West Virginia Board
Of Dental Examiners
Message from the President
I would like to begin by saying how much I appreciate your allowing me to serve as a member of the Board and the added honor of representing you as President for this year. I can assure you I will treat this honor with dignity and I will make every effort to give this Board the leadership that is expected in serving our profession and the citizens of West Virginia.
I would first like to thank each of you who supported the Board's bill on expanded duties. We all felt that this was a long awaited measure that was needed to bring the practice of Dentistry into a modern day delivery system. Regardless of how strong your Board felt about this bill it is obvious that without all of the letters and direct contact with legislators that so many of you made to show support of the Board's action, we would not be in the position we are now with regards to establishing the education and clinical criteria necessary to see this bill come true. I can assure this is one of the highest priority items that the Board is dealing with at this time. We are making every effort to have this criteria completed in the very near future so we can all afford the citizens of West Virginia and our patients with the delivery of dentistry that surrounding states have been providing for years.
It would be very remiss on my part not to recognize the outstanding effort that Dr. Lew Gilbert, and the Anesthesia Sub-committee of the Board has made in formulating proposed law changes for regulating oral sedation, intravenous conscious sedation, and general anesthesia within the dental office. The draft of this law is in the final stage of approval by the Board.
I have further goals for this Board. One is to show complete separation from any situation that might deem us to be in violation of any state requirements, and also eliminate the appearance of aligning ourselves with any other dental organization within our profession. This is occurring in earnest at this time.
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Members of the Board
H. Richard Marshall, Jr., DDS, President
Dina Agnone Vaughan, BSDH, MS, Secretary
Bernard J. Grubler, DDS
George D. Conard, Jr., DDS
John C. Dixon, DDS
Richard D. Smith, DDS
James W. Vargo, DDS
Debra D. Dent, CDA
Dolores L. Gribble, Consumer Member
THANK YOU JIM ANDERSON
The Board would like to express it's appreciation to James G. Anderson, III for his dedication and diligence in his duties as Executive Secretary for the past 31 years. Jim retired as Executive Secretary as of September 30, 2003.
Board Appointments & Reappointments
Dr. James W. Vargo was appointed to the Board by Governor Wise February 3, 2003. He is an Endodontist and practices in Beckley. He fills a vacant position on the Board with his term expiring June 30, 2003. Dr. Vargo will serve until an appointment is made.
Dr. Bernard J. Grubler was reappointed to the Board by Governor Wise February 3, 2003. He is a general dentist and resides in Wheeling. His term expires June 30, 2007.
Mrs. Dina Agnone Vaughan, BSDH, MS was reappointed to the Board by Governor Wise. She is a dental hygienist and practices with her husband Joe in Ronceverte. Her term expires June 30, 2007.
Mrs. Dolores L. Gribble was reappointed to the Board by Governor Wise. She is the consumer member of the board and lives in Clarksburg. Her term expires June 30, 2007.
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I also feel it is imperative we increase the number of hours of continuing education presently required for licensure at this time. We are very low in our requirements in comparison to other states and other allied health professions.
In closing, while we will be saying good-bye to Jim Anderson, who has admirably served this Board as its Executive Secretary for the past thirty-two years, I am pleased to announce that John Parkulo who has served the Board as Assistant Executive Secretary for the last seven years has signed on to replace Jim effective October 1st, 2003. While we will all miss Jim's expertise, John has shown his ability to likewise give this Board excellent advice and I can assure you that we will not miss a step with this transition.
Please note that all Board meetings are announced in advance and we encourage your input at anytime.
I remain sincerely yours,
H. Richard Marshall, Jr. D.D.S.
Future Board Meetings
November 7th & 8th, 2003
Stonewall Jackson Resort, Roanoke, West Virginia
December 5th & 6th, 2003
Charleston Marriott, Charleston, West Virginia
March 12th & 13th, 2004
Stonewall Jackson Resort, Roanoke, West Virginia
July 16th & 17th, 2004
Greenbrier Hotel, White Sulphur Springs, West Virginia
September 24th & 25th, 2004
Bavarian Inn, Shepherdstown, West Virginia
Licenses cancelled May 1, 2003 for failure to renew.
