040811dentminutes - Nebraska Department of Health and Human ...

ROLL CALL
MINUTES OF THE MEETING
OF THE
BOARD OF DENTISTRY
April 8, 2011
The meeting of the Board of Dentistry was called to order at 8:30 a.m. by Terry Wilwerding,
DDS, Chairperson, in the Staybridge Room at the Staybridge Suites, located at 2701 Fletcher
Avenue, Lincoln, Nebraska. The agenda was sent to the Board members and other interested
parties prior to the meeting. The following members answered the roll call:
Terry Wilwerding, DDS, Chairperson
Robert M. Hinrichs, DDS, Vice-Chairperson
Cynthia Gaskill, RDH, Secretary
Charles Bauer, DDS
Judith Kissell, PhD
Jane Lott, RDH
Joan Sivers, DDS
Mary Sneckenberg
John Ahlschwede, DDS
David Blaha, DDS
Also present were: Becky Wisell, Administrator; Vonda Apking, Health Licensing Coordinator;
Lisa Anderson, Assistant Attorney General; Michael Grutsch, Program Administrator; Larry
Wiehn, Investigator; Jeff Newman, Investigator; and Paul Kaufmann, Department Legal.
ADOPTION OF AGENDA
Sivers moved, seconded by Lott, to adopt the agenda with the ability for the Chairperson to
rearrange as necessary. Voting aye: Ahlschwede, Bauer, Blaha, Gaskill, Hinrichs, Kissell, Lott,
Sivers, Sneckenberg, Wilwerding. Voting nay: None. Motion carried.
APPROVAL OF MINUTES
January 7, 2011
Sneckenberg moved, seconded by Gaskill, to approve the January 7, 2011, minutes with 3
typographical corrections on page 3. Voting aye: Ahlschwede, Bauer, Blaha, Gaskill, Hinrichs,
Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None. Motion carried.
March 1, 2011 – Conference Call
Sneckenberg moved, seconded by Blaha, to approve the March 1, 2011, minutes as presented.
Voting aye: Ahlschwede, Bauer, Blaha, Gaskill, Hinrichs, Kissell, Lott, Sivers, Sneckenberg,
Wilwerding. Voting nay: None. Motion carried.
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INVESTIGATIONAL REPORTS – CLOSED SESSION
Lott moved, seconded by Sivers, to go into closed session at 8:32 a.m. for the purpose of
hearing investigational reports, probation compliance monitoring reports, and application review.
Voting aye: Ahlschwede, Bauer, Blaha, Gaskill, Hinrichs, Kissell, Lott, Sivers, Sneckenberg,
Wilwerding. Voting nay: None. Motion carried.
Gaskill recused herself from the meeting at 9:50 a.m.
Gaskill rejoined the meeting at 9:57 a.m.
Sivers moved, seconded by Gaskill, to reopen the session at 10:11 a.m. Voting aye:
Ahlschwede, Bauer, Blaha, Gaskill, Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding.
Voting nay: None. Motion carried.
APPLICATION REVIEW – OPEN SESSION
Dental Application(s) – (2)
Blaha moved, seconded by Sivers, to approve the dental application of James Thalken after
meeting all the requirements for licensure. Voting aye: Ahlschwede, Bauer, Blaha, Gaskill,
Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None. Motion carried.
Gaskill moved, seconded by Sneckenberg, to approve the dental application of Noah Piskorski
after meeting all the requirements for licensure. Voting aye: Ahlschwede, Bauer, Blaha, Gaskill,
Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None. Motion carried.
Dental Hygiene Application(s) – (12)
Lott moved, seconded by Blaha, to approve the dental hygiene application of Amaris Taylor
after meeting all the requirements for licensure. Voting aye: Ahlschwede, Bauer, Blaha,
Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None. Abstain: Gaskill.
Motion carried.
Hinrichs moved, seconded by Lott, to approve the dental application of Elishia Heilbrun after
meeting all the requirements for licensure. Voting aye: Ahlschwede, Bauer, Blaha, Hinrichs,
Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None. Abstain: Gaskill. Motion
carried.
Blaha moved, seconded by Bauer, to approve the dental hygiene application of Ginny
McCracken after meeting all the requirements for licensure. Voting aye: Ahlschwede, Bauer,
Blaha, Gaskill, Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None.
Motion carried.
Ahlschwede moved, seconded by Blaha, to approve the dental hygiene application of Jessica
Bruggeman after meeting all the requirements for licensure. Voting aye: Ahlschwede, Bauer,
Blaha, Gaskill, Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None.
Motion carried.
Ahlschwede moved, seconded by Sneckenberg, to approve the dental hygiene application of
Joey Audino after meeting all the requirements for licensure. Voting aye: Ahlschwede, Bauer,
Blaha, Gaskill, Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None.
Motion carried.
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Hinrichs moved, seconded by Blaha, to approve the dental hygiene application of Kelly Morales
after meeting all the requirements for licensure. Voting aye: Ahlschwede, Bauer, Blaha, Gaskill,
Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None. Motion carried.
