OHIO STATE DENTAL BOARD BOARD MEETING - the Ohio State ...

OHIO STATE DENTAL BOARD 

BOARD MEETING 

OCTOBER 14, 2009 

ATTENDANCE ...................................................................................................... 1 

CALL TO ORDER .................................................................................................. 2 

INTRODUCTION OF BOARD MEMBERS ........................................................... 2 

EXECUTIVE SESSION........................................................................................... 2 

OPEN SESSION.............................................................................................................. 3 

REVIEW OF THE AUGUST BOARD MEETING MINUTES ................................. 3 

ENFORCEMENT REPORT .................................................................................... 4 

PERSONAL APPEARANCE(S) ...................................................................................... 4 

MICHAEL D. BABICS, D.D.S. ...................................................................................................... 4 

AMY G. ROBINSON, R.D.H......................................................................................................... 5 

REVIEW OF PROPOSED MOTIONS........................................................................... 7 

REVIEW OF PROPOSED CONSENT AGREEMENT(S) ............................................ 7 

NON-DISCIPLINARY ................................................................................................................... 7 

DISCIPLINARY............................................................................................................................ 8 

JEFFREY M. MELIA, DENTAL ASSISTANT RADIOGRAPHER, CORONAL POLISHING CERTIFICANT, 

EXPANDED FUNCTION DENTAL AUXILIARY.................................................................................................. 8 

AMY G. ROBINSON, R.D.H. ................................................................................................................... 8 

MEERA THUNGA, D.D.S. ....................................................................................................................... 9 

MALCOLM WALTERS, JR., D.D.S. .......................................................................................................... 9 

REVIEW OF PROPOSED NOTICE(S) OF OPPORTUNITY ...................................... 9 

SCOTT B. KALNIZ, D.D.S. .......................................................................................................... 9 

EXECUTIVE SESSION........................................................................................... 9 

OPEN SESSION............................................................................................................ 10 

ENFORCEMENT REPORT (CONTINUED) ........................................................ 10 

ENFORCEMENT UPDATE ......................................................................................... 10 

REVIEW OF LICENSE APPLICATIONS.............................................................. 12 

LICENSURE REPORT.................................................................................................. 12 

DENTAL................................................................................................................................... 12 

DENTAL HYGIENE .................................................................................................................... 13 

DENTAL ASSISTANT RADIOGRAPHER ......................................................................................... 13 

LIMITED CONTINUING EDUCATION LICENSE APPLICATION(S)..................................................... 16 

LIMITED TEACHING LICENSE APPLICATION(S) ........................................................................... 16 

CORONAL POLISHING............................................................................................................... 16 

EXPANDED FUNCTION DENTAL AUXILIARY ................................................................................ 17 

GRADUATE(S) OF UNACCREDITED DENTAL COLLEGE LOCATED OUTSIDE 

THE UNITED STATES LICENSE APPLICATION ......................................................... 18 

REINSTATEMENT LICENSE APPLICATION(S) – NO INTERVIEW .................... 18 

CHRISTOPHER T. JONES, D.D.S. ............................................................................................... 18 

LAURIE J. KIMBALL, R.D.H....................................................................................................... 18 

MARILYN A. MCMURRAY, R.D.H. ............................................................................................ 19 

BONNIE J. NICKERSON, R.D.H. ................................................................................................ 19

KARI J. SHAW, R.D.H. ............................................................................................................. 19 

BARBARA L. SMITH, R.D.H. ..................................................................................................... 19 

AD HOC BOARD OPERATIONS REPORT ......................................................... 20 

ANESTHESIA COMMITTEE REPORT................................................................ 21 

REVIEW OF PROVISIONAL ANESTHESIA PRIVILEGE(S).................................... 21 

REVIEW OF PROVISIONAL CONSCIOUS SEDATION PRIVILEGE(S) ............... 22 

REVIEW OF CONSCIOUS SEDATION PERMIT APPLICATION(S) ..................... 22 

EDUCATION COMMITTEE REPORT ................................................................ 22 

REVIEW OF BIENNIAL CONTINUING EDUCATION SPONSOR 

APPLICATION(S) .............................................................................................................. 22 

REVIEW OF BIENNIAL CONTINUING EDUCATION SPONSOR 2010-2011 

RENEWAL APPLICATION(S) .......................................................................................... 23 

REVIEW OF BIENNIAL CONTINUING EDUCATION SPONSOR 2008-2009 

RENEWAL APPLICATION(S) .......................................................................................... 23 

REVIEW OF SPECIFIC REQUIRED TRAINING COURSE(S)................................. 23 

DENTAL ASSISTANT RADIOGRAPHER INITIAL TRAINING COURSE(S) ............................................ 23 

REVIEW OF SPECIAL REQUEST(S).......................................................................... 24 

CONTINUING EDUCATION COURSE CONSIDERATION REQUEST(S)............................................... 24 

LAW AND RULES REVIEW COMMITTEE REPORT ......................................... 24 

SECRETARY'S EXPENSE REPORT...................................................................... 25 

OFFICE EXPENSE REPORT ................................................................................ 25 

EXECUTIVE DIRECTOR’S REPORT................................................................... 25 

AMERICAN ASSOCIATION OF DENTAL EXAMINERS (AADE) AND AMERICAN 

ASSOCIATION OF DENTAL ADMINISTRATORS (AADA) MEETINGS ................... 25 

AMERICAN ASSOCIATION OF DENTAL EXAMINERS (AADE) ......................................................... 25 

AMERICAN ASSOCIATION OF DENTAL ADMINISTRATORS (AADA) ............................................... 26 

DENTAL/DENTAL HYGIENE LICENSURE RENEWAL.......................................... 27 

ANYTHING FOR THE GOOD OF THE BOARD................................................. 27 

SPECIAL MEETING..................................................................................................... 27 

BOARD POSITION ON SUBHB 215 ......................................................................... 28 

BACKGROUND/MISSION OF THE BOARD .................................................................................... 28 

APPOINTMENT OF VICE-PRESIDENT AND VICE-SECRETARY ......................................................... 29 

ATTORNEY HEARING EXAMINERS .............................................................................................. 29 

SUBPOENAS ............................................................................................................................. 30 

STATUTE OF LIMITATIONS ........................................................................................................ 30 

DISCLOSING INVESTIGATIVE FILE.............................................................................................. 31 

HEARING EXAMINERS............................................................................................................... 32 

GROUNDS FOR DISCIPLINE ....................................................................................................... 32 

DENTIST/DENTAL HYGIENIST RENEWAL .................................................................................... 32 

QUALITY INTERVENTION PROGRAM (QUIP) .............................................................................. 33 

DOUBLE JEOPARDY................................................................................................................... 33 

JULY BOARD MEETING MINUTES - REVISITED............................................. 34 

ADJOURN............................................................................................................ 34


BOARD MEETING 

OCTOBER 14, 2009 

MINUTES 

ATTENDANCE 

The Ohio State Dental Board (Board) met in Room 1960, 19 th Floor of The Vern 

Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio on 

October 14, 2009, beginning at 1:00 p.m. Board members present were: 

Mark T. Armstrong, D.D.S., President 

Billie Sue Kyger, D.D.S., Vice President 

Berta I. Howard, D.D.S., Secretary 

W. Chris Hanners, D.D.S. 

Clifford Jones, R.D.H. 

Lawrence B. Kaye, D.D.S. 

James J. Lawrence 

William G. Leffler, D.D.S. 

Ann E. Naber, R.D.H. 

Linda R. Staley, R.D.H. 

Mary Ellen Wynn Tolly, D.D.S. 

Douglas W. Wallace, D.D.S. 

Ketki B. Desai, D.D.S. was not in attendance. 

The following guests were also in attendance: Katherine Bockbrader, Esq., Assistant 

Attorney General of the Ohio Attorney General’s Office; David Owsiany, J.D., Keith 

Kerns, Esq., and Henry Fields, D.D.S. of the Ohio Dental Association (ODA); Denise 

Bowers, R.D.H. of the Ohio Dental Hygienists’ Association (ODHA); Michele Carr, 

R.D.H., M.A. of the Ohio State University (OSU) Department of Dental Hygiene and 

dental hygiene students; Mark S. Wenzel, D.D.S. of the ODA’s Dentists Concerned For 

Dentists; David Sullivan, M.A., M.Div., CDCA, of the Ohio Physicians Health Program, 

Burnadette Green, CDA, RDH, EFDA, Ed.D. of the Commission on Dental Testing in 

Ohio, Lili Reitz, Esq., Executive Director, Joseph Yonadi, Enforcement Supervisor, Kathy 

Carson and Gail Noble, Dental Board Enforcement Officers, Jayne Smith, Licensing 

Coordinator, and Malynda Franks, Executive Secretary of the Ohio State Dental Board; 

and other guests.


