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

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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.

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