Idaho State Board of Acupuncture
Minutes
of June 04, 2004
ROLL CALL:
Therese Hahn, Chair
John Downey, Board Member
Jean Kuty, Board Member
Rosemary Yocum, Board Member
Rand Peebles, Board Member
BUREAU
PRESENT: Rayola Jacobsen, Bureau Chief
Budd Hetrick, Deputy Chief
Roger Hales, Administrative Attorney
Sandee Hitesman, Office Specialist II
OTHERS PRESENT: Sandy Evans, Executive Director for the Board of Nursing
The meeting was called to order at 9:30
a.m. by Chair, Therese Hahn.
Motion was made by Ms. Kuty to approve the
meeting minutes from February 06, 2004 with the typographical correction.
Seconded by Ms. Yocum, carried.
Ms. Jacobsen gave the legislative report.
All of the Acupuncture rules submitted to legislature were approved.
The Bureau had one bill before the legislature that would give the
investigators subpoena ability. The
bill was lost on the Senate floor. The
Bureau will submit this bill again next year.
Mr. Hetrick gave the financial report.
There is a change in format of the financial report on the website.
As of April 30, 2004 the Board had $732.83 left in appropriation with a
cash balance of $43,804.09.
Mr. Hetrick gave the investigative report.
There have been 3 complaints for fiscal year 2004.
Two are under investigation, and one is ready for Board review.
ACU-B1-03-2004-1 was reviewed for Board
determination.
Motion was made by Dr. Downey to send an
advisory letter to the respondent stating the respondent must remove all
unlawful advertisement. Respondent
must submit a confirmation that all unlawful advertisement has been removed.
Once the confirmation is received, case will be closed.
Seconded by Ms. Kuty, carried.
A request for approval of a certification
for Acupuncture program was reviewed. Board
noted that the program would have to be offered only to medical practitioners.
Motion was made by Dr. Downey to appoint a
subcommittee to review all documentation submitted.
The subcommittee will report their findings at the next scheduled Board
meeting. The Bureau will send a
letter to respondent advising him of the Board’s decision to appoint a
subcommittee, and request respondent submit another copy of the Acupuncture
program. Seconded by Ms. Yocum,
carried.
Chairman, Therese Hahn, called a break.
Meeting called back to order at 10:15 a.m.
by chairman.
The Board discussed proposing a law change for certification in Acupuncture. Sandy Evans, Executive Director for the Board of Nursing was present for this discussion.
Two sessions ago the Board of Acupuncture submitted House Bill #14 to legislature. A couple of issues relative to the practice of nursing caused some concerns with the Board of Nursing. Their first concern was that the practice definition language for Acupuncture overlapped other practices. The laying on of hands and the application of pressure within the scope of practice for Acupuncture has historically also been within the scope of practice for nursing as well. The second concern was in the exemption provided for persons licensed pursuant to the medical practice act, but not for those licensed under some other act.
It was noted that there are four levels of advanced practiced nurses. They are:
All levels are involved in practicing pain
management. It was noted that
nurses seek national certification, and may have years of experience under a
qualified provider. Some nurses
have a related certification and add additional education.
The Board of Nursing would like assurance that the Acupuncture Board
recognizes the Board of Nursing’s ability and authority to regulate the
practice of nursing and to know at what point things fall outside of that
practice. The Board confirmed that
they have no desire to regulate the practice of nursing. It was noted that if a nurse sought to practice Acupuncture
and advertise as an Acupuncturist without an acupuncture license, they would be
in violation of the law. The Board
noted that it was their intention with the previous legislation to include
nurses under the approach to obtaining acupuncture certification. The Board
recognizes that some of their scope of practice overlaps other professions.
Ms. Evans noted that perhaps the Board could bring an interpretation of
their law to the Board of Nursing. Ms.
Jacobsen noted that she and administrative attorney, Roger Hales, would be
willing to meet with the Board of Nursing and explain the Board of
Acupuncture’s intent. A letter
will be drafted to the Board of Nursing outlining that the Board’s scope of
practice definition may include areas that are usual and customary to other
providers, and that it is not the intent of the Board to exclude other licensed
providers from practicing their professions. Ms. Evans also recommended
replacing references to Nurse Practitioners with Advanced Practice Professional
Nurses.
