Welcome to the Ohio State Dental Board
 
Your Subtitle text

Lawrence B. Kaye, Periodontist
President  OSDB

77 S High Street, 17th Floor

Columbus, Ohio 43215

 

September 29, 2012

 

Re:    Your exceptionally sub standard performance as President OSDB. And demand for your resignation.

 

Dear Dr. Kaye:

 

You have failed in your duties to minimally perform and your total lack of oversight at OSDB has lowered the Board office as Kangaroo Court.

 

The executive meeting of Ohio Dental Association of Minority dentists which met recently and evaluated your performance, or lack thereof and would like to bring it to your notice, other board members and Ohio Government, Ohio legislature, and others regarding your seriously incompetent performance.

 

1             YOUR FAILURE TO KNOW ABOUT DENTAL BOARD’S TROUBLED HISTORY AND YOUR DUTY TO PREVENT RE- OCCURRENCE OF PAST MISTAKES IS UNPARDONABLE.

Your heavy reliance and 100% dependence on executive director is demeaning to the office. The executive Director was expected to resign after the President of Ohio Legislature committee on Health and aging and all 18 legislatures (Both democratic and Republicans, unanimously) demanded the resignation of 6 out of 7 Board members and other sweeping reforms. A month long legislative hearings were conducted against the Dental Board in May 2000.   All dental board members resigned or left at the end of their term. The delegation of your duties to same tainted executive director has lowered this office’s prestige.  Overwhelming evidence of racially motivated activity resulting in due process violations, selective enforcements and corruption led to the above demand. ODA through Chief Justice of Ohio   Craig Wright rightfully supported the concerns of its members.  The dentists who testified at the Ohio Legislative Hearings became immediate target for retaliation by the executive director.  Chairman Dale Van Vyven , Governor and IG of Ohio then instituted an informal means for IG Thomas Charles to monitor the situation, and retaliations by the Board stopped.  Ever since IG Thomas Charles left the office, the executive director is desperately attempting to complete the unfinished job of retaliation.  Members of our association worked hard to create 13 members of the Board from 7, requested 30 rules change and others.  Since the main culprit of the entire situation escaped resignation, that is executive director OSDB, due process violations reduced but not significantly. Our membership efforts again with Rep. Robert Mecklenborg helped alleviate some of the violations via recent bill. It’s unbelievable that you are oblivious to the situation!  Our association leadership recognizes that executive director (for obvious reasons) actively keeps you and other Board Members in the dark. Unfortunately, as captain of the ship, it’s your moral and ethical duty to be knowledgeable about a major event in the history of Dentistry in Ohio.   HOW CAN YOU PREVENT SOMETHING FROM RE OCCURRING WHEN YOU YOURSELF ARE CLUELESS.

 

2             YOUR LACK OF OVERSIGHT OF UNLAWFUL ACTIVITY AT THE BOARD IS UNPARDONABLE:

 

It is shocking to note that “Notices of opportunity” are being sent to dentists originating from complaints that are over 2 years old.  This violates the law and will cause the state of Ohio’s taxpayers to defend board’s unlawful activity, which can easily be controlled by your oversight.  You failed to be proactive to see if complaints are over 2 years old or not; before voting on them to be sent out. Your basic job before voting is to actually know what you are voting on?:  (complaints should be either prosecuted or dropped within 2 year time period, complaints over 2 years become non-actionable )  Further, its selective unlawful enforcement is a matter of shame to all dentists in Ohio.   It’s unlawful to twist the complaint into something else, its unlawful to start board action without a complaint, or create one where non exists, abuse HIPPA regulations, unless a serious criminal activity is suspected. It’s unlawful to have different yardsticks for punishment based on the dentist’s national origin or race.  Without oversight you are once again CLUELESS.

 

3             YOUR LACK OF BASIC KNOWLEDGE ABOUT VARIOUS SPECIALTY BOARDS IN DENTISTRY DEPRIVES THE BOARD IN PROPER ENFORCEMENT OF ORC 4715-5-04(B)(2), IS TRUE REFLECTION OF YOUR INCOMPETENCE.   

