Idaho State Board of Acupuncture
Minutes
of February 06, 2004
ROLL CALL:
Therese Hahn, Chair
John Downey, Board Member
Jean Kuty, Board Member
Rosemary Yocum, Board Member
Rand Peebles, Board Member
ALSO
PRESENT: Rayola Jacobsen, Bureau Chief
Budd
Hetrick, Deputy Chief
Roger Hales, Administrative Attorney
Sandee Hitesman, Office Specialist II
The meeting was called to order at 9:43
a.m. by Chair, Therese Hahn.
Motion was made by Ms. Kuty to approve the
meeting minutes from October 24, 2003 as written.
Seconded by Ms. Yocum, carried.
Motion was made by Ms. Yocum to approve the
meeting minutes from November 24, 2003 with the
changes made that the board requested. Seconded
by Ms. Kuty, carried.
The board discussed the need to go into
executive session when discussing applications.
It was noted that a correct title usage
letter would be sent out with each renewed license.
Ms. Jacobsen gave the legislative report.
Legislature is running quickly this year.
The board’s rules are only one vote away from being approved.
A bill was presented in the house committee yesterday to expand the
investigation authority of the Bureau. Licensees
would be obligated to provide requested documentation to the Bureau in the
course of an investigation. There is a stipulation in the bill allowing the
licensee to file a petition with district court if they do not believe the
request is lawful. It was noted
that attorney, Roger Hales, would draft a letter to be sent with any request for
documents, outlining the right to file a petition with the district court.
The board asked how something is sent to
Legislature. Ms. Jacobsen explained
that an idea must be submitted to the Division of Financial Management and the
Governors office in writing. If
this idea is approved, it is sent to Legislative Services, who drafts the
technical language. It then goes to
the Legislature. Temporary rules
may be offered between the time that Legislative Session ends, and the next
session starts. There is, however,
a time frame before and after each session when rules may not be submitted. A temporary rule is effective immediately once it is offered
to Legislature. The temporary rule
does not become a permanent rule until approved by Legislature.
Ms. Jacobsen reported that the Bureau had
been asked to take on another licensing board.
Legislation is being considered that will transfer the Drinking Water and
Waste Water Operators from the Department of Environmental Quality, (DEQ) to the
Bureau of Occupational licenses. A
new board will be appointed by the Governors office to license the operators.
The facilities will still be regulated by DEQ.
There are about 2500 operators right now.
The Bureau is still in the process of transferring records over, so the
count could be higher.
Mr. Hetrick gave the
financial
report.
At the end of January the board had $5,621.79 remaining in appropriation.
The board had a cash balance of $37,578.11. The impact of the new board was also reviewed.
It was noted that the board’s legal costs have increased, as well as
the building rent and the Bureau’s programming costs.
The board asked if holding conference calls were less expensive than
physically meeting at the Bureau for board meetings.
The Bureau stated that conference calls were significantly less
expensive, and that the board could hold conference calls to discuss matters
that come up in between scheduled board meetings.
Mr. Hetrick gave the investigation
report.
There are two complaints currently under investigation for fiscal year 2004.
There were four complaints in fiscal year 2003.
One of those has been closed. Three
complaints are still awaiting board determination.
ACU-L-1-4-2003-4 Motion was made by Mr.
Peebles to authorize the Bureau to send an advisory letter and forward a copy of
the letter to the prosecutor, and close the case.
Seconded by Ms. Yocum, carried.
ACU-L-2A-4-2003-3 Motion was made by Ms.
Yocum to authorize the Bureau to send a letter quoting title 54-4712, proper use
of title usage, along with an explanation of title 54-4712, and close the case.
Seconded by Dr. Downey, carried.
ACU-L-1-4-2003-2 Motion was made by Ms.
Kuty to authorize the Bureau to send out an advisory letter quoting title
54-4712, and close the case. Seconded
by Mr. Peebles, carried.
Motion was made by Dr. Downey to go into
executive session to consider application records exempt from disclosure as
provided in chapter 3, title 9, Idaho Code.
Seconded by Ms. Yocum, carried.
Motion was made by Ms. Yocum to come out of
executive session. Seconded by Dr.
Downey, carried.
Motion was made by Ms. Yocum to have
attorney, Roger Hales, draft a letter from the board denying the application for
certification for applicants ACU-GNH-09-23-2003 and ACU-LVH-09-23-2003 stating
that the applicants do not meet qualifications at this time, and the reasons the
applicants do not meet the qualifications.
Seconded by Mr. Peebles, carried.
Board discussed a rule change for recovery
of costs and fee’s and collection of fines.
The Bureau noted that the language has been drafted.
Board discussed a rule change for changing
certification of acupuncture for medical professions only.
Attorney, Roger Hales, noted this would require a law change instead of a
rule change. This will be added to
the June agenda for discussion. The
board determined they would like to invite all interested persons to this board
meeting to discuss making this law change.
