Microsoft word - december 9, 2005 minutes.doc

BOARD OF DENTAL EXAMINERS
161 Capitol Street, Augusta, Maine
MINUTES – December 9, 2005
Meeting was called to order at 9:10 a.m.
Board Members Present: Drs. Cohen, Fister, Higgins, Faulkner and Theriault, Diane Blanchette, RDH,
Kristine Blaisdell, RDH and William Buxton, LD, Thomas Palmer arrived at approximately 9:20 a.m.
Also Present: John Bastey, MDA; Barbara Fister; Cindy Leavitt, RDH; Dorothy Maroon, RDH; David
Wicks, DDS; Suma Shetty, DDS; Farid Hakimzadeh, DDS; Linda Wacholtz, RDH; Sakthi Tiruchirapalli,
DDS; Ram Shetty; Loraine Klug, RDH; Bonnie Vaughan, RDH; Susanne LaVallee, RDH; Gordon Smith,
Esq. MMA; David Simmons, MD, MMA; Gary Barker, DMD; John S. Largey, DDS; James Bellows,
Esq.; Maurice Convey, DMD; Karen Packard, RDH, Board Investigator; AAG Dennis Smith; and
Teneale Johnson, Board Assistant
Interviews with Farid Hakimzadeh, DDS and Suma Shetty, DDS
Meeting with Members of the Maine Medical Association/Committee on Physician Health: Mr.
Gordon Smith, Esquire, Executive Director and Dr. David Simmons presented the Board with a proposed
2006 Budget, which would raise the Dental Board’s funds to $10,000 as opposed to $6,500. Dr. Higgins
made a motion that the Board table their contract with the Committee on Physician Health until January
13, 2005 so that AAG Smith, Mr. Gordon Smith and Dr. Faulkner can adjust protocols to be similar to the
protocols adopted by the Medical Board and also look at possibly raising our portion of fees. Dr. Fister
seconded the motion and it passed unanimously.
Dental Hygiene Sub-Committee Report:
Ms. Klug reported the following recommendations: The Committee recommends that the Board approve
licensure to Teresa Davenport and Allison Jones. Also the Committee requests that the Board present a
statutory change for Hygienists licensure requirements to be identical to the dentists’. The Board agreed
that they will present this change to the Legislature, but it won’t be until 2007, as the deadline has passed
for 2006. This item will be added to the Board’s list.
Ms. Blanchette made a motion to issue a dental hygiene license to Ms. Davenport pending completion of
her file. Dr. Faulkner seconded the motion and it passed unanimously. Ms. Blaisdell made a motion to
issue a dental hygiene license to Ms. Jones pending completion of her file. Ms. Blanchette seconded the
motion and it passed with Dr. Theriault recused. Ms. Blaisdell made a motion to grant licensure to
Sandra Boland once the Board receives proof of successful completion a skills assessment. Ms. Boland
will not need to come for an additional interview. Ms. Blanchette seconded the motion and it passed
unanimously.
Ms. Klug also reported that office staff is continuing to work on an easy solution to ensure that hygienists
are providing the Board with the required PHS reporting forms.
Informal Conference – Complaint 05-18: Complainant alleged ill-fitting dentures and improper
dismissal by the dentist. Ms. Blanchette made a motion to enter executive session at 10:29 a.m. Mr.
Buxton seconded the motion and it passed unanimously. Ms. Blanchette made a motion to come out of
executive session at 11:07 a.m. Ms. Blaisdell seconded the motion and it passed unanimously. Dr.
Faulkner made a motion to offer the licensee a Consent Agreement and order him to provide proof to the
Maine Board of Dental Examiners
Board Meeting Minutes
December 9, 2005
Board of full restitution in the amount of $1810 to the complainant. Ms. Blanchette seconded the motion
and it failed with Drs. Cohen and Theriault recused. A discussion ensued. Dr. Faulkner made a motion to
table the complaint for a period of 30 days in order to allow for the licensee to provide proof to the Board
that he has made full restitution to the complainant. The complaint would then be revisited. Ms.
Blanchette seconded the motion and it passed with Drs. Cohen and Theriault recused. Dr. Higgins made a
suggestion that a letter of guidance be issued when the complaint is revisited.