 

Various specialties of dentistry by their respective specialty boards mandates clarification of role of their respective specialists.  (ORC 4715-5-04(B)(2) states the practice of licensed dentist seeking specialty recognition must be limited to the specialty area(s) )

All dental specialists including yourself as periodontist are somewhat limited by dental procedures alone; that they perform with the exception of Pediatric Dentistry, which encompasses all dental specialty procedures. Pediatric dental specialty is the only specialty wherein the specialty board recognizes its specialist to play DUAL ROLE OF PRIMARY DENTIST AND ALSO AS SPECIALIST

The exact mandate is as follows: 

 

 The American Dental Association, the American Academy of General Den­tistry, and the AAPD all recognize the pediatric dentist as both a primary care provider and specialty care provider. The dual role of pediatric dentists is similar to that of pediatricians, gynecolo­gists, and internists in medicine. http://www.aapd.org/media/Policies_Guidelines/P_PrimarySpecialty.pdf

Accordingly, ORC 4715-5-04(B)(2) is applicable to any dental specialty, which cannot function in dual role.  To make this simpler for your understanding, you as Periodontist specialist can do all periodontal procedures including implants.  You may not however extract teeth, which is in clear domain of the specialty of Oral Surgery.  Executive Director of ODAMD called your office on Friday September 21, 2012 and spoke on recorded line with your front desk person called Ms. Carolyn.  According to Ms. Carolyn, you are extracting teeth in your office.  Which makes you violator of ORC 4715-5-04(B)(2).  However, we believe that extraction of a tooth by you is supported by the fact that you have sufficient training and knowledge as general dentist to perform the extraction.  More over, extraction may be done in cases where an implant may have to be placed at the extraction site. If you personally feel like how we understand your extraction procedures and possibility of in-applicability of ORC 4715-5-04(B)(2) in your case, like wise, you then must appreciate the value of dual role of Pediatric specialists.  Notwithstanding, what you think about singular specialist role or dual role afforded to pediatric dentists across the country, in order to ensure you are fair, when extracting teeth in violation of  ORC 4715-5-04(B)(2) and to other specialists, similarly placed, in violation of ORC 4715-5-04(B)(2).  We are appending to this letter an open formal written complaint against you for extracting teeth in your office, in violation of ORC 4715-5-04 (B)(2) signed by our association’s executive director. You and others specialists must face SIMILAR OR LIKEWISE punishment, or lack thereof, for violation of this rule.  If not, you are practicing selective enforcement yourself. (Please see ODAMD position statement on ORC4715-5-04(B)(2). At www.odamd.org)

Most dental specialist self limit their practices, because they need referrals from General dentist.  If the dental specialist starts doing general dentistry, then the word will be on the street and NO general dentist will refer the cases to the dental specialist.  However, this decision to either self-limit or NOT TO self-limit is a business decision best left alone to the dental specialist.   In today’s economy some dentists are finding it hard to make ends meet, or meet their mortgage payments, food on the table. Dental specialist referrals are few to go around.  ORC 4715-5-04 (B)(2)  is related to business decision and must not be regulated in today’s business environment. To regulate a business decision of a dental specialist is an over reach of authority and needless over regulation with no benefit to dental consumer.

 

 

4                    YOU HAVE MADE MOCKERY OF THE BOARD PROCEEDING BY NOT FOLLOWING PARLIAMENTARY PROCEDURES AND TURNED IT, INTO A KANGAROOS COURT.  AN INEXCUSABLE INCOMPETENCE ON YOUR PART.

 

 Sturgis Rules of Parliamentary Procedure mandates that you simply do not rubber stamp what AAG wants or wants done. Looking at the records, you have become extension of AAG’s mouthpiece.  This is a shame. Giving equal time to the dentist and AAG to speak and refraining from inviting the AAG, executive director, investigator to executive session, before the decision is handed out is simply improper.  (You could invite them in executive session, on rare occasion, if you and other board members were to consider some other matter, other than before them at instance.  This goes a long way to show impartial proceedings) AAG simply wants to bag as many prosecutions as possible so she or he can climb up the social and professional ladder. Please do not allow the 200 pages of Hearing officers report just 5 minutes before the hearing and then ask the question: “if every body had an opportunity to read the report and recommendations” That is improper.  Make sure everyone has 7 to 10 days to read and at least ask 3 or 5 questions about each such report.  Conduct these hearings yourself along with the board with time limits.  Encourage rules of civil procedures rather than three tired hear say.  You as President has first most priority to generate Amicability and goodwill about dentistry in the state, encourage and provide positive outlook to those appearing in distress, as a helping hand to path of correctness. Second to ensure rights of minority are protected and not trampled, due process and equal opportunity to all dentists without any bias or favoritism, to uphold the constitution as per oath of office and lastly, but not the least, make sure the dental consumer is protected from genuine wrongdoing from dentists.    It appears you are simply regurgitating the mantra of the tainted executive director, who has engaged in selective prosecutions across the state, under the drape of “Protecting the public”.    Seeing you say the same at a board meeting was almost as if you have borrowed her brains for the meeting and left yours in Akron.

