OHIO STATE DENTAL BOARD Board Meeting April 12th and 13th ...

OHIO STATE DENTAL BOARDBoard MeetingApril 12 th and 13 th , 2000M I N U T E SCALL TO ORDER......................................................................................................................................................................1EXECUTIVE SESSION .............................................................................................................................................................1OPEN SESSION ......................................................................................................................................................................1REVIEW OF THE MARCH 2000 BOARD MEETING MINUTES .....................................................................................1REVIEW OF LICENSE APPLICATION(S) ...........................................................................................................................2CRITERIA APPROVAL INTERVIEW(S) .............................................................................................................................2REINSTATEMENT INTERVIEW(S).....................................................................................................................................3REGIONAL BOARD DENTAL APPLICATION(S)..............................................................................................................4LIMITED RESIDENT'S LICENSE APPLICATION(S).........................................................................................................4LIMITED TEACHING LICENSE APPLICATION(S)...........................................................................................................5LIMITED CONTINUING EDUCATION LICENSE APPLICATION(S)..............................................................................5DENTAL ASSISTANT RADIOGRAPHER APPLICATION(S) ...........................................................................................5ENFORCEMENT REPORT......................................................................................................................................................6REVIEW OF ORDER(S) OF DISMISSAL.............................................................................................................................6PROPOSED CONSENT AGREEMENT(S)............................................................................................................................7REVIEW OF PROPOSED NOTICE(S) OF OPPORTUNITY FOR HEARING....................................................................7ANESTHESIA COMMITTEE REPORT.................................................................................................................................8REVIEW OF TEMPORARY ANESTHESIA AND CONSCIOUS SEDATION PRIVILEGES...........................................8EDUCATION COMMITTEE REPORT ..................................................................................................................................9REVIEW OF BIENNIAL CONTINUING EDUCATION SPONSOR APPLICATION(S) ...................................................9REVIEW OF DENTAL HYGIENE MEDICAL EMERGENCY RECOGNITION COURSE APPLICATION(S) ..............9ADJOURN ...................................................................................................................................................................................9MEETING RESUMED...............................................................................................................................................................9CALL TO ORDER....................................................................................................................................................................10LAW AND RULES REVIEW COMMITTEE REPORT .....................................................................................................10POLICY COMMITTEE REPORT.........................................................................................................................................10TREATMENT CENTERS APPROVAL COMMITTEE REPORT....................................................................................10WAIVER COMMITTEE REPORT........................................................................................................................................10SECRETARY'S EXPENSE REPORT....................................................................................................................................11PRESIDENT'S REPORT .........................................................................................................................................................11OFFICE EXPENSE REPORT.................................................................................................................................................11

EXECUTIVE DIRECTOR'S REPORT..................................................................................................................................11DRAFT RESPONSE TO THE INSPECTOR GENERAL'S REPORT ISSUED ON FEBRUARY 11 TH , 2000...................11HOUSE HEALTH, RETIREMENT AND AGING COMMITTEE ......................................................................................13OHIO DENTAL ASSOCIATION - NANCY QUINN, EXECUTIVE DIRECTOR.............................................................14MANAGEMENT SEMINAR ................................................................................................................................................15DENTAL BOARD RESTRUCTURING...............................................................................................................................15ANYTHING FOR THE GOOD OF THE BOARD ...............................................................................................................15ADJOURN .................................................................................................................................................................................15

Ohio State Dental BoardBoard MeetingApril 12 th and 13 th , 2000M I N U T E SThe Ohio State Dental Board (Board) met in The Vern Riffe Center for Government and the Arts,room 1930, 19 th floor, 77 South High Street, Columbus, Ohio, on Wednesday, April 12 th , 2000beginning at 3:00 p.m. Board members present were: Stuart Silverman, DDS, Vice-President,William J. Lightfoot, DDS, Secretary, Eleanore Awadalla, DDS, Edward R. Hills, III, DDS,Benjamin F. Marsh, Esq., and Lynda L. Sabat, RDH. Donald E. Demkee, DDS, President, was not inattendance.Also present were: Mary Crawford, Esq. and Robert Angell, Esq., Assistant Attorneys General,Christopher Moore, Dennis Burns, DDS, and Stacy Wendt of the Ohio Dental Association (ODA),Susan Dyer of the Ohio Dental Hygienists' Association (ODHA), Steven Shall, DDS and PaulVesoulis, DDS of the Toledo Dental Society, Robert J. Dornauer, DDS of the North Central DentalSociety, Alice Thomas of The Columbus Dispatch, Lili C. Kaczmarek, Esq., Executive Director,Suzanne Curry, Licensing Coordinator, Malynda Franks, Executive Secretary, and other guests.CALL TO ORDERDr. Silverman extended greetings to everyone and called the meeting to order at 3:14 p.m.EXECUTIVE SESSIONMotion by Ms. Sabat, second by Dr. Lightfoot, to move the Board into executive session pursuantto Ohio Revised Code Section 121.22(G)(3) to confer with counsel on matters that are the subjectof pending or imminent court action.Roll call vote.Motion carried unanimously.Dr. Silverman invited Ms. Crawford, Mr. Angell, and Ms. Kaczmarek to attend the executivesession.OPEN SESSIONAt 4:35 p.m., the Board resumed open session.REVIEW OF THE MARCH 2000 BOARD MEETING MINUTESThe Board reviewed the minutes of the March 22 nd and 23rd, 2000 Board meeting.Motion by Dr. Awadalla, second by Dr. Lightfoot, to approve the March Board meeting minutesas presented.Roll call vote.

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 2Motion carried unanimously.REVIEW OF LICENSE APPLICATION(S)Dr. Silverman took a moment to introduce the Board. He introduced himself as a general dentistfrom Cincinnati and the Vice-President of the Ohio State Dental Board. He then introduced theother Board members: Dr. William J. Lightfoot, the Board Secretary, an orthodontist fromColumbus, Dr. Eleanore Awadalla, a general dentist from Toledo, Mr. Benjamin Marsh, the publicmember of the Board, an attorney from Maumee, Ms. Lynda Sabat, the Board's dental hygienistmember from Brecksville, and Dr. Edward Hills, a general dentist from Cleveland. Dr. Silvermanstated that the Board President, Dr. Donald Demkee had a scheduling conflict and was not inattendance.Dr. Silverman informed everyone that this would be Mr. Marsh's last meeting and extended bestwishes to Mr. Marsh and his wife, Marsha, in their future endeavors.CRITERIA APPROVAL INTERVIEW(S)The Board interviews began with Mary Beth Wahage, RDH, a 1995 graduate of MaysvilleCommunity College. Ms. Wahage passed the Southern Regional Testing Agency, Inc. (SRTA)examination that same year and is licensed in Kentucky where she is practicing part-time as asubstitute on weekends. Ms. Wahage stated that she had previously practiced full-time for five (5)years in a private practice prior to becoming a representative for ProDenTech, a soft tissuemanagement company. She informed the Board that she trains offices in the use of the piazo scalerand helps them structure a soft tissue management system. Ms. Wahage stated that she must hold acurrent dental hygiene license in order to represent ProDenTech. She informed the Board that shelives only ten (10) minutes from Cincinnati, understands that there is a shortage of dental hygienistsin the area and wishes to obtain her Ohio license in order that she may work part-time on theweekends in Ohio. She stated that she is considering going back into dental hygiene on a full-timebasis.When questioned by the Board, Ms. Wahage stated that she was current in her CPR certification andhas obtained the fifteen (15) continuing education hours that are required by Kentucky. She alsoinformed the Board that dental hygienists must take continuing education in AIDS in addition to therequired fifteen (15) credit hours.Motion by Ms. Sabat, second by Mr. Marsh, to approve Ms. Wahage's criteria approvalapplication for licensure as a dental hygienist in the state of Ohio.Roll call vote.Motion carried unanimously.The Board next interviewed Leia C. Parrish-Lazor, RDH, a 1989 graduate of VirginiaCommonwealth University, who took and passed the SRTA examination and is now licensed inVirginia and California. Ms. Parrish-Lazor informed the Board that she had practiced for seven (7)years primarily in soft tissue management prior to moving to California where she practiced parttime for a general dentist and for a periodontist. She stated that she had passed her ExpandedFunction Dental Assistant (EFDA) examination in 1994. Ms. Parrish-Lazor informed the Board thatshe wishes to relocate to the Youngstown area as she has family in Cleveland and Pittsburgh.

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 3When questioned about the California State examination, Ms. Parrish-Lazor stated that she had beenrequired to obtain her EFDA certification prior to the examination. She informed the Board that hereducation program had included instruction in local anesthesia, however, she had not obtained thelicense to perform this duty. Ms. Parrish-Lazor went on to explain that California accepts theNational Boards for the didactic portion of the exam and that the clinical portion included rootplaning, some supragingival and administration of local anesthesia to a patient. She clarified that sheunderstood the extent of her duties in the state of Ohio, however, she was happy that the law hadbeen changed to include the practice of dental hygiene without the dentist being present.Motion by Ms. Sabat, second by Dr. Awadalla, to approve Ms. Parrish-Lazor's criteria approvalapplication for licensure as a dental hygienist in the state of Ohio.Roll call vote.Motion carried unanimously.REINSTATEMENT INTERVIEW(S)Lori A. Little-Levinson, DDS was the first applicant for a Reinstatement interview. Dr. Little-Levinson had allowed her license to lapse in 1997 for failure to renew, She informed the Board thatshe had graduated from The Ohio State University College of Dentistry in 1991 and had completedher residency in periodontics. Dr. Little-Levinson stated that she had taught periodontics and dentalhygiene at the university, as well as, maintained a private practice until 1996. She stated that at thattime she had begun experiencing excruciating pain in her left arm and decided to leave privatepractice to stay home to raise her two (2) teenagers.Dr. Little-Levinson informed the Board that the Dental Hygiene Department is interested in havingher come back to teaching on a part-time basis. She stated that she has obtained the requisitenumber of continuing education hours and has completed research and two (2) publications, as wellas, been a guest speaker in San Francisco and Chicago.Motion by Dr. Awadalla, second by Mr. Marsh, to approve Dr. Little-Levinson's reinstatementapplication for licensure as a dentist in the state of Ohio.Roll call vote.Motion carried unanimously.The Board next met with Jeffery D. Rhodenbaugh, DDS, whose license was placed on MilitaryExempt status in 1982. Dr. Rhodenbaugh informed the Board that upon graduation from The OhioState University College of Dentistry he had immediately joined the U.S. Navy. He stated that hewill be retiring this summer and hopes to return to the Cincinnati area to open a private practice. Heinformed the Board that he has obtained the requisite number of continuing education hours andprovided proof of immunization for Hepatitis B.Motion by Dr. Awadalla, second by Dr. Lightfoot, to approve Dr. Rhodenbaugh's reinstatementapplication for licensure as a dentist in the state of Ohio.Roll call vote.Motion carried unanimously.The Board interviews continued with Dana L. Eger, RDH, a dental hygienist who retired herlicense in December 1995. Ms. Eger informed the Board that she was a graduate of CuyahogaCommunity College and had worked in a general practice for fourteen (14) years prior to retiring her

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 4license to home-school her three (3) children. She stated that her youngest will be attending publicschool this fall and therefore she now wishes to reinstate her license in order to return to the practiceof dental hygiene. When questioned by the Board, Ms. Eger stated that she had obtained her twelve(12) hours of continuing education.Motion by Ms. Sabat, second by Dr. Awadalla, to approve Ms. Eger's reinstatement applicationfor licensure as a dental hygienist in the state of Ohio.Roll call vote.Motion carried unanimously.The final applicant for interview for reinstatement was Debra L. Fields, RDH, a dental hygienistwhose license was suspended for failure to renew in January 1998. Ms. Fields informed the Boardthat she was originally from the Cleveland area but has been practicing in Michigan for the pastseven (7) years. She stated that she is planning on returning to Ohio this summer and wishes toreinstate her license in order to obtain gainful employment. Ms. Fields has attested that she hastaken the requisite number of continuing education hours and provided proof of immunization forHepatitis B.Motion by Ms. Sabat, second by Dr. Hills, to approve Ms. Field's reinstatement application forlicensure as a dental hygienist in the state of Ohio.Roll call vote.Motion carried unanimously.REGIONAL BOARD DENTAL APPLICATION(S)The following persons applied for dental licenses, based on successful completion of the North EastRegional Board of Dental Examiners, Inc. examination, National Board examination , and the Ohioexamination on the statute and regulations:Dr. Sven N. BacchusDr. Maria Rita Z. BernardoDr. Stella-Marina J. DemosDr. Ronald A. GriffinDr. Robert L. KardosDr. Sheretta OatesDr. Josif PankaricanDr. James A. PoeDr. Philip R. SpragueMotion by Ms. Sabat, second by Dr. Awadalla, to approve these nine (9) regional board dentallicense applications.Roll call vote.Motion carried unanimously.LIMITED RESIDENT'S LICENSE APPLICATION(S)Dr. April D. Hearns, a graduate of Meharry Medical College in Nashville, Tennessee, has beenappointed to a residency program at the VA Medical Center in Dayton, Ohio. She has applied for alimited resident's license for the general practice residency.