BOARD MEETING MINUTES 

OCTOBER 14, 2009 PAGE 2 

CALL TO ORDER 

Dr. Armstrong extended greetings to everyone and noting that there was a quorum 

present called the meeting to order at 1:10 p.m. 

INTRODUCTION OF BOARD MEMBERS 

Dr. Armstrong introduced himself as the Board President, a general dentist from 

Troy. He then introduced the other Board members: Dr. Billie Sue Kyger, the Board 

Vice President, a general dentist from Gallipolis, Dr. Berta Howard, the Board Secretary, 

a general dentist from Hamilton, Dr. William Leffler, the Board Vice Secretary and a 

general dentist from Massillon, Dr. Larry Kaye, a periodontist from Akron, Dr. Douglas 

Wallace, an oral and maxillofacial surgeon from Fairfield, Dr. Mary Ellen Wynn, a 

general dentist from Cincinnati, Mr. Clifford Jones, a dental hygienist from Cincinnati, 

Ms. Linda Staley, a dental hygienist from Lima, Ms. Ann Naber, a dental hygienist from 

Bellbrook, and Mr. James Lawrence the Board’s public member from Akron. 

Dr. Armstrong noted that Dr. Ketki Desai was not in attendance to the meeting. He 

then introduced Dr. Chris Hanners, a general dentist from Chillicothe, with his apologies 

for inadvertently leaving him off the introductions. 

EXECUTIVE SESSION 

Motion by Dr. Wallace, second by Mr. Lawrence, to move the Board into 

executive session pursuant to Ohio Revised Code Section 121.22(G)(3) to confer 

with counsel on matters that are the subject of pending or imminent court action. 

Roll call vote: 

Dr. Armstrong – Yes 

Dr. Hanners – Yes 

Dr. Howard – Yes 

Mr. Jones - Yes 

Dr. Kaye – Yes 

Dr. Kyger - Yes 

Mr. Lawrence – Yes 

Dr. Leffler – Yes 

Ms. Naber - Yes 

Ms. Staley - Yes 

Dr. Wallace – Yes 

Dr. Wynn - Yes 

Motion carried unanimously.




Dr. Armstrong invited Ms. Reitz, Mr. Yonadi, and Ms. Bockbrader to attend the 

executive session. 

OPEN SESSION 

The Board resumed open session at 1:39 p.m. Dr. Armstrong stated that he had 

previously approved the agenda for the afternoon as presented with the notation that the 

Chair may modify the agenda due to timing constraints or extenuating circumstances. 

REVIEW OF THE AUGUST BOARD MEETING MINUTES 

The Board reviewed the minutes of the August 28, 2009 Board meeting. Ms. Staley 

stated that there was a question as to whether the motion on page 22 was accurate as 

recorded regarding the recommendations from the Ad Hoc Board Operations. She stated 

that during todays Ad Hoc Board Operations meeting the question arose regarding 

whether the paragraph number 5 which indicates a “two (2) year time limit” was 

inaccurately recorded and should have reflected a one-year time limit on Board 

investigations. Discussion followed wherein Mr. Lawrence stated that the question was 

not whether the time limit should be one-year vs. two-year but rather whether any time 

limit had been or even should be stipulated in statute. He stated that it has been 

included within the language of HB 215, however, he felt that it was the understanding 

of some of the Board members that a time frame has been implemented procedurally. 

Mr. Lawrence further stated that there is a question as to whether incorporating this 

language into statute would set the Dental Board apart from other regulatory boards. 

Dr. Kyger stated that it was her impression that it is the recommendation of the 

committee that the Board move forward in placing this in statute. Dr. Armstrong 

indicated that it was the recommendation of the Board’s Assistant Attorney General that 

this language NOT be supported as being drafted into statute. Dr. Kyger commented 

that it was her understanding that a time limit regarding complaints is already included 

in statute and although it is not recommended by the Board’s Assistant Attorney 

General, the Board had decided that this was one area of HB 215 wherein a concession 

could be made. 

Ms. Staley stated that she was only seeking clarification on the motion prior to voting 

to approve them. Mr. Lawrence stated that the Board had talked about the legislation 

on several levels; things that the Board wanted in legislation which would be the 

recommendations from the Assistant Attorney General, things that the Board did not 

want in legislation which should be in rules, and they talked about procedures. Further, 

he stated that everything that had been talked about in the meeting should not 

necessarily be included in the legislation.




Discussion continued as to whether the Board still had access to the notes that were 

taken at the August meeting and whether the Board should consider tabling the approval 

of the August minutes pending review of the meeting notes. 

Dr. Armstrong made the recommendation to the Board to make one of two decisions 

regarding the August minutes. He stated that the Board could choose to postpone 

approval of the minutes indefinitely or until the next meeting to allow Ms. Franks time 

to review the notes from the meeting and provide the Board with the information 

regarding the Board motion and vote. He then stated that the second option that the 

Board could consider would be to make a motion to reconsider the Boards motion 

regarding the Ad Hoc Board Operations recommendations. 

Further discussion ensued wherein it was decided to postpone approval of the 

minutes rather than reconsider the Boards motion regarding committee 

recommendations. 

Dr. Kaye commented that HB 215 does not exist anymore and as such the Board’s 

position its moot. However, he stated that the Board must now develop a position on 

Sub HB 215. 

Motion by Dr. Kyger, second by Dr. Leffler, to postpone voting on approval of 

the August Board meeting minutes indefinitely. 

Motion carried unanimously. 

ENFORCEMENT REPORT 

PERSONAL APPEARANCE(S) 

In the absence of Ms. Noble, Investigator Supervisor, Joseph Yonadi presented the 

background information for the personal appearances. 

MICHAEL D. BABICS, D.D.S. 

Mr. Yonadi stated that Dr. Babics is appearing for his second interview after meeting 

with the Board on August 28, 2009. He stated that Dr. Babics was reinstated to twenty 

(20) hours per week at that time and was asked to appear before the Board at the 

October Board meeting. Mr. Yonadi concluded by informing the Board that Dr. Babics 

has been attending his required meetings and that we have received reports indicating 

that his urine screens have been negative 

Upon questioning by the Board Dr. Babics stated that things have been going pretty 

well for him. He stated that he has been attending five to six (5-6) meetings per week




including caduceus and aftercare. He informed the Board that he has been practicing 

two (2) days per week for seven (7) hours and another day per week for six (6) hours for 

a total of twenty (20) hours. He stated that he has an associate to cover the rest of the 

hours. 

Continuing on, Dr. Babics informed the Board members that he had lost his mother 

during this time and was thankful that he was sober in order to deal with it. He stated 

that had he still been using the Ambien or Xanex he probably would not have handled it 

very well. He stated that he is grateful to be sober and practicing and looks forward to it 

every day. Dr. Babics commented that he was unsure about lifting the limitations of 

only practicing for twenty (20) hours. He stated that he no longer has issues with 

anxiety or panic attacks which were initially the cause of his problems. 

Mr. Lawrence stated that the Board is in favor of lifting the hourly limitations on his 

practice but questioned whether Dr. Babics would be more in favor of limiting his 

practice to thirty (30) hours based on his comments. 

Dr. Babics stated that he would rather the Board release him from the limitations if 

only to allow him to practice during those times when his associate might want to take 

vacations. 

Motion by Mr. Lawrence, second by Mr. Jones, to fully reinstate the license of 

Michael D. Babics, D.D.S. to practice dentistry in the state of Ohio with no 

limitations on the number of practice hours and pursuant to the terms of his 

consent agreement with the Board. 

Motion carried. Dr. Leffler abstained. 

AMY G. ROBINSON, R.D.H. 

Mr. Yonadi informed the Board that Amy Robinson, R.D.H. was appearing before 

the Board for a personal interview in accordance with the Consent Agreement she has 

recently signed. He stated that the Consent Agreement will be considered later during 

the meeting. 

Mr. Yonadi stated that Ms. Robinson originally appeared before the Board in 2007 

after being convicted of Deception to Obtain a Dangerous Drug, a Felony in Franklin 

County. He stated that Ms. Robinson was given probation time for her criminal 

conviction and after satisfying all requirements with the Board, her license was reinstated 

and subject to five (5) years probation. 

Continuing on, Mr. Yonadi informed the Board members that in May, 2009 Ms. 

Robinson notified the Board that she relapsed and that she again was arrested in Licking




County for Deception to Obtain a Dangerous Drug. He explained that she was 

immediately suspended and offered a hearing for violation of her Consent. He stated 

that at the time of immediate suspension, Ms. Robinson went into treatment at The 

Woods at Parkside (Parkside) and completed inpatient treatment. Mr. Yonadi stated 

that Ms. Robinson plead guilty to these charges in September and received three (3) 

years probation. He informed the Board that Ms. Robinson is still waiting to see if she is 

facing any additional criminal charges with Franklin County for violation of her first 

probation. 

Concluding, Mr. Yonadi stated that Ms. Robinson’s new Consent Agreement calls for 

her license suspension to be lifted upon ratification by the Board. However, Mr. Yonadi 

informed the Board members that Ms. Robinson’s appearance has been requested so that 

the Board can speak to her about her most recent actions. 

Upon questioning by the Board, Ms. Robinson stated that she felt blessed at having 

the chance to appear before the them. She stated that she feels tremendous remorse for 

what happened and does a lot of things differently now that she recognizes that she has a 

disease. Ms. Robinson informed the Board that she realizes the severity of the addiction 

and works on it daily along with talking to her sponsor daily. 

Ms. Robinson indicated that she had attended Parkside for the in-patient treatment 

and also does her out-patient treatment there. She stated that she looks forward to her 

continuing care with her drug and alcohol counselor. Ms. Robinson stated that the 

counselor has helped her to learn a lot about herself and her addictions. She stated that 

she attends five (5) meetings per week and sometimes chairs the meetings. Ms. 

Robinson informed the Board that she now does a lot of things which are outside her 

comfort zone. She stated that honesty is a huge thing for her today as she did not 

realize the severity of the addiction and all that comes with it. She stated that she has 

all the tools to help herself and plans to continue using them to remain drug and alcohol 

free. 

Mr. Jones inquired as to what was the trigger that caused her to relapse and which 

tool would she now use to avoid relapse should the same situation occur. Ms. Robinson 

responded that she had a baby in November and there were complications. She stated 

that she had subsequent surgeries in December and February wherein she was not honest 

and forthcoming with her physician about her history of addiction. Ms. Robinson stated 

that she had not thought that her addictive tendencies would “take off” like they did. 

Continuing on, Ms. Robinson stated that now all of her physicians know of her 

history with addiction. She stated that helps in determining what she can and cannot 

use. She stated that honesty is the most important tool for her. Ms. Robinson informed 

the Board members that in addition to tools, she now has a good support group and 

family members whom she can call upon to help her work things out. She concluded by




telling the Board members that the addiction has not been worth all the damage she has 

experienced. 

Dr. Armstrong indicated that Ms. Robinson has signed a consent agreement with the 

Board that they will be reviewing for consideration later in the meeting. 

REVIEW OF PROPOSED MOTIONS 

Motion by Dr. Kyger, second by Ms. Staley, to rescind the proposed notice of 

opportunity for hearing for Jane Dodson, D.D.S., license number 30-017095, case 

numbers 06-18-0690 and 07-18-0497. 

Motion carried. 

REVIEW OF PROPOSED CONSENT AGREEMENT(S) 

The Board reviewed five (5) proposed consent agreements. The names of the 

individuals/licensees were not included in the documents reviewed by the Board. The 

names of the individuals/licensees have been added to the minutes for public notice 

purposes. 

NON-DISCIPLINARY 

Ms. Reitz explained that the first document for review had been included with the 

consent agreements but that it was a bit different in nature. She stated that the 

document was an attestation from a dentist who wants to agree to not physically practice 

clinical dentistry and has not actively practiced dentistry since 2006. She stated that he 

would like to keep his license only in a supervisory capacity for administrative functions 

to keep his practice. 

Ms. Carson further clarified that the dentist in question currently owns a dental 

practice, he does not work in the dental practice but wants to continue to manage or be 

the supervising dental manager of the office. She stated that his intention is to hire 

dentists to perform the clinical functions of the office while he remains in an 

administrative capacity. 

Upon questioning by the Board, Ms. Carson explained that the attestation is being 

offered due to the fact that the dentist is legally blind and therefore he is agreeing that 

he will not clinically practice. Dr. Howard explained that the dentist in question will not 

be directly supervising dental hygienists in his practice but rather he would be 

administrating the practice. Ms. Reitz further explained that under Ohio law, the owner




of the practice must be a currently licensed dentist, however, this dentist’s disability 

precludes him from active clinical practice. 

Motion by Dr. Leffler, second by Mr. Lawrence, to approve the proposed consent 

agreement. 

Discussion followed wherein Dr. Hanners questioned whether signing this consent 

agreement was setting precedent for shell corporations to ultimately set up practices 

throughout the state. Ms. Carson explained that she felt that in this situation this 

dentist in particular was too young to retire his license due to his disability and is seeking 

a resolution to maintain his practice. Further discussion resulted in the Board members 

expressing that this situation be researched fully. Ms. Bockbrader stated that she would 

be happy to research and report back to the Board with additional information. 

Dr. Armstrong informed the Board members that it appeared that there were some 

concerns that required further consideration. He suggested that this document be tabled 

until the next meeting. Ms. Franks pointed out that there was a motion and a second to 

approve this attestation. 

Dr. Leffler withdrew the motion. 

DISCIPLINARY 

JEFFREY M. MELIA, DENTAL ASSISTANT RADIOGRAPHER, CORONAL 

POLISHING CERTIFICANT, EXPANDED FUNCTION DENTAL AUXILIARY 

Motion by Dr. Kyger, second by Dr. Wallace, to approve the proposed consent 

agreement for Jeffrey M. Melia, Dental Assistant Radiographer, Coronal Polishing 

Certificant, Expanded Function Dental Auxiliary, certificate numbers 51-009666 

and CP715, registration number EFDA01262, and case number 08-50-0207. 


AMY G. ROBINSON, R.D.H. 

Motion by Dr. Kyger, second by Dr. Wynn, to approve the proposed consent 

agreement for Amy G. Robinson, R.D.H., license number 31-009558, case 

numbers 07-25-0421. 

Motion carried.




MEERA THUNGA, D.D.S. 

Motion by Dr. Kyger, second by Dr. Wynn, to approve the proposed consent 

agreement for Meera Thunga, D.D.S., license number 30-021827, case number 

09-31-0344. 


MALCOLM WALTERS, JR., D.D.S. 

Motion by Dr. Wallace, second by Mr. Jones, to approve the proposed consent 

agreement for Malcolm Walters, Jr., D.D.S., license number 30-020238, case 

number 05-18-0296. 


REVIEW OF PROPOSED NOTICE(S) OF OPPORTUNITY 

The Board reviewed one (1) proposed notice of opportunity for hearing. The name 

of the individual/licensee was not included in the documents reviewed by the Board. 

The name of the individual/licensee has been added to the minutes for public notice 

purposes. 

SCOTT B. KALNIZ, D.D.S. 

Motion by Mr. Jones, second by Ms. Naber, to approve the proposed notice of 

opportunity for hearing and forward it to Scott B. Kalniz, D.D.S., license number 

30-020857, and case numbers 07-48-0377, 07-48-0578, 08-48-0541, and 08-48- 

0647. 


EXECUTIVE SESSION 

Motion by Dr. Wallace, second by Ms. Staley, to move the Board into 

executive session pursuant to Ohio Revised Code Section 121.22(G)(1) to discuss 

the investigation of charges or complaint against a public official. 



Dr. Hanners – Yes 

Dr. Howard – Yes








Dr. Leffler – Yes 


Ms. Staley - Yes 




Dr. Armstrong invited Ms. Bockbrader to attend the executive session. 

OPEN SESSION 

The Board resumed open session at 3:24 p.m. Dr. Armstrong stated that the Board 

would now continue its regular agenda with . 

ENFORCEMENT REPORT (CONTINUED) 

ENFORCEMENT UPDATE 

Mr. Yonadi informed the Board that there were six (6) cases pending hearings, of 

which all have been assigned to a hearing examiner and one (1) has been scheduled. He 

informed the Board that we still have two (2) cases under appeal and that there are 

currently thirty (30) licensees under suspension. He informed the Board members that 

we have three (3) cases still active in QUIP with one (1) case pending. 

Mr. Yonadi informed the Board that we currently have one hundred forty-one (141) 

complaints assigned to investigators and that there are fifty-three (53) cases which have 

been investigated and reviewed by the Board Secretary and are recommended to be 

closed. 

Due to the requirement in Chapter 4715.03(D) of the Ohio Revised Code, that "The 

board shall not dismiss any complaint or terminate any investigation except by a 

majority vote of its members,..." Mr. Yonadi reviewed the cases to be closed with the 

Board. 

