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New Mexico Dental Health Care
REGULAR BOARD MEETING
January 29, 2016
Albuquerque, NM
MEETING MINUTES
CALL TO ORDER
At 9:28 a.m. the Board Chair, Dr. Charles Schumacher, DDS, called the New Mexico Board of Dental Health Care January 29, 2016 meeting to order.
ROLL CALL
MEMBERS PRESENT: Charles Schumacher, DDS
Burrell Tucker, DDS
David Warren III, DDS
Leo Paul Balderamos, DDS
Jolynn Galvin, DDS
Ermelinda Baca, RDH
Melissa Barbara, RDH
Richard Hatch, Public Member
MEMBERS ABSENT:
OTHERS PRESENT: Jennifer Salazar, Assistant Attorney General
STAFF PRESENT: Roberta Perea, Board Administrator
Vanessa Montoya, Compliance Liaison
Roll Call was taken by Roberta Perea and a quorum was determined present.
APPROVAL OF AGENDA
Ms. Ermelinda Baca, RDH made a MOTION to approve the agenda as written. Dr. Burrell Tucker, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
1. APPROVAL OF MEETING MINUTES
October 16, 2015 Regular Board Meeting Minutes
Ms. Ermelinda Baca, RDH made a MOTION to approve the minutes of the October 16, 2015 Regular Meeting as written. Dr. Burrell Tucker, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
October 16, 2015 Rule Hearing Minutes
Dr. Burrell Tucker, DDS made a MOTION to approve the minutes of the October 16, 2015 Rule Hearing Minutes as written. Dr. Paul Balderamos, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
2. REPORTS
A. Chair’s Report – Dr. Charles Schumacher, DDS
Verbal Report
B. Secretary’s Report – Dr. Burrell Tucker, DDS
Dr. Burrell Tucker, DDS reported to the board that from October 1, 2015 through January 6, 2016 the following licenses were issued:
27 Dental licenses issued by Examination
6 Dental licenses issued by Credentials
85 Dental Assistant Certificates
1 Expanded Function Dental Auxiliary Certificates
0 Community Dental Health Coordinator Certificates
0 Non-Dentist Owner
Dr. David Warren, III, DDS made a MOTION to enter the Boards Secretaries report into record and ratify the licenses. Dr. Paul Balderamos, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
C. Dental Hygienist Committee Report – Ms. Ermelinda Baca, RDH
Ms. Ermelinda Baca, RDH made a MOTION to ratify the recommendations of the Dental Hygienist Committee. Dr. Burrell Tucker, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
Licenses Issued for Period 10/01/15 thru 01/06/2016
5 Dental Hygienists by Examination
2 Dental Hygienists by Credentials
D. Anesthesia Committee Report – Dr. John Mitchell, DDS – (Attachment A)
Dr. John Mitchell, DDS reported to the board that from October 1, 2015 thru January 6, 2016 the following permits were issued:
12 Nitrous Oxide Permits,
3 Conscious Sedation I permit,
4 Conscious Sedation II permits
2 Deep Sedation/General Anesthesia permits
Dr. Burrell Tucker, DDS made a MOTION to ratify the recommendations of the anesthesia Committee. Ms. Ermelinda Baca, RDH SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
Dr. David Warren, III, DDS made a MOTION to appoint Dr. Anthony Warren, DDS to sit on the anesthesia committee. Dr. Burrell Tucker, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
E. Administrator’s Report – Ms. Roberta Perea
Written Report (Attachment B)
F. Compliance Liaison Report – Vanessa Montoya
No Report
G. CODA Report. Charles Schumacher, DDS
No Report
H. NMDHA Report – Ms. Kathy Sovereign, RDH
Written Report
I. NMDA Report –
Written Report (Attachment C)
J. NM Department of Health Report – Ms. Carol Hanson, RDH
No Report
K. NM Health Services Medicaid Report – Dr. Devi Gajapathi
No Report
L. PIMA Report – Ms. Melissa McDougal-Plese
No Report
M. AADB – Ms. Melissa Barbara, RDH
Written Report (Attachment D)
N. WREB Report – Ms. Ermelinda Baca, RDH
No Report
O. CRDTS Report –Ms. Ermelinda Baca, RDH
Written Report
P. SRTA Report –
No Report
Q. ADEX Report – Dr. Robert Gherardi, DMD
Written Report (Attachment E)
R. CITA Report – Ms. Ermelinda Baca, RDH
Verbal Report (Attachment E)
Ms. Ermelinda Baca, RDH directed the rules committee to add ADEX/CITA exam acceptance to the rules.
