11.07.2015 Views

Fall 2011 - North Dakota Board of Dental Examiners

Fall 2011 - North Dakota Board of Dental Examiners

Fall 2011 - North Dakota Board of Dental Examiners

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

sedation and anesthesia PerMit holdersState boards have the responsibility to establish rulesand regulations not only for pr<strong>of</strong>essional licensure, butalso for adjunct services that the pr<strong>of</strong>ession <strong>of</strong>fers, such asanesthesia and sedation. Wide variation between state dentalboard requirements and private sector sedation educationprotocols can lead to practitioner confusion and frustration.The different standards that each body establishes mayrepresent different priorities and create difficulty for thepractitioner to understand what is expected <strong>of</strong> him/her topractice sedation and anesthesia.The NDSBDE administrative protocol for review <strong>of</strong>anesthesia and sedation permits is structured in accordancewith the ADA’s Guidelines for Teaching Pain Control andSedation to dentists and dental students. Additionally, the<strong>Board</strong> has adopted rules which support continuing educationrequirements specific to qualified dentists permitted toadminister sedation or anesthesia.Once a completed application for the anesthesia/sedation permit is received it, along with the continuingeducation and clinical training <strong>of</strong> the practitioner, is reviewedby the <strong>Board</strong>’s Anesthesia Application Committee. Thepractitioner must be current with ACLS. The practitionermust also be current with PALS if providing anesthesia topatients 12 and under. The Committee may grant temporaryand provisional privileges to the permit applicant if allrequirements <strong>of</strong> the application have been met.The applicant is then required to schedule and completean <strong>of</strong>fice inspection with the Anesthesia Committee withinninety days <strong>of</strong> application. Practitioners who fail to scheduleand complete the <strong>of</strong>fice evaluation within the ninetyday period may not provide anesthesia or sedation. Ananesthesia or sedation provider who establishes a satellite<strong>of</strong>fice or new location must also request a site evaluation foreach site. Office inspections conducted as part <strong>of</strong> the AAOMScertification process may be considered in lieu <strong>of</strong> the <strong>of</strong>ficeevaluation required by the <strong>Board</strong>.Once the permit applicant has been granted temporaryand provisional sedation or anesthesia privileges,NDSBDE’s Anesthesia Committee conducts the scheduledsite evaluation within the required 90 day period. Carefulconsideration and review is given to patient selection andrecord keeping. Preoperative evaluation may be reviewedwith the practitioner consisting <strong>of</strong> a thorough review <strong>of</strong>medical records and current medications. The AnesthesiaCommittee may observe the dentist administeringanesthesia, equipment, and appropriately trained medicaland dental personnel conducting physiologic and visualmonitoring <strong>of</strong> the patient. Appropriate and readily availableemergency drugs are accounted for; emergency protocolsand adverse reaction protocols may be discussed with thepractitioner. A site evaluation also focuses on records anddocumentation including drugs used, dosages, vital signsmonitored and recovery from the anesthetic.Full sedation and/or anesthesia privileges are grantedonly after a successful site evaluation is completed. The siteevaluation must be completed every five years and is theresponsibility <strong>of</strong> the practitioner to schedule.Once a permit has been granted, the renewal processrequires a renewal application for anesthesia/sedation inconjunction with a renewal fee. All initial requirementssuch as PALS or ACLS must be current at the time <strong>of</strong> therenewal. Late fees are applicable after December 31st <strong>of</strong> therenewal year. The permit is renewed at the same time thedental license is renewed as required by statute. In review <strong>of</strong>the renewal application, required continuing education foranesthesia permit holders is also assessed by the AnesthesiaCommittee as well as a review <strong>of</strong> all auxiliary requirementssuch as BLS.Qualified dentists have a responsibility to minimizerisk to patients who consent to sedation or elevated levels<strong>of</strong> anesthesia. Understanding these steps in obtainingsedation/anesthesia permits in <strong>North</strong> <strong>Dakota</strong> can make theprocess more efficient and less stressful for the applicant.Troy Petersen, DMD, MDPr<strong>of</strong>essional CorPoration annual rePortsIs your dental practice organized as;A pr<strong>of</strong>essional corporation?A pr<strong>of</strong>essional limited liability company?A pr<strong>of</strong>essional limited liability partnership?A foreign corporation authorized to transact business in this state?You may have noticed the question related to corporate annual reports on the latest dental renewal application. The questionserves as a reminder that a copy <strong>of</strong> the report must be submitted to the <strong>Board</strong>; a requirement <strong>of</strong> ND law. As mandated by NDCC § 10-31-13, when filing the organization’s annual report a copy must be filed with the regulatory board that licenses the shareholders describedin the report. No filing fee may be charged by the regulatory board. The information deemed relevant to the NDSBDE is for purposes<strong>of</strong> determining ownership <strong>of</strong> the dental practice as outlined by NDCC § 43-28-25 Subsection 9.If you have questions regarding Chapter 10-13 you may want to contact an attorney, or the <strong>North</strong> <strong>Dakota</strong> Secretary <strong>of</strong> State.Information can also be found at http://www.nd.gov/sos/businessserv/registrations/types/corporations/pr<strong>of</strong>essional/annualreports.htmlPage 3


