COMMONWEALTH OF PENNSYLVANIA · 18.05.2018 · 4 [Cynthia Montgomery, Esquire, Board Counsel, re-5...

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COMMONWEALTH OF PENNSYLVANIA 1

DEPARTMENT OF STATE 2

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS 3

4

F I N A L M I N U T E S 5

6

MEETING OF: 7

8

STATE BOARD OF DENTISTRY 9

10

TIME: 9:09 A.M. 11

12

PENNSYLVANIA DEPARTMENT OF STATE 13

Board Room B 14

One Penn Center 15

2601 North Third Street 16

Harrisburg, Pennsylvania 17110 17

18

May 18, 2018 19

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State Board of Dentistry 1 May 18, 2018 2

3 BOARD MEMBERS: 4 5 John F. Erhard III, D.D.S., Chairperson 6 Molly Smith, Administrative Officer, Bureau of 7 Professional and Occupational Affairs, on behalf 8 of Ian Harlow, Commissioner of Professional and 9 Occupational Affairs 10

Mariellen Brickley-Raab, R.D.H., Secretary 11 Shawn M. Casey, D.M.D. 12 David J. Dattilo, D.D.S. - Absent 13 Barbara (Bonnie) L. Fowler, Public Member - Absent 14 Theresa A. Groody, EFDA 15 Alice Hart Hughes, Esquire, Public Member 16 R. Ivan Lugo, D.M.D. 17 Andrew S. Matta, D.M.D. - Absent 18 Arlene G. Seid, M.D., M.P.H., Department of Health 19 Jennifer Unis Sullivan, D.M.D., JD 20 Rebecca Zehring, Office of Attorney General 21 Amber Sizemore, Office of Attorney General 22

23 24 BUREAU PERSONNEL: 25 26 Peter Kovach, Esquire, Board Counsel 27 Cynthia Montgomery, Esquire, Board Counsel 28 Paul J. Jarabeck, Esquire, Board Prosecution 29 Liaison 30 Julia A. Caralle, Esquire, Board Prosecutor 31 John D. Kelly, Esquire, Board Prosecutor 32 Lisa M. Burns, Board Administrator 33 34 ALSO PRESENT: 35

36 Alex Vandiver, Commission on Dental Competency 37 Assessments 38 Dave Perkins, Chairman Board of Directors, CDCA 39 Bruce Horn, Director, Western Regional Examining Board 40 Barbara Mousel, Central Regional Dental Testing 41 Agency 42 Camille Kostelac Cherry, Chief Executive Officer, 43 PA Dental Association 44 William Sullivan 45 Sharon Langan, dental hygienist 46 Megan Brightbill, Dental Hygienist Program Director, 47

Harrisburg Area Community College 48 Dottie O'Keefe, President, PA Dental Assistants 49 Association 50


3

ALSO PRESENT: (CONTINUED) 1 2 K. Wesley Mishoe, Esquire, Eckert Seamans 3 Joseph Turnbill, Esquire 4 Marisa Swarney, Director of Government Relations, 5 PA Dental Association 6 Tina Kotsalos, Department of Banking and Securities 7 Donna Wadsworth, Agent Service Specialist, PA 8 Department of Aging 9 Bridget Montgomery, Esquire, Respondent's Counsel 10

