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Sargent's Court Reporting Service, Inc. (814) 536-8908 1 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: 9:07 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 17, 2019 19 20 21 22 23 24 25

COMMONWEALTH OF PENNSYLVANIA...4 Sargent's Court Reporting Service, Inc. (814) 536-8908 1 *** 2 State Board of Dentistry 3 May 17, 2019 4 *** 5 The regularly scheduled meeting of the

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Page 1: COMMONWEALTH OF PENNSYLVANIA...4 Sargent's Court Reporting Service, Inc. (814) 536-8908 1 *** 2 State Board of Dentistry 3 May 17, 2019 4 *** 5 The regularly scheduled meeting of the

Sargent's Court Reporting Service, Inc. (814) 536-8908

1

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: 9:07 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 17, 2019 19

20

21

22

23

24

25

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State Board of Dentistry 1 May 17, 2019 2

3 4 BOARD MEMBERS: 5 6 John F. Erhard III, D.D.S., Chairperson 7 Kalonji Johnson, Acting Commissioner, Bureau of 8 Professional and Occupational Affairs - Absent 9 Shawn M. Casey, D.M.D. 10 Barbara (Bonnie) L. Fowler, Public Member 11 Godfrey Joel Funari, M.S., D.M.D. 12

Theresa A. Groody, EFDA 13 Alice Hart Hughes, Esquire, Public Member 14 Joel S. Jaspan, D.D.S. 15 R. Ivan Lugo, D.M.D. 16 Andrew S. Matta, D.M.D. – Absent 17 LaJuan M. Mountain, D.M.D. 18 Arlene G. Seid, M.D., M.P.H., Secretary of Health 19 designee, present on behalf of Rachel Levine, M.D., 20 Physician General/Secretary of Health 21 Amber Sizemore, Esquire, Office of Attorney General 22 Donna L. Murray, R.D.H. 23 Jennifer Unis Sullivan, D.M.D., J.D. 24 25 26

BUREAU PERSONNEL: 27 28 Ariel O’Malley, Esquire, Board Counsel 29 Paul J. Jarabeck, Esquire, Board Prosecution Liaison 30 Lisa M. Burns, Board Administrator 31 32 33 ALSO PRESENT: 34 35 Carolyn Wahl, BSHD, PHDHP, Government Relations Chair, 36 Pennsylvania Dental Hygienists’ Association 37 Morgan Plant, Government Relations Consultant, 38 Pennsylvania Dental Hygienists’ Association 39 Jay Layman, Esquire, Pennsylvania Society of Oral 40

& Maxillofacial Surgeons 41 Christine Brehm-Stroman, BSDH, PHDHP, MPH, Dental 42 Program Manager, AmeriHealth Caritas Pennsylvania 43 Adam Ridge, Dental Director 44 45 46 47 48 49 50

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State Board of Dentistry 1 May 17, 2019 2

3 4 ALSO PRESENT: (Continued) 5 6 Joan Burke, CDA, EFDA, President-elect, Pennsylvania 7 Dental Assistants Association 8 Marisa Swarney, Director, Government Relations, 9 Pennsylvania Dental Association 10 Steve Neidlinger, CAE, Executive Director, 11 Pennsylvania Academy of General Dentistry 12

Thomas J. Weber, Esquire, Caldwell & Kearns, P.C. 13 Andrew C. Harvan, Esquire, Pennsylvania Medical 14 Society 15 Marc Farrell, Deputy Policy Director, Department of 16 State 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 17, 2019 3

