MINUTES UTAH DENTIST & DENTAL HYGIENIST ELECTRONIC MEETING
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MINUTES UTAH DENTIST & DENTAL HYGIENIST ELECTRONIC MEETING March 5, 2021 9:00 A.M. Salt Lake City, UT 84114 CONVENED: 9:03 A.M. ADJOURNED: 12:45 P.M. DOPL STAFF PRESENT: Bureau Manager: Larry Marx Investigation: Matt Hunsaker Board Secretary: Lisa Martin Compliance Manager: Tracy Naff Compliance Specialist: Lisa Lynn BOARD MEMBERS PRESENT: Kathleen Harris, RDH Ron Bowen, DDS Gloria Miley, Public Member Ruediger Tillmann, DDS Daniel Poulson, DDS Kathleen Young, RDH Shannon Sorensen, DDS Jason Chandler, DMD Bryon Talbot, DDS BOARD MEMBERS NOT PRESENT: GUESTS: Rori Bankhead Bobbi Roberts Kim Michelson David Okano Anthony Fry Rich Fisher Laura Green Note: Other guests may have been in attendance electronically but were not identified. ADMINISTRATIVE BUSINESS: Call Meeting to Order Dr. Bowen called the meeting to order at 9:03 a.m. Read and Approve December 5, 2020 Minutes (0:03) Ms. Young made a motion approving the minutes as revised. Dr. Poulson seconded the motion. The Board motion passed unanimously. APPOINTMENTS: INVESTIGATION UPDATE (0:27) Mr. Hunsaker reviewed the investigation report stating in 2020 there were 121 cases received and 110 cases were closed. Mr. Hunsaker stated between January and February there were 4 letters of concern issued and 1 citation issued. Mr. Hunsaker stated there were 31 cases received of those 29 were assigned and 19 cases were closed. 1
COMPLIANCE UPDATE (0:06) Dr. Shulze has submitted all required reports, no missed check-ins and all tests were negative. Dr. Bankhead has submitted the mental health evaluation; however, the physical evaluation and March supervisor report have not been submitted. Dr. Bankhead’s supervisor has submitted a notice that he no longer wants to act as supervisor. Dr. Bankhead has no missed check-ins, one positive test, one out of range test, and one positive blood test. Dr. Christensen has submitted all required reports, no missed check-ins and all negative tests. Dr. Christensen has submitted a proposed supervisor and a request to reinstate the controlled substance license. Dr. LaFeber had not submitted employer reports or record reviews until just before the meeting. Dr. LaFeber doesn’t have an approved supervisor at this time. Dr. Hibbert has submitted all required reports, has no missed check-ins and all tests were negative. Ms. Harris made a motion to close the meeting in accordance with the Open and Public Meetings Act, 52-4-205(1)(a) to discuss the character, professional competence or physical or mental health of an individual. Dr. Talbot seconded the motion. All Board members voted in favor of closing the meeting. The meeting was closed at 9:25 a.m. The meeting was opened at 9:47 a.m. DR. ANDREW VERNON, REPRIMAND INTERVIEW (0:32) Dr. Sorensen conducted the interview asking how Dr. Vernon is doing. Dr. Vernon reviewed changes being made within his clinic. Dr. Vernon stated this process has helped him learn to slow down and take the time to fully assess each case. Dr. Bowen asked how Dr. Vernon is addressing cases that don’t go smooth. Dr. Vernon stated he is more judicious with referrals. Dr. Vernon stated because he has slowed down to ensure correct action is taken with each case and more discussion with patients about potential issues has helped. Dr. Bowen thanked Dr. Vernon for his time and cooperation with the Board’s requests. DR. RICHARD SHULZE, PROBATIONARY INTERVIEW (0:38) Dr. Bowen conducted the interview asking how Dr. Shulze is doing. 2
Dr. Shulze stated he continues to work three days a week and with a staff of three. Ms. Harris made a motion recommending the removal of all toxicology testing from Dr. Shulze’s requirements. Dr. Talbot seconded the motion. The Board motion passed unanimously. Mr. Marx asks about a complaint filed against Dr. Shulze. Dr. Shulze stated he had a patient with a failed implant who indicated she would contact the Board. An appointment was made for Dr. Shulze to meet with the Board on June 4, 2021. DR. ALEX BANKHEAD, INITIAL PROBATIONARY INTERVIEW (0:46) Dr. Bowen conducted the interview asking about the required physical evaluation and Dr. Bankhead stated the physical evaluation was completed and should have been submitted prior to today; however, there is a follow-up scheduled in two weeks. Dr. Bowen asked about the positive test results on 1-12-2021 and 2-10-2021. Dr. Bankhead stated after a divorce hearing on 1-8-2021 he admittedly consumed alcohol. Dr. Bankhead stated on the following Tuesday at a dental appointment he used a mouth wash that was alcohol based and something about swishing. Dr. Bankhead stated on 2-10-2021 he completed a blood test. Dr. Bowen stated the stipulation includes the restriction of alcohol consumption. Dr. Bowen asked if Dr. Bankhead has purchased or consumed alcohol after signing the stipulation. Dr. Bankhead stated he has on one occasion purchased and consumed alcohol. Ms. Young asked if Dr. Bankhead can explain the positive result of the blood test. Dr. Bankhead stated he has no explanation for the positive result; however, it may be due to the test being able to track back 30 days. Ms. Harris asked about Dr. Bankhead’s meeting attendance. Dr. Bankhead stated he meets with a personal therapist, AA meetings most days, and the professionals in recovery (PIR) meetings. Dr. Tillman asked if Dr. Bankhead had ever been impaired while operating or working with the public. 3
Dr. Bankhead stated he had never been impaired while operating or working with the public. Dr. Poulson asked about the blood test results. Ms. Lynn read from the assessment stating “yes this result could be from 3 beers and alcohol mouthwash; however, he should be requesting mouthwash without alcohol.” Ms. Miley asked if Dr. Bankhead is currently practicing. Dr. Bankhead stated he works four days a week. Dr. Tillmann asked about Dr. Larson no longer acting as a supervisor. Dr. Bankhead stated Dr. Larson recently sent a message indicting he no longer wanted to continue as supervisor. Dr. Bankhead stated he has been in communication with Mr. Marx concerning obtaining new supervision. The Board determined Dr. Bankhead is not in compliance with his stipulation. An appointment was made for Dr. Bankhead to meet with the Board on June 4, 2021. DR. STEVEN CHRISTENSEN, PROBATIONARY INTERVIEW (1:12) Dr. Chandler conducted the interview asking how Dr. Christensen has been doing. Dr. Christensen stated he has been doing well and is working an average of 3 days a week. Dr. Christensen stated the clinic has a nurse anesthetist attend procedures that require sedation. Dr. Chandler asked about Dr. Christensen’s request to reinstate the controlled substance license. Dr. Christensen stated currently if a patient requires more than Tylenol and/or Ibuprofen they connect with their primary provider. Dr. Chandler asked about Dr. Christensen’s sobriety, meeting attendance, and support system. Dr. Christensen stated he participates in four meetings a month and his wife is his biggest support. Dr. Christensen stated he utilizes several tools from the aftercare program. Dr. Chandler made a motion recommending the Utah controlled substance license be reinstated. Ms. Miley seconded the motion. The Board motion passed unanimously. 4
Dr. Chandler made a motion approving Dr. Anderson as supervisor. Ms. Young seconded the motion. The Board motion passed unanimously. An appointment was made for Dr. Christensen to meet with the Board on June 4, 2021. DR. NICHOLAS LAFEBER, PROBATIONARY INTERVIEW (1:23) Dr. Tillmann conducted the interview asking how Dr. LaFeber is doing. Dr. LaFeber stated in December there were issues with the sale of the Sandy office. Dr. LaFeber stated he is now working in both Sandy and Holliday locations. Dr. LaFeber stated he has completed 50 hours of continuing education. Dr. LaFeber stated he has submitted a CV for Dr. Fisher to be reviewed for approval as a supervisor. Dr. LaFeber stated he has meet with Dr. Fisher a couple of times and it has been very helpful. Dr. Bowen welcomed Dr. Fisher to the meeting and invited him to provide his background. Dr. Fisher reviewed his education and practice history. Dr. Fisher stated he has reviewed the stipulation and has reviewed patient records from Dr. LaFeber’s practice. Ms. Miley asked if Dr. LaFeber selected the files that were reviewed. Dr. Fisher stated he now has access to Dr. LaFeber’s electronic medical record system and he has selected the records for review. Dr. Fisher stated with the records he has selected he has also reviewed past treatment to see the treatment progression. Dr. Poulson made a motion approving Dr. Fisher as supervisor. Dr. Talbot seconded the motion. The Board motion passed unanimously. An appointment was made for Dr. LaFeber to meet with the Board on June 4, 2021. DR. S. HIBBERT, PROBATIONARY INTERVIEW (1:52) Dr. Poulson conducted the interview asking how Dr. Hibbert has been doing. Dr. Hibbert stated he is doing well, working two days a week and has a strong support system. Ms. Lynn asked if the Board would consider changing the frequency of supervisor report submission to quarterly. 5
Ms. Harris asked if the current supervisor has been in place for at least six months; or if there have been any concerns. Ms. Lynn stated Dr. Hibbert’s supervisor has been in place for more than six months and there are no concerns. Ms. Young made a motion recommending the supervisor reports be submitted on a quarterly basis. Ms. Harris seconded the motion. The Board motion passed unanimously. An appointment was made for Dr. Hibbert to meet with the Board on Jun 4, 2021. DISCUSSION: CERTIFICATION FOR AN EDUCATIONAL SPECIALIST (2:02) The Board welcomed Ms. Jeffs to the meeting for her presentation. Ms. Jeffs reviewed an educational specialist program offered which provides a certificate and is offered by the national hygienist association. Ms. Jeffs reviewed the requirements and components of the course. Ms. Jeffs stated the intent of attending the meeting with this topic is to review how this certification could be used in the state of Utah. The Board requested a written summary of the program information. Ms. Young stated this certification could assist in the dental profession’s goal of being more integrated in the medical field. Dr. Bowen stated this certification could require a change in the practice act. BOARD’S ROLE IN SUPERVISION SELECTION (2:16) Dr. Poulson stated currently probationers are charged with finding their own supervisor which could result in unintended peer pressure. Dr. Poulson stated the probationer selecting their own supervisor could hinder objective supervision. Dr. Poulson queried if another method that the Board is more involved in selecting or providing a potential supervisor. Dr. Radmall suggested previous board members could be a good option to recommend as supervisors. Dr. Poulson stated the Board composed a list of potential supervisors to assist and ensure the supervisor is in close proximity to where the probationer practices. Ms. Harris suggested including a request in the UDA newsletter to see if there would be interest from providers willing to act as a supervisor. 6
Dr. Tillmann suggested the Board compose a list of expectations to include in the newsletter to assist in communicating the importance of the supervisor’s role. Dr. Radmall stated if the Board provides information about the role of supervisor the UDA can include the information in the newsletter. EXECUTIVE ORDER- REDUCING LICENISNG BURDENS (2:28) Mr. Marx reviewed the executive order issued by Governor Cox; which requires a review of the requirements to ensure there are not undue burdens for licensure in Utah. The Board determined the requirement for CODA accredited transcripts for dental hygienist by endorsement may be removed similar to the changes made for dentists applying by endorsement. LCENSING FOR EDUCATORS (2:39) Dr. Bowen welcomed Dr. Okano from the University of Utah. Dr. Okano stated the University of Utah has had issues when seeking to employ specialists in their dental school, several of the applicants have obtained education outside of the US and do not qualify for the Utah license. Dr. Okano stated an educator license type would not assist in the hiring process as the educator license is considered limited by the University of Utah. Dr. Poulson stated the request as stated would require a change in the statute. Dr. Okano asked if there is anything within the existing policies that would allow the described individuals to be licensed. Mr. Marx referred to the exemption for licensure in the umbrella act. Mr. Marx stated if the exemption doesn’t meet the needs of the university then a change of the practice act would need to occur. NEXT SCHEDULED MEETING: JUNE 4, 2021 ADJOURN: Meeting adjourned at 12:45 P.M. Note: These minutes are not intended to be a verbatim transcript but are intended to record the significant features of the business conducted in this meeting. Discussed items are not necessarily shown in the chronological order they occurred. 7
_________________________ (ss) _____________________________________ Date Approved Chairperson, Utah Dentist & Dental Hygienist Licensing Board _________________________ (ss) _____________________________________ Date Approved Bureau Manager, DOPL 8
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