11 12 13 14 15 16 17 18 19 20 21 22

23 24 25 26 27 28 29 30 31 32 33 34 35

36 37 38 39 40 41 42 43 44 45 46 47

48 49 50


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*** 1

State Board of Dentistry 2

May 18, 2018 3

*** 4

The regularly scheduled meeting of the State 5

Board of Dentistry was held on Friday, May 18, 2018. 6

John F. Erhard III, D.D.S., Chairperson, called the 7

meeting to order at 9:09 a.m. Molly Smith, 8

Administrative Officer, Bureau of Professional and 9

Occupational Affairs, was not present at the 10

commencement of the meeting. 11

*** 12

[Lisa M. Burns, Board Administrator, exited the 13

meeting at 9:10 a.m. and re-entered at 9:11 a.m.] 14

*** 15

Introduction of Board and Audience 16

[Chairperson Erhard requested the introduction of 17

Board and audience members.] 18

*** 19

[Chairperson Erhard welcomed new Board member Jennifer 20

Unis Sullivan, D.M.D., JD. Dr. Sullivan provided a 21

brief summary of her professional background.] 22

*** 23

[Chairperson Erhard noted this would be the last Board 24

meeting for Rebecca Zehring from the Office of 25


5

Attorney General. He stated Amber Sizemore, Esquire, 1

will assume the position on the Board as 2

representative from the Attorney General's Office and 3

will be officially welcomed at the July meeting. 4

Chairperson Erhard stated that both Dr. John 5

DeFinnis and Dr. Lisa Deem will no longer serve on the 6

Board and provided a summary of their service to the 7

Board.] 8

*** 9

Appointment - Department of Banking and Securities 10

[Tina Kotsalos, Director of the Investor Education and 11

Consumer Outreach Office, Department of Banking and 12

Securities, and Donna Wadsworth, Agent Service 13

Specialist, PA Department of Aging, provided a 14

PowerPoint presentation and video with regard to scams 15

and crimes, including elder financial exploitation 16

affecting the older population in Pennsylvania. 17

Ms. Wadsworth reviewed additional forms of elder 18

exploitation, including caregiver neglect and self-19

neglect. She discussed ways to recognize these signs 20

of abuse. Ms. Kotsalos urged Board members to contact 21

the PA Department of Aging if signs of abuse are 22

suspected. She noted that further information 23

regarding the matter was available upon request.] 24

*** 25


6

[Chairperson Erhard stated the Board voted to invite 1

all dentists and dental hygienist testing agencies 2

that offer licensure examinations to appear at this 3

meeting to present information for the Board members 4

to understand. He noted responses from Southern 5

Regional Testing Agency (SRTA) and Council of 6

Interstate Testing Agencies, Inc., (CITA) in the 7

agenda packet. Representatives from the Central 8

Regional Testing Service, the Western Regional 9

Examination Board, and the Commission on Dental 10

Competency Assessments were thanked for their 11

attendance at the meeting.] 12

*** 13

Appointment - Central Regional Dental Testing Service 14

[Mariellen Brickley-Raab, Chair of Licensure 15

Committee, introduced Dr. Barbara Mousel, past 16

president of the Central Regional Dental Testing 17

Service (CRDTS), who provided a PowerPoint 18

presentation. 19

Dr. Mousel provided a brief summary of her 20

professional background and of the organization. She 21

discussed the structure of the entity, examination 22

development, format and scoring, occupational analysis 23

and goals of the CRDTS.] 24

*** 25


7

Appointment - Western Regional Examining Board 1

[[Mariellen Brickley-Raab, Chair of Licensure 2

Committee, introduced Dr. Bruce Horn, Director of 3

Dental Exams for the Western Regional Examining Board 4

(WREB). Dr. Horn provided a brief summary of his 5

professional background before offering his PowerPoint 6

presentation. 7

Dr. Horn indicated that Integrated National Board 8

