Virginia Board of Dentistry



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APPROVED

BOARD OF DENTISTRY

MINUTES

SPECIAL CONFERENCE COMMITTEE “B” MEETING



TIME AND PLACE:


Special Conference Committee ”B” convened on July 7, 2006, at 9:10 a.m., at the Department of Health Professions, Richmond, Virginia.


APPROVAL OF MINUTES:

Dr. Snyder moved to approve the Minutes of the Special Conference Committee “B” meeting held on May 12, 2006. The motion was seconded and passed.


FIRST CONFERENCE:

9:10 a.m.


PRESIDING:

Paul N. Zimmet, D.D.S.


MEMBERS PRESENT:


Jacqueline G. Pace, R.D.H.

Edward P. Snyder, D.D.S.




STAFF PRESENT:



Patricia L. Larimer, Deputy Executive Director

Cheri Emma-Leigh, Operations Manager

Sheon Rose, Adjudication Specialist


QUORUM:


All three members of the Committee were present.


Shahrokh Soltani, D.D.S.

Case No. 98391


Shahrokh Soltani, D.D.S., appeared with counsel, Mark Jones, Esq., to discuss allegations that he may have charged Patient A for placement of a permanent crown after Patient A had already paid for the crown procedure at the time the temporary crown was placed, in violation of § 54.1-2706(4) and (9) of the Code, and 18 VAC 60-20-170 (1) of the Regulations of the Board of Dentistry.
The Committee received Dr. Solltani’s statements and discussed the evidence in the case with him.


Closed Meeting:

Dr. Snyder moved that the Committee convene a closed meeting pursuant to § 2.2-3711(A)(28) of the Code of Virginia to deliberate for the purpose of reaching a decision in the matter of Shahrokh Soltani, D.D.S. Additionally, Dr. Snyder moved that Board staff, Patricia Larimer, Cheri Emma-Leigh, and Administrative Proceedings Division staff, Sheon Rose, attend the closed meeting because their presence in the closed meeting was deemed necessary and would aid the Committee in its deliberations. The motion was seconded and passed.


Reconvene:

The Committee reconvened in open session pursuant to § 2.2-3712(D) of the Code.
Dr. Snyder moved to certify that only matters lawfully exempted from open meeting requirements under Virginia law were discussed in the closed meeting and only matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Committee. The motion was seconded and passed.


Decision:

Dr. Zimmet reported that the Committee determined that a violation of the Board’s statutes and regulations was not established by clear and convincing evidence, and therefore, the case is dismissed.
Ms. Pace moved to adopt the decision of the Committee as reported by Dr. Zimmet. The motion was seconded and passed.


SECOND CONFERENCE:

10:15 a.m.


PRESIDING:

Paul N. Zimmet, D.D.S.


MEMBERS PRESENT:


Jacqueline G. Pace, R.D.H.

Edward P. Snyder, D.D.S.




STAFF PRESENT:



Patricia L. Larimer, Deputy Executive Director

Cheri Emma-Leigh, Operations Manager

Cynthia E. Gaines, Adjudication Specialist


QUORUM:


All three members of the Committee were present.


Michael J. Sims, D.M.D.

Case Nos. 97401 and 100867


Michael J. Sims, D.M.D., appeared with counsel, Barry Koch, Esq., to discuss allegations that he may have:

1. violated § 54.1-2706(5) and (11) of the Code in that when he filled Patient A’s tooth #12, he left a gap under the filling;

2. allowed his dental assistant to place filling material in Patient A’s teeth #12 and #30, in violation of § 54.1-2706(5), (6) and (9) of the Code, and 18 VAC 60-20-170(4) and (5) of the Regulations of the Board of Dentistry;

3. failed to document in Patient A’s dental records his treatment of tooth #30 on February 11, 2004, in violation of § 54.1-2706(9) of the Code, and 18 VAC 60-20-15 of the Regulations of the Board of Dentistry; and

4. maintained inadequate records in that an unannounced inspection revealed that two (2) of six (6) patient records did not contain an updated health history; records did not always contain the identity of the dentist performing the treatment; and patient names did not always appear on subsequent pages of treatment records, in violation of § 54.1-2706(9) of the Code, and 18 VAC 60-20-15 of the Regulations of the Board of Dentistry.
The Committee received Dr. Sims’ statements and discussed the evidence in the case with him.


Closed Meeting:

Dr. Snyder moved that the Committee convene a closed meeting pursuant to § 2.2-3711(A)(28) of the Code of Virginia to deliberate for the purpose of reaching a decision in the matter of Michael J. Sims, D.D.S. Additionally, Dr. Snyder moved that Board staff, Patricia Larimer, Cheri Emma-Leigh, and Administrative Proceedings Division staff, Cynthia Gaines, attend the closed meeting because their presence in the closed meeting was deemed necessary and would aid the Committee in its deliberations. The motion was seconded and passed.


Reconvene:

The Committee reconvened in open session pursuant to § 2.2-3712(D) of the Code.
Dr. Snyder moved to certify that only matters lawfully exempted from open meeting requirements under Virginia law were discussed in the closed meeting and only matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Committee. The motion was seconded and passed.