Blaha moved, seconded by Hinrichs, to recommend issuing a one year probationary dental
hygiene license to MacKenzie Borer. The probationary condition would be that Ms. Borer
completes an ethics course approved by the Board. The basis for the probationary license is
Ms. Borer’s conviction history. Voting aye: Ahlschwede, Bauer, Blaha, Gaskill, Hinrichs, Kissell,
Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None. Motion carried.
Sneckenberg moved, seconded by Blaha, to approve the dental hygiene application of Megan
Neth after meeting all the requirements for licensure. Voting aye: Ahlschwede, Bauer, Blaha,
Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None. Abstain: Gaskill.
Motion carried.
Ahlschwede moved, seconded by Lott, to approve the dental hygiene application of Mendy
DeMilia after meeting all the requirements for licensure. Voting aye: Ahlschwede, Bauer, Blaha,
Gaskill, Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None. Motion
carried.
Sivers moved, seconded by Blaha, to approve the dental hygiene application of Monica Silke
after meeting all the requirements for licensure. Voting aye: Ahlschwede, Bauer, Blaha, Gaskill,
Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None. Motion carried.
Sneckenberg moved, seconded by Gaskill, to approve the dental hygiene application of Rena
Sainovich after meeting all the requirements for licensure. Voting aye: Ahlschwede, Bauer,
Blaha, Gaskill, Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None.
Motion carried.
Gaskill moved, seconded by Bauer, to approve the dental hygiene application of Toshia Jueden
after meeting all the requirements for licensure. Voting aye: Ahlschwede, Bauer, Blaha, Gaskill,
Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None. Motion carried.
Gaskill commented that there are several dental hygiene graduates that are interested in taking
part in the Mission of Mercy scheduled for June 3-4, 2011. The Board requested that staff
expedite the applications of those dental and dental hygiene applicants that are interested in
participating in the Mission of Mercy. Staff informed the Board that the applications would need
to meet all licensure requirements before their license could be issued. Wisell suggested
contacting the registrars at the dental and dental hygiene schools in Nebraska to encourage the
advance release of final transcripts to facilitate the licensure process.
Reinstatement Application(s)
No applications to review at this time.
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LETTER FROM THE NEBRASKA DENTAL ASSOCIATION (NDA) REGARDING ALLOWABLE
DUTIES FOR DENTAL ASSISTANTS
Wilwerding provided the Board with background information regarding the letter from the NDA
that requested the Board’s opinion with the NDA’s analysis of the current statutes, rules and
regulations pertaining to allowable duties for dental assistants. Nebraska dentists look to the
Board for its interpretation of the statutes, and in this case, they are asking whether or not
dental assistants can place sealants.
The NDA’s analysis of the current statutes, rules and regulations summarizes the review of a
specific dental assistant duty as follows:
� Is the duty specifically prohibited in the regulations?
� Is the duty considered to be an irreversible dental procedure?
� Does performance of the duty require the professional judgment and skill of a licensed
dentist?
The Regulations Governing the Performance of Duties by Licensed Dental Hygienists and Other
Dental Auxiliaries, 172 NAC 53-002, include specific prohibited services. The Board or a
committee of the Board could examine specific duties to determine whether the duties are
irreversible and whether the duties require the professional judgment and skill of a licensed
dentist. However, there is currently no specific statutory authority for the Board to require
education or training for dental assistant duties other than for taking dental x-rays.
The Board focused on the question posed by the NDA regarding whether dental assistants can
place sealants. The Board talked about whether surrounding states allow dental assistants to
place sealants. A comment was raised about whether sealant placement is truly a reversible
procedure. Although Nebraska statutes clearly define certain dental hygiene duties, allowable
duties for dental assistants are not clearly defined in statute but are addressed in the 172 NAC
53 Regulations.
Applying the analysis from the NDA, the Board determined that placing sealants is not
specifically prohibited in the regulations; placing sealants is not considered to be an irreversible
dental procedure; and placing sealants does not require the professional judgment and skill of a
licensed dentist. There was discussion about whether a dental assistant should have training in
order to place sealants and whether that training should be formal training or on-the-job training.
Consensus was that formal training would be preferred and that it could be structured similarly
to the training required for dental assistants to perform coronal polishing.
In response to the letter submitted by the NDA, Ahlschwede moved, seconded by Gaskill, that it
is the Board’s opinion that dental assistants should be allowed to place sealants, provided that
they have received training on placing sealants and that the training is similar to the training
received for dental assistants to perform coronal polishing. Voting aye: Ahlschwede, Bauer,
Blaha, Gaskill, Hinrichs, Kissell, Lott, Sneckenberg, Wilwerding. Voting nay: Sivers. Motion
carried.
2011 LEGISLATION UPDATE
The update included that LB 330 has not come out of committee discussion. The amendment
mentioned during committee discussions would require dental hygienists to have only 1,000
hours of clinical training. The Board discussed that the dental hygiene education is different
now than when the original legislation was passed in 2003. There has been an increase in
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public health education in the dental hygiene programs which include public health rotation.
The Board would like to comment on any amendment introduced. Staff will schedule a
conference call when an amendment is introduced.
Staff provided the Board with information regarding LB 225 pertaining to lawful presence in the
United States, which became effective on March 15, 2011.