*** 4

The regularly scheduled meeting of the State 5

Board of Dentistry was held on Friday, May 17, 2019. 6

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

meeting to order at 9:07 a.m. A quorum was noted to 8

be present. 9

*** 10

Introduction of Board and Audience 11

[Chairperson Erhard requested the introduction of 12

Board and audience members.] 13

*** 14

[Chairperson Erhard welcomed new Board member, 15

Dr. LaJuan Mountain. 16

Dr. Mountain provided a brief summary of her 17

professional background.] 18

*** 19

Approval of minutes of the March 15, 2019 meeting 20

CHAIRPERSON ERHARD: 21

The first item on the agenda is the 22

review and approval of the minutes from 23

our last meeting. 24

Are there any additions or 25

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corrections? 1

[The Board discussed corrections to the minutes.] 2

CHAIRPERSON ERHARD: 3

Anything else? Is there a motion to 4

accept the minutes as amended? 5

DR. LUGO: 6

So moved. 7

DR. SEID: 8

Second. 9

CHAIRPERSON ERHARD: 10

All in favor? Opposed, same sign. 11

[The motion carried. Ms. Hughes, Ms. Fowler, and 12

Dr. Mountain abstained from voting on the motion.] 13

*** 14

Report of Prosecutorial Division 15

[Paul J. Jarabeck, Esquire, Board Prosecution Liaison, 16

on behalf of Kimberly A. Adams, presented the Consent 17

Agreements for File No. 18-46-02174 and File No. 19-18

46-001867.] 19

*** 20

[Paul J. Jarabeck, Esquire, Board Prosecution Liaison, 21

on behalf of Julia A. Feld-Caralle, presented the 22

Consent Agreement for File No. 16-46-02575. 23

Thomas J. Weber, Esquire, was present and 24

participated in the discussion.] 25

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*** 1

[Paul J. Jarabeck, Esquire, Board Prosecution Liaison, 2

on behalf of Julia A. Feld-Caralle, also presented the 3

Consent Agreement for File No. 17-46-13017.] 4

*** 5

[Paul J. Jarabeck, Esquire, Board Prosecution Liaison, 6

presented the Consent Agreement for File No. 18-46-7

012562.] 8

*** 9

[Paul J. Jarabeck, Esquire, Board Prosecution Liaison, 10

on behalf of Christopher K. McNally, presented the 11

Consent Agreement for File No. 18-46-011210.] 12

*** 13

[Alice Hart Hughes, Esquire, Public Member, and Amber 14

Sizemore, Esquire, Office of Attorney General, exited 15

the meeting at 9:46 a.m. for recusal purposes.] 16

*** 17

[Paul J. Jarabeck, Esquire, Board Prosecution Liaison, 18

on behalf of Codi M. Tucker, Esquire, presented the 19

Consent Agreement for File Nos. 18-46-012124 & 18-46-20

010811.] 21

*** 22

[Alice Hart Hughes, Esquire, Public Member, and Amber 23

Sizemore, Esquire, Office of Attorney General, 24

reentered the meeting at 9:54 a.m.] 25

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*** 1

Report of Board Counsel 2

[Ariel O’Malley, Esquire, Board Counsel, noted items 3

for discussion that included the public health dental 4

hygiene practitioner (PHDHP) proposed regulation, two 5

proposed adjudications and orders, the May 2019 6

Legislative Report, and correspondence. 7

Ms. O’Malley addressed public health dental 8

hygiene practitioners, mentioning additional comments 9

to be placed on the July agenda. She stated the Board 10

cannot move forward with the regulation until comments 11

are received from the Independent Regulatory Review 12

Commission (IRRC). She requested the Board review the 13

comments received thus far and provide commentaries to 14

for the next phase. 15

Ms. O’Malley noted support of the regulation to 16

address the needs of underserved patients. She noted 17

a concern regarding the scope of practice from those 18

not supporting the regulation and those who do not 19

think it should be expanded into physicians’ offices. 20

Ms. O’Malley stated the Pennsylvania Academy of 21

General Dentistry suggested creating a uniform 22

referral form. She also noted concerns regarding 23

liability, suggestions to restrict physician sites to 24

the areas of shortages, and suggestions to create 25

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collaborative agreements filed with the Board related 1

to oversight of the individual. 2

Ms. O’Malley emphasized that the regulation would 3

allow for practice in any physicians’ office and would 4

include all practice groups. 5

Dr. Casey suggested a more detailed definition as 6

to where the need is necessary. 7

Dr. Seid mentioned certificate-of-need programs 8

in other states, where procedures and matters in the 9

context of shortages are considered. She noted 10

Pennsylvania has identified dental shortage areas and 11

needs to utilize that in the regulation. 12

Ms. O’Malley noted complaints where the design 13

designates areas of shortages and many complain that 14

that there is not really a shortage in those areas. 15

Dr. Seid discussed dental shortages in areas 16

where no health/dental providers exist within a 17

reasonable distance and insurance access issues. She 18

also mentioned the Health Care Facilities Act and 19

Workforce Report. 20

Dr. Lugo discussed areas where it would be 21

difficult to recruit people to serve in the public 22

sector and in certain geographic areas, which should 23

be the focus through either a certificate-of-needs 24

program or collaborative agreements that would define 25

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the practice of someone who is not a dentist. 1

