commonwealth of pennsylvania...sep 14, 2018 · sargent's court reporting service, inc. (814)...

Sargent's Court Reporting Service, Inc. (814) 536-8908

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COMMONWEALTH OF PENNSYLVANIA 1

DEPARTMENT OF STATE 2

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS 3

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F I N A L M I N U T E S 5

6

MEETING OF: 7

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STATE BOARD OF DENTISTRY 9

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TIME: 9:01 A.M. 11

12

PENNSYLVANIA DEPARTMENT OF STATE 13

Board Room B 14

One Penn Center 15

2601 North Third Street 16

Harrisburg, Pennsylvania 17110 17

18

September 14, 2018 19

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State Board of Dentistry 1 September 14, 2018 2

3 4 BOARD MEMBERS: 5 6 John F. Erhard III, D.D.S., Chairperson 7 Ian J. Harlow, Commissioner of Professional 8 and Occupational Affairs - Absent 9 Shawn M. Casey, D.M.D. 10

David J. Dattilo, D.D.S. 11 Barbara (Bonnie) L. Fowler, Public Member 12 Theresa A. Groody, EFDA 13 Alice Hart Hughes, Esquire, Public Member 14 Joel S. Jaspan, D.D.S. 15 R. Ivan Lugo, D.M.D. 16 Andrew S. Matta, D.M.D. - Absent 17 Arlene G. Seid, M.D., M.P.H., Department of Health 18 Designee 19 Amber Sizemore, Esquire, Office of Attorney General 20 Donna L. Schoenecker, R.D.H. 21 Jennifer Unis Sullivan, D.M.D., J.D. 22

23 24 BUREAU PERSONNEL: 25 26 Kerry E. Maloney, Esquire, Board Counsel 27 Paul J. Jarabeck, Esquire, Board Prosecution Liaison 28 Lisa M. Burns, Board Administrator 29 30 31 ALSO PRESENT: 32 33 Michael K. Kaner, D.M.D., Pennsylvania Academy of 34 General Dentistry 35

Steve Neidlinger, CAE, Executive Director, 36 Pennsylvania Academy of General Dentistry 37 Sharon Langan, Dental Faculty, Fortis Institute of 38 Scranton 39 Megan Brightbill, Dental Hygienist and Associate Dean 40 of Academic Affairs, Harrisburg Area Community 41 College 42 Marisa Swarney, Director of Government Relations, 43 Pennsylvania Dental Association 44 Charles Hartwell, Esquire, Dethlefs-Pykosh Law Group 45 46 47