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 5Motion by Dr. Awadalla, second by Ms. Sabat, to approve Dr. Hearns application for a limitedresident's license.Roll call vote.Motion carried unanimously.LIMITED TEACHING LICENSE APPLICATION(S)The Board reviewed the limited teaching application of Dr. Guillermo E. Chacon a 1990 graduate ofthe Universidad de Costa Rica. Dr. Chacon has been appointed to the faculty at The Ohio StateUniversity College of Dentistry, Oral and Maxillofacial Surgery Department.Motion by Dr. Awadalla, second by Ms. Sabat, to approve Dr. Chacon's application for a limitedteaching license.Roll call vote.Motion carried unanimously.LIMITED CONTINUING EDUCATION LICENSE APPLICATION(S)Dr. William E. DeDominicis, a graduate of Georgetown University, and Dr. Mary D. Paynter, agraduate of the University of Louisville, have applied for limited continuing education licenses.They wish to attend a dental implant course at Sinclair Community College/Miami Valley Hospitalunder the direction of Dr. Daniel E. Becker.Motion by Dr. Awadalla, second by Ms. Sabat, to approve Dr. DeDemonicis and Dr. Paynter'sapplications for limited continuing education licenses.Roll call vote.Motion carried unanimously.DENTAL ASSISTANT RADIOGRAPHER APPLICATION(S)The Board executive office reviewed the applications for the dental assistant radiographer licenses,and all applicants were found to have submitted satisfactory proof of certification for the DentalAssisting National Board, or the Ohio Commission on Dental Assistant Certification, or licensure orcertification from a similar state board. A list of candidates follows:Deanna L. BarnesDoris M. ClawsonBarbara J. ConroyDeborah L. CurrySandi M. EgnotScarlet K. FiteGina M. FrancoCelida R. GarnerLisa G. GravesMichelle N. HustonAdrienne J. KocarAdriana LawsAmanda J. MillerJane M. MurphyDorothy E. PaulovichAngela K. RobertsBrenda G. SeamanCarol A. SmithLaura C. Sprague-PetersShelly L. Waldecki

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 6Elizabeth A. WardAmanda D. WilliamsTammy Jo WoodreyRobin R. YoungMotion by Ms. Sabat, second by Dr. Awadalla, to approve these twenty-four (24) dental assistantradiographer applications.Roll call vote.Motion carried unanimously.ENFORCEMENT REPORTMr. Smith stated that there were twenty-five (25) cases pending hearings and currently six (6) casesunder appeal. He stated that ten (10) licensees were currently under suspension, and that there wereseventeen (17) cases listed and four (4) additional cases that were not listed that had beeninvestigated and reviewed by the Board Secretary and recommended to be closed. Mr. Smith statedthat the additional closed cases had been sent warning letters.Due to the requirement in Chapter 4715.30(D) of the Ohio Revised Code, that "The board shall notdismiss any complaint or terminate any investigation except by a majority vote of its members,…"Mr. Smith reviewed the cases to be closed with the Board.The following cases are to be closed:00-43-00200-25-00300-57-03300-18-03700-31-05300-31-05400-31-05500-70-06000-70-06100-25-07800-31-07900-57-08000-25-08300-31-08700-31-39800-31-40000-57-40699-09-28499-31-28600-57-02600-31-047Motion by Dr. Lightfoot, second by Dr. Hills, to approve the enforcement report and close theabove twenty-one (21) cases.Roll call vote.Motion carried unanimously.REVIEW OF ORDER(S) OF DISMISSALMotion by Dr. Awadalla, second by Ms. Sabat, to dismiss the charges against Amy McClure,RDH, based on the circumstances and admissions set forth in the affidavit executed by theRespondent, which the Board has reviewed, and based on the recommendation of the BoardSecretary and Assistant Attorney General concerning the charges contained in the Notice ofOpportunity for Hearing dated September 23, 1999.Roll call vote:Dr. Awadalla – YesDr. Hills – YesDr. Lightfoot – AbstainMr. Marsh – YesMs. Sabat – YesDr. Silverman – Yes

