New jersey state board of dentistry - New Jersey Division of ...

NEW JERSEY STATE BOARD OF DENTISTRY
PUBLIC SESSION MINUTES
BOARD OFFICE
NEWARK, NEW JERSEY MARCH 7, 2012
NOTE: The Public Session Agenda commenced at 9:30 A.M.
ATTENDANCE: The following members were in attendance:
Mr. Steven Brisgel; Shirley Birenz, RDH; Mr. Steven Brisgel; Emil
Cappetta, DMD; Lydia David, DMD; Sheila Dashkow, DDS; Peter
DeSciscio, DMD; Herbert Dolinsky, DDS; Beverly Kupiec, RN, Ph.D.;
Arnold Rosenheck, DMD
OTHER ATTENDEES: Deputy Attorney General Miller and Oo; Jonathan Eisenmenger,
Executive Director; Cecilia Moreira, Senior Management Assistant
ABSENT AND/OR EXCUSED: Maxine Feinberg, DDS; Alexander Hall, DMD
I. APPROVAL OF MINUTES: February 15, 2012 - The Board in a motion by
Dr. Rosenheck, seconded by Dr. Cappetta, approved the
minutes as amended.
II. EXECUTIVE DIRECTOR’S REPORT:
1. Jonathan Eisenmenger reported that he was going to New York University to speak to
the dental students concerning licensure process in New Jersey.
III. COMMITTEE REPORTS:
1. Credentials:
- Liliana Scire - Application for reinstatement of her dental hygiene license.
The Board determined that she must take the refresher course before she can
re-activate her license.
- Dr. Christine Farah - Inquiry concerning dental licensure in New Jersey.
The Board confirmed that the Florida exam that she will complete will be the ADEX
exam, which is acceptable to the Board.
- Beth Corney, RDH - Inquiry concerning reinstatement of her dental hygiene license.
DAG Oo notified Ms. Corney by letter dated January 5, 2012 that if no further
information is received, the Board would close her reinstatement file. Ms. Corney
responded by letter dated January 22, 2012, stating that she is unable to move to New
Jersey, and requests that the Board keep her file open until further notice.
The Board is willing to hold Ms. Corney’s application open, but she will have to
fulfill any administrative requirements that must be met before she reactivates her
license including a refresher course if applicable.

PUBLIC SESSION MINUTES - 2 - MARCH 7, 2012
2. Continuing Education:
Ms. Birenz reviewed 23 courses. She recommends approval of 21, and asked that two
courses be reviewed in executive session for advice of counsel. Upon return to public
session, the Board determined to obtain additional information on the two courses.
Dr. Cappetta reported on remedial education requests. He recommends approval of 10
courses and denied seven.
The Board in a motion by Dr. DeSciscio, seconded by Dr. Cappetta, approved the committee
recommendations.
IV. PROPOSED LEGISLATION:
1. A-4384 - Revises law concerning the requirements to obtain and maintain certain
professional and occupational licenses. Tabled from the February 1, 2012 agenda.
The Board will draft a response for the Division, in consultation with the counseling
deputy attorney general.
V. REPORTS SUBMITTED PURSUANT TO N.J.A.C. 13:30-8.8:
1. Dr. James Kang - This was received as informational.
2. Dr. Kevin J. Corry -This was received as informational.
3. Dr. Richard J. Mercurio - Move to Executive session for discussion.
4. Dr. Ignatius Scalia - The Board requested that additional information be obtained.
VI. ADMINISTRATIVE COMPLAINT AND ANSWER:
1. Daniel C. Campian (Unlicensed) - DAG Meaghan Goulding filed a complaint and
Notice of Hearing on December 15, 2011. The Board received an Answer to Complaint
from Mr. Campian on January 17, 2012. The Board in a motion by Dr. Kupiec,
seconded by Mr. Brisgel, deemed this a contested case. A hearing will be scheduled
before the Board in June or July.