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*** 1

State Board of Dentistry 2

September 14, 2018 3

*** 4

The regularly scheduled meeting of the State 5

Board of Dentistry was held on Friday, September 14, 6

2018. John F. Erhard III, D.D.S., Chairperson, called 7

the meeting to order at 9:01 a.m. He wished those in 8

the Carolinas the best due to the recent tropical 9

storm. 10

Jennifer Unis Sullivan, D.M.D., J.D., was not 11

present at the commencement of the meeting. A quorum 12

was noted to be present. 13

*** 14

Introduction of Board and Audience 15

[Chairperson Erhard requested the introduction of 16

Board, staff, and audience members.] 17

*** 18

[Joel S. Jaspan, D.D.S., introduced himself and 19

provided a brief summary of his professional 20

background.] 21

*** 22

Approval of Minutes of the July 20, 2018 meeting 23

CHAIRPERSON ERHARD: 24

The first item on the agenda is the 25


4

approval of minutes from the last Board 1

meeting. Are there any additions or 2

corrections? 3

[The Board discussed corrections to the minutes.] 4


Any other additions or corrections? 6

DR. SEID: 7

I move to approve the minutes with the 8

amendments mentioned by Ms. Hughes. 9

DR. DATTILO: 10

Second. 11


All in favor of accepting the minutes as 13

amended, signify by saying aye. 14

Opposed, same sign. 15

[The motion carried. Dr. Lugo and Dr. Jaspan 16

abstained from voting on the motion.] 17

*** 18

[Jennifer Unis Sullivan, D.M.D., J.D., entered the 19

meeting at 9:06 a.m.] 20

*** 21

Report of Prosecutorial Division 22

[Paul J. Jarabeck, Esquire, Board Prosecutor, on 23

behalf of Julia A. Caralle, Esquire, presented the 24

Consent Agreements for File No. 16-46-13981 and File 25


5

No. 18-46-00365.] 1

*** 2

[Mr. Jarabeck presented the VRP Consent Agreements for 3

File No. 18-46-001654 and File No. 18-46-006024.] 4

*** 5

[Mr. Jarabeck next presented the Consent Agreements 6

for File No. 16-46-07127, File No. 18-46-007449, File 7

No. 16-46-06412, and File No. 16-46-05937.] 8

*** 9

[Mr. Jarabeck noted that Mr. Kelly will no longer be 10

prosecuting before the Board, as he was promoted to 11

the position of Hearing Examiner. 12

Chairman Erhard extended best wishes to Attorney 13

Kelly on behalf of the Board.] 14

*** 15

Report of Board Counsel 16

[Kerry E. Maloney, Esquire, Board Counsel, noted 17

proposed Adjudications and Orders, a Final 18

Adjudication and Order, and a request application for 19

a stay for discussion during Executive Session. 20

Mr. Maloney suggested holding a regulatory 21

meeting after the next Board meeting to approve 22

regulations. He discussed finalizing the Statements 23

of Policy, Tooth Whitening and Botox/Dermal Fillers 24

regulations. 25


6

Mr. Maloney discussed the Volunteer License 1

regulation, which would be done as a final omitted. 2

He noted the Child Abuse Reporting Requirements 3

regulation, which was forwarded to the Office of 4

General Counsel. He stated the General Revisions, 5

Radiological Procedures, and Continuing Education (CE) 6

regulations are still with the Office of General 7

Counsel (OGC) and the Office of Budget and Policy. 8

Mr. Maloney stated that the Public Health Dental 9

Hygienist regulation will be forwarded to OGC and 10

Budget and Policy. 11

Mr. Maloney discussed the Board's non-statutory 12

authority to regulate mobile dental vans. 13

Mr. Maloney noted the 129 regulations pending and 14

21 appeals pending in Pennsylvania. He stated the 15

electronic criminal justice database in Pennsylvania 16

and the Board’s database will work together. He 17

discussed combining regulations in order to move the 18

regulatory packages forward on merits. He further 19

explained the regulatory process.] 20

*** 21

Report of Board Chairperson 22

John F. Erhard III, D.D.S., Chairperson, informed the 23

Board of his attendance at the American Board of 24

Dental Examiners (ADEX) Annual Meeting in Rosemont, 25


7

IL. He noted that all aspects of the dental and 1

dental hygiene exams were reviewed in detail. He 2

noted changes in the dental licensure exam. The 3

dental hygiene exam was the same. 4

Chairperson Erhard stated ADEX is developing a 5