Informal Conference – Complaint 05-22 – J. Largey/The Board: The Board issued a complaint
against the licensee as a result of a malpractice claim. The Board requested copies of all patient records
in order to review and determine whether the licensee had violated any statutes or rules. The licensee
presented with counsel, James Bellow, Esquire. Dr. Faulkner made a motion to enter executive session at
11:28 a.m. Ms. Blanchette seconded the motion and it passed unanimously. Dr. Faulkner made a motion
to come out of executive session at 11:47 a.m. Ms. Blanchette seconded the motion and it passed
unanimously. Ms. Blanchette made a motion that the complaint be dismissed as there was no violation of
the Maine Dental Practice Act as he has already rectified the situation. Mr. Buxton seconded the motion
and it passed with Dr. Fister recused.
At this time, the Board presented Ms. Blanchette with a plaque as this was her last meeting serving on the
Board.
Mr. Buxton left the meeting at 12:00 p.m.
Addition to the Agenda: Dr. Fister made a motion to enter executive session at 12:15 p.m. to discuss
personnel issues. Ms. Blanchette seconded the motion and it passed unanimously.
Working lunch on Temporary Restoration Protocols: In attendance for the working lunch were: Dr.
Maurice Convey; Linda Wacholtz, RDH; Bonnie Vaughan, RDH; Lorraine Klug, RDH; John Bastey,
MDA; Susanne LaVallee, RDH; Cynthia Leavitt, RDH and Dorothy Maroon, RDH.
The committee discussed the information previously gathered along with a flow chart created for
hygienists to determine when a temporary restoration is appropriate in the Public Health setting. The
Board will finalize the protocols at their January meeting during a working lunch. Dr. Higgins suggested
that any parties of interest in attendance today, please forward any suggestions, and/or paperwork, before
the Board’s next meeting.
Dr. Faulkner left at 1:10 p.m. to attend a meeting with Commissioner Bruenn at PFR.
Follow-Up to Complaint 04-48 – J. Griffin/C. Bradstreet: The Board had previously scheduled an
adjudicatory hearing to be held this day. Dr. Griffin instead, signed a Consent Agreement which was
received the day before this meeting. Therefore, the hearing was cancelled. Although the licensee and
his attorney amended the agreement, Dr. Higgins made a motion to accept the amended Consent
Agreement. Dr. Cohen seconded the motion and also tabled his motion which passed unanimously. A
motion was made to enter executive session at 1:16 p.m to receive further guidance from AAG Smith and
discuss issues revolved around the complaint. The motion passed unanimously. Ms. Blanchette made a
motion to come out of executive session at 1:25 p.m. Dr. Theriault seconded the motion and it passed
unanimously. Ms. Blanchette made a motion to un-table the motions above. Dr. Theriault seconded the
motion and it passed unanimously. Dr. Higgins made a motion to accept the amended Consent
Agreement and direct the Board President affix his signature to the agreement. Ms. Blanchette seconded
the motion and it passed with Ms. Blaisdell recused and Dr. Fister recused as complaint officer.
Maine Board of Dental Examiners
Board Meeting Minutes
December 9, 2005

Decision on Applicant’s for Licensure:
Farid Hakimzadeh, DDS – Dr. Fister made a motion to accept Dr. Hakimzadeh’s application for a
Maine dental license. Dr. Higgins seconded the motion for purposes of discussion. The motion failed
with all opposed. Dr. Higgins made a motion to table Dr. Hakimzadeh’s application for licensure for 60
days and request that he provide the redacted version of the patient record involved in the settlement case.
Dr. Theriault seconded the motion and it passed unanimously.
Suma Shetty, DDS – Ms. Blanchette made a motion to accept Dr. Shetty’s application for a Maine dental
license. Ms. Blaisdell seconded the motion and it passed unanimously. (Dr. Shetty requested that her
license not be issued till January 2006)
Addition to the Agenda: Dr. Higgins made a motion to formally recognize Ms. Karen Packard, RDH as
the Board’s Investigator. Dr. Fister seconded the motion. Dr. Higgins amended the motion to formalize
this agreement in writing which would be signed by the Board President and Ms. Packard. Dr. Fister
seconded the amended motion and it passed unanimously.
Interview for Licensure: - Kathleen Myers, DDS – Due to the storm, Dr. Myers was unable to make
the scheduled interview. Dr. Higgins made a motion to extend Dr. Myers’ temporary permit until January
31, 2006. Ms. Blaisdell seconded the motion for purposes of discussion. The motion was amended to
require that Dr. Myers fully complete her application for licensure as some items were left blank. She
will be required to complete her application in order to hold her interview with the Board. The motion
passed unanimously.
