Board of Registration in Dentistry

General Session Minutes

November 7, 2012

Adopted by Board December 5, 2012; Amended by Board February 6, 2013

The Commonwealth of Massachusetts

Executive Office of Health and Human Services

Department of Public Health

Division of Health Professions Licensure

239 Causeway Street, Suite 500, 5th Floor, Boston, MA 02114

DEVAL L. PATRICK
GOVERNOR
TIMOTHY P. MURRAY
LIEUTENANT GOVERNOR
JUDYANN BIGBY, MD
SECRETARY
LAUREN A. SMITH, MD, MPH
INTERIM COMMISSIONER

MASSACHUSETTS BOARD OF REGISTRATION IN DENTISTRY

239 Causeway Street, Boston, MA 02114

Room 417

November 7, 2012

AGENDA

8:30 a.m. / Call to Order
A. / Executive Session (closed to the public)
B. / Adjudicatory Session (closed to the public)
C. / Educational Session (closed to the public)
9:30 a.m. / D. / Reciprocal Discipline—Board Counsel Marsha Bird
--In the Matter of DEN-2012-0101: Dr. Gia Bao Nguyen
E. / Reconsiderations of Prior Board Actions—Board Counsel Marsha Bird
--In the Matter of DEN-2012-0026: Dr. Jana Sokol
--In the Matter of DEN-2012-0073: Sandra Hersey, RDH
--In the Matter of DEN-2011-0189: Dr. Peter Mortelliti
F. / Complaint Resolution—Pending Board Cases—Sarah Millar
--In the Matter of DEN-2012-0039: Dr. Maylene Chu
--In the Matter of DEN-2012-0027: Dr. Brian Mangano
--In the Matter of DEN-2011-0187: Dr. Sylvia Koo
--In the Matter of DEN-2012-0055: Dr. Terrance Criswell
--In the Matter of SA-INV-2824: Dr. Seth Latimer
G. / Complaint Resolution—Pending Board Cases—Kathy Perault
--In the Matter of SA-INV-2739: Dr. Laura Gramse
--In the Matter of SA-INV-2770: Dr. Ekaterina Mamulashvili
--In the Matter of DEN-2012-0049: Dr. John Miller
--In the Matter of DEN-2012-0059: Dr. Peter Antonopoulos
--In the Matter of DEN-2012-0060: Dr. Cynthia Fox
--In the Matter of DEN-2012-0061: Dr. Howard Lerner
--In the Matter of DEN-2012-0062: Dr. Jeffrey Guay
--In the Matter of DEN-2012-0063: Dr. Ellen Spielberg
--In the Matter of DEN-2012-0067: Dr. Stephen Abramowitz
--In the Matter of DEN-2012-0095: Dr. Raffi Merjik
H. / Complaint Resolution—Pending Board Cases—Eileen Mulligan
--In the Matter of DEN-2011-0013: Dr. Raffi Merjik
--In the Matter of DEN-2011-0017: Dr. Raffi Merjik
--In the Matter of DEN-2011-0097: Dr. Raffi Merjik
--In the Matter of SA-INV-1970: Dr. Peter Niahros
--In the Matter of SA-INV-2278: Dr. Sarat Ummenthala
--In the Matter of SA-INV-2359: Dr. Sarat Ummenthala
--In the Matter of SA-INV-2489: Dr. Awini Jagadeesh
I. / Complaint Resolution—Pending Board Cases—Kathleen O’Connell
--In the Matter of DEN-2011-0051: Dr. Lilia Cucerov
--In the Matter of DEN-2011-0050: Dr. Elena Siniver
--In the Matter of SA-INV-2369: Dr. Hamid Esbah-Tabatabaie
--In the Matter of SA-INV-2645: Dr. Rebecca Paglia
--In the Matter of SA-INV-2713: Small Smiles
J. / Complaint Resolution—Pending Board Cases—Barbara Yates
--In the Matter of DEN-2012-0017: Dr. Fadi Metri
--In the Matter of SA-INV-2782: Dr. Sanjiv Nehra
--In the Matter of SA-INV-2805: Dr. Joseph Mills
--In the Matter of SA-INV-2806: Dr. Amanda Jones
K. / Approval of Minutes of the October 3, 2012 Meeting
L. / Administrative Matters
--AADB and AADA Updates
--PGY-1 Discussion
Adjournment
NEXT MEETING: December 5, 2012

MASSACHUSETTS BOARD OF REGISTRATION IN DENTISTRY

239 Causeway Street, Boston, MA 02114

Room 417

November 7, 2012

AMENDED GENERAL SESSION MINUTES

Board Members Present: Dr. Mina Paul, Chair; Dr. Roderick Lewin, Secretary; Dr. Milton Glicksman; Dr. Stephen DuLong; Dr. Cynthia Stevens; Ms. Ailish Wilkie, CPHQ (arrived @ 8:58); Ms. Lois Sobel, RDH; Ward Cromer, Ph.D.; Ms. Diane Grondin, CDA Advisor.

Absent: Dr. John Hsu

Staff Members Present: Kathleen Atkinson, Executive Director; Marsha Bird, Board Counsel; Dr. Liliana DiFabio, Supervisor of Investigations; Investigators Sarah Millar, Kathleen O’Connell, Kathy Perault, Eileen Mulligan, Lisa Seeley-Murphy and Barbara Yates; Richard Banks, Prosecuting Counsel; Rosie Rogers, Administrative Assistant; Erin Belitskus.

Absent: Jeffrey Mills, Assistant Executive Director

Motion: / To commence the meeting, at 8:36 a.m.
Motion Made By: / Dr. Cynthia Stevens
Second: / Ms. Lois Sobel
Vote: / Unanimous
Motion: / To re-order agenda, at 8:36 a.m.
Motion Made By: / Dr. Cynthia Stevens
Second: / Ms. Lois Sobel
Vote: / Unanimous
Motion: / To Enter Executive Session, at 8:36 a.m.
Motion Made By: / Dr. Cynthia Stevens
Second: / Dr. Stephen DuLong
Vote: / Yea: Dr. Stephen DuLong; Dr. Milton Glicksman; Dr. Roderick Lewin; Dr. Cynthia Stevens; Ms. Lois Sobel, RDH; Ward Cromer, Ph.D.
Abstain: Dr. Mina Paul
Non-Voting Member: Ms. Diane Grondin, CDA Advisor
Motion: / To Leave Executive Session, at 8:53 a.m.
Motion Made By: / Ms. Lois Sobel
Second: / Dr. Stephen DuLong
Vote: / Yea: Dr. Stephen DuLong; Dr. Milton Glicksman; Dr. Roderick Lewin; Dr. Cynthia Stevens; Ms. Lois Sobel, RDH; Ward Cromer, Ph.D.
Abstain: Dr. Mina Paul
Non-Voting Member: Ms. Diane Grondin, CDA Advisor
Motion: / To Enter Adjudicatory Session, at 8:53 a.m.
Motion Made By: / Ms. Lois Sobel
Second: / Dr. Cynthia Stevens
Vote: / Yea: Dr. Stephen DuLong; Dr. Milton Glicksman; Dr. Roderick Lewin; Dr. Cynthia Stevens; Ms. Lois Sobel, RDH; Ward Cromer, Ph.D.
Abstain: Dr. Mina Paul
Non-Voting Member: Ms. Diane Grondin, CDA Advisor
Motion / To Leave Adjudicatory Session, at 9:21 a.m.
Motion Made By / Ms. Lois Sobel
Second / Ms. Ailish Wilkie
Vote / Yea: Dr. Stephen DuLong; Dr. Milton Glicksman; Dr. Roderick Lewin; Dr. Cynthia Stevens; Ms. Lois Sobel, RDH; Ms. Ailish Wilkie, CPHQ; Ward Cromer, Ph.D.
Abstain: Dr. Mina Paul
Non-Voting Member: Ms. Diane Grondin, CDA Advisor
Motion: / To Enter Educational Session, at 9:21 a.m.
Motion Made By: / Ms. Lois Sobel
Second: / Dr. Cynthia Stevens
Vote: / Yea: Dr. Stephen DuLong; Dr. Milton Glicksman; Dr. Roderick Lewin; Dr. Cynthia Stevens; Ms. Lois Sobel, RDH; Ms. Ailish Wilkie, CPHQ; Ward Cromer, Ph.D.
Abstain: Dr. Mina Paul
Non-Voting Member: Ms. Diane Grondin, CDA Advisor
Motion: / To Leave Educational Session, at 9:40 a.m.
Motion Made By: / Dr. Stephen DuLong
Second: / Ms. Ailish Wilkie
Vote: / Yea: Dr. Stephen DuLong; Dr. Milton Glicksman; Dr. Roderick Lewin; Dr. Cynthia Stevens; Ms. Lois Sobel, RDH; Ms. Ailish Wilkie, CPHQ; Ward Cromer, Ph.D.
Abstain: Dr. Mina Paul
Non-Voting Member: Ms. Diane Grondin, CDA Advisor
Motion: / To Enter General Session, at 9:40 a.m.
Motion Made By: / Ms. Lois Sobel
Second: / Dr. Cynthia Stevens
Vote: / Unanimous

Administrative Matters

--NERB, AADB, and AADA Updates

Dr. Paul updated the Board on NERB elections for the New England District which includes Massachusetts, Maine and Vermont, and provided an overview of the election process. Dr. Paul encouraged current Board Members to attend the next NERB meeting the weekend of January 12, 2013 in Orlando. Dr. Stephen DuLong is the current Educator Representative Member for the New England District.

Dr. Paul, Dr. Glicksman, Dr. Stevens, and Ms. Atkinson attended and reported on the annual AADB meeting that took place in San Francisco, CA in October 2012. Members and Executive Directors of State Boards across the nation gathered at this meeting and discussed diverse issues that Boards are facing currently. Some of the topics raised at the meeting included legal issues, current board policies, use of botulinum toxin by general dentists, prescription monitoring, corporate dentistry, and the role of fines in disciplinary actions. Ms. Atkinson also attended the annual AADA meeting of Executive Directors and Attorneys for state dental boards nation-wide.

--PGY-1

There is no new information at this point in time.

Reciprocal Discipline—Board Counsel Marsha Bird

--In the Matter of DEN-2012-0101: Dr. Gia Bao Nguyen

Motion: / To offer licensee the opportunity to voluntarily surrender his license to practice dentistry in Massachusetts until such time as his license is reinstated in good standing, without any terms and conditions, by the Florida Board of Dentistry. In lieu of voluntarily surrendering his Massachusetts license, Licensee shall be suspended by the Massachusetts Board until such time as he is reinstated in good standing, without any terms and conditions, by the Florida Board of Dentistry
Motion Made By: / Ms. Lois Sobel
Second: / Dr. Cynthia Stevens
Vote: / Unanimous
Justification: / ● Violation of 234 CMR 4.02 (2) (a) by failing to disclose the Reprimand issued by the Florida Board on his 2012 license renewal application.
● Violation of 234 CMR 9.05 (21): Any disciplinary action against a licensee in another state or jurisdiction for conduct similar to conduct that would constitute grounds for discipline by the Board;
● Violation of 9.05 (27): Failing to report to the Board, in writing, within 30 days, any final action taking regarding one’s license to practice dentistry…by any governmental authority in this state or another jurisdiction..
● Licensee violated M.G. L. c. 112, § 51A and 234 CMR 8.02 (1), by failing to complete continuing education required for license renewal for license renewal period 2010-2012, License Renewal Date, March 31, 2012.
● Licensee violated 234 CMR 8.07(2) by signing under pains and penalties of perjury that continuing education requirement for license renewal was fulfilled
● Licensee violated M.G. L. c. 94C, §18(e) by failing to complete continuing education in pain management required for license renewal.
● Licensee violated 234 CMR 8.03(a) by failing to complete continuing education in infection control required for license renewal.

Reconsiderations of Prior Board Actions—Board Counsel Marsha Bird

--In the Matter of DEN-2012-0026: Dr. Jana Sokol

Motion: / To grant Motion for Reconsideration and offer Licensee a Consent Agreement for Probation for one year.
Motion Made By: / Dr. Milton Glicksman
Second: / Dr. Cynthia Stevens
Vote: / Unanimous

--In the Matter of DEN-2012-0073: Sandra Hersey, RDH

Motion: / To grant Motion for Reconsideration and dismiss this matter with an advisory to correctly answer the disciplinary questions on the license renewal form.
Motion Made By: / Ms. Lois Sobel
Second: / Dr. Milton Glicksman
Vote: / Unanimous

--In the Matter of DEN-2011-0189: Dr. Peter Mortelliti

Motion: / To grant Motion for Reconsideration and dismiss without prejudice.
Motion Made By: / Dr. Milton Glicksman
Second: / Dr. Stephen DuLong
Vote: / Unanimous

Complaint Resolution—Pending Board Cases—Sarah Millar

Investigators presented their previous distributed Investigative Reports, together with relevant clarifications and supplemental information as necessary.

--In the Matter of DEN-2012-0039: Dr. Maylene Chu

Allegation: / Inferior treatment
Motion: / To offer Probation for six months, and to include the following Continuing Education:
·  Full Day: Risk Management
·  Full Day: Record Keeping
·  Complete course in Pain Management/Prescription Monitoring
● Complete continuing education credits required for license renewal ending March 31, 2012.
Motion Made By: / Dr. Cynthia Stevens
Second: / Dr. Milton Glicksman
Vote: / Unanimous
Justification: / ·  Licensee violated M.G. L. c. 112, § 51A and 234 CMR 8.02 (1), by failing to complete continuing education required for license renewal for license renewal period 2010-2012, License renewal date: March 31, 2012.
·  Licensee violated 234 CMR 8.07(2) by signing under pains and penalties of perjury that continuing education requirement for license renewal was fulfilled
·  Licensee violated M.G. L. c. 94C, §18(e) by failing to complete continuing education in pain management required for license renewal.
·  Licensee violated 234 CMR 9.04 (14), Recognized standards of care, by failing to diagnose a root tip remaining following the extraction of tooth #16.

--In the Matter of DEN-2012-0027: Dr. Brian Mangano

Allegations: / Patient abandonment and inferior treatment
Motion: / To offer Suspension for one year, to be followed by a term of probation to be determined at time of reinstatement of license to practice dentistry. Also to include the following requirements:
·  Complete American Association of Dental Boards Assessment Services Program/D-Prep
·  Upon completion of this program and review of report, Board will determine continuing education programs to be completed.
·  Upon reinstatement of Licensee Board shall inspect dental practice prior to re-opening of office.
Motion Made By: / Ms. Lois Sobel
Second: / Dr. Cynthia Stevens
Vote: / Unanimous
Justification: / ·  Licensee violated M. G. L. c. 112, §61 and 234 CMR 9.05 (14) by failing to expose radiographs from on or about February 13, 1986 until on or about May 27, 2010 for Patient A and failing to observe decay in tooth #18 (for which a gold crown had been placed in 1986) which resulted in the development of an infection requiring hospitalization and oral surgery to remove tooth.
·  Licensee violated 234 CMR 9.05 (14) in the fabrication of a fixed bridge (for teeth #s’s 6,7,8,9,10,11) which did not fit properly resulting in decay under the bridge, extraction of four carious teeth, and the fabrication of a new bridge by a subsequent provider.
·  Licensee violated 234 CMR 5.14 by failing to properly document the patient record. Said deficiencies include, but are not limited to, the failure to perform and/or document oral cancer screening, periodontal charting, a treatment plan, and general informed consent.

--In the Matter of DEN-2011-0187: Dr. Sylvia Koo

Allegations: / Patient abandonment, inferior treatment and failure to release records
Motion: / To dismiss the matter without prejudice.
Motion Made By: / Dr. Cynthia Stevens
Second: / Dr. Milton Glicksman
Vote: / Unanimous

--In the Matter of DEN-2012-0055: Dr. Terrance Criswell

Allegation: / Billing practice issue
Motion: / To offer Stayed Probation for one year, and to include the following Continuing Education:
Full Day: Risk Management
Full Day: Record Keeping
Full Day: Treatment of the Geriatric Patient
Motion Made By: / Dr. Milton Glicksman
Second: / Dr. Cynthia Stevens
Vote: / Unanimous
Justification: / ·  Licensee violated 234 CMR 5.15, Content of Patient Records, by failing to perform and/or document: written informed consent regarding treatment for Patient A, oral cancer screening, charting for hard tissue, and notification to complainant of fees associated with repeated prophylaxis treatment for Patient A.
·  Licensee violated 234 CMR 9.05 (14) when on or about April 2011 he accepted full payment from complainant for the fabrication of a new denture for Patient A and failed to deliver the denture for several months, by which time Patient A passed away in August 2011.

--In the Matter of SA-INV-2824: Dr. Seth Latimer

Allegations: / Patient abandonment and discrimination
Motion: / To not open as a formal complaint.
Motion Made By: / Dr. Milton Glicksman
Second: / Ms. Ailish Wilkie
Vote: / Unanimous

--In the Matter of SA-INV-2739: Dr. Laura Gramse