New Mexico Dental Health Care
REGULAR BOARD MEETING
July 17, 2015
Ruidoso, NM
MEETING MINUTES
1. CALL TO ORDER
At 11:53 a.m. the Board Chair, Dr. Charles Schumacher, DDS, called the New Mexico Board of Dental Health Care July 17, 2015 meeting to order.
2. ROLL CALL
MEMBERS PRESENT: Charles Schumacher, DDS
Burrell Tucker, DDS
David Warren III, DMD
Leo Paul Balderamos, DDS
Jolynn Galvin, DDS
Ermelinda Baca, RDH
Melissa Barbara, RDH
Richard Hatch, Public Member
MEMBERS ABSENT: Robert Blewer, Public Member
OTHERS PRESENT: Jennifer Salazar, Assistant Attorney General
STAFF PRESENT: Roberta Perea, Board Administrator
Brian McBain, Compliance Liaison
Roll Call was taken by Roberta Perea and a quorum was determined present.
3. APPROVAL OF AGENDA
Ms. Ermelinda Baca, RDH made a MOTION to approve the agenda as amended. Dr. Paul Balderamos, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
4. APPROVAL OF MEETING MINUTES
April 24, 2015 Regular Meeting
Ms. Ermelinda Baca, RDH made a MOTION to approve the minutes of the April 24, 2015 Regular Meeting as written. Dr. Jolynn Galvin, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL. Dr. David Warren, III abstained.
5. REPORTS
A. Introduction of New Board Member – Dr. David Warren, III
B. Chair’s Report – Dr. Charles Schumacher, DDS
Verbal Report
C. Secretary’s Report – Dr. Burrell Tucker, DDS
Dr. Burrell Tucker, DDS reported to the board that from April 10, 2015 through June 25, 2015 the following licenses were issued:
24 Dental licenses issued by Examination
3 Dental licenses issued by Credentials
75 Dental Assistant Certificates
0 Expanded Function Dental Auxiliary Certificates
0 Community Dental Health Coordinator Certificates
3 Non-Dentist Owner
Ms. Ermelinda Baca, RDH made a MOTION to enter the Boards Secretaries report into record and to ratify the licenses and certifications. Dr. Paul Balderamos, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
D. Dental Hygienist Committee Report – Ms. Ermelinda Baca, RDH
Dr. Burrell Tucker, DDS made a MOTION to ratify the recommendations of the Dental Hygienist Committee and ratify licenses and retirements/inactive status. Dr. Jolynn Galvin, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
Licenses Issued for Period 04/10/15 thru 06/25/2015
22 Dental Hygienists by Examination
6 Dental Hygienists by Credentials
E. Anesthesia Committee Report – Dr. John Mitchell, DDS
Written Report (Attachment A)
Dr. John Mitchell, DDS reported to the board that from April 10, 2015 thru June 25, 2015 the following permits were issued:
8 Nitrous Oxide Permits,
1 0onscious Sedation I permit,
1 Conscious Sedation II permits
0 Deep Sedation/General Anesthesia permits
Dr. Burrell Tucker, DDS made a MOTION to enter the Anesthesia Committee report into record and to ratify the licenses. Dr. Paul Balderamos, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
F. Administrator’s Report – Ms. Roberta Perea
Written Report (Attachment B)
G. Compliance Liaison Report – Mr. Brian McBain
Verbal Report
H. CODA Report. Charles Schumacher, DDS
No Report
I. NMDHA Report – Ms. Kathy Sovereign RDH
Written Report (Attachment C)
J. NMDA Report –
No Report
K. NM Department of Health Report – Ms. Carol Hanson, RDH
Written Report (Attachment D)
L. NM Health Services Medicaid Report – Dr. Devi Gajapathi
No Report
M. PIMA Report – Ms. Melissa McDougal-Plese
No Report
N. AADB – Ms. Ermelinda Baca, RDH
Written Report
O. WREB Report – Ms. Ermelinda Baca, RDH
Written Report
P. CRDTS Report –Ms. Ermelinda Baca, RDH
Written Report (Attachment E)
Q. CDCA Report – Dr. Charles Schumacher, DDS
Verbal Report
R. SRTA Report –
No Report
S. ADEX Report – Dr. Robert Gherardi, DMD
Verbal Report
T. CITA Report –
No Report
U. Prescription Drug Misuse and Overdose Prevention and Pain Management Advisory Council Report – Dr. Paul Balderamos, DDS
Verbal Report
V. Rules Committee – Dr. Charles Schumacher, DDS
No Report
W. Statutes Committee – Dr. Charles Schumacher, DDS
No Report
X. Ad Hoc Committees
No Report
6. OLD BUSINESS
A. Confirm Future Meeting Dates and Locations
October Board Meeting – October 16, 2015 – Santa Fe
January Board Meeting – January 29, 2015 – Santa Fe
April Board Meeting – April , 2015, Albuquerque
July Board Meeting – July , 2015 – Ruidoso
7. NEW BUSINESS
A. Proposed Rule Changes
Mr. Richard Hatch made a MOTION to move forward to a rule hearing in October with the discussed changes for further modifications by the rules committee. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
B. Appoint Board Member to attend the AADB Annual Meeting, November 3-4, 2015 Washington, DC
Dr. Paul Balderamos, DDS made a MOTION to approve either Dr. Charles Schumacher or Dr. Burrell Tucker to attend the AADB annual meeting on November 3-4, 2015 in Washington, DC. Dr. David Warren, III SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
C. Budget Report- Dr. Schumacher
Dr. Charles Schumacher appointed an Ad Hoc Committee to review budget. The committee will be Dr. Charles Schumacher, Dr. Paul Balderamos, Dr. Robert Gherardi and Ms. Ermelinda Baca, RDH
D. Anesthesia Appointments – Dr. Schumacher - No Action Taken
E. Anesthesia Forum -
Dr. Charles Schumacher will continue to work on a date for the anesthesia forum.
F. Public Comment - None
8. EXECUTIVE SESSION
Chair: I will hear a motion for closure of the meeting to enter into Executive Session.
Board Member Ms. Ermelinda Baca, RDH: I move that the New Mexico Dental Health Care Board close this meeting in order to enter into Executive Session to discuss the items listed in the agenda. Pursuant to Sections 10-15-1.H of the Open Meetings Act authorizing closed sessions for matters related to issuance, suspension, renewal, revocation of a license. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Chair: Would the Board Administrator take a roll call vote to enter into Executive Session?
Roll Call Vote:
Charles Schumacher, DDS
Burrell Tucker, DDS
David Warren III, DMD
Leo Paul Balderamos, DDS
Jolynn Galvin, DDS
Ermelinda Baca, RDH
Melissa Barbara, RDH
Richard Hatch, Public Member
Chair: The motion is approved by a unanimous approval. Let the record show that at 2:13 p.m. the Board entered into closed session and the recorder has been turned off.
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 4:35pm Pursuant to 10-15-1 H 1, 3 & 7 of the Open Meetings Act the matters discussed in the closed meeting were limited only to the items listed in the motion.
9. BOARD ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION
Requests for Inactive:
Ms. Melissa Barbara, RDH made a MOTION to approve the requests for Inactive Status of all the names listed on the agenda. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Requests for Retirement Status:
Ms. Melissa Barbara, RDH made a MOTION to approve the requests for Retirement Status. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
APPLICATIONS:
15-51-APP
Dr. Burrell Tucker made a MOTION to deem the application incomplete at this time pursuant to 16.5.17.8. Dr. Paul Balderamos SECONDED the motion which was PASSED by UNANIMOUS APPROVAL with Board Member Ms. Melissa Barbara, RDH, recusing.
15-59-APP
Ms. Melissa Barbara, RDH made a MOTION to approve reinstatement. Dr. Jolynn Galvin, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
15-61-APP
Ms. Melissa Barbara, RDH made a MOTION to approve reinstatement. Dr. Burrell Tucker, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
15-62-APP
Ms. Melissa Barbara, RDH made a MOTION to approve reinstatement. Dr. Burrell Tucker, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
15-65-APP
Ms. Melissa Barbara, RDH made a MOTION to accept the DANBE exam taken in May 17, 2014 until January 1, 2016. Dr. Burrell Tucker, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL with Board Member Dr. Jolynn Galvin, DDS, recusing.
15-73-APP
Ms. Melissa Barbara, RDH made a MOTION to a 6 month temporary license. Dr. Burrell Tucker, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
15-76-APP
Ms. Melissa Barbara, RDH made a MOTION to submit amended application with the additional CRNA;s and credentials of the CRNA’s. Dr. Burrell Tucker, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
COMPLAINTS:
Melissa Barbara, RDH, made a MOTION to dismiss the following case(s): 14-12-COM, 14-71-COM, 15-22-COM, 15-37-COM, 15-38-COM, 15-41-COM, 15-45-COM, 15-48-COM, 15-50-COM, 15-25-COM and 15-34-COM: Dr. Burrell Tucker, DDS, SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Members Ermelinda Baca, RDH, and Dr. Jolynn Galvin, DDS, abstaining.
Melissa Barbara, RDH, made a MOTION to dismiss with an Advisory Letter for the following cases:15-44-COM, 15-29-COM, 15-48-COM, and 15-43-COM: Dr. Burrell Tucker, DDS, SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Members Ermelinda Baca, RDH, and Dr. Jolynn Galvin, DDS, abstaining.
15-19-MAL and 15-33-MAL:
No Action was taken by the Board on these items; these items were placed on the agenda for informational purposes only.
