Spring 2006


Richard D. Smith, DDS, President

Mrs. Dina Agnone Vaughan, BSDH, MS, Secretary

John C. Dixon, DDS

Bernard J. Grubler, DDS

James W. Vargo, DDS

David G. Edwards, DDS

H. Richard Marshall, Jr., DDS

Mrs. Debra D. Dent, CDA

Mrs. Dolores L. Gribble, Consumer Member



H. Richard Marshall, Jr., DDS, Chair, Ronceverte

Lewis D. Gilbert, DDS, Summersville

Robert W. Graves, DDS, Morgantown

Babak D. Noorbakhsh, Parkersburg

William R. Marshall, DDS, Morgantown

Don E. Skaff, DDS, Charleston

Timothy G. Thorne, DDS, Moorefield

Bryan D. Weaver, DDS, Morgantown


Marc L. Harman, Executive Secretary

Susan M. Combs, Office Manager

Carolyn A. Brewer, Office Assistant

Jack C. Eblin, DDS, Investigations


The Board office advises everyone to review the new rules regarding fees and to pay particular attention to the late fee section:

Any Dental, Dental Specialty, Hygiene, Anesthesia, Corporation, PLLC, etc. that fails to renew by the specified renewal date, either by statute or rule, shall be assessed a penalty fee equal to the renewal fee as required by statute or rule, in addition to other conditions of renewal as set forth by statute or rule.

Any Licensee that fails to report his/her continuing education requirements as set forth by statute or rule by the required reporting date shall be assessed a penalty fee equal the annual renewal fee of said licensee.

This rule went into effect April 18, 2006, and includes miscellaneous fees for services the Board provided free-of-charge in the past and now charges for. You may visit the Board’s web site at www.wvdentalboard.org to print a copy of these rules.


On March 11, 2006, the Legislature passed the Board’s rule concerning dental advertising. This rule goes went effect May 1, 2006, and regulates the advertising of the practice of dentistry in the State of West Virginia. You may visit the Board’s web site at www.wvdentalboard.org to print a copy of these rules.

In addition to reviewing these new rules, please review the Dental Practice Act, which is also on our web site. The Board has been receiving complaints concerning the advertisements being placed by dentists in phone directories, magazines, newspapers, etc.

Do not set yourself out to be a specialist in a particular branch of dentistry unless you are a licensed specialist in that particular branch of dentistry, by advertising or otherwise.

Do not place an ad that may give the impression of professional superiority or the performance of professional services in a superior manner.

Do not guarantee any dental services.

Do not advertise pain-free dental treatment.

Do not advertise in any manner that is false or misleading in any material respects.

Please pay close attention when approving ads concerning for your practice. You are responsible to ensure the ads are not in violation of the Dental Practice Act or the Board’s rules. All ads should be approved by the licensee and not office staff.



Effective February 1, 2006, all actively practicing dentists must complete 35 hours and hygienists must complete 20 hours of continuing education credits.

T Dental Committees - The Board recognizes those individuals that are serving, (as elected, or appointed members), on national, state and local dental, or dental hygiene boards, councils or committees and allows one (1) hour of continuing education credit for every four (4) hours of meeting time to those individuals. This amount cannot exceed more than five (5) hours of the total biennial requirement for each classification of licensee.

T Indigent Care - Dentists may earn up to five (5) hours and Dental Hygienists may earn up to three (3) hours of continuing education credit requirements, per biennial period, for providing dental care to indigent patients. One-half (.5) hour credit will be allowed for every hour of documented treatment.

T Mandated Courses - At least two (2) hours of continuing education shall be related to any one or combination of the following subjects during each continuing education reporting period :

(1) infection control and/or occupational hazards;

(2) oral effects of tobacco use; or

(3) oral effects of substance abuse.

T CPR - A current certification for a Health Care Provider/Basic Life Support course recognized by the American Heart Association or American Red Cross shall be required each continuing education period, and such certification will count as continuing education credits. Please note said course is also required for Nitrous Oxide Monitoring and Local Anesthesia certifications.

L The required CPR course must contain skills for helping victims of all ages including doing ventilation with a barrier device, a bag-mask device, and oxygen, use of an automated external defibrillator (AED) and relief of foreign-body airway obstruction (FBAO).



Be reminded that continuing education certificates should be received within a reasonable time from the course provider after completion of a course and maintained by the licensee for a period of 6 years. When you are audited by the Board you should not have to call around to get your certificates. You should already have them! It is your license and your responsibility to conform to the continuing education rules in order to renew. Violations of these rules will result in disciplinary actions being taken against your license to practice dentistry or dental hygiene.


July 14 & 15, 2006

Lewisburg, WV

September 15 & 16, 2006

Fairmont, WV




The Rules of the West Virginia Board of Dental Examiners, 5CSR 1 Section 12.3, requires you to report a change in your home or office address or the reporting of additional office addresses to the Board within 30 days.

Your license renewal notices are mailed to addresses that are on file with the Board office. Please remember when you move to report your new address to the Board within 30 days.

If your address is not updated with the Board office and you forget to renew your license by May 1 each year, your license will be SUSPENDED causing you to be practicing illegally.

Address changes may be reported by mail, email and/or fax.



We would like to address the matter of Corporation and PLLC renewals. We have had several Corporations and PLLCs that failed to submit their required renewal forms and fees last year. These should be brought up to date immediately. Hearings will be scheduled this fall for those that fail to bring their records up to date with this office.

