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

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