Dr. Jaspan commented that a certificate-of-needs 2

program cannot be based totally on mileage, and since 3

there is a classification of public health dental 4

hygienists with those duties outlined, this is just an 5

extension of that, allowing them to practice in a 6

different setting. 7

Ms. Murray agreed with addressing shortage areas 8

but is also concern with care overall, noting that the 9

American Academy of Pediatrics (AAP) and Head Start 10

encourage a dental visit at age 1. She feels that 11

dental hygienists could be the dental navigator hired 12

by a practice to provide the oral health assessment, 13

screening, and have a conversation with that family. 14

She noted about 900 public health hygienists who pay 15

malpractice and license fees but are not practicing as 16

a public health provider. 17

Dr. Seid did not think physicians would be 18

excited about this from a physician’s point of view 19

and agreed with the Pennsylvania Medical Society with 20

the need to delineate this issue more. 21

Dr. Funari agreed that it needs to be targeted to 22

areas that need to be identified and reevaluated on a 23

yearly basis based on what is being done and new 24

demands. 25

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Dr. Funari addressed his involvement in 1

charitable work with Give Kids a Smile and MOM-n-PA. 2

He discussed conversations with friends in family 3

practice, PAs, and nurse practitioners regarding 4

dental professional coming to their medical offices. 5

Dr. Funari commented that physicians would have 6

to sublet space for this to work properly, because 7

physicians would not want to be responsible for 8

acquiring and maintaining equipment or liability 9

issues and would not want to take somebody into their 10

office who is not an independent practitioner. 11

Dr. Sullivan mentioned the importance of 12

referring these patients to the proper dentists who 13

accept low-income individuals and making it attractive 14

to dentists to want to accept reimbursement. 15

Dr. Lugo noted his work as the City of 16

Philadelphia Department of Public Health Director for 17

10 years and the inability to find a dental hygienist 18

to work in the city clinics. He noted the focus to be 19

in areas that are not reimbursable and the people who 20

go to MOM-n-PA, which is a reason to be very clear to 21

allow these sites access to care for the public health 22

dental hygienists to provide that service to meet a 23

need in Pennsylvania. 24

Ms. Murray referred to a 2018 mandate allowing 25

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dental hygienists in the state to undergo the 1

credentialing process, giving hygienists the ability 2

to bill for services. She stated dental hygienists 3

would be able to address individual needs.] 4

*** 5

[Jennifer Unis Sullivan, D.M.D., J.D., exited the 6

meeting at 10:41 a.m.] 7

*** 8

[Ms. Fowler commented that her whole career has been 9

about social justice and access of underserved 10

individuals. She stated the attitude and practice 11

model of physicians is irrelevant in terms of 12

decision-making for this. She noted the danger of 13

creating a two-tier system of service delivery and 14

stated public health dental practitioners or dental 15

hygienists who choose to work in a physician’s office 16

in an area that is not underserved should have the 17

opportunity to do that. 18

Ms. Hughes addressed a letter from Dr. James 19

Mancini, Clinical Director, Salvation Army Dental 20

Centers, requesting access to care for the indigent. 21

Ms. Hughes desired to see a revision of the regulation 22

to move it forward. 23

Chairperson Erhard stated the comments were 24

excellent, noting the need for further discussion 25

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regarding limitations as to locations and geographic 1