computer-generated periodontal exam designed to better 6

test the diagnoses and treatment planning skills of 7

dental candidates. He stated that currently ADEX is 8

still considering to continue the periodontal patient 9

exam but also conducting diagnoses and treatment 10

planning exams called Diagnostic Skills Examination 11

(DSE), which would better evaluate the preparedness of 12

the candidates. 13

Chairperson Erhard also attended an informational 14

session with the Pennsylvania Coalition for Oral 15

Health. 16

Chairperson Erhard was invited to the Fortis 17

Institute in Scranton, PA, for a presentation and tour 18

of the clinical facility. Chairperson Erhard thanked 19

the stakeholders who attend the meetings and 20

demonstrated an interest in the profession. 21

Chairperson Erhard discussed the licensing 22

concerns of individuals frustrated by the process. He 23

noted that all phone calls should be referred to the 24

Board's staff. 25


8

Ms. Burns commented that applications are now 1

received electronically through the Pennsylvania 2

Licensing System (PALS). She noted a current 3

processing time of 10 to 15 business days with 4

applications being processed in the date order 5

received. She noted that all mail is processed 6

through a document processing center for the Bureau 7

for all of the Boards.] 8

*** 9

Report of Commissioner – No Report 10

*** 11

Report of Board Administrator – No Report 12

*** 13

Report of Committees 14

Expanded Function Dental Assistant Committee 15

– No Report 16

*** 17

Licensure Committee - No Report 18

*** 19

Newsletter Committee 20

Barbara (Bonnie) L. Fowler, Public Member, stated the 21

September-October Newsletter was prepared and 22

submitted for approval. She noted an article 23

regarding the transfer of patient records by Dr. 24

Erhard. She mentioned an article by Dr. Seid 25


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outlining the proactive steps being taken by the 1

Department of Health and other agencies in the 2

Commonwealth concerning the opioid epidemic. 3

Ms. Fowler recognized Ms. Hughes as the Board’s 4

new secretary and three new Board members.] 5

*** 6

Probable Cause Committee – No Report 7

*** 8

Regulations/Legislative Review Committee 9

[R. Ivan Lugo, D.M.D., announced Board approval for 10

travel to the American Association of Dental Boards on 11

September 22, 2018. Dr. Lugo noted quarterly meetings 12

for the committee.] 13

*** 14

Scope of Practice Committee 15

For the Board's Information/Discussion 16

[David J. Dattilo, D.D.S., discussed correspondence 17

from Dr. Joseph Crowley from the American Dental 18

Association (ADA) regarding a policy statement 19

concerning sleep-related breathing disorders. He 20

noted the ADA’s official policy and discussed the 21

Board adopting the same as a policy statement. 22

Dr. Dattilo also noted communications from the 23

American Academy of Dental Sleep Medicine. He stated 24

the ADA recognized groups that are lobbying state 25


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Boards around the country to promote certain laws and 1

regulations regarding the treatment of sleep-related 2

disorders. 3

Dr. Dattilo commented that the policy statement 4

by the ADA suggests that the role of the dentist be 5

clearly defined within the regulations of the state 6

Board. He referred to the policy statement as well 7

researched and suggested adopting the same. 8

Mr. Maloney explained the Board would have to 9

create a statement of policy. He cautioned the Board 10

to not provide advisory opinions. A regulation could 11

be drafted using the ADA Policy as a basis and 12

guideline for the Board's Statement of Policy. Mr. 13

Maloney reviewed the input of comments within the 14

regulatory process.] 15

DR. DATILLO: 16

I'd like to make a motion that the State 17

Board accept the policy statement on the 18

role of Dentistry and the treatment of 19

sleep-related breathing disorders as 20

proposed by the American Dental 21

Association. 22

DR. SEID: 23

Second. 24

[Mr. Maloney advised that the Board should move 25


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forward with a motion to draft its own Policy 1