S. Prescription Drug Misuse and Overdose Prevention and Pain Management Advisory Council Report
Verbal Report
T. Rules Committee – Dr. Charles Schumacher, DDS
Verbal Report
U. Statutes Committee – Dr. Charles Schumacher, DDS
No Report
V. Ad Hoc Committees
No Report
3. OLD BUSINESS
A. Confirm Future Meeting Dates and Locations
April Board Meeting – April 22, 2016, Albuquerque
July Board Meeting – July 29, 2016 – Ruidoso
October Board Meeting – October ___, 2016 – Santa Fe
January Board Meeting – January ____, 2016 – Santa Fe
B. Discussion and possible action on rule hearing items Part 16.5.1 & Part 16.5.16 from October 16, 2015 rule hearing - Dr. Charles Schumacher
Dr. Charles Schumacher, DDS tabled agenda item Part 16.5.1 and referred back to the rules committee.
Dr. Tucker made a MOTION to adopt the changes to rule 16.5.16 as proposed, with two modifications. Under 16.5.16.7(C), the Board deleted the reference to “dental providers” and replaced the term with “licensees.” Dr. Charles Schumacher, DDS explained that this change was in response to the comment made by Dr. Schripsema, DDS’s, at the Board’s October 16, 2015 rule hearing in which Dr. Schripsema, DDS pointed out that the term “dental providers” is not defined in the Board rules. Ms. Baca, RDH, also explained that the term “licensee” has larger application to other licensees.
The Board also made changes to the proposed rule 16.5.16.10(B)(6)(d), to clarify that the font size shall be no smaller than 20% of the largest font contained in the advertisement. This modification resulted after discussion by the Board and public comment from Dr. Robert Ghererdi, DMD, stating that the original proposal of 15% was still too small and not discernable to most people. Dr. Schumacher then read the language of 16.5.16.10(B)(6)(d) as amended, which was as follows:
(d) advertise an offer for goods or services that does not meet the following requirements:
(1) for a printed advertisement, all applicable conditions and restrictions of an offer, as well as the direct reference to the licensee(s), shall be no smaller than 20% of the largest front contained in the advertisement;
(2) for an audio advertisement, all applicable conditions and restrictions of an offer, as well as the direct reference to the dental provider(s) licensee(s), must be stated at the same volume and speed as the offer language.
Dr. Schumacher stated that the reason for adopting changes to rule 16.5.16 was to clarify language and guidelines in the Board’s requirements for advertisements. These changes will require licensees to provide more specific information in their advertisements in order to keep the public well-informed and to not mislead the public. The vote was seconded by Dr. Balderamos and the motion PASSED by UNANIMOUS APPROVAL. Mr. Richard Hatch was not in the room for this discussion and vote.
4. NEW BUSINESS
A. Discussion and possible action on letter from Delta Dental – Dr. Charles Schumacher
No Action Taken
B. Update on November 20, 2015 meeting between rules committee and anesthesia committee -Dr. Charles Schumacher
No Action Taken – FYI Only
C. Discussion and possible action on Sedation Affidavit –Draft- Dr. Charles Schumacher
No Action Taken – FYI Only
D. Texas Ruling on Specialty – Dr. Charles Schumacher
No Action Taken – FYI Only
E. Public Comment
None
5. EXECUTIVE SESSION
Chair: I will hear a motion for closure of the meeting to enter into Executive Session.
Ms. Ermelinda Baca, RDH moved that the New Mexico Board of Dental Health Care 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 1, 3 &7 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 11:22 a.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 2:06 p.m. 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.
