MOTION that the New Mexico Dental Health Care Board close the meeting in order to enter into Executive Session to discuss the items listed on the agenda. Pursuant to Sections 10-15-1.H 1 & 7 of the Open Meetings Act authorizing closed sessions for matters related to issuance, suspension, renewal, revocation of a license and deliberation following hearing and discussion of pending litigation for Dr. Garcia, Dr. Hesch and Dr. Jaime. Ms. Laura Moss, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Vice Chair: Would the Administrator take a roll call vote to enter into Executive Session?

Roll Call Vote: Jessica Brewster, DDS Aye Robert Gherardi, DMD Aye Burrell Tucker, DDS Aye Kimberly, Martin, DDS Aye Charles Schumacher, DDS Aye Laura Moss, RDH Aye Dianne Orrell-Lopez, RDH Aye Robert Blewer, Public Member Aye

Chair: The motion is approved by a unanimous approval. Let the record show that at 1:20 p.m. the Board entered into closed session and the recorder has been turned off.

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 4 of 17 A. Consider Request for Inactive Status: Leonard Baca, DDS Steven Benson, DDS Riki Lambert, DDS Edward Howard Lockwood, DDS Cecil Mann, DDS Olakumbi Onime, DDS Neilesh Patel, DDS Manuel Ramirez, DDS Francisco Romero, DDS Sean Tran, DMD Blake Wayman, DDS

B. Consider Request for Retirement Status: James Crine II, DDS Thomas Korbitz, DDS John Neale, DDS Richard Stenzhorn, DDS Tudor Thomas, DMD Robert, White, DDS

C. Renewals for Review: Bernesteine Brown, DA William G. Wolfe, DDS Mahlon Fraleigh, DDS Ricki Felts, DDS

D. Application/Examination for Consideration: Amanda Montoya, DA

E. Consider Committee Recommendations:

1. COMPLAINTS 09-48- COM, 09-79-COM, 10-17- COM, 10-21- COM, 10-22- COM, 10-23- COM, 10-52- COM, 10-62- COM, 10-71- COM, 10-73- COM, 10-84- COM, 11-13- COM, 11-18- COM, 11-19- COM, 11-20- COM, 11-21- COM, 11-25- COM, 11-26- COM, 11-28-COM, 11-32- COM, 11-34- COM, 11-35- COM, 11-36- COM, 11-37- COM, 11-38- COM

2 Incident Reports/Malpractice Reports: 10-77-MAL, 11-14-MAL, 11-15-MAL, 11-24-INC, 11-27-INC, 11-29-MAL 11-31-INC, 11-33-INC, 11-39-INC

3 Default Orders 09-28-COM – William C. Kottke, DDS 09-32-COM – William C. Kottke, DDS 09-19-COM – William C. Kottke, DDS

F Settlement Agreement 08-92-COM – Clayton N. Coleman, Jr., DDS

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 5 of 17 10-59-APP – Daniel G. Sena, DDS 10-79-MAL – Robert E. Darmitzel, DDS

G Applications: 11-22-APP – Deep Sedation/General Anesthesia 11-23-APP – General Dentistry by Credentials 10-36-APP – General Dentistry by Credentials 11-02-APP – General Dentistry by Credentials

H Discussion: Roderick Garcia, DDS Lillian Jaime, DMD Vincent Martinez, DDS

I. Discussion and Action: Thomas Hesch, DDS

Back in Open Session

Let the record show that the recorder is back on. The New Mexico Board of Dental Health Care is back in open session. The time is 5:57 p.m Pursuant to 10-15-1 H 1 & 7 of the Open Meetings Act the matters discussed in the closed meeting were limited only to the items listed in the motion.

X. BOARD ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION

Let the record show that the Complaint Committee Member Dr. Jessica Brewster and DDS, abstained from voting on committee recommended cases.

