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Manchester orthodontist hopes to reopen after review

New Hampshire Union Leader

May 29. 2014 8:07PM

MANCHESTER — The license for Manchester orthodontist Nicholas Marshall will remain suspended while he hires an expert to review sterilization procedures in his office and trains employees, the state’s dental board has ruled.

The expert review was required by the Board of Dental Examiners, which on Wednesday spelled out the steps that Marshall must undergo before his license is reinstated. The board suspended Marshall’s license on April 28, when a surprise inspection found numerous problems when it comes to sterilization and sanitation processes.

The inspection took place shortly after Marshall was indicted on numerous counts of Medicaid fraud and falsification of medical records.

His lawyer said Marshall hopes to reopen in 10 days.

“Dr. Marshall fully intends to comply with all laws and regulations relating to the practice of orthodontics. He has and will continue to do so,” said Concord lawyer James Moir.

In a decision signed Wednesday, the board said it found a number of problems when it performed an unannounced inspection on April 24:

• Marshall never tested for biological spores on his equipment, believing it was optional to do so.

• Clinical contact surfaces were sprayed and cleaned with Great Value disinfecting spray, a brand that is not approved by the Environmental Protection Agency as a hospital disinfectant. Great Value is a brand associated with Wal-Mart.

• Bloody gauze, sharps and even patient teeth were placed in regular garbage, rather than special biohazard waste receptacles.

• The practice did not use a child thyroid collar when taking X-rays.

• Proper equipment such as instrument containers and puncture-resistant utility gloves were not available for employees who handle equipment.

• Sterilized metal trays were stored in an unwrapped cabinet. The trays had encrusted debris and dust on them.

The board ruled that Marshall committed professional misconduct.

State health officials have received no reports of blood-borne infections resulting from Marshall’s practice, said Beth Daly, New Hampshire chief of infectious disease surveillance.

Public Safety Health Manchester