6. BOARD ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION
APPLICATIONS:
15-110-APP
Ms. Melissa Barbara, RDH made a MOTION to deem this application incomplete pursuant to NMSA 1978, Section 61-5A-12(C) of the New Mexico Board of Dental Health Care Act. Ms. Ermelinda Baca, RDH SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
15-111-APP
Ms. Melissa Barbara, RDH made a MOTION to deem this application incomplete pursuant to NMSA 1978, Section 61-5A-12(C) of the New Mexico Board of Dental Health Care Act. Ms. Ermelinda Baca, RDH SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.
Requests for Retirement Status:
Ms. Melissa Barbara, RDH made a MOTION to accept the request for Retirement Status for David Anderson, DDS. Ms. Ermelinda Baca, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Ms. Melissa Barbara, RDH made a MOTION to accept the request for Retirement Status for Daniel E. Clifford, DDS. Ms. Ermelinda Baca, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
COMPLAINTS:
Melissa Barbara, RDH made a MOTION to dismiss the following case(s):15-84-COM, 15-85-COM, 15-86-COM, 15-87-COM, 15-88-COM, 15-89-COM, 15-93-COM, 15-95-COM, 15-99-COM, 15-102-INC, 15-104-COM, 15-106-INC, 15-106-COM, 15-107-COM: Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Members Ermelinda Baca, RDH and Jolynn Galvin, DDS abstaining.
Melissa Barbara, RDH made a MOTION to dismiss 14-18-COM with an explanation letter to the Complainant. Dr.Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Members Ermelinda Baca, RDH and Jolynn Galvin, DDS abstaining.
Melissa Barbara, RDH made a MOTION to dismiss with an Advisory Letter for the following cases: 15-89-COM, 15-102-COM: Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Members Ermelinda Baca, RDH, and Jolynn Galvin, DDS abstaining.
SETTLEMENT AGREEMENTS
12-81-COM
Melissa Barbara, RDH made a MOTION to accept the Proposed Settlement Agreement, with the following modifications: (1) Respondent shall provide the board office with the name of a person who will be performing the chart audit within 30 days, and (2) the Settlement Agreement must indicate that Respondent accepts responsibility for the expenses associated with the audit. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Member Ermelinda Baca, RDH, and Jolynn Galvin, DDS abstaining.
13-20-COM
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.
13-66-COM, 13-96-COM, 14-54-COM, 14-72-COM – Arthur Melton
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 Members Ermelinda Baca, RDH, Paul Balderramos, DDS and Jolynn Galvin, DDS recusing.
13-93-MAL
Melissa Barbara, RDH made a MOTION to deny the Proposed Settlement Agreement with a counteroffer of the same terms and a $1000 fine. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Member Ermelinda Baca, RDH, abstaining.
13-97-COM
Melissa Barbara, RDH made a MOTION to deny the Proposed Settlement Agreement with a counteroffer of a $2000 fine and take the jurisprudence exam. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
MISCELLANEOUS
12-93-COM
Melissa Barbara, RDH made a MOTION to suspend the license effective immediately and issue a NCA for violation of his Settlement Agreement, pursuant paragraph 11 of the Settlement Agreement. The Board grants Dr. Schumacher authority to appoint a hearing officer to preside over the hearing. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL with Board Member Ermelinda Baca, RDH, abstaining.
13-68-COM
Melissa Barbara, RDH made a MOTION to allow the Respondent to retake the Jurisprudence Exam. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
REPORTS
New Mexico Monitored Treatment Quarterly Report – FYI
XI. ADJOURNMENT
There being no other business to come before the Dental Board, Ms. Ermelinda Baca, RDH, made a MOTION to adjourn the meeting at 2:20 p.m. Dr. Burrell Tucker, DDS, SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Submitted by: Roberta Perea 4/22/16
Roberta Perea, Board Administrator Date
Approved by: [pic] 4/22/16
Charles Schumacher, DDS, Chair Date
Attachment A
06 January 2016
The New Mexico State Board of Dental Health Care Anesthesia Committee Report for 06 January 2016:
1. We need to find a CSII qualified provider to replace Dr. Lyons on this committee. Anthony Warren of Alamagordo is interested and was strongly endorsed by Dr. Joy Trigo. We need direction from the board on how to proceed with getting Dr. Warren added to the committee.
