New Mexico Regulation and Licensing Department
BO AR DS A ND CO M MI SSI ON S D I V IS IO N
New M ex i c o Bo ar d of Den tal H ealt h Car e an d
New M ex i c o D ent al H y gi en ist C o mm it te e
T on ey An a ya Bu i ld in g ▪ 2550 Cer ri llos Ro ad ▪ S an ta Fe, N ew Mexi co 87505
( 505) 476 -4680 ▪ Fax ( 505) 476 -4545 ▪ www.r ld .s t at e.nm .us /d ent a l
New Mexico Dental Health Care
REGULAR BOARD MEETING
Friday, July 29, 2011
Ruidoso, NM
MEETING MINUTES
I.
CALL TO ORDER
At 11:10 a.m. the Board Chair, Dr. Jessica Brewster, DDS called the July 29, 2011 meeting of the
New Mexico Board of Dental Health Care to order.
II.
ROLL CALL
MEMBERS PRESENT:
Jessica Brewster, DDS
Burrell Tucker, DDS
Robert Gherardi, DMD
Kimberly Martin, DMD
Charles Schumacher, DDS
Laura Moss, RDH
Dianne Orrell-Lopez, RDH
Robert Blewer, Public Member
MEMBERS ABSENT:
None
OTHERS PRESENT:
Mary Smith, Assistant Attorney General
STAFF PRESENT:
Kathy Ortiz, Board Administrator
Laura Romero-Halama, Compliance Liaison
Roll Call was taken by Ms. Kathy Ortiz and a quorum was determined present.
(Refer to sign-in Sheet for Other Guests)
III.
APPROVAL OF AGENDA
Dr. Burrell Tucker, DDS made a MOTION to approve the agenda as written. Dr. Charles
Schumacher, DDS SECONDED the motion. Motion PASSED by UNANIMOUS
APPROVAL.
IV.
APPROVAL OF MEETING MINUTES
May 6, 2011 Regular Meeting
Dr. Burrell Tucker, DDS made a MOTION to approve the minutes of the May 6, 2011 Regular
Meeting as written. Dr. Charles Schumacher, DDS SECONDED the motion. Motion PASSED
by UNANIMOUS APPROVAL.
Revision date: 01/2011
V.
REPORTS
A. Chair’s Report – Dr. Jessica Brewster, DDS
Written report attached (Attachment A)
B. Secretary’s Report – Dr. Burrell Tucker, DDS
Dr. Burrell Tucker, DDS reported to the board that from April 25, 2011 thru July 21, 2011;
there were 42
dental licenses issued by examination, 4
issued by credentials and
84 dental assistant certificates issued.
Dr. Robert Gherardi, DMD made a MOTION to enter the Board Secretaries report into
record. Dr. Charles Schumacher, DDS SECONDED the motion. Motion PASSED by
UNANIMOUS APPROVAL.
C. Dental Hygienist Committee Report – Ms. Elizabeth Caress, RDH
Ms. Laura Moss, RDH made a MOTION to ratify the recommendations of the Dental
Hygienist Committee. Mr. Robert Blewer SECONDED the motion. Motion PASSED by
UNANIMOUS APPROVAL.
D. Anesthesia Committee Report – Dr. John Mitchell, DDS
Dr. John Mitchell, DDS reported to the board that from April 25, 2011 thru July 21, 2011
there were 11 Nitrous Oxide Permits issued.
No Written Report
E. New Mexico Dental Association (NMDA) Report – Dr. Shelly Fritz, DDS
Written report attached (Attachment B)
F. New Mexico Department of Health Report – Ms. Carol Hanson, RDH
Written report attached (Attachment C)
G. New Mexico Health Services – Ms. Britt Carton, RDH
No report given
H. Administrator’s Report - Kathy Ortiz
Ms. Ortiz reported about changes that the dental board is temporarily down one position due
to changes in RLD. Renewal finished there were still 66 Dental licenses, 42 Dental
Hygienists licenses and 191 Dental Assistant Certificates that still needed to renew.
I. Compliance Liaison Report – Laura Romero-Halama
No report given
J. HB187
Committee have update on status, next scheduled meeting is July 30, 2011
K. Rules and Statutes Committee
Committee will schedule a meeting
L. Ad Hoc Committees
No report given
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VI.