(Items listed on Agenda)

A. Request for Inactive Status : Ms. Laura Moss, RDH made a MOTION to accept the request for Inactive Status for: Leonard Baca, DDS, Steven Benson, DDS, Riki Lambert, DDS, Edward Howard Lockwood, DDS, Cecil Mann, DDS, Olakumbi Onime, DDS, Neilesh Patel, DDS. Manuel Ramirez, DDS, Francisco Romero, DDS, Sean Tran, DMD and Blake Wayman, DDS. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

B. Request for Retirement Status : Ms. Laura Moss, RDH made a MOTION to accept/deny the request for Retirement Status for:. James Crine II, DDS, Thomas Korbitz, DDS, John Neale, DDS, Richard Stenzhorn, DDS, Tudor Thomas, DMD and Robert, White, DDS. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

C. Renewals for Review : Bernesteine Brown, DA: Ms. Laura Moss, RDH made a MOTION to approve renewal. Dr. Robert Gherardi, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 6 of 17 William G. Wolfe, DDS: Ms. Laura Moss, RDH made a MOTION to approve renewal. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Mahlon Fraleigh, DDS: Ms. Laura Moss, RDH made a MOTION to issue an NCA proposing to revoke his license for failure to comply with the Boards Continuing Education requirement pursuant to 16.5.10.10 with proposed early resolution of paying licensee fee and applicable late fee no later than August 31, 2011; failure to do shall subject him to further board action for practicing dentistry without a license pursuant to 16.5.11.9 and direct staff to send a letter informing Dr. Fraleigh that until he complies with the Continuing Education requirement his license is expired and shall not practice dentistry. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Ricki Felts, DDS: Ms. Laura Moss, RDH made a MOTION to approve renewal without stipulation. Dr. Robert Schumacher, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

C. Renewals for Review : Amanda Montoya, DA: Ms. Laura Moss, RDH made a MOTION to allow Ms. Montoya to apply for certification. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

D. Consider Committee Recommendations:

1. Complaints :

Dismissal Ms. Laura Moss, RDH made a MOTION to dismiss case numbers: 09-48-COM, 09-79-COM, 10-23-COM, 10-62-COM, 11-13-COM, 11-18-COM, 11-19-COM, 11-21-COM, 11-25-COM, 11-26-COM, 11-32-COM, 11-34-COM, 11-35-COM, 11-36-COM and 11-37-COM. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Case #10-17-COM Ms. Laura Moss, RDH made a MOTION to continue 10-17-COM Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Case #10-21-COM Ms. Laura Moss, RDH made a MOTION to proceed with the issuance of the NCA voted on by the board on October 22, 2010 meeting with Dr. Brewster as expert witness. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 7 of 17 Case #10-22-COM Ms. Laura Moss, RDH made a MOTION to proceed with the issuance of the NCA voted on by the board on January 28, 2011 meeting with Dr. Brewster as expert witness. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Case #10-52-COM Ms. Laura Moss, RDH made a MOTION to proceed with the issuance of the NCA voted on by the board on July 30, 2011 with Dr. Dr. Duran as expert witness. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Case #10-71-COM Ms. Laura Moss, RDH made a MOTION to refer to AGO for issuance of NCA for violation of 16.5.16.10.A and 61-5A.21.A (3) and (7) with propose early resolution that respondent shall reimburse the patient for the cost of the veneers on teeth #6, 7, 8, 9, 10, & 11 and for the crown on tooth #19 within 45 days ; respondent shall pay a fine of $1,000.00 within 90 days; and completion of 6 hours of Continuing Education in a course concerning Restorative Dentistry (course shall be ADA approved and should be completed in person – shall not count toward renewal CE requirement) within 90 days. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Case #10-73-COM Ms. Laura Moss, RDH made a MOTION to dismiss with Advisory Letter refer respondent to 16.5.16.10.B (3) and state that the patient’s records shall be released in a timely manner, regardless if they owe a balance, and suggest that respondent review their insurance provider agreement in regard to the frequency of replacement of fillings. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Case #10-84-COM Ms. Laura Moss, RDH made a MOTION to dismiss with Advisory Letter refer respondent to 16.5.16.10.B (3) and state that the patient’s records shall be released, regardless if they owe a balance, and in a timely manner. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Case #11-20-COM Ms. Laura Moss, RDH made a MOTION to refer to the medical board. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Case #11-38-COM Ms. Laura Moss, RDH made a MOTION to refer to AGO for the issuance of an NCA for violations of 61-5A-21 A (3) & (7) and 16.5.16.10 A, with Proposed Early Resolution that Respondent shall voluntarily surrender his license to practice dentistry in New Mexico. Respondent may apply to reinstate his license after he attends a two-year general residency program and passes a board accepted clinical exam; and respondent shall pay a fine in the amount of $3,000.00 within thirty (30) days after settlement agreement has been signed by both parties. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 8 of 17 2. Incident/Malpractice Reports:

Case #10-77-MAL Ms. Laura Moss, RDH made a MOTION to withdraw the May 6, 2011 motion to issue an NCA and take no action. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Case #11-14-MAL Ms. Laura Moss, RDH made a MOTION to refer to AGO for issuance of NCA for violation of 61- 5A-21.A.(12) and 16.5.3.8.B. with proposed early resolution that respondent shall accept a Pre- NCA Settlement Agreement to pay a fine of $1,000.00 within 30 days and successfully complete the NM Dental Jurisprudence Examination within 30 days. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

11-15-MAL No action was taken. The matter was discussed for informational purposes only.

Case #11-24-INC Ms. Laura Moss, RDH made a MOTION to refer to AGO for the issuance of an NCA for violation of 61-5A-21.A (1), (2) and 16.5.16.10.B (16) & (26) with proposed early resolution that respondent accept a Pre-NCA Settlement Agreement that respondent’s license shall be stipulated that he report to Monitor Treatment Program (MPT) for an initial evaluation within 30 days and comply with any recommendations MTP deems appropriate. Respondent shall be responsible to make sure that MTP reports all findings to the Board. Respondent shall be responsible to bear all costs associated to compliance with MTP. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Case #11-27-INC No action was taken. The matter was discussed for informational purposes only.

11-29-MAL No action was taken. The matter was discussed for informational purposes only.

Cases #11-31-INC, 11-33-INC & 11-39-INC Ms. Laura Moss, RDH made a MOTION to dismiss with Advisory Letter that respondent did proper thing by reporting of these incidents but with repeated incidents the Board suggests that you take a Continuing Education course. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

3. Default Orders:

Case #09-19-COM – William Kottke, DDS Ms. Laura Moss, RDH made a MOTION to withdraw the default order that the board voted on at the May 6, 2011 meeting. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 9 of 17 09-19-COM, 09-28-COM, & 09-32-COM Ms. Laura Moss, RDH made a MOTION to grant request and the board will vote to reopen the case and consolidate all three cases and set this matter for hearing before the full board on September 23, 2011 in Albuquerque @ 8:30 a.m. and continue until hearing is finished in Albuquerque. Location will be determined by Board Staff. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

F. Settlement Agreement :

08-92-COM – Clayton N. Coleman, Jr. DDS Ms. Laura Moss, RDH made a MOTION to issue an Order to show cause directing Dr. Coleman Jr, DDS to appear at Board’s meeting November 4, 2011 board meeting to explain his non- compliance with the June 11, 2009 settlement agreement. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

10-59-APP – Daniel G. Sena, DDS Ms. Laura Moss, RDH made a MOTION to issue an Order stating that respondent’s license shall be suspended for failure to comply with terms of Settlement Agreement. Respondent’s license shall be suspended until he successfully completes the NM Dental Jurisprudence Examination. Suspension of license takes place 10 days after receipt of order. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

10-79-MAL – Robert E. Darmitzel, DDS Ms. Laura Moss, RDH made a MOTION Respondent shall agree to Proposed Pre-NCA Settlement Agreement or Board shall issue NCA. It is the Respondent’s responsibility, as a licensee of the Board, to report all malpractice reports within 30 days pursuant to 61-5A-21.A. (12) and 16.5.3.8.B. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