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 7Motion carried.Motion by Dr. Awadalla, second by Ms. Sabat, to dismiss the charges against Tracy ConradRecker, RDH, based on the circumstances and admissions set forth in the affidavit executed bythe Respondent, which the Board has reviewed, and based on the recommendation of the BoardSecretary and Assistant Attorney General concerning the charges contained in the Notice ofOpportunity for Hearing dated September 23, 1999.Roll call vote:Dr. Awadalla – YesDr. Hills – YesDr. Lightfoot – AbstainMr. Marsh – YesMs. Sabat – YesDr. Silverman – YesMotion carried.PROPOSED CONSENT AGREEMENT(S)The Board reviewed the proposed consent agreement for William H. Cardwell, Jr., DDS, licensenumber 30-01-5816.Motion by Mr. Marsh, second by Ms. Sabat, to approve the proposed consent agreement withWilliam H. Cardwell, Jr., DDS, license number 30-01-5816.Roll call vote: Dr. Awadalla - YesDr. Hills - YesDr. Lightfoot - AbstainMr. Marsh - YesMs. Sabat - YesDr. Silverman - YesMotion carried.The Board reviewed the proposed consent agreement for Edward J. McDonnell, DDS, licensenumber 30-01-8932.Motion by Dr. Awadalla, second by Ms. Sabat, to approve the proposed consent agreement forEdward J. McDonnell, DDS, license number 30-01-8932.Roll call vote: Dr. Awadalla - YesDr. Hills - YesDr. Lightfoot - AbstainMr. Marsh - YesMs. Sabat - YesDr. Silverman - YesMotion carried.REVIEW OF PROPOSED NOTICE(S) OF OPPORTUNITY FOR HEARING

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 8The Board reviewed two (2) Notices of Opportunity for Hearing. The names of theindividuals/licensees were not included in the documents reviewed by the Board. The names of theindividuals/licensees have been added to the minutes for public notice purposes.Motion by Ms. Sabat, second by Dr. Awadalla, to approve the notice of opportunity for hearingand forward it to Angela Harvey, RDHRoll call vote:Dr. Awadalla – YesDr. Hills – YesDr. Lightfoot – AbstainMr. Marsh – YesMs. Sabat – YesDr. Silverman – YesMotion carried.Motion by Mr. Marsh, second by Dr. Hills, to approve the notice of opportunity for hearing andforward it to Harold D. Brown, DDS, license number 30-01-1963, case number 99-53-276.Roll call vote:Dr. Awadalla – YesDr. Hills – YesDr. Lightfoot – AbstainMr. Marsh – YesMs. Sabat – YesDr. Silverman – YesMotion carried.Dr. Silverman thanked Mr. Smith for his help with the report.ANESTHESIA COMMITTEE REPORTREVIEW OF TEMPORARY ANESTHESIA AND CONSCIOUS SEDATION PRIVILEGESDr. Awadalla stated that Dr. Brian M. O'Neall of Toledo, Ohio had submitted an application for anAnesthesia Permit. She explained that the application has been reviewed by the AnesthesiaCommittee and is recommended for approval of temporary privileges.Motion by Dr. Awadalla, second by Dr. Hills, to approve temporary anesthesia privileges to Dr.O'Neall.Roll call vote.Motion carried unanimously.Dr. Silverman thanked Dr. Awadalla for her report and then asked Ms. Sabat to give the EducationCommittee Report.

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 9EDUCATION COMMITTEE REPORTREVIEW OF BIENNIAL CONTINUING EDUCATION SPONSOR APPLICATION(S)Ms. Sabat stated that the following organization has applied for approval as biennial sponsor ofcontinuing education for the years 2000-2001 and has been recommended by the EducationCommittee for approval:Safety-Kleen Systems, Inc.Motion by Dr. Hills, second by Dr. Lightfoot, to approve Safety-Kleen Systems, Inc. as a biennialsponsor of continuing education for the 2000-2001 biennium.Roll call vote.Motion carried unanimously.REVIEW OF DENTAL HYGIENE MEDICAL EMERGENCY RECOGNITION COURSEAPPLICATION(S)Ms. Sabat informed the Board that the following permanent sponsor has submitted an application fora dental hygiene medical emergency recognition course. She stated that the Education Committeehas reviewed the application, determined that it fulfills all the requirements, and recommended thefollowing course for approval:Cleveland Dental Society“Identification and Prevention of Potential Medical Emergencies in the Oral CareEnvironment” – Thomas R. Gerosky, DMD & Vickie Griffin, REMT-PMotion by Dr. Hills, second by Dr. Lightfoot, to approve this application for dental hygienemedical emergency recognition course.Roll call vote.Motion carried unanimously.ADJOURNMotion by Dr. Lightfoot, second by Dr. Awadalla, to adjourn the meeting until Thursday, April13th, 2000, at 9:00 a.m. in room 1919, 19 th floor of the Vern Riffe Center for Government and theArts.Roll call vote.Motion carried unanimously.MEETING RESUMEDThe Ohio State Dental Board (Board) met in The Vern Riffe Center for Government and the Arts,room 1915, 19 th floor, 77 South High Street, Columbus, Ohio, on Thursday, April 13 th , 2000

