Idaho State Board of Chiropractic Physicians
Meeting Minutes of March 19, 2002
Roll Call: Dr. Dennis Harper, Chair
Dr. Patrick Mayo
Dr. Zane Sterling
Dr. James Hollingsworth
Sandra Averill
Others present: Rayola Jacobsen, Bureau Chief
John Kersey, Chief Investigator
Budd Hetrick, Deputy Bureau Chief
Roger Hales, Administrative Attorney
Kirsten Wallace & David Lloyd, Prosecuting Attorney
Cherie Simpson, Secretary
Guests present: Attorneys
Bill Lee and Jeff Strother, and Dr. Michael Henze.
Minutes from December 12, 2001 board meeting were reviewed.
Moved by Dr. Mayo that minutes be approved as written.
Seconded by Dr. Sterling, carried.
Ms. Jacobsen updated the board of the legislative actions.
She stated that the rules were approved and that if they wish to move
forward with the fee cap increases they can present the legislation during the
next session.
Mr. Hales stated that he didn’t have anything specific,
but that he would need to address some issues with the Board during the course
of the day.
Moved by Ms. Averill that Board go into executive session
to discuss potential litigation. Seconded
by Dr. Hollingsworth, carried.
Moved by Ms. Averill to come out of executive session.
Seconded by Dr. Sterling, carried.
Discussion was held on peer review and the procedure
changes from the December meeting. Dr.
Mayo explained the reason behind the changes.
Discussion was held on removing the former Committee Chair and appointing
a member of the Board as the Chairman of peer review.
Attorneys Bill Lee and Jeff Strother appeared to discuss
their concerns with the peerreview process.
They addressed the following recommendations:
1) That the Chair handle appeals with dispatch; 2) That the Board pursue
an aggressive public relations campaign for peer review; 3) The Boards limiting
the process to 1st party insurance requests and that 3rd
party should be dealt with civilly; 4) Reviewer should be bound by the decision;
5) The Board should approve reference sources; 6) The party requesting the
review should state their concerns and identify areas of objection; 7)Removal of
committee should be majority of the Board; 8) Identifying information needs to
the stricken from all reviewed items; and 9) Bound arbitration.
Mr. Strother stated that peer review is perceived to be a tool of
insurance companies for cost containment. He suggested that the patient be
contacted in each case for comment of treatment (i.e. Was treatment excessive,
Was treatment what patient wanted). They
also commented that they feel the Board does not have confidence in the process,
but that it will be around a long time.
Mr. Kersey presented that Complaint/Investigation report.
Moved by Dr. Hollingsworth that Board go into executive session to
discuss potential litigation. Seconded
by Ms. Averill, carried.
Moved by Dr. Sterling to come out of executive session.
Seconded by Ms. Averill, carried.
Moved by Ms. Averill that the Board authorize the Attorney
Generals office to file the discussed injunction and that Mr. Hales be
authorized to proceed with law changes in 54-705(g). Seconded by Dr. Hollingsworth, carried. Moved by Dr. Hollingsworth that the Board recognize Kirsten
Wallace and the exemplary service she has provided to the Board.
He suggested a plaque or letter of recognition be given to Ms. Wallace.
Seconded by Ms. Averill, carried.
Break for lunch until 1:15 p.m.
Mr. Hetrick distributed the financial report for the Boards
review and explained the new format. Mr.
Hetrick stated that as of this date there are 403 active licenses, 75 inactive
licenses, and 3 retired licenses. Mr.
Hetrick distributed the new revised renewal form for the Board approval for use
during the upcoming renewal period. After some discussion the Board felt that the renewals should
include clarification on advertising practices and the procedure for being
included on the peer review committee. Moved
by Dr. Hollingsworth that renewal form include a line item for disciplinary
action in another state. Seconded
by Dr. Sterling, carried. Moved by
Dr. Hollingsworth that Dr. Sterling draft a paragraph asking for participants of
the peer review committee and that he draft a re-statement of the rules that
apply to advertising. Seconded by
Dr. Sterling, carried. The Board
requested that the Mr. Kersey check the yellow pages advertisements for
compliance in advertising rules.
The Board reviewed the application for reinstatement of
license for James K. Davis. Moved
by Dr. Hollingsworth that Dr. Davis appear before the board for an oral
interview and determination of moral character.
Seconded by Ms. Averill, carried.
Discussion held on the use of the term “physical
therapy” in chiropractic practice. Upon
review of 54-2201 (Physical Therapy act) it was noted that the term is protected
under licensure as a physical therapist. Moved
by Dr. Hollingsworth that letter be sent addressing the prohibited use of term
“Physical Therapy”. The term
Physio Therapy can be used under licensure as a Chiropractic Physician.
Seconded by Dr. Sterling, carried.
Mike Henze of the IACP Insurance Committee reported findings to the Board regarding Mercy Guidelines and Olson’s Guidelines in reference to peer reviews. The Board felt they would need more information on where Mercy guidelines have failed and what the weaknesses are. Moved by Ms. Averill that Dr. Sterling do additional research on the Standards for Peer Review with various agencies and organizations including FCLB, CCE, FCER and ACA and report on the standards. Seconded by Dr. Hollingsworth, carried.
The documentation committee was discussed.
Dr. Harper will put together a list of possible members for the
committee.
Moved by Dr. Hollingsworth that Board go into executive
session to discuss potential litigation. Seconded
by Ms. Averill, carried.
Moved by Dr. Hollingsworth to come out of executive
session. Seconded by Dr. Mayo,
carried.
Moved by Dr. Hollingsworth that offer from Attorneys for
Saccoman v Moldenhauer be rejected and that letter be drafted describing that
rules specified in the judgment are already in place and that invoice be
obtained on detailing legal fees. Seconded
by Ms. Averill, carried.
Moved by Dr. Hollingsworth that Board meet via telephone
within two weeks to approve revised peer review forms.
Seconded by Ms. Averill, carried. Call
scheduled for April 2, 2002 at 12:00 mst.
Moved by Dr. Mayo that Continuing Education seminar offered
by IACP entitled Nutritional Seminar be approved for six hours.
Seconded by Ms. Averill, carried.
Request from Michael Gott for waiver of continuing
education requirements and reinstatement fee was reviewed. Dr. Gott must submit fees and continuing education credits
required by law and board rule.
Moved by Ms. Averill that the proposed fee cap increase be
presented this next legislative session. Seconded
by Dr. Mayo, carried.
Next meeting scheduled for May 21, 2002.
Meeting ended at 4:30 p.m.
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Last Modified - May 09, 2006