The following cases are recommended to be closed: 

07-80-0203 Impairment 08-18-0225 Infection Control




09-60-0074 Prescirbing-Warning 

09-41-0098 Standard Of Care 




09-77-0184 Dentures 








09-18-0223 Standard/Inf Control 

09-76-0218 Infection Control/ 

Warning 







09-12-0253 Standard Of Care/ 

Warning (3) 



Conduct 

09-78-0262 Adverse Ocurrence 




09-50-0284 Adverse Occurrence 



09-13-0292 Advertising 

09-57-0298 Impairment 






09-09-0312 Adverse Occurrence 




Dentures 


09-05-0318 Unlicensed Practice 

09-25-0321 Conduct 

09-31-0331 Records 




09-39-0323 Conduct 


Prior to the vote to close the above listed cases, Dr. Armstrong inquired as to whether 

any of the Board members had any personal knowledge that the cases that were being 

voted on today involve either themselves or a personal friend. 

Roll call: 

Dr. Armstrong – No 

Dr. Hanners – No 

Dr. Howard – Abstain 

Mr. Jones - No 

Dr. Kaye – No 

Dr. Kyger - No 

Mr. Lawrence – No 

Dr. Leffler – Abstain 

Ms. Naber - No 

Ms. Staley - Absent




Dr. Wallace – No 

Dr. Wynn - No 

Dr. Hanners left the meeting. 

Dr. Armstrong then called for a motion to close the cases. 

Motion by Dr. Kaye, second by Dr. Wallace, to close the above fifty-three (53) 

cases. 



Dr. Howard – Abstain 





Dr. Leffler – Abstain 


Ms. Staley - Absent 




REVIEW OF LICENSE APPLICATIONS 

LICENSURE REPORT 

Jayne Smith, Licensure Coordinator, had prepared a report of the licenses issued since 

the August 28, 2009 meeting, for Board member review. 

DENTAL 

Motion by Dr. Wallace, second by Dr. Kyger, to approve the licensure report 

for the following dental licenses issued by North East Regional Board, Inc. 

(NERB) examination: 

Peter J. Ahn 

Titilola O. Anya 

Taghreed As-Sanie 

Nicholas T. Bushey 

Elisa M. Caloca 

Caroline P. Carruth 

David J. Crozier 

Shanee' A. Edmonds 

Michael P. Girskis 

Victor B. Kulick




Kristin K. McNamara 

Michael S. Monto 

Anupama Palakodeti 

Kyle W. Reynolds 

Stephen J. Riedy 

Suhyun Rue 

Corey J. Schumer 

Shazia M. Sheikh 

Shannon C. Skiba 

Jeremy K. Troxler 

Linda Zhang 

Motion carried. Ms. Staley was absent. 

DENTAL HYGIENE 

Motion by Dr. Wallace, second by Dr. Kyger, to approve the licensure report 

for the following dental hygiene licenses issued by North East Regional Board, 

Inc. (NERB) examination: 

Sharon E. Arthur 

Margaret K. Babics 

Carla J. Bloch 

Britney N. Brown 

Ashelle M. Church 

Erika M. Cline 

Jennfer R. Dulik 

Elizabeth A. Eldridge 

Rachael L. George 

Nicole M. Giovanni 

Kayla D. Haney 

Mary M. Harmon 

Morgan M. Hill 

Heather D. Hollon 

Rosshaunn L. Hollon 

April L. Jacobsen 

Kelly S. Kimmel 

Cassie M. Lee 

Kay L. McCarty 

Melinda D. Osborne 

Callie M. Pack 

Kylene Patrizi 

Angela Roberts 

Catherine Sargent 

Ilona Sestak 

Jessica R. Stanga 

Stephanie D. Stringfield 

Emily J. Stuart 

Rachel M. Taylor 

Andrea C. Westgerdes 

Mandy R. Wingate 


DENTAL ASSISTANT RADIOGRAPHER 

Motion by Dr. Wallace, second by Ms. Naber, to approve the licensure report 

for the following dental assistant radiographer licenses issued by: acceptable 

certification or licensure in another state, certification by the Dental Assisting 

National Board (DANB) or the Ohio Commission on Dental Assistant 

Certification (OCDAC), or successful completion of the Board-approved 

Radiography course:




Abdinasir Abdinoor 

Angel Alban 

Tara Allen 

Klia Allmond 

Zuhra Aziz 

Tiffany Bailey 

Teryan Barger 

Nicole Barker Lockerby 

Jeannine Barrett 

Melanie Baum 

Kathryn Beal 

Erna Becirovic 

Ashley Beckwith 

Jackie Bell 

Amanda Bentley 

Lauren Bettin 

Betty Black 

Brandy Boatright 

Ashley Boyle 

Amber Bradford 

Amanda Branscomb 

Sally Brink 

Maurina Brooks 

Abby Brose 

Enjoli Brown 

Paige Brown 

Rebekah Brown 

Michelle Burke 

Nikia Burns 

Susan Callahan 

Lafrances Carr 

Carmen Casebolt 

Vivian Chalfant 

Jessica Christian 

Victoria Chriszt 

Nicole Coberly 

Jennifer Cook 

Cheryl Cooper 

Debra Cooperider 

Jennifer Crager 

Kristin Crowther 

Jessie Damewood 

Marisol Delgado 

Donna Demange 

Adriana Derosett 

Brooke Dillon 

Megan Eckelbarger 

Cheryl Edington 

Carmen Eldridge 

Dana Farage 

Lindsay Fawley 

Christy Fay 

Melissa Ferrell 

Erika Free 

Shireen Frugh 

Trisha Gabbei 

Courtney Gearheart 

Tyler George-Price 

Kelly Gibbons 

Nancy Gibson 

Paula Grabarczyk 

Megan Graves 

Megan Greene 

Barsha Gurung 

Brooke Haggard 

Tiffany Hahn 

Ashley Hammond 

Chelsea Hammond 

Nicole Hanlin 

Darryle Harris 

Haylie Harris 

Sherrie Heckathorn 

Daniel Heffernan 

Rebecca Heighton 

Angel Henderson 

Penny Henry 

Sarah Heysek 

Shana Hlas 

Mallory Hoag 

Ashley Homistek 

Dashala Horton 

Donna Howe-Boston 

Asia Hudson 

Kelly Huffine




Heather Hurst 

Reem Husein 

Vita Jackson 

Mona Jamal 

Jordan Job 

Alice Johnson 

Jami Jones 

Monica Jones 

Samantha Jones 

Calvin Jones Iii 

Christy Keene 

Jessica Kennell 

Stephanie Kerr 

Tanya Kinda 

Kayla Kipp 

Candyce Kirby 

Angela Kleier 

Sarah Kuebler 

Jessica Kuharik 

Pamela Kunkler 

Susan Lahman 

Aritza Laston 

Angel Lindsay 

Kelly Little 

Jenny Lynch 

Sara Maier 

Jessica Martin 

Rebecca Martin 

Valerie Marzenski 

Ashley McElderry 

Cynthia McMahan 

Jenny Miller 

Steffani Miller 

Georgia Minniefield 

Pamela Moody 

Amber Morgan 

Carrie Moss 

Jessica Murray 

Alese Nemeth 

Ruby Netral 

Rondalyn Neubeck 

Judy Neville 

Kayla Ogden 

Darcie Ohara 

Madison Ollam 

Linda Onail 

Jennifer Pacheco 

Whitney Packard 

Leslie Papp 

Angela Parks 

Aneudy Perez 

Shannon Perry 

Manida Phomsavanh 

Heather Pinkston 

Jamie Powers 

Amy Querry 

Amanda Rahe 

Erin Read 

Marlene Roberto 

Ashley Robertson 

Ashley Robilotta 

Jean Robinson 

Jill Robinson 

Tiffani Robinson 

Ray Ruiz 

Sumer Rush 

Virginie Sanchez 

Devon Saunders 

Samantha Schlatter 

Alisha Schooley 

Jennifer Scorziell 

Emily Shaw 

Veronica Shockey 

Erica Sims 

Natasha Sims 

Erica Smith 

Torri Smith 

Jovita Snelling 

Jeannie Spatharos 

Kadie Stamper 

Tracy Sucharzewski 

Necole Sykes 

Kelli Taylor 

Melissa Thacker 

Shannon Thompson 

Amanda Timberlake




Rhonda Trussell 

Diana Tufts 

Kelly Uhlmansiek 

Sarah Walker 

Amber Ward 

Ashley Warner 

Heather Watts 

Jill Weekley 

Tammy Wene 

Gracy Wern 

Chelsea Wharton 

Lauria Whitaker 

Jamie Williams 

Jamie Williams 

Amy Wilson 

Stephanie Wilson 

Katie Wintrow 

Kathryn Wohlwend 

Theresa Woods 

Elizabeth Wurst 

Joseph Yong 

Angela Zimmerman 

Lisa Ziolkowski 

Makenzie Zocolo 

Jennifer Zubricky 


LIMITED CONTINUING EDUCATION LICENSE APPLICATION(S) 

Motion by Dr. Wallace, second by Ms. Naber, to approve the licensure report 

for the following limited continuing education license: 

