Dentist James Fay is fighting another battle with the Bermuda Dental Board, just days after Immigration reversed a decision not to allow Ian Vogen to practice here.

Dr. Fay is now calling on the Health Minister to intervene in the perennial row between the Dental Association and the Dental Board, following its decision to suspend a foreign dental hygienist working at his practice.

Dr. Fay is calling for the Dental Board to be reconstituted and for its chairman Richard Cann to be given the sack.

?Dentistry in Bermuda is in crisis,? Dr. Fay says in a letter to Health Minister Patrice Minors.

?I feel it is impossible to resolve the outstanding issues with the present Dental Board in place. Dr. Richard Cann has demonstrated repeatedly that he is the wrong man for the job. Dentistry and the Bermuda public are being harmed.?

Dr. Fay won a battle with the Board last month after Immigration reversed a decision not to allow Dr. Vogen to continue treating patients in Bermuda.

Dr. Vogen worked out of Dr. Fay?s Paget Dental Group one week out of every six.

Dr. Fay said he was considering legal action for damages to Dr. Vogen and his patients.

Immigration had said that its original action, to deny the work permit, was based on the advice of the Bermuda Dental Board.

Days after Immigration reversed its decision on Dr. Vogen?s work permit, the Dental Board gave notice of an Inquiry into Paget Dental Clinic and suspended its dental hygienist Keri Ann Payne, pending the inquiry.

According to papers supplied by Dr. Fay, the Board?s inquiry was prompted by two patients who questioned last year whether Mrs. Payne had been conducting procedures she was not licensed for.

Dr. Fay believes the suspension is ?payback? for the Vogen case and says the whole affair was instigated by a disgruntled employee.

In a letter to the Board last month, Dr. Fay said that the entire dental community understood that the procedures being complained about can be performed by dental hygienists on the Island under the dentist?s supervision.

?If the Dental Board has a different view it should make it known to the general population of dentists,? he wrote.

?To suspend Mrs. Payne from working is both heavy handed and unfair. This is obviously no danger to the public from any hygienist continuing what has been common and accepted practice. Every hygienist should be suspended if the board is to apply their standard without prejudice.?

The letter goes on to say that the actions were instigated by a local hygienist who advised her ?cousin? and friend to complain to the board, and who herself performs the same procedures on a regular basis.

?Is this legal and acceptable? Why has she not been suspended?? Dr. Fay?s letter asks.

Dr. Fay has also written to Mrs. Minors asking her to reverse the Board?s decision to suspend Mrs. Payne.

?The recent action of the board can only be interpreted as ?payback? for the recent Dr. Vogen fiasco as it comes one day after receiving Dr. Vogen?s work permit. I had responded to the board?s inquiry on the ?expanded duties? over a year ago. Why they decided on this action now is not hard to figure out,? he wrote.

?That Mrs. Payne has to be the target of this travesty is criminal. We can?t continue to abuse talented guest workers because of petty vendettas. Every day this suspension is in effect compounds this injustice. An inquiry should be used to discover facts that can?t be revealed in an easier, simpler way. This inquiry is being used as a punishment.?

?Dr. Fay is constantly saying things,? Dr. Cann said. ?I think if anything we can indicate that there is an inquiry pending. But I cannot comment on that... This inquiry is pertaining to contravention of the legislation.?

He said Dr. Fay was not being unfairly singled out.