New Jersey State Board of Dentistry

June 6, 2001

Public Meeting Minutes

The meeting was called to order at 10:00 A.M. by Dr. Barbara Rich, President of the Board.

OPEN PUBLIC MEETINGS ACT NOTICE:
Read by Kevin Earle, Executive Director.

ATTENDANCE:
The following members of the Board were in attendance: Dr. Valentine Bloch; Dr. Emil Cappetta; Mr. Louis Cardenas; Dr. Anthony Chibbaro; Patricia Delaney, RDH; Mrs. Helen Huber; Dr. William Orlacchio; Dr. John Ricciani; Dr. Barbara Rich; Dr. Arnold Rosenheck; Dr. Abraham Samansky.

ADDITIONAL ATTENDEES WERE:
Nancy Costello Miller, Deputy Attorney General; Rhonda Pope Stephens, Deputy Attorney General; Kevin B. Earle, Executive Director; Bernadette Dudek, Div. Rep.; Michael Dominach, Paralegal; Cecilia Moreira, Management Assistant.

APPROVAL OF MINUTES:
April 18, 2001 - Approved as amended.
May 2, 2001 - Approved as amended.
May 16, 2001 - Approved as amended.
April 4, 2001 - Mr. Meisel from NJDA requested the following correction - Page 4 #2 - Spelling of David Caggiano and removal "NERB" in that sentence.

EXECUTIVE DIRECTOR'S REPORT:

1. Mr. Earle thanked the members that put together the presentation for the June 1st meeting in Atlantic City. Dr. Rich thanked the members as well as NJDA indicating that this meeting was mutually beneficial.

Mr. Earle discussed the dental renewals. Dental licenses expire on October 31, 2001 and preparation is underway. He noted that the medical condition questions will be sent out prior to the renewal form. A renewed registration will not be issued unless both forms are returned. In addition, requests for change of address will be accepted via the Internet.

APPEARANCES:

1:30 P.M. - Dr. Brian Kiernan - Appearance concerning his request for reinstatement of license which expired 10-31-1999. Dr. Kiernan appeared with counsel. A certified shorthand reporter was available to take sworn testimony.

Dr. Kiernan discussed with the Board his evaluation for certain medical conditions.

At the conclusion of all questioning, the Board in a motion by Dr. Orlacchio, seconded by Dr. Ricciani granted Dr. Kiernan a license to practice dentistry.

The Board moved to Executive Session for further discussion of this matter.

COMMITTEE REPORTS:

Dr. Tayseer Ibrahim - The Board discussed his application for a dental license in New Jersey. He attended a two year program for foreign trained dentists at the University of Illinois in Chicago, Illinois. He did not receive a DDS or DMD. Although this program is recognized in the State of Illinois, it does not meet the criteria for licensure in New Jersey because it is not an ADA recognized program. The Board in a motion by Dr. Orlacchio, seconded by Dr. Cappetta denied this application.

Secretary's Report

- The Board in a motion by Ms. Delaney, seconded by Dr. Samansky approved the list of applicants for licensure.

NOT ON THE AGENDA:

Oral & Maxillofacial Radiology - The Board in a motion by Mrs. Huber, seconded by Ms. Delaney approved the following definition for this new specialty: "Oral and maxillofacial radiology is the specialty of dentistry and discipline of radiology concerned with the production and interpretation of images and data produced by all modalities of radiant energy that are used for the diagnosis and management of diseases, disorders and conditions of the oral and maxillofacial region". Licensees may now submit applications for specialty permits for this specialty.

INCIDENT REPORTS:

Sophia Nichols, D.M.D.
Harold D. Greenfield, D.M.D.
Stephen C. Barbell, D.D.S.

The Board took this as informational.

MISCELLANEOUS REQUESTS FOLLOWING DISCIPLINARY ACTION:

Harry Insabella, D.D.S. - The Board reviewed his request for reinstatement of license. His license was revoked in 1998 on the grounds of conviction of a crime of moral turpitude. He is also still incarcerated on charges directly related to this incident. The Board determined that any application for reinstatement will be reviewed in accordance with the Rehabilitated Convicted Offenders Act.

Ira Eisenstein, D.M.D. - (Dr. Rosenheck recused himself) - The Board reviewed his request for removal of certain restrictions placed on his license by Order filed on August 4, 1999. After considering the materials submitted, the Board in a motion by Dr. Chibbaro, seconded by Ms. Delaney determined that the requirement for supervision be removed. However, he shall continue treatment with his psychiatrist and psychologist. A revised Order will be prepared.

Norman Kurtzman, D.D.S. - The Board reviewed a report from the Professional Health Monitoring Program in Harrisburg, Pennsylvania confirming that he is in compliance with all of his monitoring stipulations. A report was also received from Howard Horwitz, Ph.D. The Board took this as informational.

DEPUTY ATTORNEY GENERAL'S REPORT:

The following Orders were filed by the Board:

Donald Dobrowolski, D.D.S.         DI 13038 Brick

Modification of Order of Reinstatement of April 20, 2000, filed on April 23, 2001. ORDERED; Urine monitoring not less than six (6) times per month. Any urine specimen that reflects low creatinine and low specific gravity may be deemed a positive urine for purposes of Board action. All other terms of the Board's order of April 20, 2000 remain in effect.

Jamie M. Levy, D.M.D. DI 14020 Deptford
Seyed M. Shamseddin, D.D.S DI 20358 Northfield
Anthony M. Garcita, D.M.D. DI 18398 Deptford
Carla A. McGruder, D.M.D. DI 19328 Linedwold

Consent Order filed on May 17, 2001. ORDERED; cease and desist any and all activities deemed to be in violation of the Boards statutes and regulations regarding unsanitary conditions at Modern Dental Concepts dental office located at 1745A Deptford Center Road, Deptford, New Jersey 08096. Each dentist shall pay a $500 civil penalty and shall take seven (7) hours of continuing education in OSHA/Infection control related courses over and above those required for license renewal.

Stewart A. Levine, D.M.D.         DI 9709 Somerset

Consent Order filed on April 23, 2001. Provided dental treatment to a patient which was not within the standard of care, subjecting the patient to pain and requiring additional dental work. ORDERED; Successful completion and passing the following continuing education courses: seven (7) hours of didactic training in "crown and bridge" and seven(7) hours of didactic training in endodontic therapy. Costs of $264.99 and reimburse the patient in the amount of $2500

Bruce S. Friedman, D.D.S.          Connecticut

Provisional Order of Denial of Licensure filed on April 23, 2001. PROVISIONALLY ORDERED; Application for a license to practice dentistry in the State of New Jersey is provisionally denied. Plea of nolo contrendre to the charges that he committed larceny in the third degree provides grounds for the denial of respondent's application to practice dentistry in the State of New Jersey pursuant to N.J.S.A. 45:1-21(b) (use of dishonesty, fraud, or deception), N.J.S.A. 45:1-21(e) (professional misconduct), N.J.S.A. 45-1-21(f) (conviction of a crime of moral turpitude and/or relates adversely to the practice of dentistry).

Jacques B. Lapeyrolerie, D.D.S.         DI 12904 East Orange

Provisional Order of Discipline filed on May 17, 2001. Failure to cooperate. PROVISIONALLY ORDERED; License shall be suspended until such time that he provides proof, satisfactory to the Board, of the fulfillment of the Continuing Education requirements as set forth in the October 2, 1998 Letter of Assurance of Voluntary Compliance which required the completion of 40 hours of continuing education credits.

Sandra A. Ferrara, D.M.D.         DI 19636 Red Bank

Provisional Order of Discipline filed on April 3, 2001. Failed to comply with the terms of the September 6, 2000 Consent Order. PROVISIONALLY ORDERED; Complete the continuing education requirements as set forth in the September 6, 2000 Consent Order. Failure to submit proof of the fulfillment of the continuing educations requirements within 60 days of the filing of this order will result in a suspension of her license until such time as she provides proof. Civil penalty of $2500.

Philip G. Schrager, D.D.S.         DI 10171 North Brunswick

Complaint Filed on May 11, 2001. Plea of guilty to engaging in criminal conduct, namely theft by deception, in the submission of insurance claims and the obtaining of monies. . (Dr. Rosenheck was recused.)

OTHER MISCELLANEOUS REQUESTS:

Dr. Steven M. Baum - (Dr. Rosenheck was recused.) Letter from his physician concerning the status of his medical condition. He reports that Dr. Baum has no complaints regarding his left elbow, the incision has healed and there is no evidence of infection. He is happy with his progress to date and feels that he is now able to perform all duties relative to his practice. The Board in a motion by Dr. Bloch, seconded by Mrs. Huber determined that he will be allowed to work with an unrestricted license.

Dr. Dorothy Gerstley - Request for removal of notation of disciplinary action from her record for Uniform Penalty Letter for failure to list the continuing education credits on the renewal form for the 93-95 renewal period. After discussing this matter, the Board indicated that disciplinary records cannot be expunged.

A notice will be placed in the next Newsletter remind all licensees that a Uniform Penalty Letter is a public disciplinary action.

ADJOURNMENT:

The Public Session adjourned at 11:00 A.M.





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Posted March 2002