G. Applications :

11-22-APP – Deep Sedation/General Anesthesia Ms. Laura Moss, RDH made a MOTION to approve temporary deep sedation/general anesthesia facility permit, Dr. K. Todd Dixon will be performing all Deep Sedation and General Anesthesia. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

11-23-APP – General Dentistry by Credentials

Ms. Laura Moss, RDH made a MOTION to stand by original decision made on May 6, 2011. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

10-36-APP – General Dentistry by Credentials

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 10 of 17 Ms. Laura Moss, RDH made a MOTION to withdrawal NCA referral made on June 4, 2010 and state that “application is incomplete pursuant to 61.5A.12.C”. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

11-02-APP – General Dentistry by Credentials Ms. Laura Moss, RDH made a MOTION to withdrawal NCA referral made on June 4, 2010 and state that “application is incomplete pursuant to 61.5A.12.C”. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

H. Discussion & Action:

Roderick Garcia, DDS For discussion purposes only

Lillian Jaime, DMD For discussion purposes only

Vincent Martinez, DDS For discussion purposes only

I.Discussion and Action:

Thomas Hesch, DDS Ms. Laura Moss, RDH made a MOTION to accept the substance of settlement agreement as presented to the board on July 29, 2011. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

XI. ADJOURNMENT

There being no other business to come before the Dental Board, Dr. Jessica Brewster, DDS made a MOTION to adjourn the meeting at 6:15 pm. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Submitted by: Kathy Ortiz, Board Administrator Date

Approved by: ______Jessica Brewster, DDS, Chair Date

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 11 of 17 NM BOARD OF DENTAL HEALTH CARE REGULAR MEETING July 29, 2011 1085 Mechem Road Ruidoso, NM AMENDED Training Room

REGULAR MEETING I. CALL TO ORDER II ROLL CALL III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES May 6, 2011 V. REPORTS A. Chair Report – Dr. Jessica Brewster.docx B. Secretary’s Report – Dr. Burrell Tucker, DDS DD by Examination – Licenses issued = 42 DD 04/26/11 to 07/21/11 DD by Credentials – Licenses issued = 4 DD 04/26/11 to 07/21/11 Dental Assistants – Licenses issued = 84 DA 04/26/11 to 07/21/11 C. Dental Hygienist Committee Report – Ms. Elizabeth Caress, RDH DH by Examination – Licenses issued = 18 DH 04/26/11 to 07/21/11 DH by Credentials – Licenses issued = 4 DH 04/26/11 to 07/21/11 D. Anesthesia Committee Report – Dr. John Mitchell, DDS Nitrous Applications – 11 04/26/11 to 07/21/11 E. NMDA Report – Dr. Shelly Fritz, DDS F. NM Dept of Health Report - Ms. Carol Hanson, RDH G. NM Health Services Report - Ms. Britt Catron, RDH NO REPORT H. Administrator’s Report – Ms. Kathy Ortiz I. Compliance Liaison Report – Ms. Laura Romero-Halama J. HB187 Rule Committee K. Rules & Statute Committee L. Ad Hoc Committees

VI. OLD BUSINESS A. Appoint Dental Hygienist Committee Representatives B. Confirm Future Meeting Dates October Meeting - October 28, 2011 - Albuquerque January Meeting – January 27, 2012 – Santa Fe April Meeting – April 20, 2012 - Farmington July Meeting - C. SimMan Agreement - Status D. Examining Boards: CRDTS E. AADB Annual Meeting – Oct 9-10, 2011

VII. NEW BUSINESS A. Open Meeting Resolution B. Teeth Whitening – Dr. Jessica Brewster, DDS C. 2012 Budget New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 12 of 17 D. 2011 Revenue E. CODA Site Visits F. Letter from Dr. Daniel Duran, DDS G. Mission of Mercy – March 1-4, 2012 H. New Mexico Monitored Treatment Program I. Joseph Sears