eduCation on Continuing eduCation!What is the reporting period for continuing education and howmany hours <strong>of</strong> continuing education do I need?The reporting period extends over two (2) years runningfrom January 1 through December <strong>of</strong> the each odd numberedyear for dentists and dental hygienists. The reporting period forregistered dental assistants is also every two (2) years runningfrom January 1 through December 31 <strong>of</strong> the each even numberedyear. Dentists must obtain a minimum <strong>of</strong> thirty two (32) hours<strong>of</strong> continuing education, and dental hygienists and registereddental assistants must obtain a minimum <strong>of</strong> sixteen (16) hours<strong>of</strong> continuing education. Only clinical continuing education willbe accepted by the <strong>Board</strong>. The <strong>Board</strong> recognizes that non clinicaleducation is important to the practice <strong>of</strong> dentistry. However, therequirement is for clinical CE only.May computer-based, home-study, correspondence, or videocourses be used to fulfill continuing education requirements?Yes. Continuing education credit will be given for computerbasedcourses, video courses, audio courses, reading, and/orcorrespondence/home study courses on a limited basis. Priorto taking such courses, it is highly recommended that licenseesobtain prior <strong>Board</strong> approval <strong>of</strong> any such courses on a course-bycoursebasis. A post-study examination must be a part <strong>of</strong> any <strong>of</strong> thecourses, and licensed dentists and dental hygienists shall ensurethey successfully complete and retain a copy <strong>of</strong> such post-studyexamination and any other documentation that would show pro<strong>of</strong> <strong>of</strong>attendance. In the event <strong>of</strong> a CE audit, the onus falls on the licenseeto show pro<strong>of</strong> <strong>of</strong> completion for all continuing education courses.Where can I obtain <strong>Board</strong>-approved on-line continuingeducation courses?An excellent source <strong>of</strong> on-line continuing education isthrough the American Association <strong>of</strong> <strong>Dental</strong> <strong>Board</strong>s (AADB) orthe ADA. The NDSBDE is a member <strong>of</strong> this nationally-recognizedorganization, which derives its membership from other stateregulatory boards, specialty boards, and dental educators (www.dentalboards.org/ce/index.asp.) The NDSBDE also <strong>of</strong>fers a 2hour credit for taking the online jurisprudence and ethics exam,available on the <strong>Board</strong>’s website; www.nddentalboard.org. Themultiple choice exam is open book and is <strong>of</strong>fered at no charge tothe licensee. Because the exam is “no fail” the <strong>Board</strong> views this asan educational opportunity for licensees.Troubleshoot ‘log in’ problems regarding the onlinejurisprudence and ethics exam:Some licensees have had trouble logging in. An update hasbeen added to the website’s log in page to help with some <strong>of</strong> thecommon problems. Two <strong>of</strong> the most common issues have beenthat the “dash” is not entered in the social security number orthe licensee does not use the same name initially provided tothe board. The board only has one version <strong>of</strong> your name in thedatabase. The name you enter as you log in must match exactlywhat is entered in the database. The quickest way to find out whatname you have given the <strong>Board</strong> is to email or call the <strong>Board</strong>’s<strong>of</strong>fice (ndsbde@aptnd.com or 701-258-8600). If the licensee is stillunable to log in, they may need to contact their tech support orinternet provider to find out how to lower their security settings.Unfortunately, for some reason, some computers will not work tolog in to the <strong>Board</strong>’s database.How many years should I keep my continuing educationrecords?Continuing education records must be maintained a minimum<strong>of</strong> three (3) years from the date <strong>of</strong> course attendance and shouldconsist <strong>of</strong> certificates <strong>of</strong> course completion or correspondencefrom course sponsors verifying course attendance. Check stubsand receipts may be helpful for income tax purposes but may notbe acceptable as adequate pro<strong>of</strong> <strong>of</strong> attendance.Summary <strong>of</strong> CE requirements:The minimum number <strong>of</strong> hours required within a two-yearcycle for dentists is thirty-two. Of these hours, a dentist mayearn no more than sixteen hours from publications and onlineeducation. The minimum number <strong>of</strong> hours required within atwo-year cycle for hygienists and registered or qualified dentalassistants is sixteen. Of these hours, a registered or qualifieddental assistant or a dental hygienist may earn no more than eighthours from publications and online education.