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 10beginning at 9:00 a.m. Board members present were: Donald E. Demkee, DDS, President, StuartSilverman, DDS, Vice-President, William J. Lightfoot, DDS, Secretary, Eleanor Awadalla, DDS,Edward R. Hills, III, DDS, and Lynda L. Sabat, RDH. Benjamin F. Marsh, Esq. was not inattendance. Mr. Marsh joined the meeting in progress during the Executive Director's Report.Also present were: Mary Crawford, Esq. and Robert Angell, Esq., Assistant Attorneys General,Dennis Burns, DDS and Stacy Wendt of the Ohio Dental Association (ODA), Alice Thomas of TheColumbus Dispatch, Lili C. Kaczmarek, Esq., Executive Director, and Malynda Franks, ExecutiveSecretary.CALL TO ORDERDr. Silverman extended greetings to everyone and called the meeting to order at 9:12 a.m.LAW AND RULES REVIEW COMMITTEE REPORTDr. Lightfoot stated that the Law and Rules Review Committee had not met the previous afternoon,however, they would meet again prior to the Board meeting in June. He stated that the rules that hadbeen reviewed the previous year had become effective April 7 th , 2000. Dr. Lightfoot stated that atthe March Board meeting he had requested if the Board had an interest in considering the issue ofcoronal polishing. He stated that the Board had chosen not to pursue coronal polishing by dentalassistants.Dr. Demkee thanked Dr. Lightfoot for his report.POLICY COMMITTEE REPORTDr. Awadalla stated that she had no new policies up for consideration at this time.Dr. Demkee thanked Dr. Awadalla for her report.TREATMENT CENTERS APPROVAL COMMITTEE REPORTDr. Silverman stated that there was nothing new to report at this time.Dr. Demkee thanked Dr. Silverman for his report and excused himself for a brief break.WAIVER COMMITTEE REPORTMs. Sabat informed the Board that the Waiver Committee had reviewed two (2) Hepatitis B WaiverRenewal Request applications and recommended approval of a one (1) year waiver based on medicalreasons. The Waiver Committee recommended waivers for the following individuals:Elizabeth A. RutterLisa C. ZawaskiMotion by Ms. Sabat, second by Dr. Awadalla, to approve these two (2) applications for HepatitisB waivers for one (1) year.Roll call vote.

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 11Motion carried unanimously.Dr. Silverman thanked Ms. Sabat for her report.SECRETARY'S EXPENSE REPORTDr. Lightfoot reported by stating that he had spent in excess of twenty (20) hours per week attendingto Board business.Motion by Ms. Sabat, second by Dr. Awadalla, to approve the Secretary's expense report.Roll call vote.Motion carried unanimously.PRESIDENT'S REPORTIn Dr. Demkee's absence, Dr. Awadalla gave the President's Report.Dr. Awadalla began by stating that Dr. Demkee had left message that while visiting with arepresentative, Dr. Bowman, of the Western Regional Examining Board (WREB), it had beenmentioned that the Board would be accepting all regional board examinations in the near future. Dr.Awadalla stated that this information was misleading in that the Board was considering accepting theexamination once the grading processes had been changed in 2001 and also addressing issuesinvolving the Dental Simulated Clinical Examination (DSCE). She stated that the Board would notaccept any other regional board examinations until the grading mechanisms had been changed toinclude the successful passing of all key competencies by examinees and until the issue concerningthe DSCE had been addressed. Dr. Awadalla concluded by stating that the current Board policyregarding initial examination still stands.OFFICE EXPENSE REPORTThe report of the Board expenditures was reviewed.Motion by Ms. Sabat, second by Dr. Lightfoot, to approve the expense report and approve paymentof the March Board bills.Roll call vote.Motion carried unanimously.EXECUTIVE DIRECTOR'S REPORTDRAFT RESPONSE TO THE INSPECTOR GENERAL'S REPORT ISSUED ONFEBRUARY 11 TH , 2000Ms. Kaczmarek began her report by reviewing the draft response to the Inspector General. Shereviewed the responses to the nine (9) recommendations individually as follows:

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 12Recommendation #1:It is recommended that the OSDB fill the vacant enforcementsupervisor position with an individual who possesses strong leadershipabilities and investigative supervisory experience.This recommendation is already under way and awaiting approvalfrom the Department of Administrative Services (DAS). The board'srequest to upgrade the Enforcement Supervisor position to Ohio StateDental Board Assistant Director was delayed pending the outcome ofthe Inspector General's investigation.Recommendation #2:It is recommended that specific investigative operational proceduresand protocol be developed.The Board's first Policy and Procedure Manual has been instituted,thanks to Ms. Kaczmarek, and is currently a work in progress.However, Ms. Kaczmarek will be instructed to begin a specific manualfor investigative procedures.Recommendation #3:It is recommended that in those cases involving serious medicalinjuries, more than one expert should be utilized by the OSDB to assistin determining professional culpability (i.e. should the case be closed).The Board will adopt a policy wherein the Board secretary will securethe opinions of two (2) independent experts when determining whetherto recommend that the Board close an investigation regarding a caseinvolving serious patient harm. It is noted that this should notsignificantly increase the Board budget as there are not many casesinvolving serious injury to patients.Recommendation #4:It is recommended that the OSDB avoid any conflict of interest, oreven the appearance of a conflict of interest. The board secretary,executive director, investigators, and the AAG should recusethemselves from cases involving personal friends.Ms. Kaczmarek had previously requested clarification of the term"personal friends" and based on the response from the InspectorGeneral, the Board members, staff and AAG's will now recusethemselves in all cases where there is a personal friendship thatextends beyond the professional arena.Recommendation #5:It is recommended that the OSDB develop a second-tier of review forthose cases closed, especially those involving serious injury, basedsolely on the recommendation of an expert.Since the Board has agreed to adopt a policy [see Recommendation#4] regarding two (2) independent experts in cases involving seriouspersonal injury this should satisfy the second-tier review requirement.Recommendation #6:It is recommended that the executive director establish and uniformlyenforce rules regarding personnel issues.While the Board currently has work rules in place, they are general innature and Ms. Kaczmarek will be instructed to prepare an updatedpersonnel manual. Once the Board approves the new manual the

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 13executive director will uniformly enforce the rules in a consistentmanner.Recommendation #7:It is recommended that an ongoing training program be established forthe investigative staff.This will be the focus of the Assistant Director and/or EnforcementSupervisor once these positions are filled.Recommendation #8:It is recommended that a second in command position be establishedunder the executive director. The individual selected for this positionshould possess strong administrative skills and supervisory experience.This would provide leadership for the staff and eliminate anyconfusion when the executive director is away.This is already in process awaiting DAS approval [seeRecommendation #1].Recommendation #9:It is recommended that in all instances where criminal conduct isuncovered, the information should be provided to the local prosecutoror solicitor for review.The Board previously requested clarification on this recommendationbased on the fact that according to statute almost any violation of theDental Practice Act can be considered a criminal violation. TheBoard explained that it believes that it was created to regulate itslicensees under the administrative process in part so that the courtsare not unduly burdened with these kinds of complaints. The Board'sgoal in determining whether to report criminal activity has been not toshield certain dentists, but rather to rehabilitate those dentists withproblems that can potentially be corrected. The Board will adopt apolicy whereby felony criminal conduct that is uncovered during aninvestigation will consistently be reported to local law enforcementofficials based on the response from the Inspector General thatexcludes dental misdemeanor violations.Ms. Kaczmarek commented it is unfortunate that this last recommendation applies to everyoneincluding those cases involving an impaired dentist and self-prescribing of controlled substances tosatisfy a chemical substance abuse impairment. She stated that in the past the Board has attemptedto rehabilitate in conjunction with the Ohio Dental Association's Dentist's Concerned for Dentistsprogram, however, based on this recommendation the dental and dental hygiene licensees must takeresponsibility for their actions.Ms. Kaczmarek sought approval and the Board confirmed that she should send this response to theInspector General today. She also requested permission to post this response on the Board Web Sitealong with her as yet unpublished response to an article regarding enforcement that had appeared inThe Plain Dealer in March. The Board members agreed to her suggestion.HOUSE HEALTH, RETIREMENT AND AGING COMMITTEEMs. Kaczmarek informed the Board that the House Health, Retirement and Aging Committee(Committee) would begin its hearings the first week of May. She stated that although the Board hadbeen investigated for six (6) months by the Office of the Inspector General (IG) and it wasdetermined that there had been no evidence of wrongdoing, the Committee would be holding its own

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 14hearings on Board activities. She stated that certain dentists, who were not happy with the outcomeof the IG's investigation, have written letters to their legislators regarding the Board's administrativehearings, allegations of racism and prejudicial practices. Ms. Kaczmarek stated that the Committeesplans to hear testimony from concerned dentists. She explained she had contacted RepresentativeVan Vyven and Joanne Davison's Chief of Staff and asked that the Board be given the opportunity torespond.Ms. Kaczmarek stated that she had discussed the IG's report at length and that Representative VanVyven agreed that there was the possibility that the Committee would come to the same conclusions,however, they may work on legislation to change Chapter 119 hearing procedures. Ms. Kaczmarekexplained that any changes to those hearing procedures would affect all regulatory agencies not justthe Dental Board. She state that based on the Board's budgetary increase which allows us to moreefficiently regulate the profession, the Board's enforcement statistics show an increase in disciplinaryactions. Ms. Kaczmarek stated that unfortunately due to the increase in regulation practices, theDental Board is now taking more heat over inaccurate and unfair information being given to theCommittee.Dr. Awadalla commented that this seemed to be a waste of time and taxpayers money. Shequestioned whether the Committee had read the IG's report prior to instigating its hearings, as thereport addressed the Board's processes and procedures.Mr. Marsh suggested that the Board should not necessarily be critical of the legislature but rathertreat this as an opportunity to inform the public. He stated that the Board should go into the hearingswell prepared, stating their position and thereby helping the public to understand what has beenhappening. He stated that he was more concerned by the possibility of not being allowed to testifyor respond on the Board's behalf.Ms. Kaczmarek expressed her frustration that up until recently the Board's voice has not been heard.She stated that her next concern is that due to the scheduling of NERB examinations, most of theBoard members would be unavailable during the Committee's hearings. She requested that theBoard members leave their schedules with her prior to leaving the office this day so that she caninform the Committee.OHIO DENTAL ASSOCIATION - NANCY QUINN, EXECUTIVE DIRECTORMs. Kaczmarek informed the Board that she had exchanged letters with Nancy Quinn, ExecutiveDirector of the Ohio Dental Association (ODA) regarding a meeting of the Board, the ODAExecutive Committee, Ms. Quinn and herself. She reminded the Board of the attempt by Dr.Williams to have a Task Force to consider and discuss issues surrounding NERB examinations thatwas unsuccessful due to the lawsuit currently pending against the Board, filed by a member of theODA's Executive Committee, Dr. Donald Bowers.It was the consensus of the Board members that they should consider continuing the discussions,however, the following questions and suggestions were made:1. It is felt that the Board is under-represented in that there can be no more than three (3)Board members in attendance (the meeting must be public if four (4) members attend) tothe entire ODA Executive Committee consisting of six (6) voting members and an editor,totaling seven (7) representatives.2. It was suggested that the ODA submit an agenda with a list of topics to discuss in orderthat it may be reviewed by the AAG and deleted of any topics that the Board would beunable to discuss due to the pending lawsuit.

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 153. To continue the discussions is a good idea, however, bad timing in lieu of the Committeehearings in progress.MANAGEMENT SEMINARMs. Kaczmarek informed the Board that she would be attending a management seminar and hopedthat this would help her in the creation of the draft personnel manual that she would be presenting tothe Board in the future.DENTAL BOARD RESTRUCTURINGIn conclusion, Ms. Kaczmarek stated that she was awaiting the approval from DAS for therestructuring of the Board executive office personnel. The Board expressed concerns as to how theIG's report and recommendations and the possible changes to Chapter 119 might affect the Board'sbudget. Ms. Kaczmarek stated that currently the Board works within its budget which is operating atthe level of the licensure fees with no contributions from the general revenue fund, however, anychanges to Chapter 119 would affect all regulatory boards and therefore, they would all seek anincrease in fees to cover their expenses.ANYTHING FOR THE GOOD OF THE BOARDMr. Angell expressed his pleasure at the opportunity of working with Mr. Marsh, commenting thathe (Mr. Marsh) has remained a professional under fire and stands out as a shining example ofintegrity.Dr. Awadalla commented that Mr. Marsh makes Toledo, Ohio, look good and that the value of theBoard's Public member is understated. She said that Mr. Marsh is an example that should befollowed and that there should be more people like him in that he helped her to better understandlegislation.Dr. Lightfoot said "Ditto" and Dr. Silverman thanked Mr. Marsh for all his professional advicestating that he could not remember when any of it had ever been wrong.Mr. Marsh thanked everyone and stated that he had enjoyed the past five (5) years with the Boardand all his new friends.ADJOURNMotion by Dr. Awadalla, second by Dr. Lightfoot, to adjourn the meeting until Wednesday, June14 th , 2000, at 3:00 p.m.Roll call vote.Motion carried unanimously.Donald E. Demkee, DDSPresident

Ohio State Dental BoardBoard Meeting MinutesApril 12 th and 13th, 2000 Page 16William J. Lightfoot, DDSSecretary