NEW JERSEY STATE BOARD OF DENTISTRY
PUBLIC SESSION MINUTES
BOARD OFFICE
NEWARK, NEW JERSEY APRIL 16, 2008

 

NOTE: The Public Session Agenda started at 10:00 A.M.

ATTENDANCE: The following members were in attendance:

Emil Cappetta, DDS; Patricia Delaney, RDH, Ed.M; Peter DeSciscio, DMD; Herbert Dolinsky, DDS; Maxine Feinberg, DDS; Ms. Karen Golding; Sally-Jo Placa, DMD.

OTHER ATTENDEES:

Deputy Attorneys General Nancy Costello Miller and Joseph Donofrio; Jonathan Eisenmenger, Executive Director; Michael Dominach, Paralegal.

ABSENT/EXCUSED: Belinda Caraballo; Alexander Hall, DMD; Beverly Kupiec, RN, Ph.D; John Ricciani, DMD; Arnold Rosenheck, DMD.

I. EXECUTIVE DIRECTOR?S REPORT:

II. APPROVAL OF MINUTES: March 19, 2008 - Approved as amended.

III. COMMITTEE REPORTS:

1. Credentials:

a. Dr. Barbara Womack - Application for a New Jersey dental license. The committee is requesting a full work history for the past five years.

b. Dr. Stephen Brenman - Application for a New Jersey dental license. The committee is requesting clarification about his current license status, the criminal history background report, and copies of the continuing education certificates.

c. Dr. David Faust - Application for a New Jersey dental license. The committee is requesting clarification about his answers regarding questions # 17 and #18 on the application.

d. Gerri Weiss, RDA (Reinstatement) - Application for reinstatement of her registration as a registered dental assistant . The committee recommended that Ms. Weiss be required to retake and pass the Expanded Functions Exam through DANB, and suggested that she take a review course. The committee recommended approving Ms. Weiss? application upon notification that she has successfully completed the exam.

e. Dawn Loper (RDA) - Application for a registration as a registered dental assistant. The committee recommended approving Ms. Loper?s application.

On a motion by Ms. Delaney, seconded by Dr. DeSciscio, the Board voted to approve the committee?s recommendations.

2. Continuing Education: The committee reviewed 24 courses and recommended approval of 22. Two (2) courses reviewed were not related to the practice of dentistry, and were not recommended. The Board approved the committee?s recommendation.

IV. APPEARANCES:

1. 10:00 A.M. - Dr. Joseph S. Lembo, Jr. - In the matter of the suspension or revocation of Dr. Lembo?s license to practice dentistry in the state of New Jersey. Dr. Lembo failed to appear. The Board President directed the Executive Director allow Dr. Lembo one more opportunity to appear.

2. 10:30 A.M. - Dr. Jill Zaleski - Request for removal of restrictions placed on her license by Board Order dated July 20, 2005. Dr. Zaleski appeared with Dr. Canavan of the Professional Assistance Program. During the testimony, it was noted that Dr. Zaleski has not complied with several of the terms of the Consent Order, which Dr. Zaleski did not deny. Dr. Canavan noted that she has been free of any drugs or alcohol for about a year.

The Board, after deliberations, on a motion by Dr. Placa, seconded by Dr. Desciscio, voted to table the matter pending receipt of more information, including any proof that Dr. Zaleski had sent several letters to the Board regarding her inability to comply with the terms of the Consent Order, a letter from the doctor(s) treating her for any medical conditions as well as copies of all prescriptions Dr. Zaleski has written in the last two years.

3. 1:00 P.M. - Dr. Vincent LaBruna - In the matter of the suspension or revocation of Dr. LaBruna?s license to practice dentistry in the state of New Jersey. Prior to the meeting, Dr. LaBruna?s attorney agreed to a settlement. The Board voted to resolve the Provisional Order of Discipline through a Consent Order suspending Dr. LaBruna?s license for 5 years (1 year active, 4 years stayed), and requiring proof that he complete a minimum of 100 hours of community service.

V. REQUEST FOR RESTRICTIONS TO BE LIFTED WHICH WERE PLACED BY BOARD ORDER:

1. Dr. Joel Kurtz - The Board voted to move this matter to executive session for advice from counsel.

In public session, the Board voted to deny the request to modify the previous Order.

VI. ADMINISTRATIVE COMPLAINT AND ANSWER:

1. Dr. Patrick Bamgboye - The Board received and reviewed the filed administrative complaint and the answer. On a motion by Ms. Golding, seconded by Ms. Delaney, the Board voted to transfer the case to the Office of Administrative Law as a contested case.

VII. OTHER MATTERS:

1. Correspondence from Arthur Meisel, Executive Director and General Counsel for the New Jersey Dental Association, requesting clarification of the phrase "appropriate comprehensive training" related to the performance of cosmetic surgery, as quoted from the Board?s minutes of July 12, 2006. Dr. Placa recused herself, so the Board proceeded as a committee. On a motion made by Dr. Capetta, seconded by Ms. Delaney, the committee recommended to the full Board that completion of a CODA approved program in Oral and Maxillofacial Surgery is "considered appropriate comprehensive training."

The Board also should make a notation in the July 2006 minutes that this clarification has been made.

2. Dr. Oleh W. Zaputowycz - Inquiry concerning the renewal of his general anesthesia permit. The dentist does not have a physical office location (he covers the offices of other dentists). The Board granted him permission, with the requirement that he sign a certification that he will only administer anesthesia in a location that complies with the regulatory requirements for proper staff and safety equipment.

3. Inquiry from Michele M. Sapita concerning duties of registered dental assistant. The Board directed the Board office to contact Ms. Sapita to confirm that she is not able to perform the functions she inquired about, and to determine the identity of the dentist by whom she is employed.

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