and socioeconomic factors moving forward. 2

Ms. O’Malley commented that the scope of practice 3

and standards of care does not change, because they 4

are expected to meet the same standards regardless of 5

where they are practicing. 6

Ms. O’Malley noted the next phase to be the final 7

draft once all of the comments are received, which 8

should be placed on the agenda at the next meeting for 9

review. She expected solid responses to questions 10

proposed by the public and answers for IRRC to be able 11

to move forward with the final after the July 12

meeting.] 13

*** 14

[Jennifer Unis Sullivan, D.M.D., J.D., reentered the 15

meeting at 10:43 a.m.] 16

*** 17

[Chairperson Erhard commented that IRRC is very 18

thorough in their review, and it is important to get 19

the report for the Board’s review before the committee 20

meeting.] 21

*** 22

Report of Board Chairperson 23

[John F. Erhard III, D.D.S., Chairperson, thanked 24

Dr. Casey and the Licensure Committee for their 25

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meeting this morning. 1

Chairperson Erhard noted information to be signed 2

and returned to Ms. Burns. 3

Chairperson Erhard encouraged attendance at the 4

2019 MOM-n-PA free dental clinic for underserved 5

Pennsylvanians June 7-8 in Wilkes-Barre, PA.] 6

*** 7

Report of Commissioner – No Report 8

[John F. Erhard III, D.D.S., Chairperson, noted a 9

follow-up conversation regarding active shooters and 10

security with the acting commissioner. 11

He noted the Pennsylvania Capitol Police program 12

promoting to run, hide, and fight. The Board watched 13

a video presentation concerning an active shooter 14

situation.] 15

*** 16

[The Board recessed from 10:56 a.m. until 11:14 a.m.] 17

*** 18

Report of Board Counsel (Continued) – Miscellaneous 19

[Ariel O’Malley, Esquire, Board Counsel, noted the May 20

2019 Legislative Report for the Board’s review. 21

Ms. O’Malley stated HB 1172 that requires the Board to 22

issue licensure via endorsement passed the House on 23

May 15 and is moving forward to the Senate for 24

consideration. 25

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Dr. Jaspan questioned HB 995 regarding the 1