 

5                    BY VIRTUE OF “PERMITTING” THE EXECUTIVE DIRECTOR TO ENGAGE IN BLATANT RACIAL ACTIVITY YOU ARE EQUALLY GUILTY OF PRACTICING RACISM YOURSELF FOR WHICH YOU MUST QUIT YOUR JOB FORTHWITH SO CONFIDENCE CAN BE RESTORED IN OHIO.

 

 

A white dentist Dr. Russell Kiser, endodontist  who also places implants like you was issued a WARNING alleging violation of ORC 4715-5-04 (B)(2) on August 17, 2009.

 

                                          IN CONTRAST:

 

A Black dentist, Dr. Parneet Sohi, Pediatric dentist, was issued final “NOTICE OF OPPORTUNITY OF HEARING”.  Alleging violations of ORC 4715-5-04 (B)(2) on August 1, 2012. This dentist was never issued a warning; no investigators EVER talked to him and delivered to him the worst a dentist can get in Ohio.

 

One dentist gets a WARNING and other dentist gets a straight NOTICE.

This Dr. Kayle:  is called RACISM and you are guilty of it and accordingly MUST RESIGN FORTHWITH.

 

 

6                    YOU HAVE TOTAL DISRESPECT FOR FEDERAL COURT OF SOUTHERN DISTRICT, OHIO.   IT’S SIMPLY UNPARDANABLE.

 

CLUELESS as to why you have been sued in US District Court along with the entire Board on the constitutionality of ORC 4715-5-04(B)(2).  Simply put, the Board’s position is forcing the specialists in Ohio:  “TO LIE TO THE PUBLIC THAT THEY DO NOT HAVE GENERAL PRACTICE LICENSE” (especially after issuing one) is unthinkable especially when the constitutionality of the issue is still under deliberation with JUDGE MARBLEY and MAGISTRATE JUDGE DEAVERS in the United States District Court, Southern district of Ohio, Eastern Division CASE NUMBER 2:12CV574.

 

Responsibility demands that no further prosecution of ORC 4715-5-04(B)(2) be permitted or placed on HOLD till the outcome of a very monumental Federal Case that determines the rights of all dental specialists in Ohio.(As above).  Yet a Black dentist have been issued a notice on August 1, 2012 while this case is pending is an outright Callous and irresponsible behavior on your part.

 

 

 

7                    ARE YOU PROTECTED FROM LAWSUITS AS BOARD MEMBER? THINK AGAIN!

 

 

Ohio Law provides you and the other board members with immunity from lawsuits from others.   AAG and Executive director has grilled that into your mind indeed.  However, what you don’t know that you and your practice assets are 100% liable for damages that originate from unlawful activity.  Simply put, a normal person, in normal circumstance, under normal conditions of working at OSDB, will have some safe guards placed for a normal performance as Board member of OSDB.  A Normal and basic enquiry (if conducted) will determine unlawful activity at OSDB.   Because it’s natural to assume, that a normal person will conduct inquiry whether or not issues brought forward are true or not? A Normal person is expected to disassociate immediately from unlawful activity as soon as they become aware of the unlawful activity.  As we place you and others on the board on NOTICE today, you are on your own. Good Luck.

 

 

8                    YOU HAVE FAILED TO MAKE EFFORTS TO AVOID RE OCCURRENCE OF NUMEROUS VIOLATIONS CITED IN JUNE 29, 2000 OHIO HOUSE OF REPRESENTATIVE RECOMMENDATIONS.  LOWERING THE BAR TO EVEN LOWER LEVEL THEN THAT IN EXISTENCE, IN YEAR 2000.

 

Ohio House of Representatives recommendations were in part; to wit.

 

…….as the result of the state of affairs discovered during the hearings, it would be best if the licensed members of the Ohio State Dental Board tendered resignations to the Governor effective 90 days…..” 

 

Your conduct is far inferior to then President of OSDB in year 2000, Dr. Donald Demkee who was asked to resign by the Ohio Legislature as above.   Investigators are running wild in Ohio without any control or supervision.  A dental assistant Cathy Carsen demanding that all orthodontic treatment (minor or full banded) must have a Cephlometric X Rays and tracing.  She cannot pronounce the words, yet she told Dr. Linda Gottlieb, a 30 year veteran dentist in Columbus how she should practice dentistry.   Charged with a pre written WARNING letter from Lili Reitz demanded that she should never do orthodontics again. If she does not sign then and there, she will face administrative action.  Dr. Kaye what part of due process you think is missing here?   Is this shame that a dental assistant tells a dentist how she should do minor tooth movement cases.   

 

  Not only you are UN aware of the recommendation as above, but are clue less, begs the question how can you implement something you do not even know about?