VIII. EXECUTIVE SESSION

A. Consider Request for Inactive Status: Leonard Baca, DDS Steven Benson, DMD Riki Lambert, DDS Edward Howard Lockwood, DDS Cecil Mann, DDS Olakunbi Onime, DDS Neilesh Patel, DDS Manuel Ramirez, DDS Francisco Romero, DDS Sean Tran, DMD Blake Wayman, DDS

B. Consider Request for Retirement Status: James Crine II DDS Thomas Korbitz, DDS John Neale, DDS Richard Stenzhorn, DDS Tudor Thomas, DMD Robert White, DDS

C. Renewals for Review: Bernesteine Brown, DA William G. Wolfe, DDS C. Mahlon Fraleigh, DDS Ricki Felts, DDS

D. Application/Examination for Consideration: Amanda Montoya, DA

E. Consider Committee Recommendations:

1. Complaints: 09-48- COM, 09-79-COM, 10-17- COM, 10-21- COM, 10-22- COM, 10-23- COM, 10-52- COM, 10-62- COM, 10-71- COM, 10-73- COM, 10-84- COM, 11-13- COM, 11-18- COM, 11-19- COM, 11-20- COM, 11-21- COM, 11-25- COM, 11-26- COM, 11-28-COM, 11-32- COM, 11-34- COM, 11-35- COM, 11-36- COM, 11-37- COM, 11-38- COM

2. Incident Reports/Malpractice Reports: 10-77-MAL, 11-14-MAL, 11-15-MAL, 11-24-INC, 11-27-INC, 11-29-MAL 11-31-INC, 11-33-INC, 11-39-INC

3. Default Orders 09-28-COM – William C. Kottke, DDS 09-32-COM – William C. Kottke, DDS 09-19-COM – William C. Kottke, DDS

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 13 of 17 F. Settlement Agreement 08-92-COM – Clayton N. Coleman, Jr., DDS 10-59-APP – Daniel G. Sena, DDS 10-79-MAL – Robert E. Darmitzel, DDS

G. Applications: 11-22-APP – Deep Sedation/General Anesthesia 11-23-APP – General Dentistry by Credentials 10-36-APP – General Dentistry by Credentials 11-02-APP – General Dentistry by Credentials

H. Discussion: Roderick Garcia, DDS Lillian Jaime, DMD Vincent Martinez, DDS

I. Discussion and Action: Thomas Hesch, DDS

IX. BOARD ACTION ON MATTERS DISCUSSED IN EXEC. SESSION

X. ADJOURNMENT FYI DOCUMENTS: ADA House of Delegates Resolution 106H-2010

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 14 of 17 (Attachment A) New Mexico Board of Dental Health Care Chair’s Report – Dr. Jessica Brewster July 29, 2011

1. Medication on Dr. Lillian Jaime case with Mary Smith, AAD. Court ordered mediation because Board did not agree with hearing officer’s (non-dentist) report. Jaime’s attorney challenged that Board was bound by hearing officers report. In Order to avoid a long, labor intensive court case, Board agreed to give Mary Smith and I authority to go into mediation and try to come up with a fair settlement for Dr. Jaime.

2. Secretary of Health, Dr. Katherine Torres called together a Task Force on Prescription Drug Overdose. I was invited on Chair of NMBDHC. NM leads the nation in drug- induced deaths per 100,000 people. Most common drugs causing drug overdose death are Heroin, Cocaine, Oxycodone and Zanax. Prescription narcotics gateway for heroin and cocaine.

Goals for Task Force: a. NM Board of Pharmacy has a Prescription Monitoring Program (PMP) that all prescribers can enroll in. What all prescribers to be aware and use.

b. Develop guidelines for prescribing opioids for tx of pain.

c. Get all Boards who have prescribers to adopt similar rules so patients are given same message. May involve legislation so all Boards comply.

d. Office of the Medical Investigator now advises Dept. of Health when an overdose death occurs. DOH advises last prescriber of overdose death. Want all prescribers aware of this. OMI and state lab do not have resources to test all MVA deaths to see if drugs were also involved.