Sylvan H. Bank
Carroll G. Bennett
Sarah E. Cassol
Tammy J. Clifford
Brett A. Dormer
Peter H. Fagan
Talmadge W. Farmer
Arnold J. Given, Jr.
Donald G. Groves
Jason J. Hales
Ralph D. Johnson
Sherif F. Keriakes
Markus K. Koster
Jeffrey C. Lafuria
Kenneth E. LeVos
Victor W. Mann
Jerry E. Miracle
Richard L. Monti
Zinamong M. Monzon - Benavides
Lornold W. Moore
Stephen H. Moore
Pranav V. Patel
James P. Primm
Robert J. Steelman
David L. Sumney
Robert E. Temple
Gregory J. Toone
Ryan D. Wratchford
James C. Yanero
Stephanie W. Anderson
Tasha M. Baker
Joan R. Bernhard
Adriana M. Booth
Chasity H. Buck
Kimberly A. Burgess
Tabitha A. Burns
Lisa M. Collins
Rhonda K. Collins
Mary L. Damron
Tina M. Dieffenbach
Stacy M. Fisher
Linda W. Fitzgerald
Orris P. Frazee
Tara M. Garipoli
Marianne B. Halden
Lora B. Haynie
Joyce M. Kalkreuth
Teresa C. Leaberry
Robin L. Legg
Elizabeth A. McLellan
Vanessa E. Partain
Tracy A. Sanfilippo
Rochelle R. Tedrick
Michaela L. Unger
Linda L. Wilson
Karen L. Woodrum
Eve H. Zirkle
Dr. William R. Bartholomew - Denied licesure due to prior revocation in another jurisdiction.
Dr. Charles W. Kirkpatrick - License revoked. Guilty of violating a previous consent decree by producing positive drug screens and testings for cannabinoids, also known as marijuana and benzodiazepines, more specifically on one occasion oxazepam and on another occasion both oxazepam and nordiazepam.
Dr. Robert D. Plymale - License revoked due to prior revocation in another jurisdiction and suspension in another jurisdiction. Dr. Plymale admitted that he plead guilty to and has been found guilty of criminal offenses involving moral turpitude in violation of Chapter 30, Article 4, Section 20 of the West Virginia Code and is guilty of unprofessional conduct.
Dr. Timothy M. Spears - License suspended for 90 days due to conviction of felony.
From the Anesthesia Committee
The final draft of proposed law changes concerning anesthesia will soon be presented to the Board for further action.
Anesthesia Committee Members
Bryan D. Weaver, DDS, MD, Morgantown, Chairman
William R. Marshall, DDS, Morgantown
Don E. Skaff, DDS, Charleston
David E. Yates, DMD, Huntington
H. Richard Marshall, Jr., DDS, Board Liaison
Renewals must be received in this office on or before the first day of February, 2004. If you do not meet the February 1 deadline your license is considered expired until it is received. This could cause problems with your malpractice insurance and you may not be covered during such a lapse.
CE forms must be completed and returned with your renewal on or before February 1. If CE credits are not reported with your renewal form your license renewal will be delayed until they are properly reported.
The rule regarding security prescription blanks for controlled substances was passed by the Legislature during a special session in June 2003, signed by the Governor, and became effective June 23, 2003 For more information you may visit the pharmacy board's website at www.wvbop.com/importantinfo.htm.
LICENSURE STATS AS OF 9/03/2003
Total Active Licenses 1,396 1,213
Total Retired Licenses 160 106
Total Practicing In State 823 681
RELEASE OF PATIENT RECORDS
Make available to patients copies of their records when requested. (note do not release original records - only copies) Charges not to exceed .75¢ per page and search fee not to exceed $10.00 per West Virginia Code §16-29-1 and 2.