2. A discussion was held regarding examinations performed and permits approved since the last meeting.
3. Assignments were made for members of the Anesthesia Committee for completion of Office Anesthesia Evaluations which are pending.
4. Again a discussion was held about how to get Office Anesthesia Evaluations for doctors and facilities in far Southeast and far Southwest New Mexico. The Committee does not have a solution as we are quite busy just accomplishing the CSII and DS/GA Office Anesthesia Evaluations elsewhere. The committee strongly feels that the proposed affidavit system would be an excellent resolution to the problem especially if the plan includes hiring a pert time “evaluator” for verification.
5. The meeting was adjourned.
Permits recommended for approval since last committee meeting:
A. Nitrous Oxide/ Oxygen:
a. Aditya Desai Clovis
b. Christopher Roclevitch Farmington
c. Farzad Mazloomi Los Lunas
d. Fielfer Murga Carlsbad
e. Krantikumari Bellam Albuquerque
f. Nikkita Kuppanda Albuquerque
g. Rajan Gupta Roswell
h. Ramya Subgani Hobbs
i. Robert Naffah El Paso, TX
j. Sachin Kocharekar Clovis
k. Skylar Lighthall Albuquerque
l. Suneel Namburi Amarillo, TX
m. Toni Sami Espanola
n. Virginia Sharpe Santa Fe
o. William Nichols Los Alamos
p. Yunqui Lin Santa Fe
B. CSI:
a. Armando Chavez
i. 3510 Coors Blvd SW, Albuqueruque Permanent (Initial)
ii. 106 Main St, Los Lunas Permanent (Initial)
iii. 8216 Golfcourse, Albuquerque Permanent (Initial)
iv. 201 San Pedro, Albuquerque Permanent (Initial)
v. 111 Coors Blvd NW, Albuquerque Permanent (Initial)
vi. 8501 Candelaria, Albuquerque Permanent (Initial)
vii. 2801 Eubank, Albuquerque Permanent (Initial)
b. Audrey Navarro
i. 8201 Golfcourse, Albuquerque Permanent (Initial)
ii. 2801 Eubank, Albuquerque Permanent (Initial)
c. Cameron Hatch 2801 Eubank Albuquerque Permanent (Initial)
d. Craig Paul Roswell Permanent (Initial)
e. Erin Stockton Albuquerque Permanent (Initial)
f. Almut Tropp Deming Permanent (Initial)
g. Kaitlyn Purcell 3501 Coors, Albuquerque Permanent (Initial)
h. Lily Cha 2801 Eubank Albuquerque Permanent (Initial)
i. Phillip Abshere 2801 Eubank Albuquerque Permanent (Initial)
j. Richard Rowan 2801 Eubank Albuquerque Permanent (Initial)
k. J. Ryan Mickelson Farmington Permanent (Initial)
C. CSII
a. Brock Casperson Farmington Temporary (Initial)
b. Kevin Harrison Albuquerque Temporary (Initial)
c. Seth Stockton Albuquerque Temporary (Initial)
D. DS/GA
a. Justin Sikes Farmington Temporary (Initial)
b. Carlos Alvarez
i. Cottonwood Park Albuquerque Temporary (Initial)
ii. 8501 Candelaria Albuquerque Temporary (Initial)
iii. 720 St. Michael’s Dr. Santa Fe Temporary (Initial)
Office Anesthesia Evaluations Completed:
A: CSII
a. Kendra Velasquez Rio Rancho Permanent (New Facility)
b. Hailey Ritchie Santa Fe Permanent
c. Ronald Ulike Los Lunas Permanent (Renewal)
d. Christian Anderson Bloomfield Permanent
e. Cody Coleman Kirtland Permanent (Renewal)
f. Aaron Rasmussen Farmington Permanent (Renewal)
g. Todd Whalin Kirtland Permanent
h. Chris Giblette Kirtland Permanent
A. DS/GA
a. Christopher Buttner Albuquerque Permanent (Renewal)
b. Steven Christiansen Albuquerque Permanent (Renewal)
c. Office Anesthesia Evaluations Pending:
A. CSII
a. Venkata Nalla Hobbs Initial (Jun ’15)
b. Adam Bunker Clovis Initial (Aug ’15)
c. Craig Cardon Portales Facility Only (??)