Ronald L. Receveur 


LIMITED TEACHING LICENSE APPLICATION(S) 

Motion by Dr. Wallace, second by Mr. Lawrence, to approve the licensure 

report for the following limited teaching license: 

Burak Yilmaz 

Wisam T. Al-Rawi 

Elisandra Reyes-Perez 


CORONAL POLISHING 

Motion Dr. Wallace, second by Mr. Jones, to approve the licensure report for 

the following coronal polishing certificates issued by: certification by the Dental 

Assisting National Board (DANB) or the Ohio Commission on Dental Assistant




Certification (OCDAC) and completion of the requirements necessary to obtain 

certification: 

Patricia A. Blue-Boswell 

Connie S. Borelli 

Paige L. Calvin 

Sherie R. Carpenter 

Kelly R. Coldiron 

Angela D. Contos 

Ashly R. Draz-Grubiss 

Dana M. Eppele 

Amy L. Evans 

Kamela H. Fisher 

Jessica A. Hammonds 

Candice M. Harkness 

Mallory M. Hoag 

April R. Hunt 

Pamela A. Jackson 

Alyssa M. Johnson 

Sharon M. Kurtz 

Jourdan L. Madigan 

Belinda G. Mink 

Jennifer L. Orbegozo 

Gaurangkumar M. Patel 

Shelley K. Reece 

Patricia L. Rigney 

Shannon M. Smith 

Bobbi J. Speicher 

Anna N. Tackett 

April D. Vastbinder 

Ramona L. Wade 


EXPANDED FUNCTION DENTAL AUXILIARY 

Motion by Mr. Jones, second by Dr. Wallace, to approve the licensure report 

for the following expanded function dental auxiliary registrations issued by: 

certification by the Dental Assisting National Board (DANB) or the Ohio 

Commission on Dental Assistant Certification (OCDAC) and completion of the 

requirements necessary to obtain registration: 

Sara Allen 

Jennifer J Bennett 

Lisa M Bomia 

Mary Brown 

Stephanie Brunger 

Rebecca D Caplinger 

Rachel Clements 

Shawna Coleman 

Sarah Creech 

Jennifer R Della Bella 

Rebecca L Dilley 

Ashley Dotson 

Ashley Elekonich 

Michelle M Fantone 

Andrea Finck 

Candice M Harkness 

Kimberly A Heath 

Jennifer L Heist 

Kathleen P Holp 

Heidi L Johnson 

Shannon Kennedy 

Peggy J Larkins 

Shawna L Leonhard 

Kate L Malavite 

Kari L Malone 

Kelly Ann Martin 

Laura E McBride 

Robyn McKeever 

Erin P McMurray 

Amanda Mitch




Kara Moczulski 

Amy J Mowrer 

Jennifer L Petrash 

Angela Rajauskas 

Arminda Risbon 

Gina L Roberts 

Shannon E Rothan 

Cheryl J Schroeder 

Tammy J Taylor-Wells 

Kimberly C Trimble 

Nicole Uhl 

Melody K Vidal 

Josephine D Walker 

Stephanie Wallace 

Natasha V Welsh 

Megan J Wilkin 

Deborah J Wilson 


GRADUATE(S) OF UNACCREDITED DENTAL COLLEGE 

LOCATED OUTSIDE THE UNITED STATES LICENSE 

APPLICATION 

Motion by Dr. Wallace, second by Mr. Jones, to approve the following license 

issued by graduation from an unaccredited dental college located outside the 

United States. 

Dr. Yazan B. Al-Madani 


REINSTATEMENT LICENSE APPLICATION(S) – NO INTERVIEW 

CHRISTOPHER T. JONES, D.D.S. 

The Board reviewed and considered the licensure information for Christopher T. 

Jones, D.D.S. that was prepared by Ms. Smith. 

Motion by Dr. Wallace, second by Ms. Naber, to approve Dr. Jones’ 

reinstatement application for dental licensure in the state of Ohio. 


LAURIE J. KIMBALL, R.D.H. 

The Board reviewed and considered the licensure information for Laurie J. Kimball, 

R.D.H. that was prepared by Ms. Smith.




Motion by Dr. Kyger, second by Dr. Wynn, to approve Ms. Kimball’s 

reinstatement application for dental hygiene licensure in the state of Ohio. 


MARILYN A. MCMURRAY, R.D.H. 

The Board reviewed and considered the licensure information for Marilyn A. 

McMurray, R.D.H. that was prepared by Ms. Smith. 

Motion by Ms. Naber, second by Dr. Kyger, to approve Ms. McMurray’s 



BONNIE J. NICKERSON, R.D.H. 

The Board reviewed and considered the licensure information for Bonnie J. 

Nickerson, R.D.H. that was prepared by Ms. Smith. 

Motion by Ms. Staley, second by Dr. Wynn, to approve Ms. Nickerson’s 



KARI J. SHAW, R.D.H. 

The Board reviewed and considered the licensure information for Kari J. Shaw, 

R.D.H. that was prepared by Ms. Smith. 

Motion by Dr. Wynn, second by Ms. Naber, to approve Ms. Shaw’s 



BARBARA L. SMITH, R.D.H. 

The Board reviewed and considered the licensure information for Barbara L. Smith, 

R.D.H. that was prepared by Ms. Smith.




Motion by Mr. Jones, second by Dr. Kyger, to approve Ms. Smith’s 



AD HOC BOARD OPERATIONS REPORT 

Dr. Kaye reported that the Ad Hoc Board Operations had held a special meeting on 

September 18, 2009 to discuss HB 215. He stated that the meeting had been well 

attended with representatives from Representatives Letson and Mecklenborg’s offices, 

the House Democratic and Republican Caucuses, the Ohio Dental Association, and the 

Ohio Dental Hygienists’ Association. He expressed his thanks to the Ad Hoc Board 

Operations members who were able to attend that special meeting. Dr. Kaye stated that 

a report from that meeting had been distributed to all the Board members for their use. 

He stated that the Ad Hoc Board Operations members had met again this morning. Dr. 

Kaye explained that the former report had been addressing HB 215 and that 

unfortunately that bill was no longer in existence due to the introduction of SubHB 215. 

Motion by Dr. Kaye, second by Mr. Jones, that the Board President, Dr. 

Armstrong, utilize former testimony and other information to formulate a 

position statement regarding SubHB 215. 

Discussion followed wherein Dr. Leffler stated that he would speak against the 

motion due to the fact that there are many unresolved questions that the Board does not 

have answers to, specifically the financial implications of some of the 

changes/recommendations that are involved. He stated that it is his belief that there is 

not a general consensus among the Board members at this time to make a position 

statement. In addition, he commented that he felt it was unnecessary at this time. 

Dr. Armstrong stated that it was his understanding that the motion was requesting 

that he, as Board President, formulate a new Board Position based on former discussions 

and testimony regarding HB 215. 

Mr. Lawrence spoke in favor of the motion due to his feeling that there is limited 

time to prepare a new Board Position in the event of the opportunity to provide 

testimony on the SubHB 215. He stated that the Board already has a general position 

on HB 215 and that SubHB 215 has not changed significantly that Dr. Armstrong could 

not use former testimony to develop a new position statement in regards to SubHB 215. 

Dr. Kaye spoke in support of the motion because he felt that the previous voting 

regarding HB 215 effectively expressed the Boards’ Position and that SubHB 215 has 

not changed substantially in that regard. He stated that the Board Operations members




had met and gave a pretty extensive report regarding their discussions. Dr. Kaye stated 

that the testimony provided by Dr. Armstrong paralleled the decisions/discussions from 

the meeting. He stated that if there are some specific points of contention regarding 

SubHB 215 then the Board should state them now in order that Dr. Armstrong can 

move forward on a new Board Position. He concluded by stating that the vast majority 

of the Boards position have been previously approved. 

Dr. Armstrong stated that it was unfortunate he was unable to attend the Board 

Operations meeting earlier and commented that with regards to testimony he would be 

completely handcuffed without a current position on SubHB 215. He stated that with 

the Bill moving out of Committee he would only have three to four (3-4) days or at most 

a week to submit Board testimony on the new Bill. Continuing on, Dr. Armstrong 

informed the Board members that Representatives Letson and Mecklenborg expressed 

their appreciation with the fact that he, as Board President, was willing to testify to 

everything that Ms. Reitz had formerly expressed. He stated that somehow he had given 

the position more credence. Dr. Armstrong stated that at this point he would not like to 

go back without testimony or a position. 

Dr. Leffler commented that Dr. Armstrong did an excellent job in providing 

testimony and stated that he had read Dr. Armstrong’s testimony and felt it was very 

well spoken. However, he stated that he felt that there are some unresolved issues, that 

he is not opposed to coming up with a new position, but feels that Dr. Armstrong should 

be involved in those discussions in order to develop a new Board Position on Sub HB 

215. 