ü The continuing dental education hours will accumulateon the basis <strong>of</strong> one hour <strong>of</strong> credit for each hour spentin education. Subject matter directly related to clinicaldentistry will be accepted by the board without limit.ü 2 hours <strong>of</strong> ethics or jurisprudence (online and free!)ü 2 hours <strong>of</strong> infection controlü A cardiopulmonary resuscitation courseü For anesthesia permit holders, four hours related tosedation or anesthesia[psst….this does NOT include local anesthesia]Define “clinical” dental continuing education.Clinical continuing education is defined as clinical coursespertaining to the actual delivery <strong>of</strong> dental services to patientsor health issues as they pertain to dental care. If you wish to becertain your course will be accepted for clinical CE credit, contactthe <strong>Board</strong>’s <strong>of</strong>fice.surveY saYs…The survey that was conducted on the <strong>Dental</strong>Economics Web site revealed some interesting findingsabout dentists and their relationships with state dentalboards. It’s incredible that many dentists do notunderstand the difference between their state dentalassociations and state dental boards.In the survey, 52% <strong>of</strong> dentists thought that the statedental board protects the interests <strong>of</strong> the dentists, 32%thought that the state dental board protects the interests<strong>of</strong> the dentists and the public, and just 16% <strong>of</strong> dentistsactually got it right by knowing that the state dentalboard protects the public.Your state dental association represents andadvocates for dentists in your state. In other words, yourstate dental association works for you. Meanwhile,The Mission <strong>of</strong> the <strong>North</strong> <strong>Dakota</strong> State <strong>Board</strong> <strong>of</strong><strong>Dental</strong> <strong>Examiners</strong> is to protect the dental health <strong>of</strong> thecitizens <strong>of</strong> <strong>North</strong> <strong>Dakota</strong> by regulating the practice <strong>of</strong>dentistry, dental hygiene and dental assisting, throughthe enforcement <strong>of</strong> laws, rules and policies. Towardthis end, the board requires competency and ethicalbehavior in all areas <strong>of</strong> the practice <strong>of</strong> dentistry.Page 4


Central regional<strong>Dental</strong> testingserviCe, inC. UpDateCRDTSPresident, Dr.Tony Malaktarispassing the<strong>of</strong>ficial CRDTSgavel to Dr.Deena Kuempelat the August<strong>2011</strong> CRDTSAnnual Session.This past year has been very rewarding for me, both as a <strong>Board</strong>Member and as a <strong>Dental</strong> Examiner. As the President <strong>of</strong> the CentralRegional <strong>Dental</strong> Testing Service (CRDTS), it was a very busy yearand I would like to update all <strong>of</strong> you on what is happening.To date, CRDTS has examined 752 dental candidates andmore than 1500 hygiene candidates. CRDTS continues to growwith several new test sites scheduled in the coming year. Ournew examination season begins in September for dentists utilizingmanikin testing followed by patient based testing in the spring.CRDTS currently is accepted for initial licensure in 41 statesand is made up <strong>of</strong> 17 member states. Each member state has arepresentative on the Steering Committee, which is the governingbody <strong>of</strong> CRDTS. In addition, each member state has representationon both the dental and hygiene Examination Review Committees,which are responsible for the development and changes made to theexaminations. With this kind <strong>of</strong> structure, each member state hasequal input into all aspects <strong>of</strong> examination development.This past year CRDTS completed a statistical report, compiledby Dr. Tom Haladyna, a measurement specialist. The reasonCRDTS had this report done was to show its member states thatthe examinations were in fact valid and reliable measurements <strong>of</strong>what the candidates were being tested on. The complete report isavailable on CRDTS web site for anyone interested.CRDTS is working on an occupational analysis, which should bedone early next year. This study will show which procedures newgraduates are actually performing in the practice setting. Dr. GeneKramer, utilizing Subject Matter Experts in all areas <strong>of</strong> dentistry anddental hygiene, is completing this study. As with the statistical report,CRDTS hopes to show member states that CRDTS is truly testing thoseskill sets that entry-level practitioners will be performing in practice.If the report should show there are skill sets that are not being tested,they will be included in future examinations.As you can see there is much more involved with CRDTS thanjust the testing process. As a testing agency, CRDTS must continueto look at every aspect from examination development throughexamination administration in order to give its member statesassurance that dental and hygiene candidates for licensure haveproven they are competent and can begin practicing in the publicsetting. This is the fundamental goal <strong>of</strong> any State <strong>Board</strong> or TestingAgency and is designed for the protection <strong>of</strong> the public.A.G. Malaktaris, DDSWestern regionalexamining BoarDUpDateBy Rob Lauf, DDSWREB Completes Governance Restructuring and Elects