regulatory reduction pilot program, and whether there 2

was a consideration of shortening the child abuse 3

situation on renewal and similarly with the opioid 4

courses. 5

Ms. O’Malley commented that HB 995 was introduced 6

April 5, 2019, and if it were to pass, it would 7

require review of absolutely every single regulation 8

and statute. 9

Ms. O’Malley addressed SB 356 regarding 10

portability of professional and occupational licenses 11

for military spouses, stating that people would be 12

given a license as long as they meet the requirements. 13

Ms. O’Malley addressed HB 872 regarding 14

telemedicine, noting that the bill was with the 15

insurance committee for their consideration. 16

Dr. Seid questioned whether SB 507 regarding 17

amending Title 35 (Health and Safety) of the 18

Pennsylvania consolidated statutes, in public safety, 19

providing for limits on opioid prescriptions is 20

moving. 21

Ms. O’Malley commented that SB 507 had not left 22

the Professional Licensure Committee since April 3, 23

2019. Dr. Funari mentioned that this allows 24

recentering of necessary medication for patients that 25

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have chronic pain. 1

Chairperson Erhard requested an update on 2

proposals and regulations that the Board has brought 3

forward over the years be placed on the next agenda.] 4

*** 5

Report of Committees - Expanded Function Dental 6

Assistant Committee 7

[Theresa A. Groody, EFDA, questioned counsel on the 8

status of the EFDA Clinical Exam.] 9

*** 10

Licensure Committee 11

[Shawn M. Casey, D.M.D., addressed the recent 12

Licensure Committee Meeting. Dr. Casey noted topics 13

for discussion were silver diamine fluoride, computer-14

aided design and computer-aided manufacturing 15

(CAD/CAM) dentistry, and the SmileDirectClub. 16

Dr. Casey noted the recommendation to invite 17

deans of the dental schools to a meeting to voice 18

their concerns regarding staffing and foreign dentists 19

coming to their schools to help with administration 20

and teaching. 21

Dr. Casey noted discussion regarding the process 22

of getting a license once you have a license above 23

approvals and getting through the insurance process in 24

the public and private sector.] 25

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*** 1

Newsletter Committee 2

[Barbara (Bonnie) L. Fowler, Public Member, noted that 3

the May-June issue of the newsletter had been 4

submitted and would be posted after it works its way 5

through the internal mechanisms of the bureau. 6

Ms. Fowler referred to an article written by 7

Alice Hart Hughes on the role of the Probable Cause 8

Screening Committee. She also noted two new Board 9

members, Amber Sizemore and Dr. Funari, submitted bios 10

that were included in the newsletter. 11

Ms. Fowler noted links to the prescription opioid 12

guidelines promulgated by the Department of Health 13

were included in the last newsletter with an article 14

that Dr. Seid had written as well.] 15

*** 16

Regulations/Legislative Review Committee 17

[R. Ivan Lugo, D.M.D., noted that the Dean of the 18

Drexel University Dornsife School of Public Health 19

would be talking to the Board about opioids. 20

Dr. Lugo requested a meeting before the Board 21

meeting within the next two meetings. 22

Dr. Seid offered a copy of the updated dental 23

guidelines and to ask the Prescription Drug Monitoring 24

Program (PDMP) to run specific facts on dentists. 25

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Dr. Funari offered to present a 5- to 10-minute 1

summary since he was the co-writer of prescribing 2

guidelines for dentists.] 3

*** 4

Scope of Practice Committee – No Report 5

*** 6

Probable Cause Screening Committee – No Report 7

*** 8

Correspondence 9

[John F. Erhard III, D.D.S., Chairperson, referred to 10

the letter from Dr. Charles J. Incalcaterra regarding 11

practice ownership. 12

Chairperson Erhard stated there are practices in 13

Pennsylvania that are owned by hygienists and 14

corporate entities that are not Pennsylvania dentists, 15

noting the question of who assumes responsibility for 16

accidents. He commented that this was an issue a 17

committee on the Board should discuss and develop a 18

proposal. 19

Dr. Funari questioned whether there should be 20

some type of legislative regulation to make sure there 21

is a practicing dentist who is licensed and competent 22

having a large input on patient care within 23

corporations. 24

Chairperson Erhard stated there was no provision 25

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and shareholders cannot be held accountable. He 1

mentioned a practice ownership committee that was 2

disbanded, where Dr. DeFinnis did an extensive amount 3

of work. 4

Ms. Hughes commented that the committee was 5

disbanded, and those issues were dropped because it 6

was too difficult to rewrite the statute with the 7

recommendations from Dr. DeFinnis. 8

Mr. Jarabeck explained that those practices have 9

legislation that requires them to do business here 10

with a listed individual in charge who is responsible 11

for that office and is held accountable, but 12

individual care falls back on the individual 13

practitioner. 14

Chairperson Erhard noted discussions with 15

corporations several years ago assuring the Board that 16

the practicing dentist would not be overly influenced 17

and would never be asked to do anything that they did 18

not think was appropriate. He also noted strenuous 19

financial pressures on recent graduates to acquiesce 20

to some of those things. 21

Dr. Jaspan addressed upselling and enabling 22

financing resulting in higher bills for patients, 23

where the dentist has to abide by that corporate 24

philosophy of business. 25

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Ms. Hughes noted this to be criminal fraud that 1

is being perpetrated on the health care consumer. 2

These matters should referred to the Office of the 3

Attorney General. 4

Dr. Seid noted similar issues with urgent care, 5

where you have an entity that is not controlled by the 6

physicians who are providing care and the corporate 7

entity is putting pressure on the individual 8

practitioner. 9

Dr. Seid stated it is an entity that really has 10

no place in regulation because there is no place to 11

regulate what a corporation does, only the individual 12

dentist. She feels that something needs to be done 13

with the entity that drives care and owns and hires 14

dentists. 15

Chairperson Erhard stated the Pennsylvania Dental 16

Association (PDA), the Pennsylvania Academy of General 17

Dentistry, and Pennsylvania Academy of Pediatric 18

Dentistry have the responsibility to inform their 19

members what they are taking on when they sign these 20

contracts. 21

Ms. Burns addressed correspondence from Dr. James 22

L. Robbins, D.M.D., of the Pennsylvania Society of 23

Oral & Maxillofacial Surgeons (PSOMS), referencing 24

current regulations requiring completion of two years 25

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in a postgraduate program for advanced training in 1