The Board continues to see quite a few complaints every year on this subject. Records can not be held hostage for unpaid account balances.
THE BOARD'S WEBSITE
The following information is available on the Board's website:
Board member's names and term expirations;
Staff members names;
The Board's address, telephone & fax number;
The Board's Calendar;
The Board's newsletters;
Dental application for licensure;
Dental Hygiene application for licensure;
Anesthesia application for permit;
Specialty application for specialty licensure;
CE Course Approval application;
Dental Corporation application;
Dental Laws 30-4, 30-4A & 30-4B; and
Dental regulations Series 1 through 6.
The new rules, as a result of this past legislative session, are on our website. Those rules are Series 1 and Series 6. For your reference the expanded duties portion of Series 1 is located on pages 4-6 of this newsletter.
Renewals get a new look!
This year when you receive your new renewal license you will notice a change. The renewal will be larger in size and has a matching wallet size card.
We hope this change will be helpful for you!
Ch Ch Ch Ch Changes
The Board office has been going through some changes that all licensees need to be aware of such as fax number, email address, mailing address and office staff.
The Board's new fax number is (304)253-9454.
The Board's new email address is firstname.lastname@example.org.
The Board's mailing address is 207 South Heber Street, Beckley, WV 25801. Please mail all future correspondence to the new address.
John F. Parkulo has been promoted to Executive Secretary due to the retirement of James G. Anderson, III.
TITLE 5 SERIES 1 SECTION 8
EFFECTIVE JULY 28, 2003
§5-1-8. Expanded duties of dental hygienists and dental assistants.
8.1. General. Licensed dentists may assign to their employed dental hygienists or assistants intraoral tasks as set out in this section for dental hygienists or assistants, subject to the following conditions:
(a) The performance of intraoral tasks by dental hygienists or assistants shall be under the direct supervision of the employer-dentist;
(b) The following procedures may not be assigned to a dental hygienist or assistant or to any other person not licensed to practice dentistry:
(1) Diagnosis, treatment planning and prescription (including prescriptions for drugs and medicaments or authorizations for restorative, prosthodontic or orthodontic appliances); or
(2) Surgical procedures on hard and soft tissue within the oral cavity or any other intraoral procedure that contributes to or results in an irremediable alteration of the oral anatomy; and
(c) The licensed dentist assigning expanded duties to a dental hygienist or assistant is solely responsible for evaluating the dental hygienist or assistant to determine that he or she is competent to handle assigned duties. Further, no licensed dentist shall assign additional duties to a dental hygienist or assistant until he or she is assured that the dental hygienist or assistant is fully competent and completely qualified to perform the assigned expanded duty or duties.
8.2. Expanded duties of dental assistants. The following duties and/or intra-oral tasks may be assigned by a licensed dentist to a dental hygienist and/or assistant in the licensed dentist's employment, provided that under no circumstances can an assistant use a power-driven instrument of any type intra-orally except as specifically set forth hereinafter:
(a) Placing, exposing, developing, and mounting dental radiographs;
(b) Placing and removing rubber dams;
(c) Charting existing restorations and missing teeth;
(d) Holding and removing materials, trays, strips, and sutures previously placed in the patient's mouth by the dentist;
(e) Removing excess cement from coronal surfaces of teeth without the use of rotating, power-driven or scaling instruments;
(f) Taking impressions for study cast and pouring models;
(g) Recording medical and dental histories for interpretation by the supervising dentist;
(h) Providing pre- and post-treatment instructions:
(i) Viewing the oral cavity and reporting the symptoms/problems to the supervising dentist;
(j) Performing pulp vitality testing (thermal or electrical) with a final evaluation by the supervising dentist;
(k) Inserting and adjusting athletic mouth guards and bleaching trays with a final evaluation by the supervising dentist;
(l) Removing periodontal dressings with a final evaluation by the supervising dentist;
(m) Placing and removing matrices after a final evaluation by the supervising dentist;
(n) Applying topical anesthetic agents with prior approval by the supervising dentist;