New<strong>Board</strong> MembersIn the final step towards transition to the new governancestructure which has been under development for the last twoyears , members <strong>of</strong> the new WREB <strong>Board</strong> <strong>of</strong> Directors were electedby the <strong>Dental</strong> Exam Review <strong>Board</strong> (DERB) and Hygiene ExamReview <strong>Board</strong>(HERB) at their July meetings. The new members <strong>of</strong>the <strong>Board</strong> will take their seats effective at the next <strong>Board</strong> meetingin January 2012. Dr. Joe Zayas(TX) was also elected President.First Year <strong>of</strong> <strong>Dental</strong> Electronic Scoring CompletedAt the start <strong>of</strong> the <strong>2011</strong> examination season, WREB introducedits new <strong>Dental</strong> Electronic Scoring S<strong>of</strong>tware(DESS). As this examyear comes to a close, all involved are happy to report it was a greatsuccess. <strong>Examiners</strong> and staff are trained and find the s<strong>of</strong>twareuser friendly and an improvement in exam efficiency and schoolsand candidates are delighted with the improved turnaround time<strong>of</strong> results which has been as short as two days in some cases.West Virginia joins WREBAt the July meeting <strong>of</strong> the <strong>Board</strong> <strong>of</strong> Directors, West Virginiawas approved as WREB’s first affiliate member state. Affiliatemembers are states that accept WREB results and may provideexaminers and participate in committees. They do not have votingrights on the WREB Exam Review <strong>Board</strong> but may attend meetingsin an informational capacity. WREB welcomes West Virginia!Online Score RequestsBeginning in September <strong>2011</strong>, candidates who need a scorereport from WREB can request them through the WREB website.Change <strong>of</strong> mailinganD BUsiness aDDressPlease make sure to inform the <strong>Board</strong> in writing <strong>of</strong> anychange <strong>of</strong> mailing and business address. The <strong>Board</strong> needsto maintain a current mailing and business address in orderto relay appropriate correspondence and information to itslicensees.The NDCC 43-28-23 requires “Within thirty days aftera licensed and registered dentist changes the dentist’s place<strong>of</strong> business, the dentist shall notify the executive director <strong>of</strong>the board <strong>of</strong> the new address. ” Hygienists and registereddental assistants have similar statute requiring notification <strong>of</strong>change <strong>of</strong> home address.A change <strong>of</strong> address form is provided on the back <strong>of</strong> thisnewsletter. This form can be completed and mailed or faxedto the <strong>Board</strong> <strong>of</strong>fice.Page 5


<strong>Dental</strong> reCorDs:transfer <strong>of</strong> patient reCorDsTitle 23-12-14 (Copies <strong>of</strong> Medical Records).The board frequently receives complaints concerningthe ownership <strong>of</strong> patient records. Most <strong>of</strong>ten questions arisefrom patients who have been denied access to the medicalrecord for reasons such as an outstanding account balanceand occasionally, a dispute over records provided “free <strong>of</strong>charge” through practice promotion.Ownership: Patient records belong to the treatingpractitioner; however, the patient has an absolute rightto a copy <strong>of</strong> his/her patient records regardless <strong>of</strong> anyoutstanding account balance or duplication costs.<strong>North</strong> <strong>Dakota</strong> laws establish a patient’s right to see andreceive copies <strong>of</strong> his or her medical records, under specificconditions and/or requirements. The law states that thelicensed health care provider upon the request <strong>of</strong> a healthcare provider’s patient or any person authorized by a patient,provide a free copy <strong>of</strong> a patient’s health care records to ahealth care provider designated by the patient or the personauthorized by the patient if the records are requested for thepurpose <strong>of</strong> transferring that patient’s health care to another healthcare provider for the continuation <strong>of</strong> treatment. The health careprovider shall provide medical records and any associatedmedical bills either in paper or facsimile format at a charge<strong>of</strong> no more than twenty dollars for the first twenty-five pagesand seventy-five cents per page after twenty-five pages orin an electronic, digital, or other computerized format at acharge <strong>of</strong> thirty dollars for the first twenty-five pages andtwenty-five cents per page after twenty-five pages. Thischarge includes any administration fee, retrieval fee, andpostage expense. To be clear, the practitioner may charge acopy fee (as provided for in Section 23-12-14) if the patient isnot requesting to transfer the record to another provider for thecontinuation <strong>of</strong> treatment.The <strong>Board</strong>’s position regarding the ownership andrelease <strong>of</strong> patient records as observed in the <strong>North</strong><strong>Dakota</strong> Century Code 43-28-18: Failing to releasecopies <strong>of</strong> dental or medical records requested bya patient <strong>of</strong> record or violating Section 23-12-14 isgrounds for disciplinary action.A patient record includes any document or combination<strong>of</strong> documents that pertains to a patient’s