 

 

 

 

9                    YOU HAVE FAILED TO MONITOR SECRETARY OF THE BOARD

AND HER LACK OF SUBJECT MATTER KNOWLEDGE AND CONFLICTS OF INTEREST

 

The secretary of the Board, who is 110% depended on the tainted executive director , has lend her rubber seal to the executive director OSDB to place on all minority dentists’  NOTICES without reading what is it all about?

 

1                    Complaints over 2 years are unlawfully prosecuted.

2                    Complaints that are for fee disputes are being twisted at will to incorporate unilateral standard of care issue so selective enforcement can be conducted. While she is clueless how and when it’s done?

3                    Consent issues complaints are twisted to incorporate unilaterally standard of care issues

4                    Notices are sent, with names of the patients, that never complaint to the board.  How does the board monitor tolling of 2 years on a complaint that was never received?

5                    Provides two different position statements one is different on the notice then one she actually practices; contradicting herself. Raises the question someone is sending the NOTICES to dentists misusing her rubber seal?  (Similarity is a rubber stamp on a controlled substance prescription pad, allowed or not allowed?) 

6                    QUIP worksheet violations

7                    Failure to be involved as unbiased professional.

8                    Closing serious complaints in 2011 and 2012 that endangered Public Health and welfare of Ohio consumer.

9                    Secretary has instructed the investigators to roam around with pre prepared WARNING letters and CONSENT letters to harass the dentists without affording them any due process before forcing them to sign by threatening administrative action is simply a shameful act.

10                Refusing to recluse herself when a complaint of fellow dentist practicing within miles of her own practice, with direct competition with her practice/ or her friend’s practice, is being reviewed.

11                Lack of any legal education or legal ethics.

12                Improper yardsticks for management of complaints

 

 

 

 

 

 

 

 

9                YOU ARE CLUELESS THAT SECRETARY OF THE OSDB DR. MARY WYNN MAY BE MENTALLY UNSTABLE TO PRACTICE DENTISTRY LET ALONE BE FUNCTIONING ON THE BOARD.

                       

One of the basic requirements to obtain or maintain a dental license in the State of Ohio is the person has to be of sound mind.  Dr. Mary E. Wynn’s mental health and its stability are questionable.

 

We base this conclusion because of the following:

 

X RAYS OF CORA DAY: PRESENTED FROM THE BLACK DENTIST:

X rays of a six-year old child, Cara Day were presented to Dr. Mary Wynn, as secretary of OSDB; complaint disputing the consent agreement of Children’s Hospital against a Black dentist  (complaint numbers: 09-31-0389 and 10-31-0240) Dr Wynn signed and issued a notice on August 1, 2012 based on the X Rays. 

Count 1:

On or about May 17, 2010, you completed stainless steel crown on teeth numbers B, I, and L for patient # 1 (PATIENT NAME: CORA DAY) as identified on attached confidential patient list.  There is no radiographic decay present presenting a purpose for crowns to be completed on these teeth.

 

The association (ODAMD) arranged a consultation with Dr. Mary Wynn in her office at 3650 Muddy Creek Road, Cincinnati, Ohio. 45238 on September 6, 2012. The executive director, ODAMD and another witness (Who was wired for video and audio recording) together, showed the X Rays of the same patient Cora Day and asked for her opinion.

 

SAME X RAYS OF CORA DAY: PRESENTED BY A PROXY WHITE MOTHER:

 

Dr. Wynn said she noticed lots of decay on the X Rays and need for stainless Steel Crowns on her teeth B, I and L.  She further insisted that since the baby teeth are small and large fillings can easily fracture the baby teeth, that stainless steel crowns are needed.  She further referred to pediatric dentist, her friend Dr. Mueller.  (This was all video and audio recorded)

 

There is no question that if any dentist, in USA presents this kind of contradicting opinion, on the same X Rays; the dentist is irrefutably insane. 

Only serious underlying mental illness, or criminal activity to lend her rubber stamp to others, can explain the above.  To conduct a comprehensive dental consultation without the patient; is border line malpractice. To conclude that X Ray’s alones can decide the treatment plan or treatment rendered without clinical examination is not only a slap on common sense of all dentists but is by product of mental illness. Patients that are currently under Dr Wynn’s care or potential new dental patients are in imminent danger of misdiagnosis and irrational treatment modalities by her.    Pursuant to  ORC 4715.01 et seq. her license to practice dentistry should be revoked immediately, pending notice of hearing and administrative hearing.  Please find enclosed are 2 open written complaints against Dr. Mary Wynn, secretary OSDB.  Her immediate license revocation will protect the public that is in serious danger by her.  This will restore confidence that OSDB is fair to all dentists irrespective of their influence at the dental board.

 

 

10              TWO FEDERAL CASES FILED UNDER YOUR WATCH.  YOU THINK YOU ARE DOING SOMETHING RIGHT?

 

 

      Under your watch, for the first time in the Board’s history, two Federal cases have            been filed against the Board.