Dental Exam (INBDE) will replace National Board Parts 9

1 and 2. After two years, the "I" will be dropped, 10

and it will return to the National Board Dental Exam. 11

Dr. Horn discussed WREB exam changes, including 12

operating standards, testing reliability, validity and 13

stability, and various testing guidelines and 14

standards. He itemized the Comprehensive Treatment 15

Planning module. Examination retake specifications 16

were discussed. He suggested that the Board invite 17

the Director of Hygiene to address the hygiene exam.] 18

*** 19

[The Board recessed from 11:11 a.m. until 11:21 a.m.] 20

*** 21

Appointment - Commission on Dental Competency 22

Assessments 23

[Mariellen Brickley-Raab, Chair of Licensure 24

Committee, introduced Dave Perkins, D.M.D., Chairman 25


8

of the Commission on Dental Competency Assessments 1

(CDCA). Dr. Perkins discussed significant differences 2

and advantages that the American Board of Dental 3

Examiners (ADEX) offers for initial licensure. 4

Dr. Perkins stated Pennsylvania participated in 5

the licensure process for a long time and noted the 6

early days when the Board was awarded a grant to study 7

the licensure process. He further reviewed the 8

difference in exam content and scoring. 9

Dr. Perkins discussed the four PA licensure 10

exams, including ADEX, CRDTS, SRTA and WREB, as well 11

as the licensure exams in other states and Canada. 12

Determination of exam content was discussed. 13

Dr. Perkins noted that Maryland, District of 14

Columbia, Hawaii, New Jersey, Florida, North Carolina, 15

Louisiana, and Puerto Rico decided to only recognize a 16

testing administration agency. He discussed the 17

possibility of a national exam. Pass/fail exam 18

statistics were noted. 19

Dr. Perkins recommended that the Board join those 20

states mentioned above and accept ADEX testing only. 21

Dr. Erhard suggested the five major testing agencies 22

come together and recognize one exam.] 23

*** 24

Approval of Minutes 25


9

Approval of Minutes of the March 16, 2018 meeting. 1

CHAIRPERSON ERHARD: 2

Does anyone have any additions or 3

corrections? 4

{The Board discussed corrections to the minutes.] 5


I need a motion to approve the minutes 7

as amended. 8

DR. SEID: 9

I move to accept the minutes as amended. 10

MS. GROODY: 11

Second. 12


All in favor? Opposed? Any abstentions? 14

[The motion passed. Dr. Sullivan and Dr. Casey 15

abstained from voting on the motion.] 16

*** 17

Report of Prosecutorial Division 18

[John D. Kelly, Esquire, Board Prosecutor, presented a 19

Consent Agreement for File No. 14-46-14183.] 20

*** 21

[Peter Kovach, Esquire, Board Counsel, exited the 22

meeting at 11:50 a.m. for recusal purposes.] 23

*** 24

[Cynthia Montgomery, Esquire, Board Counsel, entered 25


10

the meeting at 11:50 a.m.] 1

*** 2


Consent Agreement for File No. 15-46-04818.] 4

*** 5

[Peter Kovach, Esquire, Board Counsel, re-entered the 6

meeting at 11:52 a.m.] 7

*** 8

[Cynthia Montgomery, Esquire, Board Counsel, exited 9

the meeting at 11:56 a.m.] 10

*** 11

[John D. Kelly, Esquire, Board Prosecutor, presented 12

Consent Agreements for File No. 16-46-08118 and File 13

No. 16-46-10121.] 14

*** 15


Consent Agreement for File No. 16-46-11964. Bridget 17

Montgomery, Esquire, Counsel for the Respondent, was 18

also present and participated in the discussion.] 19

*** 20

[Julia A. Caralle, Esquire, Board Prosecutor, 21

presented a Consent Agreement for File No. 18-46-22

00365.] 23

*** 24

[Paul J. Jarabeck, Esquire, Board Prosecutor, 25


11

presented a Consent Agreement for File No. 15-46-1

01144.] 2

*** 3

[Cynthia Montgomery, Esquire, Board Counsel, re-4

entered the meeting at 12:14 a.m.] 5

*** 6

Report of Board Counsel 7

Status of Regulations 8

[Cynthia Montgomery, Esquire, Board Counsel, stated no 9

public comment had been received with regard to 10