medical/dentalhistory, diagnosis, prognosis, or medical/dental condition,and that is generated and maintained in the process <strong>of</strong> thepatient’s dental treatment. The record also includes financialrecords such as insurance claims and billing information.The obligation to provide a copy <strong>of</strong> records existswhether or not the patient’s account is paid in full or whetheror not the service provided was <strong>of</strong>fered as complimentary(some practitioners may advertise to attract new patientsby <strong>of</strong>fering “free” services such as radiographs andexams). Since the patient has an absolute right to a copy<strong>of</strong> his/her records, a dentist may not ignore a request forrecords due to an unpaid balance for services rendered orunder circumstances where such records were generatedwithout charge. Further, a dentist cannot demand paymentfor copies up front. The dentist may add the fee for copiesto the unpaid balance, and include this in any claim forreimbursement, but records cannot be held hostage forpayment <strong>of</strong> any kind.a fonD fareWell“Now let’s see how she writes that up”, was a likely comment from Dr. Dohmsto the executive director about how future minutes might look when discussions<strong>of</strong> the BODE were a bit dicey. The <strong>Board</strong> will miss those comments amazinglyplaced at the most interesting moments. I would like to thank Dale Dohms onbehalf <strong>of</strong> the <strong>Board</strong> for ten years <strong>of</strong> service to the NDSBDE. After March 15, 2012Dr. Dohms will have a little more time to spend with his family, hunting withhis son, plowing something up, or maybe seeing more patients? The <strong>Board</strong> willsincerely miss his leadership, attention to detail, his knowledge <strong>of</strong> Parliamentaryprocedures and ability to move the agenda along. Dr. Dohms brought levityto the <strong>Board</strong> at times when it was most needed. Thank you for your wit andwisdom Dale! But most all we will always admire his fairness and dedication tothe <strong>Board</strong>’s mission <strong>of</strong> protecting the public.The <strong>Board</strong> would also like to recognize our public member, Jackie Velk whoretired from the NDSBDE and has ventured on to work in the Minot <strong>of</strong>fice <strong>of</strong>Senator John Hoeven. Jackie, an excellent member and servant for the public willalso be missed.Page 6Yours truly, Rita SommersPresident Rob Lauf presents award for 10 years<strong>of</strong> service to Dale Dohms, DMD.


disCiPlinarY aCtionsThe Complaint Committee <strong>of</strong> the <strong>North</strong> <strong>Dakota</strong> State <strong>Board</strong><strong>of</strong> <strong>Dental</strong> <strong>Examiners</strong> is charged with processing all complaintspresented to the <strong>Board</strong> (except those in which it is alleged apractitioner is an immediate threat to the public). Complaintsagainst licensees originate from many sources includingpatients, patients’ family members, other practitioners, ormedical malpractice insurance companies. The <strong>Board</strong> mayalso initiate action on its own motion if it becomes aware <strong>of</strong> apossible violation <strong>of</strong> the <strong>Dental</strong> Practice Act.Following a completed investigation process, the <strong>Board</strong>may move to take action against an individual’s license andcertificate <strong>of</strong> registration. The action may be in the form <strong>of</strong>revocation <strong>of</strong> license, suspension <strong>of</strong> license, or a letter <strong>of</strong> censureor reprimand. The Committee may also recommend termsfor settlement <strong>of</strong> an initiated disciplinary action. The <strong>Board</strong>considers all cases in which an allegation has been substantiated.A recommendation for discipline or dismissal <strong>of</strong> the complaintis developed based on information obtained by the committee.This recommendation process is conducted by the full <strong>Board</strong>in consultation with the <strong>Board</strong>’s legal counsel. Under somecircumstances additional investigation may be recommendedby the <strong>Board</strong>.If the <strong>Board</strong> recommends disciplinary action (such assuspension or revocation) a settlement agreement may be<strong>of</strong>fered to the licensee. If a Settlement Agreement cannot beagreed upon, the case may be heard before an AdministrativeLaw Judge who conducts a formal hearing and submits hisrecommended order to the <strong>Board</strong>. The <strong>Board</strong> may or may notaccept the Administrative Law Judge’s recommendation indetermining its final disposition <strong>of</strong> the complaint through afinal order. The practitioner may appeal the <strong>Board</strong>’s final order.At its September 15, <strong>2011</strong> meeting, the <strong>Board</strong> voted thatdisciplinary actions taken by the <strong>Board</strong> within the last twentyfourmonths be included in the NDSBDE’s annual newsletters.Currently the <strong>Board</strong> has eleven complaints that are underreview and deliberation. In addition two disciplinary actionsare pending.The board has taken action against the following licenseesand registrations within the past 24 months.First name Last Name License number Action DateJames Marotzke, DDS 1488 Settlement 3-Mar-11David Klein, DDS 1490 Suspension 2-Feb-11Laura Bergquist, RDA 143 Letter <strong>of</strong> reprimand 16-Sep-10William Krivarchka, DDS 1591 Revocation 9-Nov-09James O’Connell, DDS 1635 Letter <strong>of</strong> reprimand 9-Nov-09dentist and hYgienist liCense reneWal beginsThe renewal <strong>of</strong> licenses online during the previous renewal cycle was a moderate success according to the <strong>Board</strong>’s <strong>of</strong>fice staff.Dentists and hygienists will once again able to renew online for the 2012-2013 renewal cycle starting in October <strong>2011</strong>. Dentists andhygienists should have received the renewal notice with instructions for renewing on-line. If you have not received the renewal forms,please contact the <strong>Board</strong> immediately. The <strong>Board</strong> encourages the online renewal to expedite the renewal process and as a conveniencefor licensees.Fees for renewal have not changed since the last cycle. Fees for dentists are $400.00 while an anesthesia permit fee is $200.00.Renewal for dental hygienists is $150.00. Pro<strong>of</strong> <strong>of</strong> CE (UNLESS THE CE WAS PREVIOUSLY SUBMITTED TO THE BOARD) and therenewal fee must be submitted with the renewal application, for each application to be complete and avoid late fees (see below). Accessto the online renewal website will not be available after the deadline <strong>of</strong> December 31, <strong>2011</strong>.WHAT HAPPENS IF I DON’T’ RENEW ON TIME?If you have not renewed online or by filling out the renewal sent to you via USPS postmarked by December 31, <strong>2011</strong> and/or ifcontinuing education documentation information has not been submitted prior to this date, you are subject to late fees. If you have notsubmitted the renewal, your license has expired, and YOU MAY NOT PRACTICE DENTISTRY/DENTAL HYGIENE.An opportunity to renew the license under a 60 day grace period exists, however, until the license is renewed by the <strong>Board</strong>, thedentist or dental hygienist may not practice.After the 60 day grace period, the licensee may not renew the license and must REAPPLY for licensure.Page 7


annual rePort <strong>of</strong> the north daKotastate board <strong>of</strong> dental exaMinersJuly 15, <strong>2011</strong>The Mission <strong>of</strong> the <strong>North</strong> <strong>Dakota</strong> State <strong>Board</strong> <strong>of</strong> <strong>Dental</strong> <strong>Examiners</strong> is to protect the dental health <strong>of</strong> the citizens <strong>of</strong> <strong>North</strong> <strong>Dakota</strong>by regulating the practice <strong>of</strong> dentistry and dental hygiene through the enforcement <strong>of</strong> laws, rules and policies. The board requirescompetency and ethical behavior in all areas <strong>of</strong> the practice <strong>of</strong> dentistry.<strong>2011</strong> OFFICERS AND MEMBERS OF THE NDSBDERob Lauf, DDS, President (term expires 6-30-2013)MayvilleTroy Petersen, DMD, MD, President-Elect (term expires 3-15-2014)Grand ForksDale Dohms, DMD, Past President (term expires 3-15-2012)MinotJackie Velk, Public Member, Treasurer (term expires 3-15-2013)MinotDale Brewster, DDS, Member (term expires 3-15-2016)StanleyCathy Cornell, RDH, Member (term expires 3-15-2016)FargoTony Malaktaris, DDS, Member (term expires 3-15-2015)MandanThe <strong>Board</strong> is comprised <strong>of</strong> five committees; Legislative,Complaints, Continuing Education, Anesthesia andApplication Review. Responsibilities <strong>of</strong> committee chairsinclude ensuring that matters directed to committees areaddressed in a timely fashion and reporting committee workat quarterly meetings. The process for selecting a committeemembers and chairs occurs annually by affirmative consensus<strong>of</strong> members <strong>of</strong> the <strong>Board</strong>. The efficiency <strong>of</strong> the <strong>Board</strong> canbe attributed to a balance within the <strong>Board</strong>’s structure;committee work is distributed among members. Chairs <strong>of</strong>those committees and highlights <strong>of</strong> activities are as follows:LEGISLATIVE COMMITTEEChair: Dale Dohms, DMD & Rob Lauf, DDSThe latest amendments to the Administrative Rulesaddress issues recently confronted by the <strong>Board</strong>. Even so,public health policy initiatives, dental healthcare and accessissues continue to dominate the public agenda. The <strong>Board</strong> hasproactively responded legislatively to many <strong>of</strong> these issueswith an emphasis to be supportive <strong>of</strong> efforts where licensedand trained individuals may provide services for our citizens.The NDSBDE recognizes that while oral health <strong>of</strong> <strong>North</strong><strong>Dakota</strong>ns has improved substantially in recent decades,some segments <strong>of</strong> the population unfortunately continueto face challenges overcoming barriers to dental care. The<strong>Board</strong> continues its work to collaborate with dental healthentities and providers to assure that competent and trainedpractitioners enter the dental workforce providing serviceswithin the scope and training <strong>of</strong> their dental education.Requirements for a volunteer license to practice dentistrywere amended to exempt dentists from the obligation to treatpatients outside <strong>of</strong> the volunteer practice setting. Clarificationwas also given to requirements for permit applicants,license by examination and license by credential applicants.Hygienists or registered