14-72-COM
Melissa Barbara, RDH, made a MOTION to refer to the AGO for the issuance of an NCA for violation of 61-5A-21 (A)(5), 61-5A-21 (A)(13) and Rule 16.5.16.10 (B)(30) with a proposed early resolution (Settlement Agreement) with the following terms: (1) Respondent shall pay a $1,000 fine to the Board within 30 days of settlement. (2) Respondent shall take and pass the New Mexico Dental Jurisprudence Exam within 30 days of settlement. Dr. Burrell Tucker, DDS, SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Members Ermelinda Baca, RDH and Dr. Jolynn Galvin, DDS, abstaining.
14-15-COM
Melissa Barbara, RDH, made a MOTION to refer to the AGO for the issuance of an NCA for violation of 61-5A-21 (A)(5) and Rule 16.5.16.10 (B13) for violation of the ADA Code of Ethics Sections 2, 3 and 3F, with a proposed early resolution (Settlement Agreement) with the following terms: (1) Respondent shall pay a $1,000 fine to the Board within 30 days of settlement. (2) Respondent shall take and pass the New Mexico Dental Jurisprudence Exam within 30 days of settlement. (3) Respondent shall complete 8 hours of CE classes (4 CE’s in Anger Management and 4 CE’s in Pediatric Behavior) which all must come from classroom credit within 90 days of settlement. The Board also requests that this NCA is expedited with the AGO. Dr. Burrell Tucker, DDS, SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Members Ermelinda Baca, RDH, and Dr. Jolynn Galvin, DDS, abstaining.
15-17-COM
Melissa Barbara, RDH, made a MOTION to refer to the AGO for the issuance of an NCA for violation of 61-5A-21 (A)(5), Rule 16.5.16.10 (B)(13) and ADA Code of Ethics Sections 2, 3 and 3F, with a proposed early resolution (Settlement Agreement) with the following terms: (1) Respondent shall pay a $1,000 fine to the Board within 30 days of settlement. (2) Respondent shall take and pass the New Mexico Dental Jurisprudence Exam within 30 days of settlement. (3) Respondent shall complete 8 hours of CE classes (4 CE’s in Anger Management and 4 CE’s in Pediatric Behavior) which all must come from classroom credit within 90 days of settlement. The Board also requests that this NCA is expedited with the AGO. Dr. Burrell Tucker, DDS, SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Members Ermelinda Baca, RDH, and Dr. Jolynn Galvin, DDS, abstaining.
15-12-COM
Tabled
15-23-COM
Tabled
Pending Licensee Matters:
12-93-COM
FYI Only, No Action Taken.
13-55-MAL
Melissa Barbara, RDH, made a MOTION to accept the Proposed Settlement Agreement. Dr. Burrell Tucker, DDS, SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Member Ermelinda Baca, RDH, abstaining.
13-80-COM
Melissa Barbara, RDH, made a MOTION to dismiss this case. Dr. Burrell Tucker, DDS, SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Member Ermelinda Baca, RDH, abstaining.
14-87-COM
FYI Only, No Action Taken.
15-02-APP
Melissa Barbara, RDH, made a MOTION to accept the withdrawal of this application and dismiss the NCA. Dr. Burrell Tucker, DDS, SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
13-62-MAL
Melissa Barbara, RDH, made a MOTION to dismiss the NCA and vacate the hearing. Dr. Burrell Tucker, DDS, SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
13-68-COM
This case was not discussed, the Board took No Action.
Pending Litigation
D-202-CV-2014-03969-William C. Gardner, DDS- No Action taken.
Default Orders
13-37-COM
Melissa Barbara, RDH, made a MOTION to revoke license by Default Order. Dr. Burrell Tucker, DDS, SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Member Ermelinda Baca, RDH, abstaining.
13-52-COM
Melissa Barbara, RDH, made a MOTION to issue a Default Order with a $1,000 fine. Dr. Burrell Tucker, DDS, SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Member Ermelinda Baca, RDH, abstaining.
13-66-COM
Melissa Barbara, RDH, made a MOTION to revoke license by Default Order. Dr. Burrell Tucker, DDS, SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Members Dr. Paul Balderamos, DDS, and Dr. Jolynn Galvin, DDS, recusing and Ms. Ermelinda Baca, RDH abstaining.
REPORTS
New Mexico Monitored Treatment Quarterly Report – FYI Only
XI. ADJOURNMENT
There being no other business to come before the Dental Board, Dr. Charles Schumacher, DDS, made a MOTION to adjourn the meeting at 4:52pm. Ms. Ermelinda Baca, RDH, SECONDED the motion. All in Favor. All Opposed. All Abstained. Motion PASSED by UNANIMOUS APPROVAL.
Submitted by: Roberta Perea 9/3/2015
Roberta Perea, Board Administrator Date
Approved by: 9/3/2015
Charles Schumacher, DDS, Chair Date
(Attachment A)
02 July 2015
The New Mexico State Board of Dental Health Care Anesthesia Committee Report for 02 July 2015:
1. The meeting of the Anesthesia Committee of the New Mexico Board of Dental Health Care was held at the office of John C. Mitchell DDS on 07 April 2015 from 1730 until 2000.