d. Kennedy Merritt Clovis Facility Only (??)
e. Jacob Rogers Paradise Blvd ABQ New Facility (Oct. ’15)
f. Kelly Hendricks Santa Fe Initial(Dec. ‘15)
g. Curtis Pino Albuquerque Initial (Dec. ‘15)
h. Chun-Xiao
iv. 8501 Candelaria, ABQ Initial (Dec. ‘15)
v. Cottonwood, ABQ Initial (Dec. ‘15)
i. Paco Major Albuquerque Initial (Feb. ’16)
j. Kevin Harrison Albuquerque Initial (Facility Only)
k. Seth Stockton Albuquerque Initial (May ’16)
l. Brock Casperson Farmington Initial (May ’16)
B. DS/GA
a. Nathan Gunning Portales Initial-Facility only (Sep. ’15)
b. David Eric Tuggle Albuquerque Renewal (May ’16)
c. Ben Smith Roswell Renewal (Dec. ’15)
d. Bryce Heiner Roswell Initial (Facility only)
e. Terry Carlberg Rio Rancho Renewal (March ‘16)
f. Carlos Alvarez
i. Cottonwood Park Albuquerque Initial (May ’16)
ii. 8501 Candelaria Albuquerque Initial (May ’16)
iii. 720 St. Michael’s Dr. Santa Fe Initial (May ’16)
g. Justin Sikes Farmington Initial (May ’16)
h. Drew Steel
i. 10221 Central Ave NE, ABQ Initial (Feb. ‘16)
ii. 950 Unser Blvd, Rio Rancho Initial (Feb. ‘16)
iii. 2800A Coors Blvd, ABQ Initial (Feb. ‘16)
iv. 1601 S. 2nd St, Rio Rancho Initial (Feb. ‘16)
v. 3400 NM 528 NW, ABQ Initial (Feb. ‘16)
vi. 3569 Zafarano, Santa Fe Initial (Feb. ‘16)
vii. 470 NM 528, Bernalillo Initial (Feb. ‘16)
viii. 6230 Paseo del Norte, ABQ Initial (Feb. ‘16)
ix. 6810 Menaul Blvd, ABQ Initial (Feb. ‘16)
x. Gallup Initial (Feb. ‘16)
John C. Mitchell DDS
Chairman of Anesthesia Committee
Attachment B
Board status sheet
Board of dental health care 1/29/2016
Board membership
|Member |Name |Start Date |Expiration Date |Term # |
|Professional Member, Board Chair |Charles Schumacher, DDS |9/6/2013 |7/1/2018 |1 |
|Professional Member, Vice Chair |Leo Paul Balderamos, DDS |12/10/2013 |7/1/2017 |1 |
|Professional Member, Secretary |Burrell Tucker, DDS | |7/1/2016 |2 |
|Professional Member |David Warren III, DDS |7/1/2015 |7/1/2020 |1 |
|Professional Member |Jolynn Galvin, DDS |11/7/2013 |7/1/2014 |1 |
|Dental Hygiene Committee Representative |Ermelinda Baca, RDH |12/17/2012 |7/1/2016 |1 |
|Chair of the Hygiene Committee | | | | |
|Dental Hygiene Committee Representative |Melissa Barbara, RDH |6/6/2013 |7/1/2014 |1 |
|Vice Chair of Hygiene Committee | | | | |
|Professional Member of Dental Hygiene Committee |Denise Teague-Myrick, RDH |11/28/2012 |7/1/2015 |1 |
|Professional Member of Dental Hygiene Committee |Sarah Kay Thiel, RDH |4/15/2014 |7/1/2017 |1 |
|Professional Member of Dental Hygiene Committee |Paula Jenkins, RDH |9/3/2014 |7/1/2018 |1 |
|Public |Robert Blewer |7/2/2013 |7/1/2018 |1 |
|Public |Richard Hatch |7/2/2013 |7/1/2018 |1 |
issues pending with or topics that could affect the board:
• Board staff is still trying to get emails from all licensees in order to go paperless with the renewals and all documents sent from the board office.
