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New Mexico Dental Health Care

REGULAR BOARD MEETING

Friday, April 25, 2014

Santa Fe, NM

MEETING MINUTES - DRAFT

1. CALL TO ORDER

At 10:20 a.m. the Board Chair, Dr. Charles Schumacher, DDS, called the New Mexico Board of Dental Health Care April 25, 2014, meeting to order.

2. ROLL CALL

MEMBERS PRESENT: Burrell Tucker, DDS

Kimberly Martin, DMD

Charles Schumacher, DDS

Leo Balderamos, DDS

Jolynn Galvin, DDS

Ermelinda Baca, RDH

Denise Teague-Myrick, RDH

Richard Hatch, Public Member

Robert Blewer, Public Member

MEMBERS ABSENT:

OTHERS PRESENT: Jennifer Salazar, Assistant Attorney General

STAFF PRESENT: Roberta Perea, Board Administrator

Melissa Saiz, Administrative Assistant

Michelle Padilla, Compliance Liaison

Amos Padilla, Team Leader

Roll Call was taken by Roberta Perea and a quorum was determined present.

3. APPROVAL OF AGENDA

Dr. Burrell Tucker, DDS made a MOTION to approve the agenda as written. Ms. Ermelinda Baca, RDH SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

4. APPROVAL OF MEETING MINUTES

January 24, 2014 Regular Board Meeting

Ms. Ermelinda Baca, RDH made a MOTION to approve the minutes of the January 24, 2014 Regular Meeting as written. Ms. Denise Teague-Myrick, RDH SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

5. EXECUTIVE SESSION

Chair: I will hear a motion for closure of the meeting to enter into Executive Session.

Board Member Ms. Ermelinda Baca, RDH: I move that the New Mexico Dental Health Care Board close this meeting in order to enter into Executive Session to discuss the items listed in the agenda. Pursuant to Sections 10-15-1.of the Open Meetings Act authorizing closed sessions for matters related to issuance, suspension, renewal, revocation of a license. Mr. Richard Hatch SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Chair: Would the Board Administrator take a roll call vote to enter into Executive Session?

Roll Call Vote:

Burrell Tucker, DDS Aye

Kimberly Martin, DMD Aye

Charles Schumacher, DDS Aye

Leo Balderamos, DDS Aye

Jolynn Galvin, DDS Aye

Ermelinda Baca, RDH Aye

Denise Teague-Myrick, RDH Aye

Robert Blewer, Public Member Aye

Richard Hatch, Public Member Aye

Chair: The motion is approved by a unanimous approval. Let the record show that at 10:30 a.m. the Board entered into closed session and the recorder has been turned off.

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 12:50 a.m. Pursuant to 10-15-1 H 1, 3 & 7 of the Open Meetings Act the matters discussed in the closed meeting were limited only to the items listed in the motion.

6. BOARD ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION

Let the record show that the Complaint Committee Members Dr. Kimberly Martin, DMD and Mr. Robert Blewer abstained from voting on committee recommended cases.

(Items listed on Agenda)

APPLICATIONS

14-28-APP

Ms. Melissa Barbara, RDH made a MOTION to grant the application. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

DECISION & ORDER

11-59-COM & 12-37-COM (Dr. William Gardner, DDS)

2. Respondent shall take, and successfully pass, the New Mexico Dentist Jurisprudence Examination. The exam must be taken and returned to the Board, with Respondent receiving a passing score of at least 75%, within thirty (30) days from his receipt of this Final Decision and Order. 3. Respondent shall successfully complete twenty (20) hours of Board approved continuing education classes in the following subjects: (1) Ethics, (2) Treatment Planning, (3) Informed Consent, and (4) Implant Complications. The courses must be completed within one year of his receipt of this signed Final Decision and Order. The courses mandated by this Final Decision Order cannot be used to fulfill triennial renewal of continuing education requirements. 4. Respondent shall pay the Board the reporting and transcription costs incurred for this hearing within one (1) year from the date of his receipt of this signed Final Decision and Order. D. Board Chair, Dr. Charles Schumacher, DDS, is designated to sign the order and Assistant Attorney General was given authority to prepare the order. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

11-69-COM (Dr. Gary Ross, DDS)