anesthesiology and changing it to a three-year 2

program. 3

Dr. Funari explained that the dental 4

anesthesiologist program recently went through a 5

revision and has become a three-year program, 6

questioning whether the Board would need to redo 7

regulations. He noted the need to review the 8

curriculum to see if those first two years meet a 9

minimum standard for an unrestricted license. 10

Dr. Funari expressed a concern regarding the 11

length of time for oral surgery training programs if 12

this is changed. He noted the need for more specifics 13

as to what the minimum qualification is for an 14

unrestrictive license, consisting of program content 15

and number of cases performed. 16

Dr. Funari will ask Dr. Robbins for the 17

curriculum to compare the level of training at the 18

second-year level against the ADA guidelines. 19

Chairperson Erhard referred to the letter from 20

Dr. Amid Ismail at Temple University, noting that 21

counsel is looking for guidance from the Board to 22

respond. 23

Ms. O’Malley addressed Dr. Amid Ismail’s letter 24

regarding a restricted faculty license, noting the 25

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current procedure of sending individuals to get their 1

education evaluated through the credentialing service. 2

She stated Dr. Ismail was proposing to accept 3

individuals going to a specialty dentistry program and 4

that is sufficient to establish that the underlying 5

education meets the Board’s standards. 6

Ms. O’Malley referred to the Practice Act at 7

Section 11.11(a)(3) and (6), noting two different 8

educational requirements. She stated it is not 9

possible to take the school’s word, and the current 10

case law says you cannot delegate that kind of 11

authority. She questioned whether the Board is open 12

to dealing with any kind of procedures for evaluating 13

underlying education because it is not specifically 14

spelled out. She noted that it is spelled out in the 15

regulations for dentists but not for the restricted 16

faculty license.] 17

*** 18

For the Board’s Information/Discussion 19

[John F. Erhard III, D.D.S., Chairperson, noted 2020 20

Board meeting dates and recusal guidelines. 21

Chairperson Erhard, requested attendance for the 22

American Association of Dental Boards (AADB) Annual 23

Meeting October 19-20 in Las Vegas, NV. 24

Dr. Sullivan, Dr. Lugo, and Dr. Casey volunteered 25

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to attend the meeting.] 1

*** 2

CHAIRPERSON ERHARD: 3

Would someone like to make a motion that 4

we submit those three names. 5

MS. HUGHES: 6

So moved. 7

DR. SEID: 8

Second. 9

CHAIRPERSON ERHARD: 10

Any discussion? On the question, all in 11

favor? Opposed, same sign. 12

[The motion carried unanimously.] 13

*** 14

[Pursuant to Section 708(a)(5) of the Sunshine Act, at 15

12:15 p.m. the Board entered into Executive Session 16

with Ariel O’Malley, Esquire, Board Counsel, for the 17

purpose of conducting quasi-judicial deliberations. 18

The Board returned to open session at 1:07 p.m.] 19

*** 20

MOTIONS 21

DR. SULLIVAN: 22

I move to reject the Consent Agreement 23

for File No. 18-46-02174 as too lenient. 24

MS. HUGHES: 25

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Second. 1

CHAIRPERSON ERHARD: 2

On the question? 3

4

Sullivan, aye; Funari, recuse; Groody, 5

aye; Casey, aye; Seid, aye; Fowler, aye; 6

Sizemore, aye; Murray, aye; Jaspan, aye; 7

Lugo, aye; Hughes, aye; Mountain, aye; 8

and Erhard, aye. 9

[The motion carried. Dr. Funari recused himself from 10

deliberations and voting on the motion.] 11

*** 12

DR. FUNARI: 13

I move to accept the Consent Agreement 14

for File No. 19-46-001867. 15

DR. SULLIVAN: 16

I second. 17

CHAIRPERSON ERHARD: 18

On the question? 19

20

Sullivan, aye; Funari, aye; Groody, aye; 21

Casey, aye; Seid, aye; Fowler, aye; 22

Sizemore, aye; Murray, aye; Jaspan, aye; 23

Lugo, aye; Hughes, aye; Mountain, aye; 24

and Erhard, aye. 25

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[The motion carried unanimously. The Respondent’s 1