OLD BUSINESS
A
Appointment Committee Members by Board Chair
Dr. Jessica Brewster, DDS made a MOTION to nominate Dr. Kimberly Martin, DMD as
Representative for the Dental Hygienists Committee. Dr. Burrell Tucker, DDS SECONDED
the motion. Motion PASSED by UNANIMOUS APPROVAL
B. Confirm Future Meeting Dates and Locations
Special Meeting to review proposed rules changes – Saturday, September 10, 2011
November Rule Hearing and Board Meeting – November 4, 2011 – Santa Fe
January Board Meeting – January 27, 2012 – Santa Fe
April Board Meeting – April 20, 2012 – Farmington
July Board Meeting – July 27, 2012 – Santa Fe
October Board Meeting – October 26, 2012 – Las Cruces, NM
C. Sim Man Agreement - Status
Ms. Mary Smith, Assistant Attorney General is working on the agreement. Dr. Gherardi,
DMD will work with Ms. Mary Smith to get Joint Powers Agreement inter-agency contract
between UNM and the NM Board of Dental Health Care completed.
D. CRDTS
Dr. Brewster, DDS made a MOTION to appoint Dr. Kimberly Martin, DMD and Dr. Charles
Schumacher, DDS as Dental Hygienist Representatives at CRDTS. Dr. Burrell Tucker, DDS
SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL
E. AADB Annual Meeting – October 9-10, 2011
Travel was approved for Rebecca Howard, RDH and Dr. Burrell, DDS Tucker to attend
AADB Annual Meeting. Please provide a written report stating the changes that the board
has made and is currently reviewing.
VIII.
NEW BUSINESS
A. Open Meeting Resolution – 2011-2012
Ms. Laura Moss, RDH made a MOTION to accept the Open Meeting Resolution as written.
Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS
APPROVAL
B.
Teeth Whitening – Dr. Jessica Brewster, DDS
Schedule an appointment with Gary King, Attorney General to discuss teeth whitening. The
meeting is to include Dr. Robert Gherardi, DMD, Dr. Kimberly Martin, DMD, Ms. Gloria
Lucero, Assistant Attorney General and Mr. Scott Fuqua, Assistant Attorney General. Dr.
Kimberly Martin will research prior to the meeting.
C. 2012 Budget
The board reviewed the 2012 Budget Report.
D.
2011 Revenue
The board reviewed the 2011 Revenue Report.
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E.
CODA Site Visits
Ms. Laura Moss will attend the March 6, 2012 University of New Mexico site visit.
F.
Letters from Dr. Daniel Duran, DDS
Write a letter to both dentists stating that their licenses will be renewed for the next renewal.
Send Dr. Duran a copy of the letter.
G. Mission of Mercy – March 1-4, 2012
Dr. Robert Gherardi, DMD made a MOTION to approve the Mission of Mercy as an
approved Charitable Event on March 1-4, 2012. Dr. Charles Schumacher, DDS
SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL
H. New Mexico Monitoring Treatment Program
Dr. Burrell Tucker, DDS made a MOTION to approve the NM Monitoring Program FY12
and FY 13 Contract in the amount of $11,550.00 per year ($23,100.00 Total). Dr. Robert
Gherardi, DMD SECONDED the motion. Motion PASSED by UNANIMOUS
APPROVAL
Ask Mr. Thayer, Executive Director to attend the November 4, 2011 board meeting.
I.
Joseph Sears
Dr. Jessica Brewster, DDS made a MOTION to direct staff to begin the process for a
professional contract for Mr. Sears services. Dr. Robert Gherardi, DMD SECONDED the
motion. Motion PASSED by UNANIMOUS APPROVAL
IX.
EXECUTIVE SESSION
Dr. Robert Gherardi, DMD made a MOTION that the New Mexico Dental Health Care Board close
the meeting in order to enter into Executive Session to discuss the items listed on the agenda.
Pursuant to Sections 10-15-1.H 1 & 7 of the Open Meetings Act authorizing closed sessions for
matters related to issuance, suspension, renewal, revocation of a license and deliberation following
hearing and discussion of pending litigation for Dr. Garcia, Dr. Hesch and Dr. Jaime. Ms. Laura
Moss, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Vice Chair: Would the Administrator take a roll call vote to enter into Executive Session?
