Delaware Board of Massage and Bodywork s12

CANNON BUILDING STATE OF DELAWARE TELEPHONE: (302) 744-4500 861 SILVER LAKE BLVD., SUITE 203 DEPARTMENT OF STATE FAX: (302) 739-2711 DOVER, DELAWARE 19904-2467 WEBSITE: WWW.DPR.DELAWARE.GOV DIVISION OF PROFESSIONAL REGULATION

PUBLIC MEETING MINUTES: BOARD OF DENTAL EXAMINERS

MEETING DATE AND TIME: Thursday, September 13, 2007 at 4:30 p.m.

PLACE: 861 Silver Lake Boulevard, Dover, Delaware Conference Room B, second floor of the Cannon Building

MINUTES APPROVED: October 11, 2007

MEMBERS PRESENT

Robert P. Marier, DDS, Professional Member, President, Presiding Neil McAneny, DDS, Professional Member David S. Williams, DMD, Professional Member David Deakyne, DDS, Professional Member Wanda G. Smith, DDS, Professional Member, Secretary Kimberly A. Hickman-Bowen, RDH, MA, Professional Member Fay S. Rust, RDH, Hygiene Advisory Member Bonnie L. Thomas, RDH, Hygiene Advisory Member James King, Public Member John M. Kirby, Public Member

MEMBERS ABSENT

Danna Levy, Public Member Debora Mause, RDH, Hygiene Advisory Member

DIVISION STAFF/DEPUTY ATTORNEY GENERAL PRESENT

Allison Reardon, Deputy Attorney General Jennifer Myer, Administrative Specialist II James Collins, Director, Division of Professional Regulation Delaware Board of Dental Examiners’ Minutes October 13, 2005 Page 2

ALSO PRESENT

Gary Isaacs, DDS

CALL TO ORDER

Dr. Marier called the meeting to order at 4:43 p.m.

REVIEW OF MINUTES

The board reviewed the minutes of the August 9, 2007 meeting. Dr. Williams made a motion, seconded by Mr. Kirby, to approve the minutes as written. The motion was unanimously carried.

UNFINISHED BUSINESS

Tabled Applications Ms. Rust made a motion, seconded by Dr. Williams, to approve the dental hygiene licensure application of Jean Rath, contingent on passing the Jurisprudence exam. The motion was unanimously carried.

Ms. Rust made a motion, seconded by Mr. Kirby, to approve the dental hygiene licensure application of Heidi Mindel, contingent on passing the Jurisprudence exam. The motion was unanimously carried.

Applications approved with Contingencies Gloria Tosini was approved for dental hygiene licensure on August 9, 2007, pending documentation. Forms were received. Ms. Tosini passed Jurisprudence Exam and a license was issued on August 28, 2007. Carlyn Parsley was approved for dental hygiene licensure on August 9, 2007, pending CPR card. The updated card was received and a license was issued on August 29, 2007.

ADA Continuing Education Recognition Program (CERP) Call for Written Comments Dr. Williams made a motion, seconded by Mr. Kirby to issue no response to the American Dental Association’s call for comments. The motion was unanimously carried.

The reasoning was that the Board already accepts courses approved by CERP and the American General Dentistry group. The ADA is seeking to combine both groups under one program, which the Board finds acceptable. Therefore, no comment is necessary.

Final Denial – Proposal to Deny- No Hearing Requested Dr. McAneny made a motion, seconded by Mr. King to deny licensure to Cornelius E Gaither based on his previous disciplinary history in other states. The motion was unanimously carried. The Board signed the final order.

NEW BUSINESS

Recommendations from the Credentialing Committee Mr. Kirby made a motion, seconded by Dr. Smith, to ratify the recommendation of the Credentialing Committee to grant dental licensure to the following persons: Delaware Board of Dental Examiners’ Minutes October 13, 2005 Page 3

Christine Fox-Naselli MaryKatherine Matthews

The motion was unanimously carried.

Licenses Issued (since August 9, 2007) Arlene Benzer was approved for dental hygiene licensure on April 12, 2007. Ms. Benzer passed the Jurisprudence Exam and was issued a license on September 4, 2007.

Complaints Assigned Complaint #09-07-07 was assigned to Dr. McAneny.

Review of Applications for Dental Hygiene Licensure by Reciprocity Ms. Rust made a motion, seconded by Dr. McAneny, to approve dental hygiene licensure to Andrea McElravy contingent upon passage of the Jurisprudence Exam. The motion was unanimously carried.

Election of Officers Dr. David Williams was unanimously voted President of the Board.

Dr. Wanda Smith was unanimously voted Secretary of the Board.

