John F. Parkulo, an attorney who sits as the Board's secretary, responded to the audit. "In no way did the Board's discharge of its duties as it relates to two cases in the audit report place the public at risk."
"The dental board has always performed its designated and delegated responsibilities in protecting the public," he said.
"The undersigned assumes full responsibility for such alleged actions or inactions relating to the failure to protect the public safety surrounding these two cases as alleged in the audit," Parkulo wrote.
The names of those involved in the two cases are not contained in the audit. However, one case involves a Morgantown dentist and the death of 13-year-old Kelsie Moore of Morgantown.
On Dec. 20, 2002, Dr. James G. Bryant of Morgantown put 13-yearold Kelsie Moore under general anesthesia.
Her parents were told she would be awake and finished within 45 minutes, but instead, she was in the office for almost four hours before being taken to Ruby Memorial Hospital, where she died, according to court records.
Bryant settled a malpractice suit the Moores had filed. In that case, two experts said Bryant deviated from the "standard of care" in how he administered the anesthesia, and in not taking the girl to the hospital sooner.
In February 2004, the Moores filed a complaint against Bryant with the state Board of Dental Examiners.
However, the board, the audit states, "did not investigate this incidence until it received a complaint 14 months after the death occurred."
"The Board continued to review and evaluate the dentist's anesthesia procedures and continued to renew the specialty license and anesthesia permit for three years after the incident."
House of Delegate member Cindy Frich, R-Monongalia, said the board alleged they didn't have legal tools available to discipline members.
However, Legislative auditors said the board did have the ability to discipline the dentists and launch investigations, even before the law was changed earlier this year.
Frich said a hearing on Bryant is scheduled for sometime next week.
Former delegate Barbara Evans Fleischauer had urged support of a proposed legislation during the last session, aimed at regulating how anesthesia is administered in dentists' offices.
Fleischauer is a friend of the Moore family.
Several bills were introduced, one by Fleischauer, but that bill failed.
Frich said it is expected that the November interims will address the issue.
Dedication of the Kelsie Elaine Moore Children's Wing and Recreational Center, occurred in 2003, at the Morgantown Bible Church on Brookhaven Road.
The church and other community members organized to build an addition to her church to honor her memory.
Contractor Greg Edmond offered the work and funds started pouring in.
Construction on the project began in the spring of 2003 on the five-classroom area and the 9,400-square-foot gymnasium.