Proposed Rulemaking 16A-4626, Child Abuse Reporting 11

Requirements, and Final Annex. Ms. Montgomery 12

referred Board members to a draft of the Final 13

Rulemaking comments from the Independent Regulatory 14

Review Commission (IRRC) and the Summary of IRRC's 15

Comments and Suggested Responses for further 16

discussion. 17

Ms. Montgomery discussed changes to the Final 18

Annex language, including several in Section 33.1, 19

Definitions, and Section 33.401, Credit-hour 20

requirements. She stated the regulation as amended 21

was consistent with the Child Protective Services 22

Law.] 23

MS. MONTGOMERY: 24

If you're satisfied with this version of 25


12

the Final Rulemaking, if you would, a 1

vote to approve the Final Annex as 2

Amended. 3

DR. SEID: 4

I so move. 5

MS. HUGHES: 6

Second. 7


Any other discussion on the question? 9

Call for the vote. All in favor? 10

Opposed? Seeing none, passed. 11

[The motion carried unanimously.] 12

*** 13

Report of Board Counsel (Continued) 14

[Peter Kovach, Esquire, Board Counsel, noted Consent 15

Agreements, a Motion to Enter Default and Deem Facts 16

Admitted, three Proposed Adjudications and Orders, one 17

miscellaneous item, and one application for Board 18

deliberation during Executive Session.] 19

*** 20

Report of Board Chairperson 21

[John F. Erhard, III, D.D.S., Chairperson, requested 22

the Board note changes to the committee assignments. 23

This being Ms. Zehring's last meeting, he asked that a 24

Board member consider participating on the Probable 25


13

Cause Screening Committee. 1

The Chairperson noted the elimination of the 2

Practice Ownership Committee, but stated the Board 3

would be able to reinstate that committee at will in 4

the future. 5

Mr. Erhard stated that he, Ms. Hughes, Dr. Lugo 6

and Ms. Groody will participate in this year's 7

Mom-n-PA event in Reading, Pennsylvania.] 8

*** 9

For the Board's Information/Discussion 10

[Chairperson Erhard asked for a volunteer to attend 11

the AADB 135 Annual Meeting to be held September 22, 12

23, 2018 in Hawaii.] 13


I need a motion for the Board to 15

underwrite the attendance of Dr. Lugo at 16

the AADB meeting on September 22 and 23, 17

2018. 18

MS. HUGHES: 19

So moved. 20

MS. GROODY: 21

Second. 22


All in favor? Opposed, same sign? 24



14

*** 1

[Chairperson Erhard commented that since the last 2

meeting, he visited Temple and spoke to students and 3

faculty regarding the role of the State Board of 4

Dentistry.] 5

*** 6

Report of Commissioner/Deputy Commissioner - No 7

Report. 8

*** 9

Report of Board Administrator - No Report 10

*** 11

Committee Reports 12

Expanded Function Dental Assistant Committee 13

[Theresa Groody, EFDA, Chairperson, contacted the CDCA 14

EFDA while awaiting the regulation package results and 15

is as well awaiting approval of PALS to officially 16

approve the programs discussed at the last meeting. 17

She stated Board Counsel was directed to write to one 18

of the schools discussed at the last meeting and 19

inquired if that transpired. 20

Chairperson Erhard will attend the CDCA exam in 21

Ohio.] 22

*** 23

Licensure Committee 24

[Mariellen Brickley-Raab, RDH, Chairperson, commented 25


15

that the presentation was helpful going forward with 1

the examination process in Pennsylvania. She may not 2

be at the July meeting, but would continue to work on 3

the matter until then. 4

Dr. Casey discussed his visits to Temple and 5

Wilkes College in Luzerne County.] 6

*** 7

Newsletter 8

[Arlene G. Seid, M.D., MPH, commented that a vendor 9

reported to the department that a dental surgeon 10

prescribed 30 days' worth of Vicodin for a wisdom 11

tooth extraction. She suggested that the Board place 12

a reminder of the prescribing guidelines in the 13

newsletter.] 14

*** 15

Probable Cause Screening Committee 16

