September 2012

Report on State Board of Dentistry September 14, 2012

Attended by Michael Kaner, DMD and Shawn Casey DMD


Case#1- Issue with documentation and a failure to provide treatment documentation. This case involved an insurance company audit and precharted work was not completed but billed out as if it had been completed. A mitigating factor was that the dentist had no history of discipline by the PA Board or elsewhere and he had been a dentist in the Navy. He admitted that he had made mistakes and was ordered to pay a $7500 civil penalty and reimburse PA Medicaid $1014 with a 30 day suspension and three years’ probation on his dental license

Case #2 A case of reciprocal discipline from Maryland that was not reported to the PA Board. The dentist is no longer in clinical practice but helps out his daughter and son who are dentists in a non-clinical setting. He claims that he was out of the country when his license renewed but admits he is ultimately responsible . He was assessed a $3000 civil penalty and the suspension was stayed in favor of probation and 15 hours of Continuing Education.

Case #3 A dentist practiced on a lapsed license for 16 months. A civil penalty of $1600 was imposed with a public reprimand. 


Practice Management Companies

Chairman Siegel discussed the issue of whether practice management companies can own a dental office. He noted that the dental Board operates under the law that professional corporations have to be owned by dentists and the SBOD regulates dentists, not companies.

Dental Assistant Interns

One Board member raised concerns  over dental assisting interns that he has seen in his office who are paying high tuition at school but not functioning  at a clinically acceptable level. Another Board member noted that CODA reviews of the assisting programs are pretty extensive and exhaustive. The head of PA Dental Assisting Association PDAA stated that it was,”a concern that we have as well, with a minimal standard for credentialing”.  DANBE (Dental Assisting National Board Examiners) is in discussion with the ADAA on what is expected of dental assistants. Dr. Lugo asked if this would require us to take steps to adopt minimal standards for the state. Dr. Siegel asked how we institute a response and Dr Lugo suggested drafting something.

The Chairman asked if the Commonwealth  needed an exploratory committee? Is it licensing? Is it regulatory review?

Another Board member  raised the concerns of ,” are we looking to regulate another entity? Does Board have authority to regulate??


E presentations

The state is trying to go minimize the paper of the boards and do more electronically


Board exam

The NERB exam is making the periodontal portion optional and the Board was concerned whether someone without that portion would or should be allowed a Pennsylvania dental license.

By a 10-0 vote the periodontal portion of the ADEX will be required for a dental license in Pennsylvania effective in 2013. The current ADEX exam allows for an optional periodontal portion but the Board voted to require it starting next year.

Report of Board Counsel

Dr Siegel noted that the intent of the Board was to balance the budget through 2019. There were concerns as to whether fees discussed were for both license by examination and licensure by credential.

Siegel “It is the understanding of the Board that numbers increased would get us to 2019. “ We need to achieve increases to get there.- work backwards to see what we need to get balanced through 2019.

Board Report

The SBOD noted that there are bills to address licensing exceptions for military spouses who move to Pennsylvania .  The Board noted in addition that it needs o address the Continuing Education requirements of RDHs stationed abroad where CE is not as readily available.

Status of Regulations

  • Regulation of EFDA Scope of Practice approved by Independent Regulatory Review Commission , approved by Attorney General and published in final rule making form.
  • There were discussions on licensing fees and a proposal to increase application fee to get a license for dentists to $275.00 with lower fees for assistants and hygienists. In addition, it was proposed to increase license renewal fees on the order of 5% from $250 to $263 to help balance the board budget as required by law. In addition, there may be modest increases in anesthesia permits but no final vote was taken.

Chairman Siegel

Dr Siegel noted that this was potentially his last meeting as he may not be reappointed to the Board due to a change in administrations in Harrisburg. (Edit- since that time Dr. Siegel has not been reappointed to the State Board. This is disappointing to all members of organized dentistry as he was a friend to all who sought out our counsel and input on issues of importance to the general dentist in the Commonwealth. His efforts helped to further the goals of the Board to ensure quality care for the  citizens of the Commonwealth as well as access to care and concerns of dental practitioners in the Pennsylvania.)

                                                 Respectfully Submitted,

                                                               Michael Kaner DMD JD FAGD