Examination Dates 2008 The Dental Exam is scheduled for January 10 and 11, 2008 at the Delaware Technical and Community College, Wilmington. The June exam dates have not been confirmed at this time.

The Dental Hygiene Exam is scheduled for January 11, 2008 at the Delaware Technical and Community College, Wilmington. The May exam date has not been confirmed at this time.

The Board requested Ms. Myer schedule a snow date for the exam that could also be used as the Hygiene Exam date if space and time become an issue.

Meeting Dates 2008 The Board will tentatively meet on the following dates in 2008:

January 24, April 10, June 19, September 11 and December 11.

Other dates may be added as needed.

Ethical Moment Article Discussion Dr. Marier presented an article he found in Perspectives regarding telling patients about other dentist’s pending complaints. Ms. Reardon spoke to the Board concerning their duties as Board Members.

Ms. Reardon reminded the Board that if assigned as the contact for a complaint, anything discussed is confidential. Also, anything discussed during Executive Sessions is confidential. Delaware Board of Dental Examiners’ Minutes October 13, 2005 Page 4

Ms. Reardon will prepare a packet of information regarding this issue for the Board members to have for themselves.

American Dental Hygienists’ Association Dr. Williams made a motion, seconded by Dr. Smith to not respond to the ADHA’s request for comments on their drafts of Competencies for the Advanced Dental Hygiene Practitioner and Standards for Clinical Dental Hygiene Practice as they do not affect the current statue. The motion was unanimously carried.

Reinstatement Question- Dr. Robert Kidd Dr. Williams made a motion, seconded by Dr. McAneny, to amend the reinstatement of Dr. Robert Kidd to make it retroactive to June 1, 2006. The motion was unanimously carried.

Review of Anesthesia Advisory Consultants Email The Board reviewed an email from Dr. Larry Giordano in which he cites reasons for exempting permit holders who practice in hospitals from the 6-year inspection rule. This is because the hospital undergoes its own inspection and the anesthesia inspection would be redundant.

Dr. Williams made a motion, seconded by Dr. Deakyne, that it is unnecessary for Dr. Granite and Dr. Giordano to be reevaluated due to their position in the hospital but at the 6-year inspection date, they must show that they are still employed and working in the hospital. The motion was unanimously carried.

Executive Session Dr. Williams made a motion, seconded by Mr. Kirby to enter into Executive Session. The motion was unanimously carried. The Board entered into Executive Session at 5:48 pm.

Exam process and procedures were discussed.

The Board resumed the public meeting at 6:50 pm.

Discussion of non-profit dental clinics The Board reviewed the statutory requirements related to the provision of voluntary dentals services in non-profit clinics. It was brought to the Board’s attention that 24 Del. C. § 1171 requires clinics to be operated in the same name as the licensed practitioner acting as the manager, proprietor, operator or conductor of the clinic. Dr. Isaacs from the Ministry of Caring pointed out that this poses a hardship due to the turnover of physicians in the non-profit clinics. In addition, dentists working in clinics organized under 24 Del. C. § 1133(5) may not charge a fee. The Board made a motion to refer the matter to the Leg/Rules Committee to recommend possible revisions to the statute regarding the name and fee issues.

Mr. King made a motion, seconded by Dr. Williams to refer this matter to the Legislative/Rules Committee. The motion was unanimously carried.

Other Business Before the Board (for discussion only)

Questions Regarding the Use of Lasers by Dentists or Dental Hygienists Delaware Board of Dental Examiners’ Minutes October 13, 2005 Page 5

The Board reviewed several emails concerning the use of lasers by hygienists for various procedures including teeth whitening. Ms. Reardon noted that the Delaware Medical Board has deemed the use of lasers as a medical procedure. However, the Medical Board had not looked at this rule from the dental aspect. Ms. Reardon will discuss with the Medical Board for clarification. The Board felt that under the current code, rules and regulations laser use should only be performed by a dentist and laser tooth whitening should not be handled by the hygienist.

New Committee Chairpersons Dr. Williams is currently the chair person for the Legislative/Rules Committee and the Credentialing Committee. Now that he has been elected president, some of these duties should be reassigned to other Board members. The Board decided that new committee chairs will be elected at the next meeting.

Public Comment

There was no public comment

Next Scheduled Meeting

The next meeting will be held on Thursday, October 11, 2007 at 5:00 p.m. in Conference Room A, second floor of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware.

Adjournment

There being no further business, Mr. Kirby made a motion, seconded by Ms. Hickman-Bowen to adjourn the meeting. The motion was unanimously carried. The meeting adjourned at 7:15 p.m.

Respectfully submitted,

Jennifer L Myer Administrative Specialist II