MONTGOMERY, Ala. — Several dentists spoke out against the Alabama Board of Dental Examiners during a public hearing Thursday for conduct one described as “predatory” and “secretive,” with a recent report finding a number of instances of the board acting outside its authority.
“You may be wondering as to why there aren’t hundreds of people in this room protesting the conduct of this board: the answer is fear,” said Lee Chamoun, a dentist in the Birmingham metro area, speaking during a hearing at the Alabama State House.
“Scared to death of this elected board, I know I am. I’m very scared, nervous, and I’m also very worried that I’m standing here criticizing this board that has contracted with the most powerful lobbyist in Montgomery.”
That hearing was held by the Joint Sunset Committee, a body of lawmakers that manages the authority of dozens of state licensing boards, such as the Dental Examiners Board that issues licenses and fees for dental practice in the state.
Covering the period from Oct. 1, 2019 to Sept. 30, 2023, a recent report from the Alabama Department of Examiners of Public Accounts, found several incidents of noncompliance, including the issuance of waivers for which the board did not have authorization for, not properly documenting public meetings as is required under open meeting laws and procurement issues, such as purchasing vehicles without following open bidding guidelines.
Roberto Pischek, the chair of the board who has practiced dentistry for 37 years, told committee members that they were aware of the reports of noncompliance, and said he and other members have worked to rectify the issues.
“Like most boards, the rule-making process can be difficult, our board is not immune,” Pischek said.
Committee members asked a number of questions of the board. Sen. Keith Kelley, R-Anniston, pressed members on what could be done to prevent noncompliance issues in the future.
“When I look at the significant findings (in the audit), there are quite a few, and most of them go to internal controls,” Kelley said. “Not really earth-shattering type-things, but lack of attention to detail and a lack of oversight. I’d just like to know what your explanation for that is.”
Blake Strickland, executive director of the board, told Kelley it was simply a matter of being more diligent. He also noted that the board’s small staff of seven people had seen a high turnover rate, either from retirements or from taking other jobs.
“My explanation is we need to do a better job,” Strickland said. “I’ve been in this role for just over two years, we started doing internal audits as soon as I came in, and I’ve been working with the outstanding board to get everything up and running.”
Another dentist, Sarah Withrow of Arlington Dentistry near Huntsville, called outright for the board to be reformed, calling the body “predatory” and “secretive,” and specifically noted its failure to follow open meeting laws.
“They have denied proper meeting space for open public comment meetings, limiting those who wish to present and attend; they have denied professionals the ability to virtually appear for comment while allowing their own consultants to do so at their discretion,” Withrow said.
“They have promised to stream meetings, but have not followed through. They have not taken their duty seriously. Sadly, most are afraid to publicly petition or speak out for fear of retribution.”
Of the board’s fines, Withrow said, “Settlements are pushed aggressively, and fines feel like extortion.”
She also said that the board does not make fine information available to those who are issued them, having been issued a fine herself by the board. Withrow said after a complaint to the board from a “disgruntled patient,” she is now required to pay $17,000 to renew her license.
“Those fines are not publicly displayed for anybody to find on their own; even with my attorney looking for that information, you cannot find it, and when it’s requested of the board, you’re ignored,” she told Alabama Daily News.
The co-chair of the committee, Rep. Margie Wilcox, R-Mobile, later told ADN that the Dental Examiners Board and the Pharmacy Board had generated the most complaints from Alabamians, many of them expressing fear of retribution for doing so.
“You may have one person that says (they) disagree with the board, and you may have one person that’s a little scared of what they’re going to do to them, but you don’t have the sheer volume of people that say they’re frightened of the board,” Wilcox told ADN.
“That raises that to a level that I don’t want any government entity to be frightful. Those two boards – Pharmacy and Dental – have had more people contact us, (though) more came on Pharmacy.”
Another member of the committee, Rep. Matt Simpson, R-Daphne, said that continued non compliance among state regulatory boards such as the Dental Examiners Board would not be permitted, and ultimately could result in overhauling the makeup of boards.
“This isn’t the same old Sunset Committee, this isn’t going to be a rubber stamp,” Simpson told ADN.
“…We sunset the Massage Therapy Board, so we have a history now of saying, if you’re a board and you’re not doing what you’re supposed to do, we can reconstitute you and create an all-new board and agency that will listen and do those things.”
Wilcox told ADN that the Sunset Committee will have more board hearings over the coming months, and after, make recommendations to state lawmakers as to what action should be taken.