 

                  1          Dr.  Russell Kiser V Lili Reitz and the entire Board of OSDB.

                  US District Court, Southern District of Ohio Case# 2:12-CV-                                  00574  FILED 06/28/2012

 

      2          Dr. Scott B. Kalniz  V Lili Reitz (In her personal and official                                   capacity) and the entire Board of OSDB

                  US District Court, Southern District of Ohio Case# C2 09 561

                  FILED 07/06/2009

 

 

Have you read why these two dentists filed a federal civil rights case?  Frivolous? You had to settle with Dr Scott Kalniz  (Because Lili Reitz hired her friend, Dr. Awadalla as QUIP coordinator,  do you see there is a problem in QUIP work sheet?  Or you see nothing?)

 

When Dr. Kiser’s asked the OSDB for simple guidance on the sign permit outside his office, no one from the board office helped him and never responded.  Because of non-response to his simple request to review, the entire Ohio State’s taxpayer’s money is now being spent in defending a civil rights case.   Are you so incompetent that you could not question WHY Dr Kiser’s request for clarification, sent to trashcan?  Who did it?  And fire that person.  Now because of your lack of action, The State of Ohio is spending Tax payer’s money which could have been avoided if someone did their basic job at OSDB.

 

Dr.  Kaye:  The gold thread between the two federal cases is the tainted executive director Ms. Lili Reitz and you have done nothing to remove her?

 

 

We like to close this letter with the famous quote from Dr King.

 

We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people. ~ Martin Luther King, Jr

 

 

Truly

 

 

Ms Melissa Rodgers

Executive Director

Ohio Dental Association of Minority Dentists

PO  Box  12001

Cincinnati, Ohio 45212.

www.odamd.org

 

 

 

 

Separate letter to the following enclosing this letter as attachment:

Governor John R. Kasich, Lieutenant Governor Mary Taylor, 

Randell J. Meyer; Susan Dolby

Lynn Stevens

Tracy Intihar, Beth Hansen; Michael Grodhaus, Diane Brey; Kim Kutschbach, Frank Stigari, Matt Carle, Ben Kaiser; Laura Johnson, Staeve Faulkner; Heather Brandt;

Mona Reed, Traci Orahood; Jai Chabria; Jeff Polessovsky; Blair Cathcart; Maggie Tool; Scott Milburn, Rob Nichols; Connie Wehrkamp; Karen Kasich; Wayne Struble; Ben Kanzeg;  Brad Reynolds.

Senator Rob Portman, Senator Sherrod Brown

Mike DeWine, constituent services.

 

House Majority  Leadership: Cheryl Grossman; Barbara Sears; Louis Blessing; William Batcheder; Matt Huffman and John Adams.

House Minority Leadership: Debbie Phillips; Matt Szollosi; Armond Budish and Tracy Maxwell Heard.

Representatives from North West Ohio: Terry Boose; Jim Buchy;  Rex Damschroder; Teresa Fedor; Randy Gardner; Bruce Goodwin; Jeffrey McClain; Dennis Murray; Robert Sprague and Lynn Wachtmann.

Representatives from North East Ohio: Ron Amstutz; Marlene Anielski; Nickie Antonio; Nan Baker; Barbara Boyd; Kathleen Clyde; Timothy DeGeeter;

Mike Dovilla; Lorraine Fende; Mike Foley; Ronald Gerberry; Christina Hagan; Robert Hagan; David Hall; Richard Hollington; Casey Kozlowski; Tom Letson; Matt Lundy; Todd McKenny; Zack Milkovich; and Craig Newbold.

Representatives from Northeast Ohio: Sean O’Brien; Mark Okey; Dan Ramos; Kristina Roegner; Kirk Schuring; Lynn Slaby; Stephen Slesnick; Ron Young and  Kenny Yuko.

Representatives from Southwest Ohio: Richard Adams; Peter Beck; Terry Blair; Danny Bubp; Jim Butler; Courtney Combs; Margaret Conditt; Timothy Derickson; Denise Driehaus; and Michael Henne.

Representatives from Southwest Ohio: Ron Magg; Jarrod Martin; Ross McGregor; Connie Pillich; Cliff Rosenberger; Peter Stautberg; Louis Tarhar and Joseph Uecker

Representatives from Southeast Ohio: John Carey; Lou Gentil; Brian Hill; Terry Johnson; Al Landis; Debbie Phillips and Andy Thompson.

Representatives from Central Ohio: Andrew Brenner; John Carney; Ted Celeste; Mike Duffey; Nancy Garland; Cheryl Grossman; Bob Hackett; Bill Hayes; Jay Hottinger; Dorothy Pelanda; Bob Peterson; Margare Ruhl; Gerald Stebelton and Michael Stinziano.

