New jersey state board of dentistry - New Jersey Division of ...
New jersey state board of dentistry - New Jersey Division of ...
New jersey state board of dentistry - New Jersey Division of ...
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NEW JERSEY STATE BOARD OF DENTISTRY<br />
PUBLIC SESSION MINUTES<br />
BOARD OFFICE<br />
NEWARK, NEW JERSEY MARCH 7, 2012<br />
NOTE: The Public Session Agenda commenced at 9:30 A.M.<br />
ATTENDANCE: The following members were in attendance:<br />
Mr. Steven Brisgel; Shirley Birenz, RDH; Mr. Steven Brisgel; Emil<br />
Cappetta, DMD; Lydia David, DMD; Sheila Dashkow, DDS; Peter<br />
DeSciscio, DMD; Herbert Dolinsky, DDS; Beverly Kupiec, RN, Ph.D.;<br />
Arnold Rosenheck, DMD<br />
OTHER ATTENDEES: Deputy Attorney General Miller and Oo; Jonathan Eisenmenger,<br />
Executive Director; Cecilia Moreira, Senior Management Assistant<br />
ABSENT AND/OR EXCUSED: Maxine Feinberg, DDS; Alexander Hall, DMD<br />
I. APPROVAL OF MINUTES: February 15, 2012 - The Board in a motion by<br />
Dr. Rosenheck, seconded by Dr. Cappetta, approved the<br />
minutes as amended.<br />
II. EXECUTIVE DIRECTOR’S REPORT:<br />
1. Jonathan Eisenmenger reported that he was going to <strong>New</strong> York University to speak to<br />
the dental students concerning licensure process in <strong>New</strong> <strong>Jersey</strong>.<br />
III. COMMITTEE REPORTS:<br />
1. Credentials:<br />
- Liliana Scire - Application for rein<strong>state</strong>ment <strong>of</strong> her dental hygiene license.<br />
The Board determined that she must take the refresher course before she can<br />
re-activate her license.<br />
- Dr. Christine Farah - Inquiry concerning dental licensure in <strong>New</strong> <strong>Jersey</strong>.<br />
The Board confirmed that the Florida exam that she will complete will be the ADEX<br />
exam, which is acceptable to the Board.<br />
- Beth Corney, RDH - Inquiry concerning rein<strong>state</strong>ment <strong>of</strong> her dental hygiene license.<br />
DAG Oo notified Ms. Corney by letter dated January 5, 2012 that if no further<br />
information is received, the Board would close her rein<strong>state</strong>ment file. Ms. Corney<br />
responded by letter dated January 22, 2012, stating that she is unable to move to <strong>New</strong><br />
<strong>Jersey</strong>, and requests that the Board keep her file open until further notice.<br />
The Board is willing to hold Ms. Corney’s application open, but she will have to<br />
fulfill any administrative requirements that must be met before she reactivates her<br />
license including a refresher course if applicable.
PUBLIC SESSION MINUTES - 2 - MARCH 7, 2012<br />
2. Continuing Education:<br />
Ms. Birenz reviewed 23 courses. She recommends approval <strong>of</strong> 21, and asked that two<br />
courses be reviewed in executive session for advice <strong>of</strong> counsel. Upon return to public<br />
session, the Board determined to obtain additional information on the two courses.<br />
Dr. Cappetta reported on remedial education requests. He recommends approval <strong>of</strong> 10<br />
courses and denied seven.<br />
The Board in a motion by Dr. DeSciscio, seconded by Dr. Cappetta, approved the committee<br />
recommendations.<br />
IV. PROPOSED LEGISLATION:<br />
1. A-4384 - Revises law concerning the requirements to obtain and maintain certain<br />
pr<strong>of</strong>essional and occupational licenses. Tabled from the February 1, 2012 agenda.<br />
The Board will draft a response for the <strong>Division</strong>, in consultation with the counseling<br />
deputy attorney general.<br />
V. REPORTS SUBMITTED PURSUANT TO N.J.A.C. 13:30-8.8:<br />
1. Dr. James Kang - This was received as informational.<br />
2. Dr. Kevin J. Corry -This was received as informational.<br />
3. Dr. Richard J. Mercurio - Move to Executive session for discussion.<br />
4. Dr. Ignatius Scalia - The Board requested that additional information be obtained.<br />
VI. ADMINISTRATIVE COMPLAINT AND ANSWER:<br />
1. Daniel C. Campian (Unlicensed) - DAG Meaghan Goulding filed a complaint and<br />
Notice <strong>of</strong> Hearing on December 15, 2011. The Board received an Answer to Complaint<br />
from Mr. Campian on January 17, 2012. The Board in a motion by Dr. Kupiec,<br />
seconded by Mr. Brisgel, deemed this a contested case. A hearing will be scheduled<br />
before the Board in June or July.