The Board reviewed two requests for a
waiver of reinstatement fee.
Motion was made by Mr. Peebles to deny Mr.
Fords request. Seconded by Dr.
Downey, carried.
Motion was made by Mr. Peebles on the
second request to send a letter to respondent stating that the request has
launched a review of the fee structure of the reinstatement fee amount.
Currently the Board has no discretion in waiving the reinstatement fee
amount, and therefore is unable to grant a waiver at this time. Seconded by Dr.
Downey, carried.
The Board asked if it would be feasible for
the Board to lower the licensing fee along with the reinstatement fee.
The Bureau did an analysis, and noted that for fiscal year 2002, the
Board of Acupuncture came in over budget. For
the current fiscal year, the Board’s expenditures are more than their revenue.
There are a total of 137 Idaho licensed Acupuncturists.
Chairman, Therese Hahn, called a break for
lunch at 12:20.
Meeting called back to order at 1:20 p.m.
by chairman.
Rule changes for continuing education
extensions for hardship, and assessing disciplinary fines and costs were
reviewed.
Motion was made by Dr. Downey to accept the
proposed rule changes as written. Seconded
by Mr. Peebles, carried.
Deletion of the Technician Certificate was
discussed. It was noted that the
technician certificate is needed in some cases in order to obtain Certification in
Acupuncture.
Certification in Acupuncture was reviewed
further. The Board discussed if a
rule or law change should be made. It
was noted that rule changes are easier to pass through legislation. Mr. Hetrick will add this to the proposed rule changes, and
add language to define other demonstration of proficiency as uniformly required
by the Board for other similarly qualified applicants for certification.
A tentative conference call meeting will be
held on June 17, 2004 @ 9:00 a.m. to discuss proposed law and rule changes.
A request from licensee’s ACC-RCL-6-30-2000 and ACC-HDL-6-30-2000 for an upgrade from a Certified Acupuncturist to a Licensed Acupuncturist was reviewed.
It was noted that Administrative Attorney,
Roger Hales, had sent a letter to each licensee in December of 2001 advising
them that they did not meet the requirements of licensure in Acupuncture.
Motion was made by Dr. Downey to direct Mr.
Hales to send a letter to each licensee stating the Board has denied their
request for an upgrade of their Acupuncture Certification.
Seconded by Ms. Yocum, carried.
The Board expressed their appreciation to
Mr. Peebles for his years of service to the State Board of Acupuncture.
Chairman Ms. Hahn called a break.
Chairman called meeting back to order.
Motion was made by Dr. Downey to go into
executive session to discuss application records exempt from disclosure as
provided in chapter 3, title 9, Idaho Code.
Seconded by Ms. Kuty, carried.
Motion was made by Ms. Kuty to come out of
executive session. Seconded by Ms.
Yocum, carried.
A request for approval of a continuing
education program was reviewed.
Motion
was made by Ms. Yocum to approve the on-line continuing education request for
the seminars Ethics and Professionalism for Acupuncturists for two hours and Non
Prescription Pain Management for one hour.
Seconded by Ms. Kuty, carried.
Motion was made by Ms. Yocum to have the
Bureau send out a letter to all active Acupuncturists stating that distance
learning that is approved by the NCCAOM will not need prior approval by the
Board. Seconded by Dr. Downey,
carried.
The Board reviewed a second request for
continuing education approval.
Motion was made by Dr. Downey to approve
the continuing education seminar Nutritional Therapy in Holistic Practice for
eighteen hours of continuing education presented on January 22, 2004; February
5, 2004; February 19, 2004; March 4, 2004; March 18, 2004; March 25, 2004; April
1, 2004; April 8, 2004; April 22, 2004; May 6, 2004; May 20, 2004 and June 03,
2004. Seconded by Ms. Kuty, carried.
Motion was made by Ms. Kuty to adjourn at
3:35 p.m. Seconded by Dr. Downey,
carried.
The following applications were approved
for licensure:
Ethan Fisher
Denise Jenderzak
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Last Modified - Tuesday, February 06, 2007