Board discussed allowing continuing
education extensions for those persons who have a hardship.
This will be added to the June agenda to consider making a rule change.
The board asked the Bureau to bring a couple of proposals for discussion
to the June meeting.
Chairman, Ms. Hahn, called a break at 11:30
a.m.
Chairman, Ms. Hahn, called meeting back to
order at 11:45 a.m.
The board received a request from the Idaho
Acupuncture Association on clarification on what the board would consider
germane to the practice of acupuncture for continuing education. The board reviewed rule #305 and Idaho Code 54-4702.
It was noted that Idaho code 54-4702 (1) and (4) spelled out what would
be considered germane to the practice of acupuncture.
The board discussed everything that is accepted by the NCCAOM is also
germane to the practice acupuncture. The
board noted that documentation would also be germane to the practice of
acupuncture. It was noted that the
board could implement spelling out in their rules how many continuing education
hours must be directly related to Acupuncture and Oriental Medicine.
Motion was made by Ms. Kuty to approve the
continuing education seminar offered by the Chiropractic Association on Risk
Management and Documentation as presented by Dr. Downey to the board.
Seconded by Ms. Yocum, carried. The
board asked Ms. Hitesman to send a written letter of approval for 12 continuing
education hours to the Chiropractic Association. Dr. Downey will fax over the
documentation to Ms. Hitesman.
The board reviewed the current continuing
education approval application. “Please
attach approval letter” was added to line #12.
Mr. Hetrick noted that the approval application is on the website and can
be completed on-line and submitted.
Motion was made by Ms. Yocum to accept the
continuing education form that is currently used for other boards by the Bureau.
Seconded by Ms. Kuty, carried.
Chairman, Ms. Hahn, called a break for
lunch at 12:30 p.m.
Chairman, Ms Hahn, called meeting back to
order at 1:33 p.m.
Motion was made by Ms. Kuty to go into
executive session to consider application records exempt from disclosure as
provided in chapter 3, title 9, Idaho Code.
Seconded by Ms. Yocum, carried.
Motion was made by Ms. Yocum to come out of
executive session. Seconded by Dr.
Downey, carried.
The Board asked the Bureau to keep a record
of the applicants that are denied licensure and the reason why, along with those
applicants for certification who are approved that have completed education
other than that offered by AAMARO, for future reference.
The board asked the Bureau to add to
June’s agenda discussion of changing the Acupuncture law and rule to delete
the technician certificate.
Continuing education requests for approval
were reviewed. The board noted that
the documentation for the continuing education seminar being offered by Mr.
Hicks was not sufficient to make a decision at this time. The board asked Ms. Hitesman to submit a letter to Mr. Hicks
denying his application for continuing education at this time, and asking that
further documentation be submitted for review.
The board asked Ms. Hitesman to be sure to point out that should the
seminar be approved, the seminar shall not be deemed an approved acupuncture
program.
The board approved the following continuing
education applications:
a) Botanical Medicine Module I, II, III
b)
Chinese Nutrition
The board reviewed a request for
clarification of the Acupuncture law. The
board asked Ms. Hitesman to send a letter to the respondent asking for
clarification of their question.
Mr. Peebles left the meeting at 4:20 p.m.
Ms. Kuty gave a report on the National
Meeting she attended. Ms. Hahn was
elected interim president until the May meeting.
Ms. Hahn is expected to attend the meeting in May.
Motion was made by Dr. Downy to approve
sending Ms. Hahn to the national meeting in May, and having the Board pay
appropriate expenses. Seconded by
Ms. Yocum, carried.
Motion was made by Ms. Yocum to approve
submitting names of Idaho licensee’s whom have disciplinary action to the
NCCAOM to be posted on their website. Seconded
by Dr. Downey, carried.
The board asked the Bureau if they would be
able to check the NCCAOM disciplinary website for applicants whom apply to
practice Acupuncture in the State of Idaho.
Ms. Hitesman noted she would check into doing this.
Ms. Kuty noted that Gene Bruno, President
of AAOM, would like to send someone from FAOMRA out to visit the State Boards.
The State of Maryland is offering free HIPPA training to their
practitioners. Ms. Kuty noted that
the board might want to check and see if free HIPPA training is available in the
State of Idaho.
FAOMRA submitted a request for suggested
endorsement language. Ms. Hitesman
will respond to FAOMRA’s request.
The board reviewed and approved the correct
title usage letter that was drafted by the Bureau to be sent out with all new
and renewal licenses.
Motion was made by Ms. Kuty to adjourn at
4:45 p.m. Seconded by Ms. Yocum,
carried.
The following applicants were approved for
licensure:
Kristina Katinka
Ingeborg Marta
Edstrom
The following
applicants were approved for certification.
Daryl A Moss
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Last Modified - Tuesday, February 06, 2007