Motion failed due to lack of majority. Dr. Kaye, Mr. Jones, Dr. Wallace, Dr. 

Armstrong, and Mr. Lawrence in support of the motion. Dr. Leffler, Ms. Staley, Dr. 

Kyger, Dr. Wynn, and Ms. Naber in opposition of the motion. Dr. Howard abstained. 

Dr. Hanners and Dr. Desai were absent. 

ANESTHESIA COMMITTEE REPORT 

REVIEW OF PROVISIONAL ANESTHESIA PRIVILEGE(S) 

Dr. Wallace stated that the following individuals have applied for Anesthesia permits. 

He explained that the Anesthesia Committee has reviewed the application and the 

applicants are recommended to receive provisional privileges: 

Dr. John D. Basile – Ashtabula, Ohio 

Dr. Cang T. Huynh – Columbus, Ohio 

Dr. Ming Yu – Beavercreek, Ohio




REVIEW OF PROVISIONAL CONSCIOUS SEDATION 

PRIVILEGE(S) 

Dr. Wallace stated that the following individuals have applied for Conscious Sedation 

permits. He explained that the Anesthesia Committee has reviewed the applications and 

the applicants are recommended to receive provisional privileges: 

Dr. Jonathan D. Conover 

- Intravenous 

Dr. Nishant Joshi 

- Intravenous 

Dr. Brian Mooney 

- Intravenous 

Dr. Robert Smith 

- Intravenous 

REVIEW OF CONSCIOUS SEDATION PERMIT APPLICATION(S) 

Dr. Wallace stated that the following individual has applied for a Conscious Sedation 

permit. He explained that the Anesthesia Committee has reviewed the application, an 

evaluation has been performed and the applicant is recommended to receive a conscious 

sedation permit: 

Dr. Amir Hashemi 

- Intravenous 

Motion by Dr. Kyger, second by Dr. Wynn, to accept the Anesthesia 

Committee recommendations and approve the above applicants to receive 

privileges and permits. 


EDUCATION COMMITTEE REPORT 


APPLICATION(S) 

Ms. Staley stated that the following individuals/organizations have applied for 

approval as biennial sponsors of continuing education for the years 2008-2009 and have 

been recommended for approval by the Education Committee: 

Jackie Berkowitz, D.D.S, M.S.




Funky’s No Name Study Club 


2010-2011 RENEWAL APPLICATION(S) 

Ms. Staley stated that the following individual/organization has applied for renewal as 

a biennial sponsor of continuing education for the years 2010-2011 and has been 

recommended for approval by the Education Committee: 

The Academy of Contemporary Dentistry 


2008-2009 RENEWAL APPLICATION(S) 

Ms. Staley stated that the following individuals/organizations has applied for 

approval as biennial sponsors of continuing education for the years 2010-2011 and have 

been recommended for approval by the Education Committee: 

Fernando Martinez, D.D.S., M.S.D. 

Northeast Orthodontics – Dr. Allen Weber and Dr. Kinnith Morris 

REVIEW OF SPECIFIC REQUIRED TRAINING COURSE(S) 

DENTAL ASSISTANT RADIOGRAPHER INITIAL TRAINING COURSE(S) 

Ms. Staley stated that the following organization has submitted a request for 

approval of two (2) training curriculums for the Dental Assistant Radiographer Initial 

Training Course to allow for certification in radiography for the dental assistant. Ms. 

Staley stated that the following course has been reviewed and is recommended for 

approval by the Education Committee: 

Ross Medical Education (2 locations) 

- “Dental Radiography and Clinical Procedures” 

Motion by Ms. Naber, second by Mr. Jones, to accept the Education 

Committees recommendations and approve all the above applications and 

requests. 

Motion carried. Dr. Wallace was absent. 

Ms. Franks pointed out that the Renewal Application for Biennial Sponsorship of 

Continuing Education submitted by Fernando Martinez, D.D.S., M.S.D. and Northeast




Orthodontics were for the 2008-2009 biennium and not the 2010-2011 biennium as 

previously reported by Ms. Staley. 

Motion by Dr. Kyger, second by Ms. Naber, to reconsider the Education 

Committee’s report. 


REVIEW OF SPECIAL REQUEST(S) 

CONTINUING EDUCATION COURSE CONSIDERATION REQUEST(S) 

Ms. Staley informed the Board that the Education Committee had received requests 

for review and consideration of dental and/or dental hygiene continuing education for 

the following courses: 

Institute for Natural Resources 

“Anger, Anxiety and Hypertension” 

Ms. Staley informed the Board that the Committee had the opportunity to review 

this course and its content and recommends that the course be denied based on the 

guidelines set forth in Board statute, rule and policy. 

Motion by Dr. Kyger, second by Ms. Naber, to accept the Education 

Committees revised recommendations and approve all the above applications. 


LAW AND RULES REVIEW COMMITTEE REPORT 

Ms. Reitz informed the Board members that the Law and Rules Review Committee 

met earlier today to continue their review of rules for this year. She stated that the 

Committee confirmed the recommended changes to the Enforcement rules that were 

suggested at its last meeting in July. Ms. Reitz said that Dr. Merrill and Ms. Green of 

the Commission on Dental Testing were in attendance to present their recommended 

changes to the Expanded Function Dental Auxiliary (EFDA) rules and explained how 

these changes would help to clarify the requirements to become an EFDA. Ms. Reitz 

stated that in addition to the proposed changes to the EFDA rules, the Committee 

reviewed recommended changes to the Infection Control Rules that were suggested by 

Kathy Carson (Enforcement Officer) and Chris Moore of the ODA.




Concluding, Ms. Reitz informed the Board members that the Committee would be 

preparing all the recommended changes for the Board’s review and consideration for 

initial filing with JCARR at its December Meeting. She commented that the Committee 

will not meet again until February. 

SECRETARY'S EXPENSE REPORT 

Dr. Howard attested to the Board that she had spent in excess of twenty (20) hours 

per week attending to Board business. 

Motion by Dr. Kyger, second by Dr. Wynn, to approve the Secretary's expense 

report. 


OFFICE EXPENSE REPORT 

The report of the Board expenditures was reviewed. 

Motion by Ms. Staley, second by Dr. Kyger, to approve the expense report and 

approve payment of the August and September, 2009 Board bills. 


EXECUTIVE DIRECTOR’S REPORT 

AMERICAN ASSOCIATION OF DENTAL EXAMINERS (AADE) 

AND AMERICAN ASSOCIATION OF DENTAL ADMINISTRATORS 

(AADA) MEETINGS 

AMERICAN ASSOCIATION OF DENTAL EXAMINERS (AADE) 

Ms. Reitz distributed copies of her “AADA/AADE Annual Meeting Report” for Board 

member review. She stated that the AADE Executive Council met for a full day on the 

first day of the meetings, Tuesday, September 29, 2009. She stated that she attended 

the meeting as the first Administrator to serve on the council. Ms. Reitz informed the 

Board that she had provided a report to the Council as Chair of the Constitution and 

By-Laws Committee. However, she indicated that she was unable to report on the 

specifics of the meeting due to confidentiality.




Ms. Reitz informed the Board that the regular meeting of the AADE was held on 

September 30 – October 1, 2009. She said that there were presentations regarding 

prescribing medications in the dental office and a preview of the ADA airway emergency 

management course. Ms. Reitz informed the Board members that the AADE’s 

Guidelines on the Dental Patient Record was also presented. She indicated that she had 

assisted in drafting the guidelines. 

Continuing on, Ms. Reitz stated that she had attended the Reference Committee and 

as an AADE Officer, had spoken to the Committee in support of a name change to the 

“Federation of State Dental Boards”. She stated that there was discussion both for and 

against the name change. Ultimately, Ms. Reitz informed the Board that the AADE 

voted from the floor to change the name to the “American Association of Dental Boards” 

(AADB). 

Ms. Reitz said that the AADB formulated a resolution to remain involved and 

continue to pursue one national licensure examination. She stated that the AADE floor 

voted to allow an AADA representative to serve as an advisory member to the AADE 

Executive Council. Ms. Reitz indicated that she had been appointed as that 

representative. 

Ms. Reitz stated that during the Attorney Roundtable meeting, the following topics 

were presented to the group and discussed: 

• Joint degrees, DDS/MD, scope, limitations, jurisdiction for discipline; 

• Sedation/Anesthesia monitoring; 

• Expansion of Dental hygienists performing restorative work; 

• Presentation by DOCS; and 

• Prosecutions: Issues involving simultaneous administrative and criminal 

actions. 

Ms. Reitz stated that the attorneys all participated in a skit presentation to the full 

assembly. She stated that it was a humorous and informative presentation on “What Do 

I Do Now”. 