name is Michael Kun, D.M.D.] 2

*** 3

MS. GROODY: 4

I move to reject the Consent Agreement 5

for File No. 16-46-02575 as too lenient. 6

MS. HUGHES: 7

Second. 8

CHAIRPERSON ERHARD: 9

On the question? 10

11

Sullivan, aye; Funari, aye; Groody, aye; 12

Casey, aye; Seid, aye; Fowler, aye; 13

Sizemore, aye; Murray, aye; Jaspan, aye; 14

Lugo, aye; Hughes, aye; Mountain, aye; 15

and Erhard, aye. 16

[The motion carried unanimously.] 17

*** 18

DR. CASEY: 19

I move to accept the Consent Agreement 20

for File No. 17-46-13017. 21

DR. SULLIVAN: 22

Second. 23

CHAIRPERSON ERHARD: 24

On the question? 25

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1

Sullivan, aye; Funari, aye; Groody, aye; 2

Casey, aye; Seid, aye; Fowler, aye; 3

Sizemore, aye; Murray, aye; Jaspan, aye; 4

Lugo, aye; Hughes, aye; Mountain, aye; 5

and Erhard, aye. 6

[The motion carried unanimously. The Respondent’s 7

name is Nancy Marie Sauers, D.M.D.] 8

*** 9

DR. SEID: 10

I move to accept the Consent Agreement 11

for File No. 18-46-012562. 12

MS. GROODY: 13

Second. 14

CHAIRPERSON ERHARD: 15

On the question? 16

17

Sullivan, aye; Funari, aye; Groody, aye; 18

Casey, aye; Seid, aye; Fowler, aye; 19

Sizemore, aye; Murray, aye; Jaspan, aye; 20

Lugo, aye; Hughes, aye; Mountain, aye; 21

and Erhard, aye. 22

[The motion carried unanimously.] 23

*** 24

MS. FOWLER: 25

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I move to accept the Consent Agreement 1

for File No. 18-46-011210. 2

DR. SULLIVAN: 3

Second. 4

CHAIRPERSON ERHARD: 5

On the question? 6

7

Sullivan, aye; Funari, aye; Groody, aye; 8

Casey, aye; Seid, aye; Fowler, aye; 9

Sizemore, aye; Murray, aye; Jaspan, aye; 10

Lugo, aye; Hughes, aye; Mountain, aye; 11

and Erhard, aye. 12

[The motion carried unanimously. The Respondent’s 13

name is Burton F. Tucker, D.D.S.] 14

*** 15

MS. MURRAY: 16

I move to accept the Consent Agreement 17

for File No. 18-46-012124 & 18-46-18

010811. 19

MS. GROODY: 20

Second. 21

CHAIRPERSON ERHARD: 22

On the question? 23

24

Sullivan, aye; Funari, aye; Groody, aye; 25

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Casey, aye; Seid, aye; Fowler, aye; 1