• Board staff will start testing online renewals the beginning of February.
• All board meetings/rule hearings will now be posted on the RLD’s main website under “upcoming events”.
• Licensing clerk position is currently vacant.
statute/rule changes wanted by the board:
• New adopted rules went into effect on December 16, 2015.
• The anesthesia committee met with the rules committee in November to discuss possible changes to the anesthesia rules. The rules committee will be meeting within the next couple of months to draft proposed changes to the anesthesia rules. Most of the changes discussed are due to patient safety.
the numbers
NUMBER OF CURRENT LICENSES
DD’S = 1,542
DA’S = 2,678
DH’S = 1,357
CDHC = 1
EFDA’s =3
NON-DENTIST OWNER = 23
• Total Number of Complaints Received in 2015: 103
Attachment C
American Dental Hygienists' Association
Report of the New Mexico Dental Hygienists' Association
to the New Mexico Board of Dental Health Care and the New Mexico Dental Hygienists Committee
January 29, 2016
NMDHA participated in a legislative taskforce with the NMDA and reached agreement on bill language for a dental health access bill.
NMDHA participated in the Posole Ole fundraiser event sponsored by Special Olympics on December 5, 2015.
NMDHA is promoting and recruiting volunteers for the Mission of Mercy in Santa Fe, April 1-2. Continuing education events coming up include:
March 11, 2016 Albuquerque Day sponsored by the High Desert Dental Hygienists' Society May 6, 2016 Hands On Laser Training
May 7, 2016 Midyear meeting and continuing education including OSHA and CPR
[pic]
Catherine Sovereign, MSNutr, BSDH, RDN, RDH President, NMDHA
Attachment D
AADB Meeting Report
Melissa Barbara RDH
Washington DC 11/3-11/4
Overview:
Change in the logo of AADB and also re-development of their website. They have a new objective to help states communicate between themselves better and would like to help states talk to their respective legislative bodies.
ASP Assessment Services Program-remediation program for dentist that states can utilize to find out where a potential clients deficiency’s are and then go through the remediation necessary. First step is case analyisis to see if they qualify by gathering testimony and facts regarding the individuals needs. The they are sent to participating school to be evaluated (Maryland school of dentistry, Marquette, Louisiana State) where an specific academic based program with tailored curriculum is made to remediate after a third party post evaluation happens to clear them to return to active practice. A great majority of the conference surrounded the FTC vs. NC decision specifically a representative from the FTC participated in the decision broke down the details of the case. Then further discussion by attorney/lawers about the ruling and its interpretation ensued. The overall feeling is that the decision raises larger questions regarding boards in general (i.e. medical boards, attorney boards) since, most regulation and licensing boards are composed of “a majority of active market participants.” The main feeling is the FTC was vuage on their recommendations and as time goes by, more rulings are handed down there will be better understanding as to what capacity boards are to act in. However, I have also written more details about the case within this document:
ADA President-Maxine Feinberg
Due to the rising cost of dental school education and the increase in dental students going to school, which is averaging about 1,000 more students than the last. They have a “consolidation program” in place, consisting of 60 members as of sept/2015 which is working with new graduates plan for debt repayment and use of financial planning tools.
ADA supports the goal of a uniform testing process that happens before graduation using current patients of record. Dr Joseph Gambacorta a professor at NYU at buffalo dental school spoke extensively on how the test was administered side by side with the ADEA test.