REQUEST FOR WRITTEN FEEDBACK ON THE PROPOSED DENTAL ASSISTING
NATIONAL BOARD (DANB) CERTIFIED DENTAL ASSISTANT (CDA)/GENERAL CHAIRSIDE
ASSISTING (GC) EXAM ELIGIBILITY PILOT STUDY
Hinrichs moved, seconded by Blaha, to treat this as information and provide no comments at
this time. Voting aye: Ahlschwede, Bauer, Blaha, Gaskill, Hinrichs, Kissell, Lott, Sivers,
Sneckenberg, Wilwerding. Voting nay: None. Motion carried.
CENTRAL REGIONAL DENTAL TESTING SERVICE (CRDTS) ISSUES
CRDTS 2010 Dental Hygiene Technical Report
The Board reviewed this information but no discussion took place.
CRDTS Dental Hygiene Annual School Report
The Board reviewed this information but no discussion took place.
CRDTS Annual Meeting – August 25-27, 2011- Kansas City, MO
The Board treated this item as informational.
COMMITTEE REPORTS
Anesthesia Committee
Ahlschwede provided the Board with an update. The Committee is still moving forward on
developing new statutory language for all levels of anesthesia.
Dental Examination Review Committee (ERC)
No report at this time.
Dental Hygiene Examination Review Committee (DHERC)
No report at this time.
Steering Committee
Lott provided the Board with a written report. The report included results from the survey
regarding internationally trained dentists and dental hygienists; the use of iPads for grading;
requiring all dental hygiene candidates to use the same types of instruments, and the ERC is
requesting that state boards submit at least three names when changing their state
representative appointed to the ERC in January.
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Continuing Education Review Committee
The Continuing Education Review Committee reviews questionable continuing education
approval requests. Staff will send final decisions to the Board members. An update on the
changes to acceptable continuing education would be an article of interest for the dental
newsletter.
NEW BUSINESS
AADB Mid-Year Meeting – April 3-4, 2011
The Board members that attended commented that it was a good meeting.
2011 National Dental Examiners’ Advisory Forum (NDEAF) – April 4, 2011
No one was able to attend this meeting.
2011 AADB Citizen of the Year
Gaskill moved, seconded by Hinrichs, to nominate Joan Sivers, DDS, for AADB’s “Citizen of the
Year” award. Voting aye: Ahlschwede, Bauer, Blaha, Gaskill, Hinrichs, Kissell, Lott,
Sneckenberg, Wilwerding. Voting nay: None. Abstain: Sivers. Motion carried.
LASER DENTISTRY
The Board reviewed the information that was provided and considered it as informational.
REQUEST FOR APPROVAL OF DENTAL RADIOGRAPHY COURSE AT WESTERN IOWA
TECH COMMUNITY COLLEGE
Gaskill moved, seconded by Sivers, to approve the dental radiography course given by Western
Iowa Tech Community College. Voting aye: Ahlschwede, Bauer, Blaha, Gaskill, Hinrichs,
Kissell, Lott, Sivers, Sneckenberg, Wilwerding. Voting nay: None. Motion carried.
ACCEPTANCE OF CONTINUING MEDICAL EDUCATION COURSES FOR CONTINUING
DENTAL EDUCATION REQUIREMENTS
The Board considered this as informational. Provider would need to submit course descriptions
for approval.
UPDATE ON DERMATOLOGIC PROCEDURES
Kissell reported on the meeting pertaining to dermatologic procedures. There was discussion
that the use of dermal fillers is not the practice of dentistry; however there are dermal fillers
used for dental procedures. Iowa’s policy was reviewed and Kissell will provide the Board a
copy at the next meeting. Sneckenberg requested that information be gathered from other
states that might have similar policies.
Hinrichs moved, seconded by Sivers, to use Board funds for Blaha to attend a meeting on
Botox. Voting aye: Ahlschwede, Bauer, Blaha, Gaskill, Hinrichs, Kissell, Lott, Sivers,
Sneckenberg, Wilwerding. Voting nay: None. Motion carried.
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REGULATIONS UPDATE
The regulations are still at the Governor’s Policy Research Office and Dr. Schaefer has
communicated with that office the importance of these regulations. Staff will send out a copy of
the hearing notice when it is available.
FINANCIAL REPORT
The Board discussed the budget status report from February 2011.
GENERAL INFORMATION
The Board discussed articles for the newsletter. Wisell will write article on continuing education
and the continuing education audit. Blaha will write article on controlled substances record
keeping. Hinrichs will write article on Board’s opinion regarding dental assistants. Ahlschwede
will write article on anesthesia. The deadline for articles is June 1 st .
ADJOURNMENT
Gaskill moved, seconded by Sneckenberg, to adjourn the meeting at 12:47 p.m. Voting aye:
Ahlschwede, Bauer, Blaha, Gaskill, Hinrichs, Kissell, Lott, Sivers, Sneckenberg, Wilwerding.
Voting nay: None. Motion carried.
Respectfully submitted by,
Cynthia Gaskill, Secretary
Board of Dentistry
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