PUBLIC SESSION MINUTES - 3 - MARCH 7, 2012
VII. ORDERS FILED WITH THE BOARD:
1. Dr. Barry L. Litt - Consent Order of Reinstatement filed on February 22, 2012. This
matter was received as informational.
2. Dr. Lawrence Gardner - Consent Order Reinstating License with Restrictions filed on
February 22, 2012. This matter was received as informational.
VIII. MISCELLANEOUS INQUIRIES:
1. Dr. Albert Turpie - Additional information in follow-up to his request for a waiver of
the continuing education credits. On November 2, 2011, the Board reviewed a request
for a waiver of 16 credits of continuing education. The Board granted Dr. Turpie an
extension through February 29, 2012. Dr. Turpie is requesting an additional extension to
May 31, 2012. Based on the additional information provided, the Board in a motion by
Dr. Rosenheck, seconded by Dr. Cappetta, approved an extension through June 30,
2012.
2. Amy Matthes, RDH - Request for extension to complete the continuing education
credits. Ms. Matthes provided proof that she completed 10 credits via online
coursework, and that she has already registered for a 6 credit seminar. The Board
approved an extension until June 30, 2012.
3. Deep Mukesh Desai, BDS, CDA - Inquiry about licensure/permit requirement for
Dental Consultancy. Specifically, Ms. Desai reports that she completed her BDS in India
and is enroled in an advanced DDS Course for international dentists at the University of
Buffalo. Ms. Desai inquired whether she may offer consultation services to international
dentists for pre-admission examinations without a dental license. The Board directed
that she be advised that in New Jersey she would need to have a license or a limited
teaching certificate affiliated with a dental school to teach dentistry.
4. Dr. Harry Harcsztark - Request for credit for presenting the Botox course in 2008 and
2009. The Board indicated that as previously decided, any course taken prior to
adoption of the regulations will not be approved to satisfy the requirements set forth
in the regulation.

PUBLIC SESSION MINUTES - 4 - MARCH 7, 2012
5. Requests for removal of the disciplinary action from their files:
- Dr. Gregory Belok - Uniform Penalty Letter filed in 1996 for advertising violation.
- Dr. Mendel I. Markowitz - Consent Order filed in 1999 for administering GA and/or
PCS after the expiration of his permit
- Dr. Albert J. Kurpis - Uniform Penalty Letter filed in 1996 and 1998 for advertising
violation.
The Board noted that it cannot expunge disciplinary actions as there is no statutory
provision allowing it to do so The issue will be referred to Director of the Division of
Consumer Affairs.
Arthur Meisel, Esq., from the New Jersey Dental Association reported that NJDA is in
the process of drafting a bill that will address this issue. He has had previous
communication with the Director of Consumer Affairs concerning this matter and will
work with him to assure that the bill is applicable to all affected boards.
6. Inquiry from Dr. Kellyann A. Metz questioning whether she can offer TMJ massage
to her patients in her office. The Board tabled this matter and requested that
information about the scope of practice of Board of Massage, Body Work and Somatic
Therapy be obtained.
7. Information concerning 2012 National Dental Examiners’ Advisory Forum.
Dr. Peter DeSciscio will be attending this forum.
IX. NOT ON THE AGENDA:
1. Deputy Attorney General Miller reported on the Appellate Division decision concerning
New Jersey Dental Association vs. Beach Bum Tanning. The Appellate Division
transferred this matter to the Board for an administrative determination of whether
or not Beach Bum Tanning engaged in the unauthorized practice of dentistry. If the
Board determines that Beach Bum has engaged in the unauthorized practice of dentistry,
NJDA may then seek an injunction through the courts by filing a common-law claim for
unfair competition. The Board moved this matter to Executive Session for advice of
counsel.
X. PUBLIC COMMENT:
1. Arthur Meisel, NJDA - Mr. Meisel questioned whether a dental hygienist can use Zoom
bleaching. The Board indicated that it is within the duties delegable to a dental
hygienist by a dentist.
XI. ADJOURNMENT: The Board adjourned the Public Session and moved to Executive
Session for advice of counsel and review of open matters (investigations and
deliberations). When and if action is taken, it will be reported in Public Session.