On the ADA website they area working on database on each states practice acts to help educate those moving from state to state and contribute toward professional portability. The DANB agency is working on this database for them.
Corporate Dentistry:
Many speakers spoke about the rising number of corporate dental offices and why? Such as the attraction for new graduates and the educational reimbursements as well as the attraction by patients to the “seemingly cheaper costs.”
Group practice:
Dr David Preble spoke on group practice (two or more doctors) trends and the attraction with that from the doctors and patients perspective.
• A recommendation made regarding the regulation of dentistry when in comes to corporations is to consider having the Dental Service Organization register with the Secretary of State Office. TEXAS: Since Dental board have jurisdiction over a license but not a business, they enter into an agency memorandum to share information collected by the state under this and share it with the board. NEVADA: business license is revoked must go through the dental board to get one and the secretary of state cant issue without the boards approval.
****FTC****
ADA has two dentists in congress, Dr Paul Gosar DDS and Brian Babin DDS who were not involved in the FTC decision
They spoke on the anti-trust action taken on North Carolina, their recommendation in short was not to make decision that would attract the FTC to get involved in our state. All past rules and regulations that the board has made will be under scrutiny and all future rules and regulations must be within our board’s scope.
***Representive from the FTC who was part of the NC board vs. FTC decision:
She spoke on some of the details regarding the ruling handed down by the FTC and the interpretation of that.
Ruling:
The NC board was in violation of anti-trust laws because 1) their decision to restrict whitening was found to be a restriction of trade in the market place and 2) the board was acting in a sovereign capacity, which was not granted by the state in their statues.
Reasoning:
The NC states regulatory board controlled by a majority of active market participants with a controlling number of decision makers who have a personal interest in controlling the market place
The recommendation by the FTC to all boards:
State boards are not immune to antitrust laws they must meet 2 requirements: 1) “thorough articulation of state policy” meaning we can only do what is stated in our statutes because that means our state has foreseen and explicitly endorsed the board to act in its given authority, whatever that may be. 2) There should be “active state supervision” meaning, the states must supervise, must review, the substance of the decision and have the power to veto the decision if applicable.
What does this mean as interpreted by a panel discuss by lawyer/attorney:
Interpretation:
“A controlling number of active market participants” meant not simply a numerical majority. For example: It could be 3/7 are dentist they are in the minority but if they have veto power they become a controlling number of decision makers. It can even be 1 member. Thing to be considered are the structure of board, level of participation, minuets of meetings, who shows up at meeting and who is controlling discussion can be looked at. Evaluation of individual board members and if they look at their materials how they vote over a period of time, how long they have served. Considering the total view of the board in regard to their decisions or specific members can show a controlling majority.
Regarding regulation: insights into the intent and purpose of board decisions are important, are they made to narrowly regulate a certain part of dental practice (safe decision) or is it a broad-spectrum, all-inclusive decision (restriction that inhibit).
Regarding state oversight: The Attorney General Office is not considered efficient state oversight. This is a grey area and the recommendation is to have a overseeing agency that can obtain the information necessary to evaluated the decision(s) and have the oversight/ability to have veto power. The FTC representative stated, “the majority of the decision do not need oversight unless they raise antitrust issues” and recommended that “conflict can be avoided if regulatory boards severe in an advisory board capacity that advises lawmakers”
Raises larger questions regarding boards in general (i.e. medical boards, attorney boards). Most regulation and licensing boards are composed of “a majority of active market participants.” The main feeling is the FTC was vuage on their recommendations and as time goes by and more rulings are handed down there will be better understanding as to what capacity boards are to act in.
Attachment E
REPORT ON THE ADEX ANNUAL MEETING
November 13-15 Chicago, IL
The American Board of Dental Examiners met Nov. 13-15, 2015 in Chicago. The examination review committees-endo (on which I was a committee member), perio, restorative, hygiene and grading- met to evaluate possible changes in the exam or criteria. Then the entire exam review committee met as a whole to ratify changes. Most changes were minor, closing loopholes and house-keeping. The main goal is to make the exam pass/fail by 2017. At that time only critical errors will be graded to fail candidates. Minimal proficiency will pass the exam.