Roll Call Vote:
Jessica Brewster, DDS
Robert Gherardi, DMD
Burrell Tucker, DDS
Kimberly, Martin, DDS
Charles Schumacher, DDS
Laura Moss, RDH
Dianne Orrell-Lopez, RDH
Robert Blewer, Public Member
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Chair: The motion is approved by a unanimous approval. Let the record show that at 1:20 p.m.
the Board entered into closed session and the recorder has been turned off.
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A. Consider Request for Inactive Status:
Leonard Baca, DDS
Steven Benson, DDS
Riki Lambert, DDS
Edward Howard Lockwood, DDS
Cecil Mann, DDS
Olakumbi Onime, DDS
Neilesh Patel, DDS
Manuel Ramirez, DDS
Francisco Romero, DDS
Sean Tran, DMD
Blake Wayman, DDS
B. Consider Request for Retirement Status:
James Crine II, DDS
Thomas Korbitz, DDS
John Neale, DDS
Richard Stenzhorn, DDS
Tudor Thomas, DMD
Robert, White, DDS
C. Renewals for Review:
Bernesteine Brown, DA
William G. Wolfe, DDS
Mahlon Fraleigh, DDS
Ricki Felts, DDS
D. Application/Examination for Consideration:
Amanda Montoya, DA
E. Consider Committee Recommendations:
1. COMPLAINTS
09-48- COM, 09-79-COM, 10-17- COM, 10-21- COM, 10-22- COM, 10-23- COM,
10-52- COM, 10-62- COM, 10-71- COM, 10-73- COM, 10-84- COM, 11-13- COM,
11-18- COM, 11-19- COM, 11-20- COM, 11-21- COM, 11-25- COM, 11-26- COM,
11-28-COM, 11-32- COM, 11-34- COM, 11-35- COM, 11-36- COM, 11-37- COM,
11-38- COM
2 Incident Reports/Malpractice Reports:
10-77-MAL, 11-14-MAL, 11-15-MAL, 11-24-INC, 11-27-INC, 11-29-MAL
11-31-INC, 11-33-INC, 11-39-INC
3
Default Orders
09-28-COM – William C. Kottke, DDS
09-32-COM – William C. Kottke, DDS
09-19-COM – William C. Kottke, DDS
F
Settlement Agreement
08-92-COM – Clayton N. Coleman, Jr., DDS
10-59-APP – Daniel G. Sena, DDS
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10-79-MAL – Robert E. Darmitzel, DDS
G
Applications:
11-22-APP – Deep Sedation/General Anesthesia
11-23-APP – General Dentistry by Credentials
10-36-APP – General Dentistry by Credentials
11-02-APP – General Dentistry by Credentials
H Discussion:
Roderick Garcia, DDS
Lillian Jaime, DMD
Vincent Martinez, DDS
I. Discussion and Action:
Thomas Hesch, DDS
Back in Open Session
Let the record show that the recorder is back on. The New Mexico Board of Dental Health Care
is back in open session. The time is 5:57 p.m Pursuant to 10-15-1 H 1 & 7 of the Open
Meetings Act the matters discussed in the closed meeting were limited only to the items listed in
the motion.
X.
BOARD ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION
Let the record show that the Complaint Committee Member Dr. Jessica Brewster and DDS,
abstained from voting on committee recommended cases.
(Items listed on Agenda)
A.
Request for Inactive Status:
Ms. Laura Moss, RDH made a MOTION to accept the request for Inactive Status for: Leonard
Baca, DDS, Steven Benson, DDS, Riki Lambert, DDS, Edward Howard Lockwood, DDS, Cecil
Mann, DDS, Olakumbi Onime, DDS, Neilesh Patel, DDS. Manuel Ramirez, DDS, Francisco
Romero, DDS, Sean Tran, DMD and Blake Wayman, DDS. Dr. Burrell Tucker, DDS
SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
B.
Request for Retirement Status:
Ms. Laura Moss, RDH made a MOTION to accept/deny the request for Retirement Status for:.
James Crine II, DDS, Thomas Korbitz, DDS, John Neale, DDS, Richard Stenzhorn, DDS, Tudor
Thomas, DMD and Robert, White, DDS. Dr. Burrell Tucker, DDS SECONDED the motion.
Motion PASSED by UNANIMOUS APPROVAL.
C.