Denturist Discipline Sub-Committee Report: Dr. Fister reported the following recommendations to the
Board:
Complaint 05-43 – The committee recommended that the Board offer this licensee a Consent
Agreement which would include a fine of $1000, a 10 day license suspension, license probation
of 5 years and provide 10 denture units to indigent patient’s within one year from the date of the
agreement. Ms. Blanchette made a motion to accept the sub-committee’s recommendation. Dr.
Theriault seconded the motion and it passed unanimously.
Complaint 05-45 – The committee recommended that the Board issue a subpoena to the licensee
and set the matter for an adjudicatory hearing. The hearing will involve issues surrounding
alleged unprofessional conduct in not responding to a patient, and not responding to the Board in
addition to alleged abandonment of a patient. Ms. Blanchette made a motion to accept the
committee’s recommendation. Dr. Fister seconded the motion and it passed unanimously.
Letter from Robert Palermo, LD in Response to a Board’s Request for Information – The
committee recommended that a letter be sent to the licensee, thanking him for his cooperation
with the Board’s inquiry regarding his present practices and that no action is necessary. The
Board made a motion which passed, to accept the committee’s recommendation.

Old Business:
1. Guidelines for administration of Nitrous Oxide/Oxygen for dental hygienists – This rule
change will be added under Section 3.F. of Chapter 1 of the Board rules as follows: Maine Board of Dental Examiners
Board Meeting Minutes
December 9, 2005
a. Curriculum for the required study must include, but not necessarily be limited to: 1. Assessing medical history, physical examination and evaluation procedures to determine if nitrous oxide analgesia is appropriate for the patient; 2. Describing the properties and pharmacology of nitrous oxide/oxygen; 3. Explaining the anatomy and physiology of organs effected by nitrous 4. Identifying the indications and contraindications for administration of nitrous 5. Listing the armamentarium, its use, selection and preparation in the 6. Maintaining appropriate record keeping in the administration of nitrous 7. Demonstrating the accepted techniques in the administration of nitrous 8. Delineating the concerns associated with chronic exposure and recreational abuse 9. Recognizing the complications associated with nitrous oxide/oxygen administration and explaining their management; 10. Demonstrating proper infection control techniques associated with nitrous 11. Selecting and interpreting appropriate monitors in the use of nitrous Then under Chapter 8.K., the following will read: The nitrous oxide oxygen delivery system must be “fail safe”, “scavenged” and “calibrated” at least every 5 years. Ms. Blaisdell made a motion to accept the protocols as written. Dr. Theriault seconded the motion and it passed unanimously. Complaint 05-33: The complainant in this case reported alleged unlicensed practice in having an
assistant take x-rays without holding a license with the Board, having an assistant take impressions for
dentures while the dentist was not in the office, improper infection control procedures and OSHA
protocols. Dr. Fister made a motion to set the matter for an adjudicatory hearing for reasons of alleged
infractions and behavior. Ms. Blanchette seconded the motion and it passed with Dr. Theriault recused
and Dr. Higgins recused as complaint officer. Board staff was directed to table the license renewal
application for this licensee.
Complaint 05-41: J. Grosser/E. Holbrook – The Complainant in this case alleged that the licensee
attempted to fill the incorrect tooth and questioned whether the licensee was reviewing someone else’s x-
ray. Drs. Higgins and Olson both examined the complainant in this case. Dr. Fister made a motion to
dismiss the complaint as there was no violation of the dental practice act as this was a misconception.
Ms. Blanchette seconded the motion and it passed with Dr. Higgins recused as complaint officer. Dr.
Higgins will provide assistance with the complainant’s letter to explain why the complaint was dismissed.
Complaint 05-42: This is a Board-issued complaint as a result of non-compliance with the licensee’s
Consent Agreement by failing to provide proof to the Board of successful completion of two courses.
The licensee did in fact take the required continuing education and supplied a copy of his certificates.
Ms. Blanchette made a motion to accept the proof of the courses, but that a letter be sent to the licensee
reminding him that he is still required to comply with his previous responsibilities in that he submit to the
Maine Board of Dental Examiners
Board Meeting Minutes
December 9, 2005
Board for its review the complete records of the next six (6) cases of greater than three (3) units of
prosthetics per arch. The complaint will remain open until such requirements are fully met. The motion
was seconded and it passed with Dr. Fister recused.