Ms. Ermelinda Baca, RDH made the following MOTION: A. The Board adopted all of the hearing officer’s proposed findings of fact contained in the Hearing Officer’s Report; B. Based on the findings of fact, the Board made the following conclusions of law. Respondent violated the following statutes and Rules: Sections 61-5A-21(A)(5), and 61-5A-21(A)(7) of the Dental Health Care Act, as well as Rule 16.5.16.10(B)(6) NMAC, Rule 16.5.16.10(B)(10) NMAC, Rule 16.5.16.10(B)(13) NMAC, and Rule 16.5.16.10(B)(15) NMAC. C. Based on these findings of fact and conclusions of law, the Board orders as follows: 1. Respondent shall pay the Board a fine in the amount of three-thousand dollars ($3,000) for his violations of the Dental Health Care Act and the Board’s Rules. Respondent shall pay this fine within six months of his receipt of this signed Final Decision and Order. 2. Respondent shall take, and successfully pass, the New Mexico Dentist Jurisprudence Examination. The exam must be taken and returned to the Board, with Respondent receiving a passing score of at least 75%, within thirty (30) days from his receipt of this Final Decision and Order. 3. Respondent shall successfully complete twelve (12) hours of Board approved continuing education classes in the following subjects: (1) Ethics, (2) Practice Management, and (3) Conscious Sedation. The courses must be completed within one year of his receipt of this signed Final Decision and Order. The courses mandated by this Final Decision Order cannot be used to fulfill triennial renewal of continuing education requirements. 4. Respondent shall pay the Board the reporting and transcription costs incurred for this hearing within six months from the date of his receipt of this signed Final Decision and Order. D. Board Chair, Dr. Charles Schumacher, DDS, is designated to sign the order and Assistant Attorney General was given authority to prepare the order. Ms. Denise Teague-Myrick, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

7. REPORTS

A. Chair Report – Dr. Charles Schumacher, DDS

(Attachment A)

B. Secretary’s Report – Dr. Burrell Tucker, DDS

Dr. Burrell Tucker, DDS reported to the board that from January 14, 2014 through April 1, 2014, the following licenses were issued:

5 Dental licenses issued by Examination

5 Dental licenses issued by Credentials

62 Dental Assistants

0 Expanded Function Dental Auxiliary Certificates

0 Community Dental Health Coordinator Certificates

1 Non-Dentist Owner

Ms. Denise Teague-Myrick, RDH made a MOTION to ratify the Boards Secretaries approval of new licensees report into record. Dr. Leo Balderamos, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

C. Dental Hygienist Committee Report – Ms. Ermelinda Baca, RDH

Ms. Denise Teague-Myrick made a MOTION to ratify the recommendations of the Dental Hygienist Committee. Dr. Leo Balderamos, DDS SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

Licenses Issued for Period 1/14/14 thru 4/1/14

2 Dental Hygienists by Examination

1 Dental Hygienists by Credentials

2 Dental Hygienists by Collaborative Practice

D. Anesthesia Committee Report – Dr. John Mitchell, DDS

(Attachment B)

Dr. John Mitchell, DDS reported to the board that from January 14, 2014 through April 1, 2014 the following permits were issued:

5 Nitrous Oxide Permits,

2 Conscious Sedation I permit

2 Conscious Sedation II permits

0 Deep Sedation/General Anesthesia permits

E. NM Health Services Report, Devi Gajapathi, BDS

No report given

F. NM Dental Association Report-

Verbal report given

G. NMDHA Report, Ms. Mary Kay Vigil, RDH

(Attachment C)

H. PIMA Report – Melissa McDougal-Plese

(Attachment D)

I. NM Department of Health Report – Ms. Carol Hanson, RDH

(Attachment E)

J. AADB Report – Dr. Charles Schumacher, DDS

(Attachment F)

K. WREB Report – Ms. Ermelinda Baca, RDH

(Attachment G)

L. CRDTS Report – Ms. Ermelinda Baca, RDH

Verbal report given

M. NERB Report – Ms. Denise Teague-Myrick, RDH

Verbal report given

N. ADEX Report –

No report given

O. CITA Report – Dr. Kimberly Martin, DMD

No report given

P. SRTA Report –

No report given

Q. Administrator’s Report – Ms. Roberta Perea

Ms. Perea reported to the board that RLD hired new staff (Melissa Saiz, Administrative Assistant and Michelle Padilla, Compliance Officer) she also reported that board staff is working on renewals and postcards should be mailed out within the next week.

R. Compliance Liaison Report – Ms. Michelle Padilla

No report given

S. Rules Committee – Dr. Charles Schumacher, DDS

Dr. Charles Schumacher, DDS reported that a rule hearing is planned for the October board meeting and a rules committee meeting will be schedules here soon.

T. Prescription Drug Misuse and Overdose Prevention and Pain Management Advisory Council-Dr. Balderamos

(Attachment H)

U. Ad Hoc Committees – Dr. Charles Schumacher, DDS will work on appointing Committees for budget and Communication.

V. Quality Health Management Report

(Attachment I)

W. Health Action New Mexico Report – Pamela K. Blackwell, JD

(Attachment J)

8. OLD BUSINESS

A. Confirm Future Meeting Dates and Locations

July Board Meeting – July 18, 2014 – Ruidoso

October Board Meeting – October 17, 2014 – Albuquerque

January Board Meeting – January 30, 2015 – Santa Fe

April Board Meeting – April 24, 2015 – Santa Fe

B. Discussion and Possible action on School-Bases Questionnaire/Dental Mobile Units – Dr. Charles Schumacher, DDS

Mr. Richard Hatch made a MOTION to send out the questionnaire to dental mobile units. Ms. Denise Teague-Myrick, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

C. Discussion and possible action on X-ray Exam recommendations for grading criteria –

Ms. Denise Teague-Myrick, RDH made a MOTION to accept the recommendations for the grading criteria. Dr. Jolynn Galvin, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

D. National Safety Council – Request for CPR Course Approval

Ms. Ermelinda Baca, RDH made a MOTION to accept the CPR course from the National Safety Council. Mr. Robert Blewer SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

E. Discussion and possible action on revising dental jurisprudence exam Update- Dr. Kimberly Martin

Dr. Kimberly Martin, DMD will work on clearing up some questions on the exam.

F. Complete Credentialing and Background Services, LLC – Response – No action taken

9. NEW BUSINESS

A. Budget Report – Kathy Ortiz – No action taken

Ms. Kathy Ortiz did a brief presentation on the dental board budget.

B. Complaint Committee Member Recommendation

Dr. Burrell Tucker, DDS made a MOTION to appoint Bonnie Ruyle to the complaint committee. Dr. Jolynn Galvin, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

C. EMS Safety Services – Request for CPR Course Approval

Dr. Burrell Tucker, DDS made a MOTION to approve the CPR course given by EMS Safety Services. Ms. Denise Teague-Myrick, RDH SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

D. CNM – Melanie Upshaw, Dental Assisting Director, CDHC Program

Melanie Upshaw did a brief presentation on the Community Dental Health Coordinator Program that CNM has been working with the American Dental Association (ADA) to adopt. The purpose of the Community Dental Health Coordinator Program is to educate prevent and negotiate for the community members.

Ms. Ermelinda Baca, RDH mad a MOTION to accept the Community Dental Health Coordinator Program. Dr. Tucker, DDS SECONDED the motion. Motion PASSED BY UNANIMOUS APPROVAL.

E. Specialty Exams

Ms. Roberta Perea will contact WREB and let them know that the specialty exam in still required in NM as it is in statute.

F. DXTR Mannequin Request

Dr. Burrell Tucker, DDS made a MOTION to lend the boards DXTR to Quality Health Management for one year. Quality Health Management will be responsible for maintenance on the DXTR and shall provide documentation to the board showing what maintenance has been done. Ms. Ermelinda Baca, RDH SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

G. Hearing officer Appointments

Ms. Ermelinda Baca, RDH made a MOTION to appoint Ms. Ermelinda Baca, RDH, Ms. Denise Teague-Myrick, RDH and G. Mark Yarbrough, DDS as hearing officers. Dr. Burrell Tucker, DDS SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

H. Public Comment - None

10. EXECUTIVE SESSION

Chair: I will hear a motion for closure of the meeting to enter into Executive Session.

Board Member Ms. Ermelinda Baca, RDH: I move that the New Mexico Dental Health Care Board close this meeting in order to enter into Executive Session to discuss the items listed in the agenda. Pursuant to Sections 10-15-1.of the Open Meetings Act authorizing closed sessions for matters related to issuance, suspension, renewal, revocation of a license. Mr. Richard Hatch SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Chair: Would the Board Administrator take a roll call vote to enter into Executive Session?

Roll Call Vote:

Burrell Tucker, DDS Aye

Kimberly Martin, DMD Aye

Charles Schumacher, DDS Aye

Leo Balderamos, DDS Aye

Jolynn Galvin, DDS Aye

Ermelinda Baca, RDH Aye

Denise Teague-Myrick, RDH Aye

Robert Blewer, Public Member Aye

Richard Hatch, Public Member Aye

Chair: The motion is approved by a unanimous approval. Let the record show that at 3:09 p.m. the Board entered into closed session and the recorder has been turned off.

Back in Open Session