AMERICAN ASSOCIATION OF DENTAL ADMINISTRATORS (AADA) 

Ms. Reitz continued by informing the Board members that the AADA meeting was 

held on October 2-3, 2009 and she served as Immediate Past President. She stated that 

Harold Crossley, D.D.S., Ph.D from Maryland had provided an excellent presentation on 

the pathophysiology of addiction and its role in dentistry. She stated that his 

presentation was followed by Dr. Hill’s presentation, “Oral Health Enrichment: An 

Enforcement Tool for Dental Boards”. Ms. Reitz stated that she had introduced Dr. 

Hills and he explained what Oral Health Enrichment (OHE) was and how it has been




utilized in Ohio and other states. She commented that several states were interested in 

OHE and will be following up with herself and Dr. Hills for more information. Ms. 

Reitz stated that following Dr. Hills presentation, some of the members spoke to the 

impact of the current economy on the boards and the practice of dentistry. Specifically, 

she stated that they discussed how board operations were affected, how the economy was 

expanding the role of the expanded function dental auxiliary (EFDA), and the economy’s 

effect on dental practices. 

Continuing on, Ms. Reitz informed the Board members that the second day of the 

AADA meeting was spent primarily in roundtable discussions wherein each Executive 

Director/Administrator shared what was going on in their respective states. She 

indicated that there were nineteen (19) states represented and noted that Kentucky had 

brought their whole staff to the meeting. She stated that after the roundtable 

discussions there was a presentation on the new cone beam diagnostic tool. 

Concluding, Ms. Reitz stated that they held their annual business meeting wherein 

new officers were elected. She then expressed her thanks to the Board members for 

allowing her the opportunity to attend this meeting as a representative of the Ohio State 

Dental Board. 

DENTAL/DENTAL HYGIENE LICENSURE RENEWAL 

Ms. Reitz informed the Board members that on Monday of the following week the 

renewal letters would be going out to all currently licensed dentists and dental hygienists. 

She stated that they have completed the updates to the on-line renewal and should start 

renewing licenses by the end of the next week. 

ANYTHING FOR THE GOOD OF THE BOARD 

SPECIAL MEETING 

Dr. Kaye inquired as to the procedure for public notices for a special meeting of the 

Board. Ms. Franks explained that notices to the public for a special meeting only require 

twenty-four (24) hour notice. 

Dr. Armstrong stated that he had to express his disappointment in regards to the 

Board’s non-position on SubHB 215. He clarified that the Board is now at the complete 

mercy of everyone else who has a voice in this regard. Dr. Armstrong stated that until 

the Board developed a new position, he cannot testify to any position. He commented 

that unless the members do something quickly, they will have to sit back and watch this 

Bill be molded by other interested parties and not be able to do anything about it.




Dr. Kyger commented that the members just wanted Dr. Armstrong to testify from a 

unified position and just felt that the members were not there yet. Dr. Armstrong stated 

that the previous vote indicated that there was not a unified position. 

Dr. Wynn referenced an earlier discussion wherein it was her understanding that the 

next time that the Board could provide testimony on this Bill would be at the Senate. 

However, she stated that it was her understanding that the House could change the Bill 

that we currently have and vote. Ms. Reitz stated that the situation Dr. Wynn was 

referring to was highly unlikely. However, she stated that, as with the first introduction 

with HB 215, the Bill was introduced and most if not all of the testimony had been 

heard within seven (7) days. Ms. Reitz indicated that difficulty arises when the Board 

does not have a position ready to testify and this could/would be a similar situation. 

Mr. Jones commented that another downside to this situation is that without a Board 

position, the Board and its members cannot go forth and educate the Senators. Ms. 

Reitz concurred that was the same problem that the Board had initially with HB 215. 

Mr. Lawrence pointed out that there was no position to discuss should other members of 

the House contact Board members in this regard. 

Discussion followed wherein it was decided that those Board members who could 

remain at the meeting would continue their discussions regarding SubHB 215 rather 

than schedule a special meeting of the Board on a future date. 

Dr. Armstrong called a ten (10) minute recess. 

The Board returned to open session at 4:30 p.m. Dr. Armstrong, Dr. Howard, Dr. 

Leffler, Ms. Staley, Dr. Kyger, Dr. Wynn, Dr. Kaye, Dr. Wallace, and Ms. Naber were in 

attendance. 

Noting that a quorum of the Board was in attendance, Dr. Armstrong continued the 

discussion on the Board’s position of SubHB 215. 

Katherine Bockbrader, Esq., Assistant Attorney General, David Owsiany, J.D. and 

Keith Kerns, Esq., of the Ohio Dental Association, and Joseph Yonadi, Enforcement 

Supervisor and Malynda K. Franks of the Ohio State Dental Board were also in 

attendance. 

BOARD POSITION ON SUBHB 215 

BACKGROUND/MISSION OF THE BOARD 

Dr. Armstrong began by stating that they would be using the document of his 

testimony to the House Health Committee as a guideline and proceed through it item by




item. He then asked if any of the Board members had any discussions regarding page 3 

of the testimony regarding background of the Board, etc. There being none, Dr. 

Armstrong moved on to page 4. 

APPOINTMENT OF VICE-PRESIDENT AND VICE-SECRETARY 

Dr. Armstrong stated that the new version of the Bill eliminates the “Supervising 

Investigatory Panel” and includes language on the addition of the Vice-President and 

Vice-Secretary positions to assist in the investigation of complaints. Dr. Wynn 

reiterated on an earlier conversation during the Ad Hoc Board Operations meeting, by 

stating that it was her understanding that they want two (2) people, specifically Board 

members to review all the investigatory information. A brief discussion ensued wherein 

Dr. Leffler pointed out that this is already in effect with the Board and therefore has 

already been accepted in that the Board appoints both a Vice-President and a Vice- 

Secretary with the Vice-Secretary participating in investigations. 

ATTORNEY HEARING EXAMINERS 

Dr. Armstrong moved on to the next paragraph regarding hearing examiners. He 

stated that in SubHB 215 the number of hearing examiners has been reduced from the 

original mandate of ten (10), in HB 215, to five (5). Dr. Leffler commented that he felt 

the Board should fight for as few as possible due to financial considerations. Discussion 

followed wherein it was suggested to compromise by countering with two (2) positions 

based on the number of hearings the Board holds per year. Dr. Kyger commented that 

this is a negotiation and therefore she felt that by suggesting three (3) hearing examiners 

would show the legislature that the Board is willing to negotiate. Questions arose as to 

whether the current version of the Bill indicates that the hearing examiners are to be 

full-time employees of the Board and/or the qualifications required to be hearing 

examiners. Mr. Kerns expressed that these two (2) factors alone would suggest that the 

Board should request specific clarification regarding these points. Dr. Armstrong noted 

that the consensus of the members was to recommend three (3) part-time attorney 

hearing examiners. 

Ms. Bockbrader stated that she would take a look at the statute with regards to the 

“state classification” prior to final position statement being taken. Dr. Kaye suggested 

that the Board position on the rotation/dismissal/hiring of the attorney hearing examiner 

should be implemented by Board rule rather than statute. Ms. Staley suggested that the 

whole of 4715.037 be recommended to be implemented by Board rule. 

Further discussion regarding the hiring of the attorney examiners followed. Dr. 

Leffler questioned why this issue was becoming a Board function as opposed to 

something that the Ohio Supreme Court should be handling or regulating. Dr. Kaye




commented that the Bar Association is currently investigating into this exact issue for all 

regulatory Boards. That being said, Dr. Leffler commented that we should include in our 

testimony that this is something that should be addressed by the Ohio Supreme Court 

and the Bar Association. 

Dr. Armstrong recognized David Owsiany, Executive Director of the Ohio Dental 

Association. Mr. Owsiany stated that he wanted to make a general observation that may 

not be well received by the Board members. He stated that there is tenure in the 

General Assembly that the members should be made aware of regarding the Ohio State 

Dental Board. He stated that just going to the General Assembly and telling them to 

trust the Dental Board to put the language in question into rule and to take it out of 

statute would not be received well. He recommended that if there is language in the Bill 

that the Board cannot really live with, it would be received better if there is proposed 

alternate language for the General Assembly to consider. Mr. Owsiany explained that 

this Bill has passed one house of the General Assembly and it is highly unlikely that they 

are going to gut the Bill at this point and say that the other House is going to concur. 

He urged the Board to consider making specific alternate language and the legislators 

may then consider many of the Board’s recommendations as to how to improve the Bill 

over just telling the General Assembly that the Board will pursue regulation via rule. 

SUBPOENAS 

Dr. Kaye commented that there were two (2) issues regarding subpoenas. He stated 

that the first one was checking off the subpoena with the Assistant Attorney General. 