Statement using the ADA Statement of Policy as a 2

starting point.] 3

DR. DATILLO: 4

Motion is so amended. 5

DR. SEID: 6

Second as amended. 7


Let's open it up for discussion. 9

[The Board held further discussion on the motion, as 10

well as the format and purpose of the Statement of 11

Policy.] 12


Any question on the motion? All of in 14

favor, signify by saying aye. Opposed, 15

same sign. 16

The motion carried unanimously.] 17

*** 18

[Correspondence for the American Academy of Dental 19

Sleep Medicine (AADSM) was noted for discussion 20

regarding its importance to the Board.] 21

*** 22

[The practice of teledentistry and telehealth within 23

the state as a way of reaching out to urban areas and 24

underserved communities, as well as its impact on the 25


12

Board of Dentistry, was discussed. The current 1

legislature on the matter, Senate Bill 780, was 2

noted.] 3

*** 4

[Correspondence from the Commission on Dental 5

Accreditation (CODA) listing dates and locations for 6

on-site evaluation of dental education programs was 7

noted.] 8

*** 9

[The Board's 2019 meeting dates were noted for the 10

Board's information.] 11

*** 12

[The Board also discussed correspondence from the 13

Joint Commission on National Dental Examinations 14

(JCNDE) regarding its efforts to replace the National 15

Board Dental Examination (NBDE) Parts I and II and its 16

impact on the ADEX testing.] 17

*** 18

[The Board recessed from 10:30 a.m. until 10:48 a.m.] 19

*** 20

[Pursuant to Section 708(a)(5) of the Sunshine Act, at 21

10:48 a.m. the Board entered into Executive Session 22

with Kerry E. Maloney, Esquire, Board Counsel, for the 23

purpose of conducting quasi-judicial deliberations. 24

The Board returned to open session at 12:26 p.m.] 25


13

*** 1

MOTIONS: 2


We are back in public session, and I’ll 4

call on Dr. Jaspan. 5

DR. JASPAN: 6

I move to accept the Consent Agreement 7

for File No. 16-46-13981. 8

DR. DATTILO: 9

Second. 10


On the question? 12

13

Hughes, aye; Lugo, aye; Schoenecker, 14

aye; Casey, aye; Fowler, aye; Seid, aye; 15

Sizemore, aye; Sullivan, aye; Jaspan, 16

aye; Dattilo, aye; and Erhard, aye. 17

[The motion carried unanimously. The Respondent's 18

name is Kristin Elizabeth Nelson Russo, D.D.S.] 19

*** 20

DR. DATTILO: 21


for File No. 18-46-00365. 23

DR. SEID: 24

Second. 25


14


On the question? 2

3





[The motion carried unanimously. The Respondent’s 8

name is Heather Elizabeth Clark, D.M.D.] 9

*** 10

DR. SULLIVAN: 11

I move to accept the Consent Agreements 12

for File No. 18-46-001654 and File No. 13

18-46-006024. 14

MS. HUGHES: 15

Second. 16


On the question? 18

19





[The motion carried unanimously.] 24

*** 25


15

DR. JASPAN: 1


for File No. 16-46-07127. 3

MS. FOWLER: 4

Second. 5


On the question? 7

8






name is Chad C. Taylor, D.D.S.] 14

*** 15

MS. SIZEMORE: 16


for File No. 18-46-007449. 18

MS. HUGHES: 19

Second. 20


On the question? 22

23


aye; Casey, aye; Fowler, aye; Seid, 25


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abstain; Sizemore, aye; Sullivan, aye; 1