You will receive your 2006 renewal form around the first or second week of May. Corporations are required to provide a copy of the Corporation License Tax Form (FORM WV/CHAR-2) that will be sent from the State Tax Department around mid-May. PLEASE RETAIN A COPY OF THIS FORM TO BE FORWARDED WITH YOUR CORPORATION RENEWAL FORM AND FEE OF $150.00 TO THE BOARD OFFICE. PLLCs are required to submit a copy of the annual report filed with the Secretary of State, proof of one million dollars of professional liability insurance, and a fee of $150.00. If an accountant or an attorney takes care of the filings with the Tax Dept. or Secretary of State, please inform them of these requirements.

Both Corporation and PLLC renewals should be received by the Board office no later than June 30, 2006. If renewals, with all required documentation and fees, are not received by this date, a late fee equal to the renewal fee will be added, making the renewal fee $300.00. There will be no exceptions or exemptions.

Failure to comply with the Board’s rules will result in disciplinary actions being taken against your license to practice dentistry in the State of West Virginia.

NOTE: If you have terminated your PLLC or dissolved your Corporation, a copy of the dissolution documentation must be submitted to the Board office.



Only actively practicing dentists may be incorporators of a Dental PLLC or Dental Corporation. The PLLC or Corporation shall contain nothing but the name, which must include surnames of one, some or every shareholder of the corporation, except in a case where a city, town or municipality may be used when necessary to make a name unique with the Secretary of State’s Office.

All PLLC or Corporation name changes must be approved by the Board office and will be forwarded to the Secretary of State directly by the Board office.


For those permit holders that hold a General Anesthesia permit or a Parenteral Conscious Sedation permit now known as a Class 4 and Class 3b permit, respectively. Please be advised renewal of these permits and the Class 3a enteral permits are due by June 30, 2006. With this renewal you will be required to show proof of the following:

Certification of ACLS or PALS;

Certification of Qualified Monitors - A Qualified Monitor is someone other than the permit holder who is a dental auxiliary who has completed the AAOMS Oral & Maxillofacial Anesthesia Assistants Program (OMAAP) or the DOCS course. Other qualified monitors include, but are not limited to other healthcare professionals such as licensed practical nurses and registered nurses. Submission of their current license and/or proof of recent training will be accepted for verification.;

Certification of BLS for all qualified monitors;

Copy of the nitrous oxide monitoring certificate issued by the Board for each monitor; and

Completed and Signed Facility Checklist form (provided by the Board).



Beginning July 8, 2005, a new anesthesia law took effect in the State of West Virginia. The law requires those dentists who prescribe a single pre-med for anxiety, combined with the use of nitrous oxide, to obtain a certificate to do so. This certificate is known as a Class 2 certificate for anxiolysis.

The law also requires those who use multiple dosing beyond the recommendations of the manufacturer, with or without the use of nitrous oxide, to obtain a level of conscious sedation to obtain a permit to do so. This permit is known as a Class 3a permit for enteral sedation.

Should you be inducing these types of sedation without a certificate or permit, you are in violation of the law and will be disciplined accordingly.

Should you need to obtain a certificate or permit you may contact the Board office for an application.

A single pre-med, within the recommended dose of the manufacturer, alone does not require a permit.

The use of nitrous oxide alone does not require a permit.



If a death, any serious complication or any injury occurs which may have resulted from the administration of general anesthesia/deep conscious sedation, conscious sedation, anxiolysis, or relative analgesia, the licensee performing the dental procedure must submit a written detailed report to the Board within five days of the incident along with copies of the patient's original complete dental records. If the anesthetic agent was administered by a person other than the person performing the dental procedure, that person must also submit a detailed written report. The detailed report(s) must include:

(1) Name, age and address of patient;
(2) Name of the licensee and other persons present during the incident;
(3) Address where the incident took place;
(4) Type of anesthesia and dosages of drugs administered to the patient;
(5) A narrative description of the incident including approximate times and evolution of symptoms; and

(6) The anesthesia record and the signed informed consent form for the anesthesia when required.



As a licensed professional in the State of West Virginia, if you work for or with a person who is licensed by our Board and is a danger to the public by way of impairment or any other means, you are legally obligated to report that licensee to the Board office. Disciplinary actions will be taken against any licensee that fails to do so. This constitutes willful misconduct!



The Board is seeing an increasing number of complaints regarding infection control. All dentists & hygienists should strictly follow the American Dental Association Policy Statement on Bloodborne Pathogens, Infection Control and the Practice of Dentistry. The Board will not tolerate anything less.





Dr. Seyed M. Momen

Dr. Charles L. Wylie

Dr. Richard D. Smith

Dr. Jeffery S. Jarrell

Dr. Patrick D. Jarrell

Dr. Bruce L. Cassis

Dr. Walter A. Nagy

Dr. Paul F. Davis

Dr. Joseph E. Atkins

Dr. Matthew P. McGinnis

Dr. William C. Clark

Dr. Beryl W. Given

Dr. Grant S. Mason

Dr. Joseph G. Vaughan

Dr. Douglas A. Florence

Dr. Roger D. Clay

Dr. Lloyd K. Adkins



Dr. Paul Todd Rose

Dr. J. Patrick Martin

Dr. Nathan E. Kirk, II

Dr. Ashley J. Patnoe

Dr. Kimberly Thompson Lough

Dr. Tracy L. Wilkerson

Dr. David L. Bell

Dr. Vivian L. French

Dr. Bruce L. Cassis

Dr. Charles L. Wylie

Dr. Jerry N. Linger

Dr. Carl Jeffrey Clay

                                                                                  Dr. Kevin C. Lucky