[Alice Hart Hughes, Esquire, Chairperson, reported 17

that the committee had met that morning to consider 18

one item.] 19

*** 20

Regulations/Legislative Review Committee - No Report. 21

*** 22

Scope of Practice - No Report. 23

*** 24

Correspondence 25


16

[Chairperson Erhard referred Board members to 1

correspondence from Dr. Reitz for review.] 2

*** 3

For the Board's Information/Discussion (Continued) 4

[Chairperson Erhard referred Board members to the 5

proposed 2019 Board Meeting dates for further 6

discussion. He again noted the responses from CITA 7

and SRTA for review. 8

Mr. Kovach explained the recusal guidelines.] 9

*** 10

[The Board recessed from 12:47 p.m. until 12:55 p.m.] 11

*** 12

[Pursuant to Section 708(a)(5) of the Sunshine Act, at 13

12:55 p.m. the Board entered into Executive Session 14

with Peter Kovach, Esquire, Board Counsel, and 15

Cynthia Montgomery, Esquire, Board Counsel, for the 16

purpose of conducting quasi-judicial deliberations and 17

to receive the advice of Counsel. The Board returned 18

to open session at 2:19 p.m.] 19

*** 20

[Molly Smith, Administrative Officer, Bureau of 21

Professional and Occupational Affairs, on behalf of 22

Ian Harlow, Commission of Professional and Occupation 23

Affairs, entered the meeting during Executive 24

Session.] 25


17

*** 1

MOTIONS 2

MR. KOVACH: 3

Pursuant to Section 708(a)(5) of the 4

Sunshine Act, the Board met in Executive 5

Session for the purpose of conducting 6

quasi-judicial deliberations and to 7

receive the advice of Counsel. 8

DR. SEID: 9

I'd move that we reject the Consent 10

Agreement for File No. 18-46-00365 as too 11

lenient. 12

MS. HUGHES: 13

Second. 14


On the question. 16

17

Hughes, aye; Lugo, aye, Casey, aye; Unis 18

Sullivan, aye; Brickley-Raab, aye; 19

Zehring, aye; Seid, aye; Groody, aye; and 20

Erhard, aye. 21


*** 23

MS. ZEHRING: 24

I move to accept the Consent Agreement 25


18

for File No. 15-46-01144. 1

MS. BRICKLEY-RAAB: 2

Second. 3


On the question? 5

6




Erhard, aye. 10

[The motion carried unanimously. The Respondent's 11

name is Heister H. Linn, Jr., D.D.S.] 12

*** 13



for File No. 14-46-14183. 16

DR. SEID: 17

Second. 18


On the question. 20

21




Erhard, aye. 25


19


name is Ronald Joseph Briglia, D.M.S.] 2

*** 3

MS. HUGHES: 4

I move to accept the Consent Agreement at 5

File No. 15-46-04818. 6


Second. 8


On the question. 10

11




Erhard, aye. 15

[The motion carried unanimously. Peter Kovach, 16

Esquire, Board Counsel, recused from deliberations on 17

the matter. The Respondent's name is Larry H. Snyder, 18

D.D.S.] 19

*** 20

DR. UNIS SULLIVAN: 21


for File No. 16-46-08118. 23


Second. 25


20


On the question. 2

3




Erhard, aye. 7


name is Larry L. Shapiro, D.D.S.] 9

*** 10

DR. CASEY: 11


for File No. 16-46-10121. 13

MS. GROODY: 14

Second. 15


On the question. 17

18




Erhard, aye. 22


name is Merys Downer-Garnette, D.M.D.] 24

*** 25


21

DR. LUGO: 1


for File No. 16-46-11964. 3

MS. HUGHES: 4

Second. 5


On the question. 7

8



Zehring, aye; Seid, abstain; Groody, aye; 11

and Erhard, aye. 12

[The motion carried. Dr. Seid abstained from voting 13

on the motion. The Respondent's name is Willis 14

Clifton Manges, D.D.S.] 15

*** 16

MS. HUGHES: 17

In the case of Elizabeth J. Rightweiser, 18

dental hygienist, at File No. 16-46-19

03453, I move the Board deny the Motion 20

to Enter Default and Deem Facts Admitted, 21

and that Board Counsel be directed to 22

investigate service in accordance with 23

the discussions held in Executive 24

Session. 25


22


Second. 2


Do you want to amend that? 4

MR. KOVACH: 5

We should probably amend that. Board 6

Counsel shouldn't be investigating; 7

however, we can take note of the Board's 8

concerns in the denial. 9


So amended and seconded. 11

On the question. 12

13




Erhard, aye. 17

[The motion passed unanimously.] 18

*** 19

MS. GROODY: 20

I move that the Board adopt the Hearing 21

Examiner's Proposed Adjudication and 22

Order in the case of Commonwealth of 23

Pennsylvania, Bureau of Professional and 24

Occupational Affairs vs. Nicholas 25


23

Marshall, D.D.S., File No. 15-46-07742, 1

and direct Board Counsel to prepare the 2

Board's final order. 3

MS. HUGHES: 4

Second. 5


On the question. 7

8




Erhard, aye. 12

[The motion passed unanimously.] 13

*** 14

MR. KOVACH: 15

The next matter is Number 12 on the 16

agenda. It's the matter of the Petition 17

for Reinstatement of the License to 18

Practice Dentistry of Neil I. Pakett, 19

D.M.D., File No. 17-46-09665. 20

Based on discussions in Executive 21

Session, I believe the Board Chair would 22

accept a motion authorizing Counsel to 23

draft an Adjudication and Order 24

consistent with the Board's discussion. 25


24


I'll make that motion. 2


Second. 4


On the question. 6

7

Hughes, recused; Lugo, nay, Casey, aye; 8

Unis Sullivan, aye; Brickley-Raab, aye; 9

Zehring, recused; Seid, recused; Groody, 10

nay; Smith, aye; and Erhard, aye. 11

[The motion carried. Ms. Hughes, Dr. Seid and Ms. 12

Zehring recused from deliberations and voting on the 13

motion. Dr. Lugo and Ms. Groody opposed the motion.] 14

*** 15

DR. SEID: 16

I move to deny the Request for 17

Reinstatement of Nicholas F. Breen, 18

D.M.D., File No. 17-46-11693, and direct 19

Board Counsel to prepare the Board's 20

final order. 21

MS. ZEHRING: 22

Second. 23


On the question. 25


25

1




Erhard, aye. 5


*** 7

MS. ZEHRING: 8

I move to provisionally deny the 9

application of Daniel Sena, Dentist. 10

MS. HUGHES: 11

Second. 12


On the question. 14

15




Erhard, aye. 19


*** 21

[Chairperson Erhard reminded Board members that the 22

next meeting will be held on July 20, 2018. He 23

thanked Ms. Zehring for being a part of the Board.] 24

*** 25


26

Adjournment 1

CHAIRMAN ERHARD: 2

Motion to adjourn? 3

DR. CASEY: 4

I move that we adjourn. 5

DR. LUGO: 6

Second. 7

CHAIRMAN ERHARD: 8

All in favor? 9


*** 11

[There being no further business, the State Board of 12

Dentistry meeting adjourned at 2:29 p.m.] 13

*** 14

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1

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CERTIFICATE 3

4

I hereby certify that the foregoing summary 5

minutes of the State Board of Dentistry meeting, was 6

reduced to writing by me or under my supervision, and 7

that the minutes accurately summarize the substance of 8

the State Board of Dentistry meeting. 9

10

11

12

Seth R. Baier 13

Minute Clerk 14

Sargent’s Court Reporting 15

Service, Inc. 16

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STATE BOARD OF DENTISTRY 1 REFERENCE INDEX 2 May 18, 2018 3

4 TIME AGENDA 5 6 9:09 Official Call to Order 7 8 9:09 Introduction of Board 9 10

9:18 Appointment – Department of Banking and 11 Securities 12 13 9:47 Appointment - Central Regional Dental 14 Testing Service, Inc. 15 16 10:17 Appointment - Western Regional Examining 17 Board 18 19 11:11 Recess 20 11:21 Return to Open Session 21 22

11:21 Appointment - Commission on Dental 23 Competency Assessments 24 25 11:50 Approval of Minutes 26 27 11:54 Report of Prosecutorial Division 28 29 12:14 Report of Board Counsel 30 31 12:31 Report of Board Chairperson 32 33 12:34 For the Board's Information/Discussion 34 35

12:36 Report of Committees 36 37 12:46 For the Board's Information/Discussion 38 (Continued) 39 40 12:47 Recess 41 12:55 Return to Open Session 42 43 12:55 Executive Session 44 2:19 Return to Open Session 45 46 2:21 Motions 47

48 2:29 Adjournment 49 50

COMMONWEALTH OF PENNSYLVANIA · 18.05.2018 · 4 [Cynthia Montgomery, Esquire, Board Counsel, re-5...

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