Jaspan, aye; Dattilo, aye; and Erhard, 2

aye. 3

[The motion carried. Dr. Seid abstained from voting 4

on the motion. The Respondent’s name is Palmer 5

Cotturo, D.D.S.] 6

*** 7

DR. SEID: 8


for File No. 16-46-06412. 10

DR. DATTILO: 11

Second. 12


On the question? 14

15






name is Jonathan William Theis, D.M.D.] 21

*** 22

MS. FOWLER: 23


for File No. 17-46-05937. 25


17

DR. JASPAN: 1

Second. 2


On the question? 4

5






name is Kelley Renee Hagen.] 11

*** 12

DR. CASEY: 13

I move that the Board adopt the Hearing 14

Examiner’s proposed Adjudication and 15

Order in the case of Anthony J. 16

Ermocida, D.M.D., File No. 14-46-13881 17

and direct Board Counsel to prepare the 18

Board’s final Adjudication and Order. 19

DR. SIZEMORE: 20

Second. 21


On the question? 23

24



18





*** 5

MS. SCHOENECKER: 6

In the case of Miranda Whylly Smith, 7

D.D.S., File No. 14-46-14049, I move 8

that Board Counsel be directed to 9

prepare an Adjudication and Order 10

consistent with our discussions in 11

Executive Session. 12

MS. HUGHES: 13

Second. 14


On the question? 16

17






*** 23

DR. LUGO: 24

I move to adopt the Consent Agreement 25


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for File No. 18-46-04226. 1

MS. HUGHES: 2

Second. 3


On the question? 5

6

Lugo, aye; Hughes, aye; Schoenecker, 7





name is Elaine Hoppes-Goroshko, D.D.S.] 12

*** 13

MS. HUGHES: 14

In the case of Julie Ann Miller, R.D.H., 15

File No. 15-46-14072, I move that the 16

Board adopts the final Adjudication and 17

Order. 18

MS. FOWLER: 19

Second. 20


On the question? 22

23

Lugo, aye; Hughes, aye; Schoenecker, 24



20




*** 4

DR. DATTILO: 5

In the case of Andrea P. Kuzma, D.M.D., 6

File No. 15-46-05351, the Board moves to 7

grant the application and direct Board 8

Counsel to draft and issue an order 9

consistent with discussions in Executive 10

Session. 11

MS. HUGHES: 12

Second. 13


On the question? 15

16


aye; Casey, recused; Fowler, aye; Seid, 18

aye; Sizemore, aye; Sullivan, aye; 19

Jaspan, aye; Dattilo, aye; and Erhard, 20

aye. 21

[The motion carried. Dr. Casey recused himself from 22

deliberations and voting on the motion.] 23

*** 24

MS. HUGHES: 25


21

With regards to the application of 1

Valerie Nuyen Rockacy, D.D.S., and 2

Suvendra Vijayan, B.D.S., M.P.H., for a 3

Restricted Faculty Permit, I move that 4

the Board administrator issue a letter 5

in accordance with discussions held in 6

Executive Session. 7

DR. LUGO: 8

Second. 9


On the question? 11

12






*** 18

DR. SULLIVAN: 19

Upon review of the application of Erich 20

Zimmermann, D.D.S., I move that the 21

Board accept his application. 22

MS. SIZEMORE: 23

Second. 24



22

On the question? 1

2






*** 8

DR. SEID: 9

The case of Jessica Marie Huber, D.H., I 10

move to approve the reapplication 11

provided that she is in DMU and direct 12

Board Counsel to direct Board 13

accordingly. 14

DR. SULLIVAN: 15

I second. 16


On the question? 18

19






*** 25


23

MS. SIZEMORE: 1

I move to provisionally deny the 2

application of Julie Anne Kappers, D.H. 3

DR. LUGO: 4

Second. 5


On the question? 7

8






*** 14

DR. SEID: 15

I move to accept the application of 16

Denna Copenhaver. 17

MS. FOWLER: 18

Second. 19


On the question? 21

22





24



*** 3

MS. FOWLER: 4

I move to provisionally deny the 5

application to sit for the EFDA 6

examination of Bambi L. Volpe. 7

DR. SEID: 8

Second. 9


On the question? 11

12






*** 18

Adjournment 19


I would entertain a motion to adjourn. 21

DR. LUGO: 22

So moved. 23

DR. DATTILO: 24

Second. 25


25


This meeting is adjourned. 2

*** 3

[There being no further business, the State Board of 4

Dentistry Meeting adjourned at 12:37 p.m.] 5

*** 6

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CERTIFICATE 11

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I hereby certify that the foregoing summary 13

minutes of the State Board of Dentistry meeting, was 14

reduced to writing by me or under my supervision, and 15

that the minutes accurately summarize the substance of 16

the State Board of Dentistry meeting. 17

18

19

20

Kayla R. Wargo, 21

Minute Clerk 22

Sargent’s Court Reporting 23

Service, Inc. 24

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STATE BOARD OF DENTISTRY 1 REFERENCE INDEX 2

September 14, 2018 3 4 TIME AGENDA 5 6 9:01 Official Call to Order 7 8 9:03 Introduction of Board and Audience 9 10

9:05 Approval of Minutes 11 12 9:06 Report of Prosecutorial Division 13 14 9:23 Report of Board Counsel 15 16 9:39 Status of Regulations 17 18 9:47 Report of Board Chairperson 19 20 9:56 Report of Committees 21 22

10:15 For the Board's Information/Discussion 23 24 10:30 Recess 25 10:48 Return to Open Session 26 27 10:48 Executive Session 28 12:26 Return to Open Session 29 30 12:26 Motions 31 32 12:37 Adjournment 33 34 35

36 37 38 39 40 41 42 43 44 45 46 47

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commonwealth of pennsylvania...sep 14, 2018 · sargent's court reporting service, inc. (814)...

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