 

SPECIAL DELIVERY To BLACK REPRSENTATIVES IN THE STATE OF OHIO:

 Tracy Maxwell Heard;  Carlton Weddington; Alicia Reece, Roland Winburn; Clayton R. Luckie;   Bill Patmon; Dale Mallory; John Barnes Jr. and  Michael Ashford.

 

SPECIAL DELIVERY TO OTHER MINORITY REPRESENTATIVES IN THE STATE OF OHIO:  JAY PATEL AND ANNE GONZALES.

 

 

Copy of the letter is sent to Current OSDB members.

Keith Kerns and All Executive Members of ODA

News Media.

 

 

 

 

Page 2

 

November 17, 2012

 

Demand upon OSDB members to fire Executive Director Lilli Reitz .

Record speaks for itself. 16 years of corruption, selective enforcement, Racism and allegations of bribery.

 

Dental Board Members:

 

Ignorance of the dental board members isn’t Bliss, only thing worse than this is pretending that problems do not exist.

 

Our association’s executive committee (ODAMD) places each one of you to consider the followings facts and then make a conscientious decision.  We believe that the decision should invite open investigations to uncover allegations that are put forward here. Herein after Executive Director is referred to as “ED”

 

1                    Ms. Reitz joined in 1996, same year she demanded Ohio State for substantial increase in funding. Rationale given was the OSDB has to protect small children from bad wolf dentists. Funding was granted as it involved sensitive issue of protecting children.  Later, she has expanded the board’s expenses and over board regulations. (The case of Dr. Sohi was cited for additional funding, the case was  false ab initio)

 

2                    Ms. Reitz found that allocation of attorney Hearing Examiners in conducting Hearings on behalf of the dentist board members can be powerful tool for herself.  Limiting the pool to few of her good friends. Actively advising the dental board NOT to conduct hearings themselves. The Ohio Legislatures demanded in 2000; that the OSDB members should conduct the hearings involving “Standard of Care” issues themselves and not assign them to attorney hearing examiners.   ED made sure this was never implemented, as it undermines her control at the board.

 

3                    Ms. Reitz made sure that all attorney Hearing examiners ruled against the licensee, to make her look good and effective.  (When was the last time attorney Hearing Examiner of OSDB ruled in favor of the dentist?  …. NEVER). Later, ED would advice the board members, improperly, contrary to law, as to what the outcome should be.   Board will usually trim the punishment recommended by the attorney hearing examiner. This actually brings the power vested in each board member to almost ZERO.   “Scare” tactics used by ED works well with the board members who has full faith in her discharge of duties.  The question is do you want to sit on the chair of OSDB as a “bum” and simply follow what is being told to you.  OR you will use your full powers, enact new rules, rule by your heart by putting yourself in the shoes of those appearing before you, in fairness, fearless and logic to what is in the best interest of Dentistry in the State and its projection of amicability to public.

 

4                    Ms. Reitz along with Dr. Lightfoot closed the case of Lance Flaum, a 22 year old plumber, who was made a vegetable (Coma) at the hands of Columbus Oral Surgeon, a friend of Dr. Lightfoot.   Allegations of $21,000.00 in bribery to FIX the case at the Board.   This is a serious allegation.  Board should first investigate, if this is true or not?  The complaint from the spouse of Mr. Lance Flaum was thrown in the trash can on directives of ED and her friend Dr Lightfoot.  If true, OSDB,  by executive order re open the case and proceed with applicable laws at the time of the complaint. Someone important at OSDB was bribed with $21,000 USD and the bribe is currently successful.  

 

 

5                    Ms. Reitz has championed the cause of due process violations against Ohio dentists.  ODA, ODAMD, have objected.  Ohio Legislature was frustrated in 2000 and then ODAMD leadership worked with Representative Robert Mecklenborg to introduce a bill, that is now a law.  All this effort at the Ohio Legislature was not needed, if ED would have been mature to understand what the Ohio Legislature wants in its recommendations (Year 2000) incorporated voluntarily.  Even today:

 

a.       The complaints are not provided to the dentist; contrary to the current law, even at the administrative hearing’s investigative file request for discovery.  Compare the situation with lawyers for attorney discipline in Ohio. (Complaint is provided with a request to respond)

b.        Board never asks for dentist’s explanation. An essential ingredient to two party fair investigations

c.        Travel expenses are paid for Investigator to deliver a subpoena to dentists across Ohio.  (What’s wrong with USPS?)

d.      It’s discovered recently, that evidence favorable to dentist under investigation is tampered with. ODAMD’s complaint to law enforcement authorities at both State and federal level is underway for obstruction of Justice.  As board members, you are duty bound to  investigate criminal activity.