Renewals for Review:
Bernesteine Brown, DA:
Ms. Laura Moss, RDH made a MOTION to approve renewal. Dr. Robert Gherardi, DDS
SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
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William G. Wolfe, DDS:
Ms. Laura Moss, RDH made a MOTION to approve renewal. Dr. Burrell Tucker, DDS
SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Mahlon Fraleigh, DDS:
Ms. Laura Moss, RDH made a MOTION to issue an NCA proposing to revoke his license for
failure to comply with the Boards Continuing Education requirement pursuant to 16.5.10.10 with
proposed early resolution of paying licensee fee and applicable late fee no later than August 31,
2011; failure to do shall subject him to further board action for practicing dentistry without a
license pursuant to 16.5.11.9 and direct staff to send a letter informing Dr. Fraleigh that until he
complies with the Continuing Education requirement his license is expired and shall not practice
dentistry. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by
UNANIMOUS APPROVAL.
Ricki Felts, DDS:
Ms. Laura Moss, RDH made a MOTION to approve renewal without stipulation. Dr. Robert
Schumacher, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
C. Renewals for Review:
Amanda Montoya, DA:
Ms. Laura Moss, RDH made a MOTION to allow Ms. Montoya to apply for certification. Dr.
Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS
APPROVAL.
D. Consider Committee Recommendations:
1. Complaints:
Dismissal
Ms. Laura Moss, RDH made a MOTION to dismiss case numbers:
09-48-COM, 09-79-COM, 10-23-COM, 10-62-COM, 11-13-COM, 11-18-COM, 11-19-COM,
11-21-COM, 11-25-COM, 11-26-COM, 11-32-COM, 11-34-COM, 11-35-COM, 11-36-COM and
11-37-COM. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by
UNANIMOUS APPROVAL.
Case #10-17-COM
Ms. Laura Moss, RDH made a MOTION to continue 10-17-COM Dr. Burrell Tucker, DDS
SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Case #10-21-COM
Ms. Laura Moss, RDH made a MOTION to proceed with the issuance of the NCA voted on by the
board on October 22, 2010 meeting with Dr. Brewster as expert witness. Dr. Burrell Tucker, DDS
SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
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Case #10-22-COM
Ms. Laura Moss, RDH made a MOTION to proceed with the issuance of the NCA voted on by the
board on January 28, 2011 meeting with Dr. Brewster as expert witness. Dr. Burrell Tucker, DDS
SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Case #10-52-COM
Ms. Laura Moss, RDH made a MOTION to proceed with the issuance of the NCA voted on by the
board on July 30, 2011 with Dr. Dr. Duran as expert witness. Dr. Burrell Tucker, DDS
SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Case #10-71-COM
Ms. Laura Moss, RDH made a MOTION to refer to AGO for issuance of NCA for violation of
16.5.16.10.A and 61-5A.21.A (3) and (7) with propose early resolution that respondent shall
reimburse the patient for the cost of the veneers on teeth #6, 7, 8, 9, 10, & 11 and for the crown on
tooth #19 within 45 days ; respondent shall pay a fine of $1,000.00 within 90 days; and completion
of 6 hours of Continuing Education in a course concerning Restorative Dentistry (course shall be
ADA approved and should be completed in person – shall not count toward renewal CE
requirement) within 90 days. Dr. Burrell Tucker, DDS SECONDED the motion. Motion
PASSED by UNANIMOUS APPROVAL.
Case #10-73-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with Advisory Letter refer respondent to
16.5.16.10.B (3) and state that the patient’s records shall be released in a timely manner, regardless
if they owe a balance, and suggest that respondent review their insurance provider agreement in
regard to the frequency of replacement of fillings. Dr. Burrell Tucker, DDS SECONDED the
motion. Motion PASSED by UNANIMOUS APPROVAL.
Case #10-84-COM
Ms. Laura Moss, RDH made a MOTION to dismiss with Advisory Letter refer respondent to
16.5.16.10.B (3) and state that the patient’s records shall be released, regardless if they owe a
balance, and in a timely manner. Dr. Burrell Tucker, DDS SECONDED the motion. Motion
PASSED by UNANIMOUS APPROVAL.
Case #11-20-COM
Ms. Laura Moss, RDH made a MOTION to refer to the medical board. Dr. Burrell Tucker, DDS
SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
Case #11-38-COM
Ms. Laura Moss, RDH made a MOTION to refer to AGO for the issuance of an NCA for
violations of 61-5A-21 A (3) & (7) and 16.5.16.10 A, with Proposed Early Resolution that
Respondent shall voluntarily surrender his license to practice dentistry in New Mexico.