Sizemore, recuse; Murray, aye; Jaspan, 2

aye; Lugo, aye; Hughes, recuse; 3

Mountain, aye; and Erhard, aye. 4

[The motion carried. Ms. Sizemore and Ms. Hughes 5

recused themselves from voting deliberations and 6

voting on the motion. The Respondent’s name is 7

Gregory John Keiser, D.M.D.] 8

*** 9

DR. JASPAN: 10

I move to Board adopt the hearing 11

examiner’s proposed Adjudication and 12

Order in the case of Jamshid K. 13

Assadinia, D.D.S., File No. 18-46-005332 14

and the Board direct counsel to prepare 15

a final order. 16

MS. GROODY: 17

Second. 18

CHAIRPERSON ERHARD: 19

On the question? 20

21

Sullivan, aye; Funari, aye; Groody, aye; 22

Casey, aye; Seid, aye; Fowler, aye; 23

Sizemore, aye; Murray, aye; Jaspan, aye; 24

Lugo, aye; Hughes, aye; Mountain, aye; 25

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and Erhard, aye. 1

[The motion carried unanimously.] 2

*** 3

DR. LUGO: 4

I move to Board adopt the hearing 5

examiner’s proposed Adjudication and 6

Order in the case of Julie Anne Kappers, 7

File No. 18-46-008844 and direct Board 8

counsel to prepare the Board’s final 9

order. 10

DR. SEID: 11

Second. 12

CHAIRPERSON ERHARD: 13

On the question? 14

15

Sullivan, aye; Funari, aye; Groody, aye; 16

Casey, aye; Seid, aye; Fowler, aye; 17

Sizemore, aye; Murray, aye; Jaspan, aye; 18

Lugo, aye; Hughes, aye; Mountain, aye; 19

and Erhard, aye. 20

[The motion carried unanimously.] 21

*** 22

MS. HUGHES: 23

I move to provisionally deny the 24

application of Bailey Graham for a 25

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dentist. 1

DR. SULLIVAN: 2

Second. 3

CHAIRPERSON ERHARD: 4

On the question? 5

6

Sullivan, aye; Funari, aye; Groody, aye; 7

Casey, aye; Seid, aye; Fowler, aye; 8

Sizemore, aye; Murray, aye; Jaspan, aye; 9

Lugo, aye; Hughes, aye; Mountain, aye; 10

and Erhard, aye. 11

[The motion carried unanimously.] 12

*** 13

DR. MOUNTAIN: 14

I move to provisionally deny Deron T. 15

Kovac for an Anesthesia Restricted 16

Permit II. 17

MS. GROODY: 18

Second. 19

CHAIRPERSON ERHARD: 20

On the question? 21

22

Sullivan, aye; Funari, aye; Groody, aye; 23

Casey, aye; Seid, aye; Fowler, aye; 24

Sizemore, aye; Murray, aye; Jaspan, aye; 25

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Lugo, aye; Hughes, recuse; Mountain, 1

aye; and Erhard, recuse. 2

[The motion carried. Ms. Hughes and Dr. Erhard 3

recused themselves from deliberations and voting on 4

the motion.] 5

*** 6

DR. SULLIVAN: 7

I make a motion to provisionally deny 8

the application of Theresa Sokoloski. 9

DR. SEID: 10

Second. 11

CHAIRPERSON ERHARD: 12

On the question? 13

14

Sullivan, aye; Funari, aye; Groody, aye; 15

Casey, aye; Seid, aye; Fowler, aye; 16

Sizemore, aye; Murray, aye; Jaspan, aye; 17

Lugo, aye; Hughes, aye; Mountain, aye; 18

and Erhard, aye. 19

[The motion carried unanimously.] 20

*** 21

Adjournment 22

CHAIRPERSON ERHARD: 23

The meeting is adjourned. 24

*** 25

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[There being no further business, the State Board of 1

Dentistry Meeting adjourned at 1:16 p.m.] 2

*** 3

4

5

CERTIFICATE 6

7

I hereby certify that the foregoing summary 8

minutes of the State Board of Dentistry meeting, was 9

reduced to writing by me or under my supervision, and 10

that the minutes accurately summarize the substance of 11

the State Board of Dentistry meeting. 12

13

14

15

Seth R. Baier, 16

Minute Clerk 17

Sargent’s Court Reporting 18

Service, Inc. 19

20

21

22

23

24

25

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STATE BOARD OF DENTISTRY 1 REFERENCE INDEX 2

3 May 17, 2019 4

5 TIME AGENDA 6 7 9:07 Official Call to Order 8 9 9:07 Introduction of Board and Audience 10 11 9:09 Approval of Minutes 12

13 9:12 Report of Prosecutorial Division 14 15 9:53 Report of Board Counsel 16 17 10:46 Report of Board Chairperson 18 19 10:56 Recess 20 11:14 Return to Open Session 21 22 11:14 Miscellaneous 23 24 11:27 Report of Committees 25 26

11:33 Correspondence 27 28 12:15 Executive Session 29 1:07 Return to Open Session 30 31 1:07 Motions 32 33 1:16 Adjournment 34 35 36 37 38 39 40

41 42 43 44 45 46 47 48 49 50