Mr. Yonadi explained the current process requires that either the Board Secretary or the 

Board Vice-Secretary are required to sign off on any investigative subpoenas. Ms. 

Bockbrader stated that currently most if not all of the other regulatory boards are 

required to request their investigative subpoenas through the Attorney General’s office. 

She stated that obtaining the subpoenas this way is not an issue. 

Dr. Kaye continued on by stating that the second issue regarding subpoenas was in 

the process. He stated that the current statute states that the Board requests the 

subpoena and new legislation stipulates that the Board Secretary or Vice-Secretary must 

request the subpoena. He suggested that this be recommended to be regulated by rule. 

Discussion followed wherein the decision of the Board was to follow the testimony 

provided previously by Dr. Armstrong. 

STATUTE OF LIMITATIONS 

Dr. Armstrong moved on to the language regarding the statute of limitations for 

investigation purposes. He stated that this issue clearly outlined the differing opinions 

of the Board members. Dr. Kyger stated that it was her understanding that some of the




Board members felt that the statute of limitations should placed in the statute while 

some of the Board members felt that the language should be set forth in rule. 

Dr. Armstrong stated that he testified that the Board’s current procedures already 

reflect that every investigation is reviewed every ninety (90) days for status updates to 

ensure that an investigation is completed in a timely fashion. He stated that it is his 

understanding that it is the rare exception that any of the investigative cases go on past a 

year. Therefore, he stated that this is not an issue as to whether we stipulate time limits, 

excepting in the fact that there are no other regulatory boards with this language or 

similar limitations within their statutes. 

Mr. Yonadi expressed his concerns that the investigation would be required to be 

closed at the completion of two (2) years regardless of extenuating circumstances beyond 

the Board’s control. Specifically, he stated that currently the Board has experienced 

difficulties in obtaining records from dentists who refuse to provide subpoenaed patient 

records. He informed the Board members that there are a few attorneys that regularly 

defend dentists against the Board who deliberately stall the investigation. Ms. 

Bockbrader concurred with Mr. Yonadi’s statements in that no investigation should be 

closed if extenuating circumstances occurred. 

Mr. Owsiany suggested the use of tolling language. He then reiterated that the 

offering of constructive alternatives will be more readily accepted versus outright 

objections to the current language. 

The final position of the Board was to recommend no statute of limitations, as to do 

so would set the Board apart from all other regulatory boards. However, if there must be 

a statute of limitations then there should also be tolling language included. 

DISCLOSING INVESTIGATIVE FILE 

Dr. Armstrong stated that there was some questions as to why the Board does not 

disclose the complainant as the accuser. He then took a moment to clarify that he had 

the opportunity to explain to the Representatives that the Board is the accuser in regards 

to these investigations. 

Ms. Bockbrader commented that if this was one of the stipulations in the Bill wherein 

the Board could negotiate, she could offer guidance as to what is currently provided to 

the defendant once they are notified that a hearing has been scheduled. She then 

indicated that the following information is provided to the licensee and their attorney 

representation once it is determined that the case is going to hearing: 

• Patient records 

• The Complaint itself, once patient protection has been ensured (redacted)




• Anything that the Assistant Attorney General will be providing as an Exhibit 

• Expert Report 

• Written statements taken by the investigators for witnesses who are going to 

be testifying at the hearing 

Ms. Bockbrader explained that statements are about the only thing that is currently 

not provided that the defense would probably like to have. She clarified that this was 

not the original complaint but rather the information from a subsequent interview. Ms. 

Bockbrader stated that investigative reports, correspondence between the investigators 

and the Assistant Attorney General or the Complainant are considered by all the 

regulatory boards as confidential. She stated that goes back to the fact that the Board is 

the accuser. 

HEARING EXAMINERS 

Dr. Armstrong moved on to the language regarding hearing examiners. A brief 

discussion resulted in the Board supporting the former Board position in this regard. 

GROUNDS FOR DISCIPLINE 

Dr. Armstrong went on to discuss the issues regarding grounds for discipline. He 

commented that the Vice-Chair of the Committee tried to pin down two (2) of the 

representatives as to what types of crimes should be included or should be grounds for 

discipline. He stated that the Vice-Chair expressed his reservations as to allowing the 

Bill to go forward without any such information/clarification. Dr. Wynn concurred in 

that the biggest problem would be in pinning down those crimes that are not directly 

related to the practice of dentistry. However, she stated that the reality is that there are 

cases such as a dentist who is selling swampland to his patient. She stated that while the 

selling of the swampland is not directly related to the practice of dentistry, the use of 

their patient database in determining who to sell the swampland to is the issue. 

Ms. Naber commented that once you list crimes and then the crime is not on that 

“laundry list” then that could cause the Board problems down the road. 

Further discussion resulted in the Board agreeing to oppose this language. 

DENTIST/DENTAL HYGIENIST RENEWAL 

Continuing on, Dr. Armstrong directed the Board members to page 12 regarding 

renewal. Dr. Leffler commented that if they are going to give the dentist a six (6) month 

extension to renew then there should be a hefty fine implemented. Comments regarding 

the fine as set forth in the Bill were deemed to be punitive. Additionally, Board




members were concerned about the language allowing the licensee to renew six (6) 

months after the renewal deadline. 

Ms. Franks asked whether those licensees who are permitted to renew six months 

after the renewal deadline would be permitted to include continuing education from that 

extended six month period. Ms. Bockbrader stated that she was unsure due to the way 

the language is written as to whether the licensee would be permitted to use the 

additional time to obtain continuing education. Dr. Wallace stated that he felt that they 

were two (2) separate issues in that the Board could implement discipline based on 

insufficient continuing education separate from implementing fines for late renewal. 

Dr. Leffler asked Dr. Armstrong if they were going to pursue eliminating the language 

regarding “listing the date, location, sponsor, subject matter, and hours completed of the 

programs.” for reporting of compliance with the continuing education requirement at the 

time of renewal. 

Ms. Staley and Ms. Naber questioned whether the fine for late renewal for the dental 

hygienist should be the same as that of the dentist. They questioned whether the fee 

should be proportionate to the licensing fee. Ms. Wynn stated that the cost should 

remain the same due to the fact that it was going to cost the Board the same amount to 

process a reinstatement for either type of license. 

Dr. Kaye stated that one other issue that was brought up was that if the dentist did 

not renew his license in a timely manner, would the dental hygienist working under his 

supervision be putting themselves at risk for discipline for practicing for an unlicensed 

dentist. 

Further discussion resulted in the consensus that the licensee should only be 

permitted to continue practicing for an additional three (3) months, not five (5) after the 

renewal deadline, before the penalties would be implemented. 

QUALITY INTERVENTION PROGRAM (QUIP) 

Dr. Wallace commented that the new language now allows for the Board to choose 

whether to implement the Quality Intervention Program. It was decided that the Board 

is not in opposition to the changes to the language on the QUIP. 

DOUBLE JEOPARDY 

Ms. Bockbrader asked for clarification of the new language in SubHB 215 on lines 

707 through 713. Discussion resulted in the Board members agreeing that the language 

was ambiguous as written but that it was language that could be ultimately worked with 

for the purposes of enforcement.




Dr. Armstrong thanked the Board members for remaining to discuss and work 

through the new language in SubHB 215. He stated that he felt that they now had a 

working document on the Board’s position that all the Board members could now have 

the authority to discuss. He stated that he would revise his testimony to include the 

recommended changes that were made today. 

Motion by Dr. Howard, second by Dr. Leffler, that the Board members have 

the authority to discuss the pending legislation with legislator’s based on the 

discussion and decisions made today. 


JULY BOARD MEETING MINUTES - REVISITED 

Motion by Ms. Naber, second by Ms. Staley, reconsider the July, 2009 Board 

meeting minutes as approved at the August 28, 2009 Board meeting. 

Ms. Naber explained that on Page 24 of the July, 2009 Board Meeting Minutes there 

was a motion to approve the funding for the Executive Director to attend the 

AADA/AADE Annual Meeting in Hawaii. She stated that there was a split vote on the 

motion and she would like the recording of the vote to reflect the names of the members 

who were opposed. In addition, Ms. Naber stated that she would like for any split votes 

from this point on reflect the names of the opposing members. 


Motion by Ms. Naber, second by Ms. Staley, to amend the July 9, 2009 Board 

meeting minutes be amended on page 24 with the inclusion of the member names 

with their votes being recorded. 


ADJOURN 

Dr. Armstrong adjourned the meeting. He stated that the next meeting would be on 

December 2, 2009 beginning at 1:00 p.m.




Mark T. Armstrong, D.D.S. 

President 

Berta I. Howard, D.D.S. 

Secretary

OHIO STATE DENTAL BOARD BOARD MEETING - the Ohio State ...

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