Respondent may apply to reinstate his license after he attends a two-year general residency program
and passes a board accepted clinical exam; and respondent shall pay a fine in the amount of
$3,000.00 within thirty (30) days after settlement agreement has been signed by both parties.
Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS
APPROVAL.
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2.
Incident/Malpractice Reports:
Case #10-77-MAL
Ms. Laura Moss, RDH made a MOTION to withdraw the May 6, 2011 motion to issue an NCA
and take no action. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by
UNANIMOUS APPROVAL.
Case #11-14-MAL
Ms. Laura Moss, RDH made a MOTION to refer to AGO for issuance of NCA for violation of 615A-21.A.(12) and 16.5.3.8.B. with proposed early resolution that respondent shall accept a PreNCA Settlement Agreement to pay a fine of $1,000.00 within 30 days and successfully complete
the NM Dental Jurisprudence Examination within 30 days. Dr. Burrell Tucker, DDS SECONDED
the motion. Motion PASSED by UNANIMOUS APPROVAL.
11-15-MAL
No action was taken. The matter was discussed for informational purposes only.
Case #11-24-INC
Ms. Laura Moss, RDH made a MOTION to refer to AGO for the issuance of an NCA for violation
of 61-5A-21.A (1), (2) and 16.5.16.10.B (16) & (26) with proposed early resolution that respondent
accept a Pre-NCA Settlement Agreement that respondent’s license shall be stipulated that he report
to Monitor Treatment Program (MPT) for an initial evaluation within 30 days and comply with any
recommendations MTP deems appropriate. Respondent shall be responsible to make sure that MTP
reports all findings to the Board. Respondent shall be responsible to bear all costs associated to
compliance with MTP. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by
UNANIMOUS APPROVAL.
Case #11-27-INC
No action was taken. The matter was discussed for informational purposes only.
11-29-MAL
No action was taken. The matter was discussed for informational purposes only.
Cases #11-31-INC, 11-33-INC & 11-39-INC
Ms. Laura Moss, RDH made a MOTION to dismiss with Advisory Letter that respondent did
proper thing by reporting of these incidents but with repeated incidents the Board suggests that you
take a Continuing Education course. Dr. Burrell Tucker, DDS SECONDED the motion. Motion
PASSED by UNANIMOUS APPROVAL.
3. Default Orders:
Case #09-19-COM – William Kottke, DDS
Ms. Laura Moss, RDH made a MOTION to withdraw the default order that the board voted on at
the May 6, 2011 meeting. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED
by UNANIMOUS APPROVAL.
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09-19-COM, 09-28-COM, & 09-32-COM
Ms. Laura Moss, RDH made a MOTION to grant request and the board will vote to reopen the
case and consolidate all three cases and set this matter for hearing before the full board on
September 23, 2011 in Albuquerque @ 8:30 a.m. and continue until hearing is finished in
Albuquerque. Location will be determined by Board Staff. Dr. Burrell Tucker, DDS SECONDED
the motion. Motion PASSED by UNANIMOUS APPROVAL.
F. Settlement Agreement:
08-92-COM – Clayton N. Coleman, Jr. DDS
Ms. Laura Moss, RDH made a MOTION to issue an Order to show cause directing Dr. Coleman
Jr, DDS to appear at Board’s meeting November 4, 2011 board meeting to explain his noncompliance with the June 11, 2009 settlement agreement. Dr. Burrell Tucker, DDS SECONDED
the motion. Motion PASSED by UNANIMOUS APPROVAL.
10-59-APP – Daniel G. Sena, DDS
Ms. Laura Moss, RDH made a MOTION to issue an Order stating that respondent’s license shall
be suspended for failure to comply with terms of Settlement Agreement. Respondent’s license shall
be suspended until he successfully completes the NM Dental Jurisprudence Examination.
Suspension of license takes place 10 days after receipt of order. Dr. Burrell Tucker, DDS
SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
10-79-MAL – Robert E. Darmitzel, DDS
Ms. Laura Moss, RDH made a MOTION Respondent shall agree to Proposed Pre-NCA Settlement
Agreement or Board shall issue NCA. It is the Respondent’s responsibility, as a licensee of the
Board, to report all malpractice reports within 30 days pursuant to 61-5A-21.A. (12) and 16.5.3.8.B.
Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS
APPROVAL.
G. Applications:
11-22-APP – Deep Sedation/General Anesthesia
Ms. Laura Moss, RDH made a MOTION to approve temporary deep sedation/general anesthesia
facility permit, Dr. K. Todd Dixon will be performing all Deep Sedation and General Anesthesia.
Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS
APPROVAL.
11-23-APP – General Dentistry by Credentials
Ms. Laura Moss, RDH made a MOTION to stand by original decision made on May 6, 2011. Dr.
Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS
APPROVAL.
10-36-APP – General Dentistry by Credentials
Ms. Laura Moss, RDH made a MOTION to withdrawal NCA referral made on June 4, 2010 and
state that “application is incomplete pursuant to 61.5A.12.C”. Dr. Burrell Tucker, DDS
SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
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11-02-APP – General Dentistry by Credentials
Ms. Laura Moss, RDH made a MOTION to withdrawal NCA referral made on June 4, 2010 and
state that “application is incomplete pursuant to 61.5A.12.C”. Dr. Burrell Tucker, DDS
SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.
H. Discussion & Action:
Roderick Garcia, DDS
For discussion purposes only
Lillian Jaime, DMD
For discussion purposes only
Vincent Martinez, DDS
For discussion purposes only
I. Discussion and Action:
Thomas Hesch, DDS
Ms. Laura Moss, RDH made a MOTION to accept the substance of settlement agreement as
presented to the board on July 29, 2011. Dr. Burrell Tucker, DDS SECONDED the motion.
Motion PASSED by UNANIMOUS APPROVAL.
XI.
ADJOURNMENT
There being no other business to come before the Dental Board, Dr. Jessica Brewster, DDS made
a MOTION to adjourn the meeting at 6:15 pm. Dr. Burrell Tucker, DDS SECONDED the
motion. Motion PASSED by UNANIMOUS APPROVAL.
Submitted by:
Kathy Ortiz, Board Administrator
Date
Approved by: ________________________________________
Jessica Brewster, DDS, Chair
Date
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NM BOARD OF DENTAL HEALTH CARE
REGULAR MEETING
July 29, 2011
1085 Mechem Road
Ruidoso, NM
Training Room
AMENDED
REGULAR MEETING
I.
CALL TO ORDER
II
ROLL CALL
III.
APPROVAL OF AGENDA
IV.
APPROVAL OF MINUTES
May 6, 2011
REPORTS
A. Chair Report – Dr. Jessica Brewster.docx
B. Secretary’s Report – Dr. Burrell Tucker, DDS
DD by Examination – Licenses issued = 42 DD
04/26/11 to 07/21/11
DD by Credentials – Licenses issued = 4 DD
04/26/11 to 07/21/11
Dental Assistants – Licenses issued =
84 DA
04/26/11 to 07/21/11
C. Dental Hygienist Committee Report – Ms. Elizabeth Caress, RDH
DH by Examination – Licenses issued = 18 DH
04/26/11 to 07/21/11
DH by Credentials – Licenses issued =
4 DH
04/26/11 to 07/21/11
D. Anesthesia Committee Report – Dr. John Mitchell, DDS
Nitrous Applications – 11
04/26/11 to 07/21/11
E. NMDA Report – Dr. Shelly Fritz, DDS
F. NM Dept of Health Report - Ms. Carol Hanson, RDH
G. NM Health Services Report - Ms. Britt Catron, RDH NO REPORT
H. Administrator’s Report – Ms. Kathy Ortiz
I. Compliance Liaison Report – Ms. Laura Romero-Halama
J. HB187 Rule Committee
K. Rules & Statute Committee
L. Ad Hoc Committees
V.
VI.
OLD BUSINESS
Appoint Dental Hygienist Committee Representatives
Confirm Future Meeting Dates
October Meeting - October 28, 2011 - Albuquerque
January Meeting – January 27, 2012 – Santa Fe
April Meeting – April 20, 2012 - Farmington
July Meeting C.
SimMan Agreement - Status
D.
Examining Boards:
CRDTS
E.
AADB Annual Meeting – Oct 9-10, 2011
A.
B.
VII.