dental assistants may now orallytransmit prescriptions authorized by the supervising dentist.It is illegal for any other dental <strong>of</strong>fice employee, such as areceptionist, or non-registered assistant to call a prescription into a <strong>North</strong> <strong>Dakota</strong> pharmacy and it is illegal for any pharmacistto fill prescriptions called in by someone not authorized by law.Continuing education requirements were amended includinga requirement for ethics and/or jurisprudence.COMPLAINT COMMITTEEChair: Dale Brewster, DDSThe <strong>Board</strong> addressed a total <strong>of</strong> eighty-two (82) complaintsin the period <strong>of</strong> July 15, 2010 through July 15, <strong>2011</strong> includingfifty-five (55) complaints related to the closing <strong>of</strong> the FargoAllCare clinic. The <strong>Board</strong> suspended one license, issued oneletter <strong>of</strong> reprimand, and entered into a Settlement agreementwith one practitioner. In addition the <strong>Board</strong> currently has twopending actions. The complaints are comprised <strong>of</strong> misleadingadvertising, standard <strong>of</strong> care issues, and unpr<strong>of</strong>essionalconduct. In addition to consulting Administrative Coderevisions, the <strong>Board</strong> also refers to the ADA’s Principles <strong>of</strong> Ethicsand Code <strong>of</strong> Pr<strong>of</strong>essional Conduct for guidance in processingcomplaints. A link to the ADA’s Code can be found on the<strong>Board</strong>’s web site. Dr. Dale Brewster (Stanley) continued toprovide outstanding leadership as the Chair <strong>of</strong> the ComplaintCommittee during the past year.CONTINUING EDUCATIONChair: Catherine Cornell, RDHMost inquiries related to the revisions <strong>of</strong> code are in regardto new continuing education requirements. Continuing educationhas been amended to increase allowable online learning and addtwo hours <strong>of</strong> ethics or jurisprudence education per CE cycle. Inthe event <strong>of</strong> audit, pro<strong>of</strong> <strong>of</strong> online education, such as a certificatePage 8


<strong>of</strong> completion, will be required by the <strong>Board</strong>. Sponsors <strong>of</strong> anycontinuing education program must assure courses being <strong>of</strong>fered areapproved by the NDSBDE’s CE Committee by submitting programcontent information and outlines as well as presenter CVs. Inquiriesregarding approval may be submitted directly to the <strong>Board</strong>.ANESTHESIA COMMITTEEChair: Troy Petersen, DMD, MDThe NDSBDE recognizes that dentists who lack appropriateeducation and training for such procedures put patients atrisk. For this reason, different levels <strong>of</strong> sedation privileges (A,B, C, and D) require different levels <strong>of</strong> advanced educationand training, as well as additional obligations for personnel,facilities and equipment. The <strong>Board</strong> receives many inquiriesregarding minimal sedation requirements. When nitrousoxide/oxygen is used in combination with any additionalsingle enteral drug, a minimal sedation permit is required. The<strong>Board</strong> appreciates Dr. Troy Petersen’s (Grand Forks) guidanceas chair <strong>of</strong> the NDSBDE Anesthesia Committee.Anesthesia permit statistics for 7/15/2010 - 7/14/<strong>2011</strong>Type <strong>of</strong> permitNumber <strong>of</strong> permitsGeneral anesthesia/deep sedation (A) 25Moderate parenteral sedation (B) 5Moderate enteral sedation (C) 3Minimal sedation permit (D) 4APPLICATION REVIEW COMMITTEEChair: Dale Dohms, DMDThis Committee reviews applications when licenseeshave reported any action taken by law enforcement or othersanctioning bodies. The committee monitors the licensestatus and events which may influence public safety andtherefore be <strong>of</strong> concern to the <strong>Board</strong>. Applicants who selfreportmay also be contacted by the committee to ensure thatefforts are being made toward compliance. Licensees who arereported to the <strong>Board</strong> by credentialing agencies or insurancecorporations may also be contacted by the Committee. Noactions were taken by the Committee in the previous year.LICENSE STATUS:Licenses expire on December thirty-first <strong>2011</strong> for dentistsand dental hygienists (even numbered years for dentalassistants). It is important for all licensees to understandthat by failing to renew prior to expiration, the privilegeto practice is lost and licensees must cease the practice <strong>of</strong>dentistry. The license must be renewed during the allowedgrace period or the licensee faces reapplication for license.If the license is not renewed prior to expiration or duringthe permitted grace period, reapplication for licensure isrequired. It is important to note that during the grace periodyou are permitted to renew the license you are prohibitedfrom practicing during the grace period, until the renewal isgranted. The reapplication process is cumbersome and costlyto the licensee who fails to renew. Even so, it does seem tohappen! Therefore the <strong>Board</strong> reminds all licensees <strong>of</strong> theimportance <strong>of</strong> timely completion <strong>of</strong> the renewal process. The<strong>Board</strong> is unable to make exceptions for tardy renewals andmust therefore enforce statute related to the renewal process.It is the licensee’s responsibility to inform the board <strong>of</strong> theircurrent mailing address to insure notification for renewalsand other <strong>Board</strong> communications [See NDCC § 43-28-23].Licenses and registration statistics for 7/15/2010 -7/14/<strong>2011</strong>Licensee Active license Inactive licenseDentist 427 24<strong>Dental</strong> hygienist 726 49<strong>Dental</strong> assistant 559 n/aCLINICAL EXAMINATIONS:One <strong>of</strong> the most rewarding and important functions<strong>of</strong> board members is their involvement with regionalclinical board examinations. The NDSBDE participates asmembers <strong>of</strong> the Central Regional <strong>Dental</strong> Testing Serviceand the Western Regional Examination <strong>Board</strong>. <strong>Board</strong>members (past and present) generously dedicate much <strong>of</strong>their time to these organizations in addition to attendingannual meetings and serving on various advisory andstanding committees which guide the organizations. Dr.Anthony Malaktaris currently serves as President <strong>of</strong> theCentral Regional <strong>Dental</strong> Testing Service, Inc. (CRDTS).Direct involvement benefits the <strong>Board</strong> by allowingmembers to have first hand information on the validity andcontent <strong>of</strong> the examination. The <strong>Board</strong> can then determinewhich <strong>of</strong> these exams shall be accepted as a requirementfor licensure and promulgate rules accordingly.WEB SITE STATUS:The <strong>Board</strong>’s latest addition to its website is the Ethicsand Jurisprudence Examination. Licensees may optto take the exam online to fulfill continuing educationrequirements for ethics and jurisprudence. The exam wasdesigned as an educational tool in that the test is an openbook test, and the test is fail-pro<strong>of</strong>; fail pro<strong>of</strong> because testquestions may reappear if a passing score is not achieved atthe conclusion <strong>of</strong> the 90 questions. Answering 60 questionscorrectly automatically concludes the test. Upon successfulcompletion <strong>of</strong> the exam, the licensee is credited for 2 hours<strong>of</strong> continuing education toward the ethics and jurisprudenceCE requirement. There is no cost for taking the exam. Thecontent for the Ethics and Jurisprudence exam can be foundby reviewing The <strong>North</strong> <strong>Dakota</strong> Century Code and Rules/Regulations pertaining to dentists, hygienists and assistantsand the ADA’s Code <strong>of</strong> Ethics. These materials are availableon the <strong>Board</strong>’s website.The <strong>Board</strong>’s website is user friendly and allows anyoneto contact the board via e-mail. Continuing educationforms, license renewal forms and applications are also<strong>of</strong>fered. Links to various dental related sites are available,including the CDC. Office hours are Monday-Friday, 8:00a.m. to 5:00 p.m. Meetings are open to the public withmeeting schedules posted both on the <strong>Board</strong>’s web siteand with the Office <strong>of</strong> the Secretary <strong>of</strong> State. Written orelectronic minutes <strong>of</strong> NDSBDE meetings are available bycontacting the <strong>Board</strong>’s <strong>of</strong>fice.Respectfully submitted,Rita Sommers, Executive DirectorPage 9


north daKota state board <strong>of</strong> dental exaMinersP.O. Box 7246Bismarck, ND 58507-7246Presorted StandardUS PostageP A I DPermit #419BISMARCK NDZip Code 58504next forMal Meeting <strong>of</strong> the ndsbdeThursday, January 19, 20129:00 AM CSTFargo, Holiday InnnaMe and/or address ChangePursuant to the <strong>North</strong> <strong>Dakota</strong> Century Code, licensed and registered dentists, hygienists, and registered dental assistants shall notify theExecutive Director <strong>of</strong> the <strong>Board</strong> within thirty days <strong>of</strong> a new address. A dentist must provide a new business address. A registered dentalhygienist or a registered dental assistant is required to provide a new mailing address as well. Failure to provide this information to the<strong>Board</strong> may result in loss <strong>of</strong> registration <strong>of</strong> license or penalty. You can notify the <strong>Board</strong> using the following form. The form can be mailed to:NDSBDE, P.O. Box 7246, Bismarck, ND 58507-7246 or transmitted via facsimile to (701) 224-9824.Name (last, first, middle): _____________________________________________________________________________________________Former Name (if applicable): ___________________________________________________________________________________________old address: Street __________________________________________________________________________________________________City/State/Zip ______________________________________________________________________________________________________New address (if applicable): ___________________________________________________________________________________________City/State/Zip ______________________________________________________________________________________________________License Number _________________________________________________Daytime Phone Number ______________________________Signature _______________________________________________________________________Effective Date _______________________The change <strong>of</strong> address is for my:r Home Address r Office Address r Mailing Address r Satellite Address

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!