State Board of Dentistry
Meeting Summary
December 11, 2015
Prosecutorial Report
· Dentist failed to maintain a complete patient record. Consent Agreement: Public reprimand, a minimal penalty and must complete 15 hrs of CE in record keeping.
·Dentist employed a dental hygienist whose license had lapsed. Consent Agreement: $3000 penalty and $151 for the cost of the investigation. The hygienist’s license is currently active, and the hygienist was also disciplined.
· Dentist violated Virginia law and failed to make a proper diagnosis. The dentist was disciplined by the Virginia dental board with a penalty. Consent Agreement: SBOD also issued the dentist a penalty. Note: the dentist has not practiced in Pennsylvania for over 5 years.
· Dentist violated Massachusetts law and failed to follow CDC guidelines. The dentist was placed on probation in Massachusetts until the violations could be corrected. Consent Agreement: Public reprimand and $2000 civil penalty.
· Dentist who currently has a pending application for licensure with the board is currently in voluntary treatment for alcohol dependency and abuse.
Chairman’s Report
Dr. Erhard attended the American Association of Dental Boards (AADB) meeting in Washington D.C., which was held in conjunction with the ADA meeting. Dr. Erhard informed the board of different services that the AADB offers to all state boards, including assessment and remediation services. Dr. John DeFinnis also attended the meeting and provided a summary to the board of the different speakers at the meeting.
Dr. DeFinnis noted that one of the speakers at the meeting commented on the North Carolina BDE vs. FTC case, and stated that North Carolina lost based on a technicality, as it did not have “tooth whitening” clearly defined within its regulations. The speaker advised that dental boards review their regulations to assure that they have clear definitions.
Dr. Erhard also attended the National Board of Dental Examiners meeting.
Commissioner’s Report
The board’s IT projects are currently on time and on budget. However, because of the budget impasse, there are expenses that are not being covered, and there are things that are being delayed. The appointments to fill vacancies on the board are currently before the Senate and are awaiting approval.
Report of Board Administrator
No Report
Committee Reports
EFDA Committee: The committee reported that there are 3 EFDA programs that are up for discussion in executive session, as well as proposed changes to the EFDA examination.
Licensure Committee: The committee is exploring the potential of increasing the amount of CE credits required for re-licensure. Ms. Brickley-Rabb asked for clarification from legal counsel on licensure after incarceration. The board reviews each application on a case-by-case basis; there in nothing in the regulations that prohibits licensure after incarceration. The most severe bar is a violation of the drug act, which requires that offenders must wait at least 10 years prior to applying for licensure.
Practice Ownership Committee: No Report
Probable Cause Committee: The committee reported that it ruled on 3 matters.
Regulations/Legislative Review Committee: No Report
Scope of Practice Committee: No Report
PSOMS Correspondence
Representatives from PSOMS were unavailable to attend the meeting, so discussion on this issue was tabled until the next meeting.
A representative from PANA (nurse anesthetists) was present at the meeting and made comments to the board that they received legal advice from their attorney that they should be educating their membership on current regulations; PANA is currently taking measures to educate their members on regulations.
Note: This issue refers to PSOMS concerns about certified registered nurse anesthetists (CRNAs) administering anesthesia in dental offices. CRNAs do not fall under the SBOD’s jurisdiction; there was concern about allowing CRNAs to be supervised remotely by a physician and the confusion that may ensue as to whether the physician or the dentist is ultimately responsible.
Election of Officers
Mariellen Brickley-Raab was nominated to serve as secretary. The nomination was seconded and nominations were closed. Ms. Brickley-Raab was unanimously elected to serve as secretary.
Dr. John F. Erhard was nominated to serve as chairperson. The nomination was seconded and nominations were closed. Dr. Erhard was unanimously elected to serve as chairperson.
Miscellaneous
The Department of Human Services has made a ruling on what type of groups Act 31 child abuse background checks apply to. This determination has not yet been written into regulation, and thus is not yet available to the public.
The next meeting will take place on January 22, 2016.