NEW BUSINESS
A. Open Meeting Resolution
B. Teeth Whitening – Dr. Jessica Brewster, DDS
C. 2012 Budget
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D.
E.
F.
G.
H.
I.
VIII.
2011 Revenue
CODA Site Visits
Letter from Dr. Daniel Duran, DDS
Mission of Mercy – March 1-4, 2012
New Mexico Monitored Treatment Program
Joseph Sears
EXECUTIVE SESSION
A. Consider Request for Inactive Status:
Leonard Baca, DDS
Steven Benson, DMD
Riki Lambert, DDS
Edward Howard Lockwood, DDS
Cecil Mann, DDS
Olakunbi Onime, DDS
Neilesh Patel, DDS
Manuel Ramirez, DDS
Francisco Romero, DDS
Sean Tran, DMD
Blake Wayman, DDS
B. Consider Request for Retirement Status:
James Crine II DDS
Thomas Korbitz, DDS
John Neale, DDS
Richard Stenzhorn, DDS
Tudor Thomas, DMD
Robert White, DDS
C. Renewals for Review:
Bernesteine Brown, DA
William G. Wolfe, DDS
C. Mahlon Fraleigh, DDS
Ricki Felts, DDS
D. Application/Examination for Consideration:
Amanda Montoya, DA
E. Consider Committee Recommendations:
1.
Complaints:
09-48- COM, 09-79-COM, 10-17- COM, 10-21- COM, 10-22- COM, 10-23- COM,
10-52- COM, 10-62- COM, 10-71- COM, 10-73- COM, 10-84- COM, 11-13- COM,
11-18- COM, 11-19- COM, 11-20- COM, 11-21- COM, 11-25- COM, 11-26- COM,
11-28-COM, 11-32- COM, 11-34- COM, 11-35- COM, 11-36- COM, 11-37- COM,
11-38- COM
2.
Incident Reports/Malpractice Reports:
10-77-MAL, 11-14-MAL, 11-15-MAL, 11-24-INC, 11-27-INC, 11-29-MAL
11-31-INC, 11-33-INC, 11-39-INC
3.
Default Orders
09-28-COM – William C. Kottke, DDS
09-32-COM – William C. Kottke, DDS
09-19-COM – William C. Kottke, DDS
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F. Settlement Agreement
08-92-COM – Clayton N. Coleman, Jr., DDS
10-59-APP – Daniel G. Sena, DDS
10-79-MAL – Robert E. Darmitzel, DDS
G. Applications:
11-22-APP – Deep Sedation/General Anesthesia
11-23-APP – General Dentistry by Credentials
10-36-APP – General Dentistry by Credentials
11-02-APP – General Dentistry by Credentials
H. Discussion:
Roderick Garcia, DDS
Lillian Jaime, DMD
Vincent Martinez, DDS
I.
IX.
X.
Discussion and Action:
Thomas Hesch, DDS
BOARD ACTION ON MATTERS DISCUSSED IN EXEC. SESSION
ADJOURNMENT
FYI DOCUMENTS:
ADA House of Delegates Resolution 106H-2010
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(Attachment A)
New Mexico Board of Dental Health Care
Chair’s Report – Dr. Jessica Brewster
July 29, 2011
1. Medication on Dr. Lillian Jaime case with Mary Smith, AAD. Court ordered mediation
because Board did not agree with hearing officer’s (non-dentist) report. Jaime’s attorney
challenged that Board was bound by hearing officers report. In Order to avoid a long,
labor intensive court case, Board agreed to give Mary Smith and I authority to go into
mediation and try to come up with a fair settlement for Dr. Jaime.
2. Secretary of Health, Dr. Katherine Torres called together a Task Force on Prescription
Drug Overdose. I was invited on Chair of NMBDHC. NM leads the nation in druginduced deaths per 100,000 people. Most common drugs causing drug overdose death
are Heroin, Cocaine, Oxycodone and Zanax. Prescription narcotics gateway for heroin
and cocaine.
Goals for Task Force:
a. NM Board of Pharmacy has a Prescription Monitoring Program (PMP) that all
prescribers can enroll in. What all prescribers to be aware and use.
b. Develop guidelines for prescribing opioids for tx of pain.
c. Get all Boards who have prescribers to adopt similar rules so patients are given same
message. May involve legislation so all Boards comply.
d. Office of the Medical Investigator now advises Dept. of Health when an overdose
death occurs. DOH advises last prescriber of overdose death. Want all prescribers
aware of this. OMI and state lab do not have resources to test all MVA deaths to see
if drugs were also involved.
