ROLL CALL:        Therese Hahn, Chair

                              John Downey, Board Member

                              Jean Kuty, Board Member

                              Rosemary Yocum, Board Member

                              Rand Peebles, Board Member—arrived at 10:00 a.m.

ALSO PRESENT:       Roger Hales, Administrative Attorney   

                                    Rayola Jacobsen, Bureau Chief

                                    Budd Hetrick, Deputy Chief

                                    Sandee Hitesman, Office Specialist II 

The meeting was called to order at 9:30 a.m. by Chair, Therese Hahn. 

Motion was made by Ms. Yocum to approve the meeting minutes from July 25, 2003 as written.

Seconded by Mr. Downey, carried.  

Motion was made by Ms. Kuty to approve the meeting minutes from September 09, 2003.  Seconded by Mr. Downey, carried.  

Rayola Jacobsen presented the legislative report.  All proposed rules are now in the legislative step.  The new license renewal process is going well.  The Bureau is getting ready for the last mass cosmetology renewal.  The Bureau processes approximately 12,000 renewals in 2 ½ weeks. 

The Bureau staff is finding their work is increasing.  There are a lot of applicants moving to Idaho.  Because of the increase in phone calls, the Bureau is in the process of changing their phone system to an automated system.  The Bureau is hoping this will filter some of the phone calls they receive that do not pertain to Bureau boards. Proposed rules have been submitted for the Acupuncture Board to change the Board’s E-mail address and changing the effective date of the continuing education requirement.  

Mr. Hetrick gave the financial report.  As of September 30, 2003 there were 130 current Acupuncture licenses.  $16,615.16 was left in appropriation for the rest of the fiscal year.    

Mr. Hetrick gave the investigation report.  There is one complaint for fiscal year 2004 under investigation.  The board has 2 complaints left from fiscal year 2003.  

Continuing education implementation was discussed.  The Bureau has put the form to request approval for a continuing education courses on the boards website.  The board discussed what standards would be used for approval.  Mr. Hales stated that according to rule #305, a request for approval of a continuing education course must be made in writing, be germane to the practice of Acupuncture, accepted by NCCAOM, offered by accredited schools of acupuncture and oriental medicine, or otherwise approved by the Board.  The board agreed that the instructors should have some basic knowledge of Acupuncture.  The board was reminded that information regarding the continuing education requirement, and the new birth-date renewal dates, was sent out with each renewal notice in June 2003.  The board asked the Bureau to draft a postcard reminding licensee’s of the new continuing education requirements, and send this postcard to everyone who holds an Acupuncture license in the State of Idaho.  

It was noted that licenses will not be issued to licensees who do not meet the continuing education requirement.  The board discussed granting a three to six month waiver to those who have not complied with the continuing education requirements, and petition the board in writing.  Mr. Hales noted that this would take a rule change.  The board asked to have this added to the spring board meeting agenda for further consideration.   

The Bureau advised that each renewal form would contain an affidavit whereby each licensee must certify compliance with the continuing education requirement, and that random audits would be conducted to insure compliance.  The Board would review all audits to verify compliance and approve the continuing education courses taken.  The Bureau noted that if the form stated the required hours were met, the license would be renewed, and the board would review the form at their next scheduled board meeting.  Ms. Jacobsen reminded the board that if the Bureau staff reviews all of these verification and certificate of compliance forms, this would add to the boards cost.  The board stated that they would like to get a sense on what type of courses the licensee’s are attending.  The board asked if random audits could be done when the renewal form is sent.  The Bureau explained that random audits are done at the beginning of each year, and the licensee’s are flagged as audited for that year.   

Motion was made by Mr. Peebles that the board include an affidavit certifying that the individual has completed the 15 hours of continuing education, and that additionally a verification of compliance, to be completed by the renewal applicant, be on the back of the renewal form. Further, if the affidavit is properly signed, the license will be renewed.  If there is any inconsistency between the affidavit and the verification, the board does not expect the Bureau of Occupational Licenses to refrain from issuing the license.  Seconded by Ms. Kuty. 