PUBLIC SESSION MINUTES - 3 - MARCH 7, 2012<br />
VII. ORDERS FILED WITH THE BOARD:<br />
1. Dr. Barry L. Litt - Consent Order <strong>of</strong> Rein<strong>state</strong>ment filed on February 22, 2012. This<br />
matter was received as informational.<br />
2. Dr. Lawrence Gardner - Consent Order Reinstating License with Restrictions filed on<br />
February 22, 2012. This matter was received as informational.<br />
VIII. MISCELLANEOUS INQUIRIES:<br />
1. Dr. Albert Turpie - Additional information in follow-up to his request for a waiver <strong>of</strong><br />
the continuing education credits. On November 2, 2011, the Board reviewed a request<br />
for a waiver <strong>of</strong> 16 credits <strong>of</strong> continuing education. The Board granted Dr. Turpie an<br />
extension through February 29, 2012. Dr. Turpie is requesting an additional extension to<br />
May 31, 2012. Based on the additional information provided, the Board in a motion by<br />
Dr. Rosenheck, seconded by Dr. Cappetta, approved an extension through June 30,<br />
2012.<br />
2. Amy Matthes, RDH - Request for extension to complete the continuing education<br />
credits. Ms. Matthes provided pro<strong>of</strong> that she completed 10 credits via online<br />
coursework, and that she has already registered for a 6 credit seminar. The Board<br />
approved an extension until June 30, 2012.<br />
3. Deep Mukesh Desai, BDS, CDA - Inquiry about licensure/permit requirement for<br />
Dental Consultancy. Specifically, Ms. Desai reports that she completed her BDS in India<br />
and is enroled in an advanced DDS Course for international dentists at the University <strong>of</strong><br />
Buffalo. Ms. Desai inquired whether she may <strong>of</strong>fer consultation services to international<br />
dentists for pre-admission examinations without a dental license. The Board directed<br />
that she be advised that in <strong>New</strong> <strong>Jersey</strong> she would need to have a license or a limited<br />
teaching certificate affiliated with a dental school to teach <strong>dentistry</strong>.<br />
4. Dr. Harry Harcsztark - Request for credit for presenting the Botox course in 2008 and<br />
2009. The Board indicated that as previously decided, any course taken prior to<br />
adoption <strong>of</strong> the regulations will not be approved to satisfy the requirements set forth<br />
in the regulation.
PUBLIC SESSION MINUTES - 4 - MARCH 7, 2012<br />
5. Requests for removal <strong>of</strong> the disciplinary action from their files:<br />
- Dr. Gregory Belok - Uniform Penalty Letter filed in 1996 for advertising violation.<br />
- Dr. Mendel I. Markowitz - Consent Order filed in 1999 for administering GA and/or<br />
PCS after the expiration <strong>of</strong> his permit<br />
- Dr. Albert J. Kurpis - Uniform Penalty Letter filed in 1996 and 1998 for advertising<br />
violation.<br />
The Board noted that it cannot expunge disciplinary actions as there is no statutory<br />
provision allowing it to do so The issue will be referred to Director <strong>of</strong> the <strong>Division</strong> <strong>of</strong><br />
Consumer Affairs.<br />
Arthur Meisel, Esq., from the <strong>New</strong> <strong>Jersey</strong> Dental Association reported that NJDA is in<br />
the process <strong>of</strong> drafting a bill that will address this issue. He has had previous<br />
communication with the Director <strong>of</strong> Consumer Affairs concerning this matter and will<br />
work with him to assure that the bill is applicable to all affected <strong>board</strong>s.<br />
6. Inquiry from Dr. Kellyann A. Metz questioning whether she can <strong>of</strong>fer TMJ massage<br />
to her patients in her <strong>of</strong>fice. The Board tabled this matter and requested that<br />
information about the scope <strong>of</strong> practice <strong>of</strong> Board <strong>of</strong> Massage, Body Work and Somatic<br />
Therapy be obtained.<br />
7. Information concerning 2012 National Dental Examiners’ Advisory Forum.<br />
Dr. Peter DeSciscio will be attending this forum.<br />
IX. NOT ON THE AGENDA:<br />
1. Deputy Attorney General Miller reported on the Appellate <strong>Division</strong> decision concerning<br />
<strong>New</strong> <strong>Jersey</strong> Dental Association vs. Beach Bum Tanning. The Appellate <strong>Division</strong><br />
transferred this matter to the Board for an administrative determination <strong>of</strong> whether<br />
or not Beach Bum Tanning engaged in the unauthorized practice <strong>of</strong> <strong>dentistry</strong>. If the<br />
Board determines that Beach Bum has engaged in the unauthorized practice <strong>of</strong> <strong>dentistry</strong>,<br />
NJDA may then seek an injunction through the courts by filing a common-law claim for<br />
unfair competition. The Board moved this matter to Executive Session for advice <strong>of</strong><br />
counsel.<br />
X. PUBLIC COMMENT:<br />
1. Arthur Meisel, NJDA - Mr. Meisel questioned whether a dental hygienist can use Zoom<br />
bleaching. The Board indicated that it is within the duties delegable to a dental<br />
hygienist by a dentist.<br />
XI. ADJOURNMENT: The Board adjourned the Public Session and moved to Executive<br />
Session for advice <strong>of</strong> counsel and review <strong>of</strong> open matters (investigations and<br />
deliberations). When and if action is taken, it will be reported in Public Session.