e.       At will QUIP intervention and violations.

f.        At will warning letters (They violate due process, because it assumes that dentist is wrong unilaterally, without affording the dentist chance for rebuttal via expert)

g.       “Fixing” dental complaints via allegation of bribery.

h.      Twisting the original complaint into other non-complained issues.

i.         Needless prosecutorial and punitive approach to management of all complaints.

j.         Complaints that deal with issues of fees should not be investigated further. They should not be modified into standard of care issue, simply because the board has a complaint.

k.       Complaints over 2 years should not be prosecuted, as it’s unlawful to do so.  (How difficult is to count two years from original date of receipt of complaint?)

l.         Even today OSDB fails to conduct the hearings themselves (Consider Financial interest of attorney Hearing Examiners and corruption of pick and choose, for last 16 years!)  

m.    Rules of evidence are shunned. Mockery is encouraged.

n.      White dentists and black dentists are treated differently.

o.      The entire board does not read the redacted complaints and summary of investigations before voting on NOTICES.

p.      No questions are asked about the kinds of complaints that are dropped.  How can you know if your friends were involved if you don’t even know what the complaints were all about in the first place?

q.      Most of the time the entire board is clueless as to what they are voting on.  Hygienist members are voting on standard of care issues of dentist! (Hello!  Flawed laws may support it, but educational background does not, do not allow this embarrassment)

r.       Incorporate rules yourself that encourage due process rights of dentist.

s.       Encourage rules/ formulate rules that provide logic and fairness to all

t.        Disown rules that are outdated

u.      Spend real time at the board or quit.  Investigatory dentist panel is required to speak with the dentist under investigation before giving their written recommendation.  This is not happening.

v.       Investigative panel must Intervene and interact with dentist under investigation so they can understand the dentist point of view.  Also must fill out QUIP for everyone, irrespective of past history of the dentist, as that is only fundamentally fair. The panel must also write a recommendation, which must also be shared with the dentist under investigation.  This will create transparency of all proceedings.  Do not listen to ED’s desire to create non communicative, prosecutorial board.  This is not GUSTAPO Board nor is its proceedings.  Board should be helping the dentist and the public towards a mutually amicable solution to disagreements.

w.     Investigators should be knowledgeable in dentistry not ex-policeman and dental assistants.  Hire retired dentists from ODA and ODAMD pool, as investigators.  Further, monitor the staff’s time clock violation.  Theft of time by OSDB staff has reached new heights at the board.

x.       Pre written consent or warning letters violate due process and must not be allowed.

y.       Every dentist, under investigation, must put forward his thoughts or opinion and explanation to the complaint in investigation. Document all responses

z.       Allow only 7 years of reporting of negative info on any licensee, on the OSDB web site, not life time of publication.  Do not publish month and year of birth of the licensee, as it violates Americans with disability act and creates identity theft problems.     

 

We understand that ED has done everything possible to keep you all at bay, so she can play.

 

6                    Ms. Reitz’s direct activity at the OSDB has invited record number of Court appeals and Federal cases against the Board.  Tax payers have to defend.

 

 

7                    ED operates as a loose cannon with childish behavior.  She has stone walled all lawful public records requests to the board on one pretext or another.  (For example ODAMD wanted a certified copy of a OSDB’s warning letter to Dr. Russell Kiser (Copy attached). This warning letter was produced as an EXHIBIT in the federal case; which you all know is now public record.   ED has refused to acknowledge its existence but also refused to certify it saying it’s investigatory and confidential. (Copy attached)   ED has refused the public record certification of the warning letter, as above; ODAMD is preparing a SUNSHINE lawsuit to force compliance.  This is totally unwarranted and questionable behavior of ED, which if unchecked will cost Ohio Taxpayers to defend a sunshine lawsuit.

 

 

8                    OSDB is a racist agency at the helms of ED and some investigators.  Any person who practices racism in policy and law endorsement is engaging in criminal activity.  White dentists are receiving “Warning Letters” and “QUIP” intervention, while Blacks and foreign dentists are receiving NOTICES OF ADMINSTRATIVE ACTION.   All this is possible because the Investigations are confidential and not subject to disclosure.  However, as Board members you are duty bound to see all complaints, their progressive investigations, within 2 years period; you will find pick and choose prosecution all over the map at OSDB.  Why do you have to earn a bad name for unlawful actions of the ED?

 

9                    Travelling expenses of ED are unchecked.  How the dental board is benefited about some “secret” communication that ED cannot disclose to you all; of a national meeting. Absurd misuse of State Funds.  

 

10               16 years of wining and dining with chosen few dentists in the state with ED, will surely “FIX” your complaint at OSDB.  This is unethical and must stop.  

 

11               Board secretary and vice secretary may communicate with the dentist, under investigation, pursuant to current law.  This does not happen currently and is truly a shameful neglect of duties. By not communicating with the dentist who is been investigated, it creates a non-communicative environment ripe for misunderstandings and legal intervention, which ultimately depletes the State’s financial resources. Board members are told by the ED not to talk with dentist about board matters, THERE IS NO SUCH LAW!  In fact all board members should communicate freely so an environment of fact finding, openness and amicability is created.   This will significantly reduce number of dentists seeking legal action against the board.  In turn help the state’s financial infrastructure.  This is the expected duties of the board members by the state legislature.

 

 

ED telling you not to talk about board matters with the dentist being investigated has no basis in Ohio law and has been invented by ED for self-serving comprehensive control issues. 

 

Common sense dictates that you do not divulge the investigative process or stage of investigation but do communicate with the dentist, so any misunderstanding that rise can be dealt with early before they get out of hand.    Is that not what you do in your practices with patients?  Your duties at the board are no different! 

 

12               TERM limit are all over the State of Ohio. 16 years is a long time for any official in the same position.  This invites managing this system to perfection in corruption.  Standing alone that ED has been in this position for 16 years is excellent reason for her “TO LET GO” (Compare to 6 years of executive director Richard Whitehouse at OSMB, they rang the bell at 6 years!)

 

13               ATTORNEY EXECUTIVE DIRECTOR is not needed at Ohio State Medical Board, and surely not needed at OSDB.   Being an attorney has been a hindrance, given the sad record of OSDB.  Dr. Paul Kempen, Broadview Heights, Ohio, rightfully pointed out   “The lawyer (Whitehouse, ED: OSMB) in such an executive position conveys a prosecutorial function, which is both undesirable and unnecessary   This cannot be more true about the State Dental Board. Ms. Lili Reitz fits into the above description like hand and glove.  This must END.   Further, ED cannot represent the Board; only AG office can, per law.   Now, the medical board has fired Mr. Whitehouse as Executive Director, who in our opinion was far superior in fair play in execution of policy and enforcements THAN the executive director of Ohio State dental board. (See attached)

 

14               “We will keep pursuing (Black) dentist”.  This is the press statement Ms. Lilli Reitz, gave on the footsteps of Hamilton County Court House , after the case against the black dentist was dismissed.   Was this statement approved in a board meeting? Was it voted upon? The answer is NO.  Is this the ultimate goal of the board?  keep pursuing a black dentist, complaint or no complaint?  Is that fundamentally fair?  How would you like to be in the shoes of the black dentist who has now been marked by the ED as target? (See Attached)

 

15               This  ED revoked the license permanently of Dr.  Ramesh Mathur, an ODAMD member.  His crime?  Failure to diagnose decay on the x Rays.  Why such a harsh punishment? Dr. Mathur reported allegation of “Theft in Office” by Ms. Lilli Reitz’s to the Ohio Authorities, which among other things included Official paid expense trip to Cleveland, while actually visiting her parents.  To save her, Dr.  Awadalla came to rescue stating that it was her, who had asked Ms.  Lilli Rietz to accompany her to Cleveland.  This help was later rewarded by Ms. Lili Reitz by appointing Dr.  Awadalla as Quip Co coordinator at the Board. (Not to mention scores of complaints against her saw the dust in a trash can)  Dr. Awadalla used that position to start massive investigation of a dentist who opened his dental office next to Dr.  Awadalla’s dental practice.  Under full blessings of Ms. Lilli Rietz’s unlawful harassment began of what Dr.  Awadalla called “Jew Boy” (AKA Dr. Scott Kalniz).  This bizarre activity of the Executive Director resulted in Federal Civil Rights case against the dental board.  The state had to dole out tax payer’s money to settle this case.  Wow what a roller coaster story of corruption and retaliation.   

 

16               Dr.  Henry Mazorow, killed two patients in his chair

(Rosemary Johnson in 1997 and 14 year old Marissa Kingery in 2011) No action was taken in 1997 and now after two dead patients, with the blessing of Ms. Lilli Reitz, Dr.  Mazorow has retired with a clean record at OSDB.

 

 

I consider duty bound to convey Association’s position statement and rationale to fire the current executive Director at OSDB.  Board needs to hear the blow of our whistle upon agency’s core culprit, Ms. Lilli Reitz, She is targeting minority dentists in Ohio and initiating administrative action, which should never begin in the first place.

 

Yours truly,

 

 

Melissa Rodgers

Executive Director

Ohio Dental Association of Minority Dentists

www.odamd.org

Website Builder