After discussion, Mr. Peebles withdrew his motion and Ms. Kuty withdrew her motion, and Mr Peebles moved that the renewal form possesses an affidavit certifying that the applicant has completed 15 hours of continuing education, and that the back part of that renewal form possesses a verification of completion of continuing education reviewing the course information and number of credits.  If the applicant has fully completed the front of the renewal form, including the affidavit, and otherwise paid their fee, then the Bureau can renew that license.  The board will review the backside of those renewal forms for their own information.  Seconded by Ms. Kuty, carried.  

Motion was made by Ms. Yocum to direct the Bureau to randomly audit 10% of applicants for continuing education compliance, for this first year.  Seconded by Mr. Downey, carried.  

Motion was made by Ms. Kuty to change direction #4 on the renewal form to state: “complete the attached verification and certificate of compliance form.”  Seconded by Mr. Downey, carried. 

Question was asked if risk Management or Computer classes would be accepted as continuing education credits?  The board agreed if those courses approved either by the NCCAOM, or by the board, would be accepted.  The board discussed requiring part of the continuing education credits to be from courses like documentation, ethics and taking notes.  It was noted that insurance companies require good documentation.  It was discussed that patients tend to feel more comfortable if the practitioner is taking notes as the patient is explaining their problem.  Ms. Kuty noted that the NCCAOM had told her that they would allow risk management and practice management courses, but they do not allow all continuing education credits to be on these subjects.  

Ms. Hahn announced a 15-minute break. 

Meeting brought back to order at 11:25 by chair, Ms. Hahn. 

It was noted that Ms. Kuty was reappointed to the Acupuncture Board by the Governor.  

Motion was made by Mr. Downey to go into executive session to discuss records exempt from public disclosure concerning potential litigation.  Seconded by Ms. Yocum, carried. 

Motion was made by Mr. Peebles to come out of executive session.  Seconded by Mr. Downey, carried. 

Recovery of investigative costs and fee’s were discussed.  Currently the State Board of Acupuncture does not have a law or rule that enables them to recover costs and fees, or levy fines on those who are disciplined by the board. Mr. Hales advised the board to propose a new rule 575, to address this matter.  This rule change cannot be taken to the legislature until 2005, but the board may be able to adopt a temporary rule that would than go into effect once the 2004 legislature adjourns.  The board asked for the adoption of a rule for recovery of costs and fees and collection of fines be put on the spring board meeting agenda. 

The board noted that Trev Wheeler’s disciplinary action needs to be updated on the website.  The website is still showing pending, and it should show sanctioned.  The board discussed having a disciplinary action page on their website.  Motion was made by Ms. Yocum to add to the web page board disciplinary action link that lists board disciplinary action taken.  Seconded by Mr. Downey, carried. 

Title usage by Acupuncturists was discussed.  Question was raised on whether a Technician or Certified Acupuncturist can use the title “Licensed Acupuncturist”.  The board may ask the Acupuncture Association to send out information to Acupuncturists regarding correct title usage.  Idaho is the only state that has the certification licensure in Acupuncture.  

Motion was made by Ms. Yocum to adjourn for lunch.  Seconded by Ms. Hahn, carried. 

Meeting was called back to order at 1:38 p.m. by chair, Therese Hahn. 

The board reviewed correspondence from FAOMRA.   The board agreed to send a request to FAOMRA stating they would take out the phrase, “with 10 years of practice immediately proceeding”.   

Motion was made by Ms. Kuty to go into executive session to discuss applications for licensure not for public disclosure.  Seconded by Mr. Downey, carried.  

Motion was made by Ms. Yocum to come out of executive session.  Seconded by Ms. Kuty, carried. 

The board asked to Bureau to add, “discussion of limiting Acupuncture Certification to medical professionals only,” to the spring board meeting agenda. 

The board scheduled the 2004 board meetings for February 06, 2004 @ 9:30 a.m., June 04, 2004 @ 9:30 a.m. and October 15, 2004 @ 9:30 a.m. 

Motion was made by Mr. Downey to adjourn at 3:40 p.m.  Seconded by Ms. Kuty, carried. 

The following applications were approved for licensure: 

Jen Hua Liu                          

Last Modified - Tuesday, February 06, 2007