The ADEX House of Delegates also met. Their main action was to make two bylaws changes which will require all House of representative delegates to also be on the exam review committees so that there is familiarity with the exam. It will also save money on reimbursements to attend the meeting, which is all paid by ADEX.
SERTA has officially left ADEX and will administer their own exam. The were some irregularities at a Tennessee exam and ADEX and SERTA had a disagreement over it so a split occurred.
Two major announcements came at the meeting-
1. ADEX now has 24/7 access for all member boards (NM is one) to the ADEX “Exam Score Portal” This is a website where the NM Board can access scores on any and all ADEX exams given either by CDCA (NERB) or CITA. It has original source verification and is at no cost. Our board office simply has to create a login.
2. The first Curriculum Integrated Format (CIF) was given at Buffalo this year and was deemed a success by both ADEX officials and Buffalo School of Dentistry. The exam took patients from the school that was in regular treatment plans. Exams were given every 3 weeks and they examined 60 candidates on 3 procedures (anterior and posterior restorations and perio scaling and root planning) over 5 visits. Examination grading was done by regular ADEX (CDCA) examiners to the same criteria as is always used for regular exams. These same procedures were graded by the school for competency exams for the students totally independent of the ADEX examiners. The benefits of the CIF is that patients are not used for the exam then abandoned and if there is a problem for a patient during the exam care is completed or followed up by dental school faculty. ADEX believes there will be 5-6 of these exams next year. Because of the smaller exam teams needed for each CIF exam, ADEX management does not believe the cost of exams will go up.
Respectfully submitted,
Robert J. Gherardi DMD
Attachment F
Hi, Roberta,
Thanks for the call this afternoon! Fortuitously, I answered the phone. While I’m sorry that I couldn’t help you with the statistical information you were searching for, I’m glad we were able to chat for a few minutes about NM’s acceptance of the CITA-administered ADEX exam. Below is the email thread between Ms. Jane Jasek at the ADA and myself back in September as we were trying to help the ADA update their website with current and correct information.
Because NM is a member state of CDCA, they accept the results of the ADEX dental exam. CITA also administers the ADEX dental exam, and we are happy to provide the NM state board with any information they may require in order to support that. I have Cced here Dr. Stan Kanna, the ADEX Board president, Dr. Chip McVea, the CITA president and the Treasurer of the ADEX Board, and Dr. Dave Perkins, the CDCA president. Any of these gentlemen are available to answer any questions regarding CITA’s administration of the ADEX dental exam.
As we discussed on the phone, CITA will officially begin administering the ADEX DH exam in January 2017, so we will transition away from the CITA DH exam over the course of this 2016 exam cycle.
I have attached various pages of the NM application for licensure here, as well as pg 12 of Article 5A of the NM Rules and Statutes. I’ve highlighted the sections that discuss the individual administrative agencies. We are asking that NM adjust their forms and their rules to include CITA now that CITA has fully integrated in to the administration of the ADEX dental (and soon to be dental hygiene) exams.
Please don’t hesitate to reach out to me personally with any questions, Roberta. Again, we are happy to provide the NM Board with whatever documentation they require.
Best-
Hannah R. Hinkson
Hannah R. Hinkson
Council of Interstate Testing Agencies
1003 High House Road, Suite 101
Cary, North Carolina 27513
Phone: (919) 460-7750, ext. 205
Fax: (919) 460-7715
email: hhinkson@
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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 ª% P.O. Box 25101 ª% Santa Fe, New Mexico 87505
(505) 476-4680ª% Fax (505) 476-4545 ª% n and Licensing Department
BOARDS AND COMMISSIONS DIVISION
New Mexico Board of Dental Health Care and
New Mexico Dental Hygienist Committee
Toney Anaya Building ▪ P.O. Box 25101 ▪ Santa Fe, New Mexico 87505
(505) 476-4680▪ Fax (505) 476-4545 ▪ rld.state.nm.us
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