3. Teeth Whitening – Had discussions with the 2 AAG’s who work with the Board, Mary
Smith and Gloria Lucero. Complaints about bleaching being done by non-licensed
dentists have come to the Board. The Board voted in the past the bleaching constitutes
practicing dentistry, but we do not license non-dentists bleachers so it is hard to have
jurisdiction over their activities. Also, AG does not believe we can say only dentists can
bleach because people can do it at home and it may be an infringement on free trade.
What has been proposed is that instead of saying only dentists can bleach teeth; we issue
a certificate to someone who wants to bleach teeth. Because our job is to protect the
public, we can establish criteria for patients and bleachers before bleaching can occur:
1. Pt. must have been seen by a dentist within the last 12 months.
2. Teeth whiteners must have an agreement with a dentist who will see the
patient if post –tx complications arise.
3. Set standards for education before someone can bleach and for CE
4. Set standards for infection control for teeth whitener outfits.
5. Set standards for certificate – test, jurisprudence, fees.
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(Attachment B)
New Mexico Dental Association Report
By Dr. Shelly Fritz, President, NMDA
July 29, 2011
The NMDA House of Delegates met June8-10. You can go to our web site to see the resolutions. We
had an in depth audit which suggested that we developed financial polices to protect the association.
Most of the resolutions reflected the adoption of these polices.
During the past legislative session we offered help to the city of Clayton to help them get a dentist in their
community. The Clayton Task Force chaired by Dr. Robert Gherardi met with the City Council, the
Union County Commissioners, the Hospital Administrator and the Chamber of Commerce on June 17th.
We also talked to the Dalhart, Texas dentists who are less than 50 miles from Clayton. We have recently
finished a report that we are sending to these interested citizens. We were successful in getting a Raton
dentist to buy four operatories of equipment, instruments, and supplies for $25,000 to help him get into
Clayton with less capital invested.
Our profile in the Native American community grows daily with the help of our consultant, Stephanie
Poston. We are working with her and ADA operatives to develop the Community Dental Health
Coordinator in communities that will benefit from such a position. Our July issue of the NMDA Dental
Journal is dedicated to Native American Dental Health Care.
This year we will work with the Dental/Dental Hygiene Liaison Committee to develop a Geriatric
Initiative to get hygienists work on a regular basis in nursing homes.
We are concerned about Medicaid funding this year and are working to see that children, the elderly and
special needs populations continue receiving dental benefits.
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(Attachment C)
To: New Mexico Board of Dental Health Care and the Dental Hygiene Committee
From: Carol Hanson, RDH, MPH
Coordinator, New Mexico Dental Support Center (NMDSC)
New Mexico Department of Health
300 San Mateo NE, Suite 900
Albuquerque, NM 87108
505-222-8685
carol.hanson@state.nm.us
Date: July 29, 2011
Highlights of NMDSC since April 20, 2011:






Attended the National Rural Health Association Conference on May 3-6, 2011 at the Hilton
Austin, TX. Presented “Improving Access to Oral Health Care through a Dental Support Center”
with Mary Altenberg, MS, CHES
Attended the NM Oral Health Advisory Council Meeting on May 13, 2011 in Albuquerque.
Reported on the activities of the NMDSC
Attended the NM Health Resources 19th Annual Health Provider Retreat on May 20-21, 2011 at
the Sagebrush Inn and Conference Center in Taos, NM. Sponsored presentations entitled
“Medical-Dental Integration in the Health Care Setting to Improve Perinatal Oral Health” and
“Fluoride and Tooth Decay Prevention” by Irene Hilton, DDS, MPH, San Francisco DOH.
Provided scholarships for two dentists and seven dental residents
Attended the NMPCA Dental Provider Breakfast Meeting in Taos on May 21, 2011
Developed May and June newsletters with Eileen Goode at the NM Primary Care Association
(NMPCA). Distributed newsletters via e-mail to network dental providers, network dental
educators, UNM dental residents, and executive directors of community health center dental
clinics
Awarded funding to Community Dental Services to conduct a prevention project to include four
presentations on health education; oral health screenings; distribution of toothbrushes, toothpaste
and floss; counseling on dental access and referral
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