(o) Applying topical anticariogenic agents after successful completion of a board-approved course and examination and with prior approval of the supervising dentist;
(p) Applying pit and fissure sealants after successful completion of a board-approved course and examination and with a final evaluation by the supervising dentist;
(q) Applying cavity liners and bases with a final evaluation by the supervising dentist;
(r) Removing soft tissue dressings with a final evaluation by the supervising dentist;
(s) Fabricating and cementing temporary crowns and bridges with a final evaluation by the supervising dentist;
(t) Placing and removing temporary restorations by a non power-driven method with a final evaluation by the supervising dentist;
(u) Taking intra- and extra-oral photographs;
(v) Chemical conditioning of the tooth to accept a restoration and/or bracket by topical application after successful completion of a board-approved course and examination;
(w) Using a power-driven hand piece with rubber cup and/or brush only for preparing a tooth for accepting a restoration and/or appliance, which shall in no way be represented to the patient as a prohylaxis, after successful completion of a board-approved course and examination;
(x) Placing retraction cords for crown impressions after successful completion of a board-approved course and examination and with prior approval of the supervising dentist;
(y) Taking final impressions for fixed or removable prosthesis and/or appliance with a final evaluation by the supervising dentist;
(z) Checking for loose orthodontic appliances with a final evaluation by the supervising dentist;
(aa) Taking orthodontic measurements with a final evaluation by the supervising dentist;
(bb) Fitting bands and brackets prior to final cementation and/or bonding by the supervising dentist;
(cc) Bending archwires with a final evaluation by the supervising dentist at the time of placement;
(dd) Placing or removing temporary space maintainers, orthodontic separating devices, ligatures, brackets and bands with a final evaluation by the supervising dentist at the time of placement or removal, after completion
of a board-approved course and examination;
(ee) Removing loose or broken bands, brackets or archwires when directed by the supervising dentist; and
(ff) Visually monitoring a nitrous oxide analgesia unit. Two years after the effective date of this rule, a dental assistant or hygienist must have successfully completed a board-approved course and examination in order to perform this duty. Thereafter, the assistant or hygienist must maintain current certification in accordance with the American Red Cross' or the American Heart Association's Cardio-Pulmonary Resuscitation (CPR) program.
8.3. Expanded duties of dental hygienists. In addition to and including those duties set forth in subsection 8.2 of this section, the following duties and/or intraoral tasks may be assigned by a licensed dentist to a dental hygienist in the licensed dentist's employment:
(a) Supra- and subgingival scaling of teeth;
(b) Polishing of coronal and/or exposed surfaces of teeth;
(c) Dental health education;
(d) Nutritional counseling;
(e) Examining and recording periodontal findings;
(f) Scaling excessive cement from the surfaces of teeth and restorations;
(g) Performing clinical examinations and diagnostic tests of teeth and surrounding tissues and recording findings for interpretation by a supervising dentist ( including such procedures as restorative chartings, caries activity test, cytology smears, salivary analysis and smears, endodontic cultures, vitality test, etc.);
(h) Placing of subgingival medicaments, fibers, chips, etc.;
(i) Finishing and polishing restorations with a slow speed hand piece;
(j) Debridement and/or root planing of teeth;
(k) Applying bleaching agents after successful completion of a board-approved course;
(l) Placing periodontal dressings with a final evaluation by the supervising dentist; and
(m) Administration of infiltration and block anesthesia after successful completion of a board-approved course and of a regional board
examination and under the direct supervision of a licensed dentist.
Please note those duties that require a Board approved course and/or testing are not delegable duties at this time as the final decision on these courses and/or tests have not been made.
When the Board has reached it's final decision it will be posted on our website. We will also notify the WV Dental Association, WV Dental Hygiene Association and WV Dental Assistant's Associations of the Board's decision.
John F. Parkulo, Executive Secretary
Susan M. Combs, Office Manager
Bradford A. Vaughan, Investigator
WV Board of Dental Examiners
207 South Heber Street
Beckley, WV 25801