3. Teeth Whitening – Had discussions with the 2 AAG’s who work with the Board, Mary Smith and Gloria Lucero. Complaints about bleaching being done by non-licensed dentists have come to the Board. The Board voted in the past the bleaching constitutes practicing dentistry, but we do not license non-dentists bleachers so it is hard to have jurisdiction over their activities. Also, AG does not believe we can say only dentists can bleach because people can do it at home and it may be an infringement on free trade. What has been proposed is that instead of saying only dentists can bleach teeth; we issue a certificate to someone who wants to bleach teeth. Because our job is to protect the public, we can establish criteria for patients and bleachers before bleaching can occur:

1. Pt. must have been seen by a dentist within the last 12 months.

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 15 of 17 2. Teeth whiteners must have an agreement with a dentist who will see the patient if post –tx complications arise.

3. Set standards for education before someone can bleach and for CE

4. Set standards for infection control for teeth whitener outfits.

5. Set standards for certificate – test, jurisprudence, fees.

(Attachment B) New Mexico Dental Association Report

By Dr. Shelly Fritz, President, NMDA

July 29, 2011

The NMDA House of Delegates met June8-10. You can go to our web site to see the resolutions. We had an in depth audit which suggested that we developed financial polices to protect the association. Most of the resolutions reflected the adoption of these polices. During the past legislative session we offered help to the city of Clayton to help them get a dentist in their community. The Clayton Task Force chaired by Dr. Robert Gherardi met with the City Council, the Union County Commissioners, the Hospital Administrator and the Chamber of Commerce on June 17th. We also talked to the Dalhart, Texas dentists who are less than 50 miles from Clayton. We have recently finished a report that we are sending to these interested citizens. We were successful in getting a Raton dentist to buy four operatories of equipment, instruments, and supplies for $25,000 to help him get into Clayton with less capital invested. Our profile in the Native American community grows daily with the help of our consultant, Stephanie Poston. We are working with her and ADA operatives to develop the Community Dental Health Coordinator in communities that will benefit from such a position. Our July issue of the NMDA Dental Journal is dedicated to Native American Dental Health Care. This year we will work with the Dental/Dental Hygiene Liaison Committee to develop a Geriatric Initiative to get hygienists work on a regular basis in nursing homes. We are concerned about Medicaid funding this year and are working to see that children, the elderly and special needs populations continue receiving dental benefits.

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 16 of 17 (Attachment C)

To: New Mexico Board of Dental Health Care and the Dental Hygiene Committee

From: Carol Hanson, RDH, MPH Coordinator, New Mexico Dental Support Center (NMDSC) New Mexico Department of Health 300 San Mateo NE, Suite 900 Albuquerque, NM 87108 505-222-8685 [email protected]

Date: July 29, 2011

Highlights of NMDSC since April 20, 2011:

 Attended the National Rural Health Association Conference on May 3-6, 2011 at the Hilton Austin, TX. Presented “Improving Access to Oral Health Care through a Dental Support Center” with Mary Altenberg, MS, CHES  Attended the NM Oral Health Advisory Council Meeting on May 13, 2011 in Albuquerque. Reported on the activities of the NMDSC  Attended the NM Health Resources 19th Annual Health Provider Retreat on May 20-21, 2011 at the Sagebrush Inn and Conference Center in Taos, NM. Sponsored presentations entitled “Medical-Dental Integration in the Health Care Setting to Improve Perinatal Oral Health” and “Fluoride and Tooth Decay Prevention” by Irene Hilton, DDS, MPH, San Francisco DOH. Provided scholarships for two dentists and seven dental residents  Attended the NMPCA Dental Provider Breakfast Meeting in Taos on May 21, 2011  Developed May and June newsletters with Eileen Goode at the NM Primary Care Association (NMPCA). Distributed newsletters via e-mail to network dental providers, network dental educators, UNM dental residents, and executive directors of community health center dental clinics  Awarded funding to Community Dental Services to conduct a prevention project to include four presentations on health education; oral health screenings; distribution of toothbrushes, toothpaste and floss; counseling on dental access and referral

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Revision date: 01/2011 Page 17 of 17