Complaint 05-44: The complainant in this case alleged that the licensee was telling his dental assistants
and dental hygienists to administer and monitor nitrous oxide on patients. Dr. Fister made a motion to set
this matter for an adjudicatory hearing. Dr. Cohen seconded the motion and it passed with Dr. Higgins
recused as complaint officer.
Complaint 05-46: The complainant in this case alleged that the licensee mistakenly attempted to section
a bridge in the wrong place. Dr. Fister made a motion to invite the licensee in for an informal conference.
Dr. Theriault seconded the motion and it passed with Dr. Higgins recused as complaint officer.
Complaint 05-47: The complainant in this case alleged that the licensee had left town without notifying
her of his practice closure. Upon many attempts, Board staff has been unable to notify or locate the
licensee. The Board requested that if this licensee completed a license renewal for the 2006-2007
biennium that staff hold the renewal and take to the Board. Therefore the complaint is tabled.
Board staff is directed to hold the renewals of the above three licensee’s (Complaint 05-44/Complaint 05-
46 and Complaint 05-47)
Secretary’s Desk:
A. Board staff questioned whether there should be a policy that when there is an open complaint
during renewal time, should that licensee’s renewal be held pending complaint resolution? Ms. Blanchette made a motion that an application for license renewal be brought to the Board’s attention so that they can make a determination on a case by case basis as to whether the renewal should be held. If held, a letter will be sent to the licensee stating that until the final outcome of the complaint, the licensee is able to practice under their current license pursuant to Title 5; Chapter 375 §10002. Dr. Higgins seconded the motion and it passed unanimously. Complaint 01-34 Follow-Up: The Board received notification from Tufts University stating a schedule
for the required course for this licensee to complete. This was accepted as an FYI
Complaint 05-32 Follow-Up: The complainant in this case requested a detailed list of the reasons why
her complaint was dismissed. Dr. Higgins made a motion to send a letter to the complainant stating that
under the current Maine Care rules Maine Care participation is voluntary and the Board does not have the
ability to enforce any licensee to accept these patients’. Dr. Theriault seconded the motion and it passed
unanimously.
Addition to the Agenda: The Board currently has a Decision that requires a licensee to provide random
weekly Antabuse testing. Ms. Blanchette made a motion for Dr. Cohen to approach Jim Smith, Esquire
the Hearing Officer for this complaint to see if the Decision can be modified because of costs associated,
to require that the licensee provide random quarterly Antabuse testing. Ms. Blaisdell seconded the
motion and it passed with Mr. Palmer abstained. (Update: Mr. Smith agreed to the change & the
Decision has been signed)
Dr. Theriault made a motion to enter executive session to obtain legal advice. Ms. Blaisdell seconded the
motion and it passed unanimously. Ms. Blanchette made a motion to come out of executive session at
2:49. Dr. Fister seconded the motion and it passed unanimously.
Maine Board of Dental Examiners
Board Meeting Minutes
December 9, 2005

Revisit Complaint 05-44 from Above: A motion was made to reverse their earlier decision to set this
matter for an adjudicatory hearing. An additional motion was made and seconded by Ms. Blanchette to
table complaint 05-44 until the January 2006 meeting. This motion passed with Dr. Higgins recused as
complaint officer.
Review of License Renewal with “Yes” Response: Andrew D. Friedman, DMD – Dr. Higgins made a
motion to hold this renewal and request copies of the police report, judgment and commitment and inform
the licensee that he is able to continue practicing under his current license. Dr. Cohen seconded the
motion and it passed unanimously.
Request for Continuing Education Extension: Alan Avtges, DMD – Dr. Theriault made a motion to
grant the licensee a 6 month extension in order to complete his requirement. Dr. Cohen seconded the
motion and it passed with Mr. Palmer opposed.
Dr. Higgins made a motion to adjourn at 2:55 p.m. Dr. Fister seconded the motion and it passed
unanimously.
The remainder of agenda items which were not addressed will be added to the January 13, 2006 agenda.
Respectfully Submitted,
Teneale E. Johnson
Board Assistant

Source: http://www.mainedental.org/forms/December%202005%20Minutes.pdf