Decision:

Ms. Gaines stated the Findings of Fact and Conclusions of Law adopted by the Committee. A summary of the Findings of Fact and Conclusions of Law are as follows:


  1. Dr. Sims holds a current Virginia dental license;

  2. Dr. Sims failed to document in Patient A’s dental records his treatment of tooth #30 on February 11, 2004, in violation of § 54.1-2706(9) of the Code, and 18 VAC 60-20-15 of the Regulations of the Board of Dentistry;

  3. On April 14, 2005, the Department of Health Professions conducted an unannounced inspection of Dr. Sims’ practice and found two (2) of six (6) patient records did not contain an updated health history; records did not always contain the identity of the dentist performing the treatment; and patient names did not always appear on subsequent pages of treatment records, in violation of § 54.1-2706(9) and 18 VAC 60-20-15 of the Regulations of the Board of Dentistry, and

  4. By his own admission, Dr. Sims failed to have his dental hygienist consent in writing to provide services under general supervision.

The sanctions reported by Ms. Gaines was that Dr. Sims be placed on probation for not less than three (3) years, be subjected to three (3) unannounced inspections, to include ten (10) random patient records, be required to complete four (4) continuing education hours in risk management within six (6) months, be assessed a $2,000.00 monetary penalty, attest that he has read the laws and regulations of the Board within thirty (30) days, and submit an employee manual to the Board within six (6) months.


Ms. Pace moved that the Committee adopt the Findings of Fact and Conclusions of Law, as amended, and the sanctions as reported by Ms. Gaines. The motion was seconded and passed.

As provided by law, this decision shall become a Final Order thirty days after service of such on Dr. Sims unless a written request to the Board for a formal hearing on the allegations made against him is received from Dr. Sims. If service of the Order is made by mail, three additional days shall be added to that period. Upon such timely request for a formal hearing, the decision of this conference committee shall be vacated.


THIRD CONFERENCE:

12:29 p.m.


PRESIDING:

Paul N. Zimmet, D.D.S.


MEMBERS PRESENT:


Jacqueline G. Pace, R.D.H.

Edward P. Snyder, D.D.S.




STAFF PRESENT:



Patricia L. Larimer, Deputy Executive Director

Cheri Emma-Leigh, Operations Manager

Sheon Rose, Adjudication Specialist


QUORUM:


All three members of the Committee were present.


Steven R. Lubbe, D.D.S.

Case No. 96938


Steven R. Lubbe, D.D.S. appeared, without counsel, to discuss allegations that he may have used excessive force in restraining Patient A, a child, when the patient became upset during a procedure, and causing bruising and an erythema petechial rash on the patient’s cheeks, across the nose, and on the front of the neck, in violation of § 54.1-2706(5) of the Code.
The Committee received Dr. Lubbe’s statements and discussed the evidence in the case with him.


Closed Meeting:

Dr. Snyder moved that the Committee convene a closed meeting pursuant to § 2.2-3711(A)(28) of the Code of Virginia to deliberate for the purpose of reaching a decision in the matter of Steven R. Lubbe, D.D.S. Additionally, Dr. Snyder moved that Board staff, Patricia Larimer, and Cheri Emma-Leigh, and Administrative Proceedings Division staff, Sheon Rose, attend the closed meeting because their presence in the closed meeting was deemed necessary and would aid the Committee in its deliberations. The motion was seconded and passed.


Reconvene:

The Committee reconvened in open session pursuant to § 2.2-3712(D) of the Code.
Dr. Snyder moved to certify that only matters lawfully exempted from open meeting requirements under Virginia law were discussed in the closed meeting and only matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Committee. The motion was seconded and passed.


Decision:

Ms. Rose stated the Findings of Fact and Conclusions of Law adopted by the Committee. A summary of the Findings of Fact and Conclusions of Law are as follows:

  1. Dr. Lubbe holds a current Virginia dental license; and

2. On or about April 16, 2004, Dr. Lubbe restrained Patient A, a child, in such a way as to cause minor bruising to the face and neck in violation of § 54.1-2706(5) of the Code. Later that day, the patient was seen by a physician who noted bruising and an erythema petechial rash on the patient’s cheeks, across the nose, and on the front of the neck,

The sanction reported by Ms. Rose was that Dr. Lubbe be required to take six (6) continuing education hours in patient relations and risk management within six (6) months.


Ms. Pace moved that the Committee adopt the Findings of Fact and Conclusions of Law, and the sanctions as reported by Ms. Rose. The motion was seconded and passed.

As provided by law, this decision shall become a Final Order thirty days after service of such on Dr. Lubbe unless a written request to the Board for a formal hearing on the allegations made against him is received from Dr. Lubbe. If service of the Order is made by mail, three additional days shall be added to that period. Upon such timely request for a formal hearing, the decision of this conference committee shall be vacated.




ADJOURNMENT:

With all business concluded, the Committee adjourned at 1:50 p.m.




Edward P. Snyder, D.D.S., Chair Sandra K. Reen, Executive Director


Date Date




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