NEW JERSEY STATE BOARD OF DENTISTRY
PUBLIC SESSION MINUTES
BOARD OFFICE
NEWARK, NEW JERSEY MAY 6, 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; 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

ABSENT AND/OR EXCUSED: Maxine Feinberg, DDS

NOTE: The Public Session Agenda commenced at 1:30 P.M.

I. EXECUTIVE DIRECTOR’S REPORT:

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

2. Report on the committee meeting held on April 29, 2009 to discuss pending regulatory initiatives and Sunset review of regulations which will take place in 2010.

3. The Board commented that the date of birth should be added to the complaint form.

II. APPROVAL OF MINUTES: April 1, 2009 - Approved as amended.
April 15, 2009 - Approved as amended.

III. COMMITTEE REPORTS:

1. Credentials:

- Barbara Kamman - Application for reinstatement of registered dental assistant registration which expired on December 31, 2008. Ms. Kamman meets the requirements. The committee recommended approval.

- Susan Morris - Inquiry regarding the activation of her dental hygiene license which has been inactive since 2003. The committee recommended that Ms. Morris be advised that she must take a refresher course to demonstrate competency prior to reinstatement of license.

- Dr. Zev Kaufman - Application for a New Jersey dental license. Dr. Kaufman meets all requirements for licensure. The committee recommended approval.

- Dr. Victoria Laor - Application for a New Jersey dental license by credentials. Dr. Laor does not meet the requirements because she has not been in the same state for five years. The committee recommended denial of license.

- Dr. Jose Eduardo - Application for reinstatement of his New Jersey dental license by credentials. Dr. Eduardo meets all requirements. The committee recommended approval.

- Dr. Joseph Danesh - Application for a New Jersey dental license. Dr. Danesh does not meet the requirements because he has not been in the same state for five years. The committee recommended denial of license.

- Dr. James J. Min - Application for a New Jersey dental license. The committee recommended that Dr. Min provide an explanation of information disclosed on his application with regard to Data Bank report.

IV. REQUEST FOR REINSTATEMENT OF LICENSE:

1. Dr. Aleksandr Gurvich - Application for reinstatement of his New Jersey dental license. A Final Order of Discipline was filed on November 21, 2008 suspending his license until he is reinstated by the Massachusetts Board of Registration in Dentistry. Dr. Gurvich provided an Order filed by the Massachusetts Board reinstating his license. The Board approved the reinstatement of his New Jersey license.

V. PROVISIONAL ORDER OF DISCIPLINE TO BE FINALIZED:

1. Dr. Alexander Karapetian - The Board discussed the Provisional Order of Discipline filed on October 15, 2008 and Dr. Karapetian’s failure to respond to this Order. The Board in a motion by Dr. Dolinsky, seconded by Dr. DeSciscio determined that a Final Order be entered.

VI. RESPONSE TO UNIFORM PENALTY LETTER:

1. Dr. Irina Mankovskaya - The Board reviewed Dr. Mankovskaya’s response to the Uniform Penalty Letter. The Board moved to Executive Session for deliberation. The Board determined to rescind the Uniform Penalty Letter.

2. Dr. Spiros Karas - The Board reviewed Dr. Karas’ response to the Uniform Penalty Letter. The Board moved to Executive Session for deliberation. The Board determined to reduce the penalty from $1,000 to $500 for failure to include the name in the advertisement.

VII. REPORT FROM PROFESSIONAL ASSISTANCE PROGRAM:

1. Debi McGinnis, Dental Hygienist - The Board reviewed a letter from Louis E. Baxter, M.D. The Board moved this matter to Executive Session for deliberation. The Board determined to remove the restrictions in the Board’s Consent Order filed on January 29, 2008 as Ms. McGinnis has agreed to continue with PAP.

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

1. Dr. Jason Hullett - The Board took this as informational.

IX. SISTER STATE ACTIONS:

1. Dr. Hugh G. Allen - The Board reviewed a copy of disciplinary action taken by the Florida Board of Dentistry. Dr. Allen’s New Jersey dental license expired October 31, 1997. The Board determined to flag this matter to be reviewed upon reinstatement of license.

2. Dr. Steven I. Mitgang -The Board reviewed a copy of disciplinary action taken by the New York Board of Dentistry. Dr. Mitgang’s New Jersey dental license is on active status and expires October 31, 2009. The Board determined to obtain a response from Dr. Mitgang concerning this matter.

3. Dr. Paul E. Kulits - The Board reviewed a copy of disciplinary action taken by the Washington Department of Health. Dr. Kulits’s New Jersey dental license expired on October 31, 1993. The Board determined to flag this matter to be reviewed upon reinstatement of license.

4. Dr. Semyon Roytberg - The reviewed a copy of disciplinary action taken by the Washington Department of Health. Dr. Roytberg’s New Jersey dental license is on active status and expires on October 31, 2009. The Board determined to obtain a response from Dr. Roytberg concerning this matter.

X. ORDERS/SETTLEMENTS FILED BY THE BOARD IN THE MONTH OF APRIL 2009:

1. Dr. Azam Z. Sadatrafiei - Order of Summary Suspension
2. Dr. Jinoos Kazemi - Order of Summary Suspension
3. Theresa Chiappetta, RDA - Order of Summary Suspension

The Board took this as informational.

XI. OTHER MATTERS:

1. American Academy of Facial Cosmetics - The Board reviewed information concerning hands-on course in Botulinum Toxin A applications and Facial Fillers. The Board took this as informational.

2. Glenis M. Rosa - The Board reviewed correspondence from Ms. Rosa questioning whether the local anesthesia course she took in Colorado is acceptable in order to obtain a permit in New Jersey. The Board referred this matter to Board member, Shirley Birenz, for review.

3. The Board reviewed correspondence from Daniel B. Krantz, DDS, President, New Jersey Dental Association requesting approval of a statement on bisphosphonate. The Board supported the statement and suggested adding the following sentence "It is completely consistent with appropriate medical practices to establish radiographic and clinical oral health ‘baselines’ in patients prior to receiving such therapies".

4. The Board reviewed correspondence from Marilyn Ward, DDS concerning teeth whitening. The Board took this as informational. It will be added to the Board’s file.

5. The Board reviewed correspondence from Kenneth O’Connor, Esq. petitioning the Board for a finding that the use of dermal fillers by general dentists purely for cosmetic purposes is within the scope of practice. The Board will refer the correspondent to the proposed regulation on injectable pharmacologics.

6. Dr. Scott Bruggeworth - The Board reviewed an inquiry concerning the selling of dental supplies on his website. The Board determined that Dr. Bruggeworth be advised that the Board’s statutes and regulations are silent in this matter.

7. The Board reviewed an inquiry from Cali Alexander, NJ Department of Health & Senior Services questioning whether the Board’s regulations allow for a wholesale dentists supplies out of a dentist’s office. The Board determined that Ms. Alexander be advised that the Board’s statutes and regulations are silent in this matter.

XII. APPEARANCES:

1. 12:30 P.M. - Dr. Ed Hills and Julia Solooki, Director of Operations, Oral Health Enrichment - Presentation concerning their educational and remedial program. The Board took this as informational.

2. 2:00 P.M. - Dr. Jon J. Lackner - Hearing in the matter of the suspension or revocation of Dr. Lackner’s license to practice dentistry in the State of New Jersey.

This hearing was not conducted as Dr. Lackner signed a Consent Order surrendering his license pending criminal charges.

ADJOURNMENT: