NEW JERSEY STATE BOARD OF DENTISTRY
PUBLIC SESSION MINUTES
BOARD OFFICE
NEWARK, NEW JERSEY APRIL 1, 2009

ATTENDANCE: The following members were in attendance: Shirley Birenz, RDH; Steven Brisgel; Emil Cappetta, DDS; Sheila Daskow, DMD; Peter DeSciscio, DMD; Herbert Dolinsky, DDS; Maxine Feinberg, DDS; Alexander Hall, DMD; Beverly Kupiec, RN, Ph.D.; John Ricciani, DMD; Arnold Rosenheck, DMD OTHER ATTENDEES: Deputy Attorneys General Nancy Miller and Joseph Donofrio; Executive Director, Jonathan Eisenmenger; Michael Dominach, Paralegal; Cecilia Moreira, Senior Management Assistant

NOTE: Mr. Brisgel arrived at 10:30 A.M.

NOTE: The Public Session Agenda commenced at 9:30 A.M.

I. APPROVAL OF MINUTES: March 4, 2009 - Approved as amended.

II. EXECUTIVE DIRECTOR’S REPORT:

1. Report on the presentation at UMDNJ to the fourth year students.

2. Report on temporary layoff notices for May 22, 2009 and June 29, 2009 which also affects the Board of Dentistry staff. The office will be closed on these days.

3. S-2693 - Proposed legislation which clarifies definition of "primary care" in Primary Care Physician and Dentist Loan Redemption Program to include practice of geriatrics. The Board supports this legislation, but would encourage the legislature to include language that would allow more dentists to be eligible for this loan forgiveness program by demonstrating that a certain percentage of their patients are indigent and are elderly. Dr. Kupiec abstained indicating that her department will also be providing a comment.

4. Report on the number of applications received and licenses issued.

5. The Board reviewed a copy of the Position Statement by the Iowa Dental Board on Tooth/Whitening/Bleaching Services by non-licensed persons dated November 2008 provided by Arthur Meisel of the NJDA. Also reviewed was an article where the ADA was urging constituents to act on this issue. The Board took this as informational.

6. The Board reviewed correspondence from Kathy Sinatra, RDH, President of the American Dental Hygienists’ Association, in support of using only licensed dental professionals in the application of tooth whitening agents. The Board took this as informational.

7. Walter G. Alexander, II, DDS - The Board reviewed a draft letter prepared by Dr. Dolinsky concerning Dr. Alexander’s Rutgers Hall of Distinguished Alumni award. The Board determined that this congratulatory letter recognizing Dr. Alexander’s contributions to the field of dentistry be sent to Rutgers University with a request that it be read at the dinner honoring him.

8. The Board reviewed a commentary from Dr. Dolinsky concerning professional designations. He notes that both "Dr." and degree "DDS" should not be used. One represents a social designation, the latter the specific discipline. It should either be one or the other. The Board supports Dr. Dolinsky’s comments on this matter.

9. The Board reviewed a copy of an e-mail from Dr. Stanley Markman to Dr. Ricciani concerning the language of the board’s proposed Botox regulation. He makes comments about treating TMD pain/disorders with Botox, and may need to be included in the Botox regulation. The Board indicated that they will review the proposal to assure that it is all covered.

III. COMMITTEE REPORTS:

1. Credentials:

Dr. Victoria Laor - The Board reviewed additional correspondence from Dr. Laor concerning her request for a New Jersey dental license. She indicates that she obtained her dental degree in May 2004 from the University of Illinois. She completed the Central Regional Dental Examinations and National Board Exams. In May 2004 she obtained an Illinois dental license. Subsequently she completed one year of residency in Oral and Maxillofacial Surgery. The committee recommended that she be advised that she can apply by credentials.

2. Continuing Education:

- The committee recommended approval of twenty-two continuing education courses.

- Dental Studies Institute - Request for approval of a course in the administration of local anesthesia for dental hygienists. The committee noted that a course outline was not submitted.

- Lori Benitez, RDH - Request for approval of a course in the administration of local anesthesia which she took at the Fones School of Dental Hygiene at the University of Bridgeport. The committee denied this course indicating that New Jersey regulations require that it be a Board-approved course offered in a dental hygiene program approved by the Commission on Dental Accreditation, or in an accredited college or university, teaching hospital or other training institution or facility. The laws in Connecticut are different from New Jersey.

IV. REPORTS SUBMITTED PURSUANT TO N.J.A.C. 13:30-8.8:

1. Dr. Michael Slomovitz - The Board reviewed a report of an incident which occurred in Dr. Slomovitz’s office. This was taken as informational.

2. Dr. Robert J. DeFalco - The Board reviewed a report of an incident which occurred in Dr. DeFalco’s office. The Board moved this matter to Executive Session.

V. INFORMATION/REQUESTS FOLLOWING DISCIPLINARY ACTION BY THE BOARD:

1. Dr. Victor Terranova - The Board reviewed information submitted by Dr. Terranova required by the Board’s Consent Order Reinstating License with Restrictions filed on October 15, 2008. The Board took this as informational.

2. Dr. John J. Fitzpatrick - The Board reviewed correspondence from Edward Reading, Ph.D., Assistant Director, Professional Assistance Program requesting that Dr. Fitzpatrick be permitted to have his CDS privileges reinstated and to eliminate the requirement to have a licensed or registered auxiliary present. The Board moved this matter to Executive Session for deliberation.

The Board determined to reinstate the CDS privileges with submission of triplicate prescriptions but denied the request to eliminate the need for the presence of a dental auxiliary in his office to assist him.

VI. REQUESTS FOR REMOVAL OF DISCIPLINARY ACTION FROM THEIR RECORD:

1. Dr. Daniel T. Franta - The Board reviewed a request from Dr. Franta to have the Board’s Consent Order filed on March 25, 1983 removed from his records. He indicates that on July 18, 2008, the Superior Court of Morris County entered an Order for Expungement of all records pertaining to this incident. The Board determined that Dr. Franta be advised that the expungement does not alter the Board’s action and that the Board cannot expunge its records of administrative discipline. The Board will attach a letter to the 1983 Consent Order indicating that this matter has been expunged in the courts.

2. Dr. Glen M. Goldstein - The Board reviewed Dr. Goldstein’s request for removal of the disciplinary action from his record. The disciplinary action involves an advertising penalty which he paid in 1998. The Board moved this matter to Executive Session for deliberation.

The Board determined that Dr. Goldstein be advised that the Board has been addressing the issue of differentiating between various actions on the Board’s website with the Division of Consumer Affairs. The Board supports this matter. In the interim, the Board is willing to provide additional information that may be required to clarify each specific disciplinary action.

VII. SISTER STATE ACTIONS:

1. Dr. Bruce G. Knecht - The Board reviewed a copy of disciplinary action taken by the Florida Board of Dentistry concerning Dr. Knecht. Dr. Knecht’s New Jersey dental license expired in 1989. The Board determined to flag this file with the action to be reviewed further if Dr. Knecht applies for reinstatement of license.

2. Dr. Aram Agadjanian - The Board reviewed additional information provided by Dr. Agadjanian in follow-up to disciplinary action taken by the Connecticut Board of Dentistry. The Board moved this matter to Executive Session for deliberation.

The Board had requested that Dr. Agadjanian provide a written narrative of the events in this matter.

3. Dr. Michael V. Brogna - The Board reviewed a copy of disciplinary action taken by the Pennsylvania Board of Dentistry. Dr. Brogna’s New Jersey dental license expired in 2001. The Board determined to flag this file with the action to be reviewed further if Dr. Brogna applies for reinstatement of license.

VIII. OTHER MATTERS:

1. The Board reviewed correspondence from Arthur Meisel from the New Jersey Dental Association questioning whether it is within the scope of practice of a New Jersey licensed dentist to perform a sleep study, interpret a sleep study and/or dispense the machinery to perform a sleep study. The Board discussed this request noting that dentists should not diagnose or interpret the study report, but the dentist is permitted to work with other medical professionals to treat sleep apnea within their scope of practice. The Board noted that the answer is "no" to all three questions presented by Mr. Meisel.

2. The Board reviewed an inquiry from Dr. Veronica Bikofsky concerning a business structure. The Board determined that Dr. Bikofsky be advised that she should contact her private attorney concerning this matter.

3. The Board reviewed a copy of summary of DANB board action taken at the Feb. 13-14 Meeting. The Board took this as informational.

4. The Board reviewed information concerning ADEX Educational Open Forum. The Board took this as informational.

IX. ORDERS/SETTLEMENTS FILED BY THE BOARD IN THE MONTH OF MARCH 2009:

1. Dr. Lawrence Law - The Board reviewed a copy of a Uniform Penalty Letter filed on March 13, 2009. This was taken as informational.

2. Alvin Nelson (Unlicensed) - The Board reviewed a copy of Offer of Settlement. This was taken as informational. ADJOURNMENT: