Idaho State Board of Chiropractic Physicians
Meeting Minutes of June 20, 2003
Roll Call: Dr. Dennis Harper, Chair
Dr. Patrick Mayo
Dr. James Hollingsworth
Sandra Averill
Present at 9:45 A.M. Dr. Zane Sterling, Vice-Chair
Others present: Rayola Jacobsen, Bureau Chief
Budd Hetrick, Deputy Bureau Chief
Roger Hales, Administrative Attorney
Sandee Hitesman, Secretary
Meeting was called to order at 9:28 a.m. by
Chair, Dr. Dennis Harper.
The Chairman asked that, if there was no
objection, the minutes from May 14, 2003 board meeting stand approved as
written. There was no objection.
Ms. Jacobsen gave the legislation report.
We are processing license renewals at the present time.
This will be the last year that renewals will be due the end of June. Licenses will now expire on the licensee’s birth date.
The Bureau’s system is running smoothly.
The Bureau did not have to hire temporary help for renewals this year.
Question was asked if a reminder notice would be sent out before renewal
of license was due. All licensees
will receive a renewal notice about 6 weeks before their birth date.
Licensees must renew before the date of their birth date.
Due to the Bureau’s cost containment
position, Administrative Attorney Roger Hales, will only be present at board
meetings for about an hour from now on. This
adjustment will prevent an increase in attorney fees. The agenda will now show a time frame for Mr. Hales and the
Board is asked to review matters requiring legal input during that time.
Discussion was held regarding new board
members. It was felt that new board
members should be briefed on the process and procedure of a board meeting.
It was agreed that about 20 minutes after the new board members first
meeting would be spent discussing budgets, how to make motions, executive
session process, and anything else that the new member should know about process
and procedures.
Dr. Harper asked the board to consider
adding additional time to the terms of board members.
Ms. Jacobsen stated this would have to be brought before the legislature.
Ms. Jacobsen asked that a minimum amount of bills be scheduled for this
next legislative session.
Mr. Hetrick gave the financial report.
The financial report for the entire year will now be on the website.
As of May 31, 2003 there was a total of 492 licensed Chiropractors in the
state of Idaho. The Chiropractic
Board had a total of $9085.08 remaining in their budget at the end of May.
Mr. Hetrick explained that cash balances spike and drop because of
revenues received for applications and license renewals.
Once the renewal is changed to the licensee’s birth date, these
fluctuations should not be as great.
Mr. Hetrick gave the
investigation report.
The Bureau and Attorney Generals office report was given.
Motion was made by Dr. Hollingsworth to go into executive session to
discuss disciplinary action items not for public disclosure.
Dr. Mayo seconded, carried.
Motion was made by Dr. Hollingsworth to
come out of executive session. Dr.
Mayo seconded, carried.
Motion was made by Dr. Hollingsworth to have the prosecutor pursue a consent agreement between licensee CHI-L6A-02-02-001 and the Board of Chiropractic Examiners. This consent would state:
Seconded by Dr. Sterling carried.
Motion was made by Dr. Mayo to go into
executive session to continue to discuss disciplinary action items not for
public disclosure. Seconded by Dr.
Hollingsworth, carried.
Motion made by Dr. Hollingsworth to come
out of executive session. Seconded
by Dr. Sterling, carried.
Motion was made by Dr. Hollingsworth to
affirm the letter of warning sent to licensee CHI-L2A-01-03-6 and
CHI-L2A-01-03-7 by the Bureau of Occupational licenses.
Seconded by Ms. Averill, carried.
Motion made by Ms. Averill regarding licensee CHI-P1-02B-02-15 and CHI-P5-02B-03-2. Direct the prosecutor to draft a strongly worded letter of warning to the 6 involved Chiropractors telling them to cease and desist this practice, similar to a sample letter of warning that was presented to the board. To also send a letter to all licensed Chiropractors in the State of Idaho informing them of the type of practice being investigated, and that this sort of marketing approach is unacceptable. Seconded by Dr. Sterling. Four approved, one opposed motion. Motion carried.
Board asked to have a copy of the letters
sent to them before mailing.
Discussion was held regarding having the
Chiropractor involved send out letters of apology to all persons whom were
contacted. Board discussed how to
police that this was done. It was
determined that disclosing patient’s names without their consent may be a
HIPPA violation.
Motion was made by Dr. Mayo to direct the
prosecutor to negotiate a consent agreement with
the 6 involved Chiropractors that they: agree to cease this type of marketing
and; identify to the board all person’s contacted, and; send a letter of
apology to each person contacted that states this type of marketing was
inappropriate, and; provide to the board copied of the letter and a list of whom
the letters were sent to. Seconded
by Dr. Hollingsworth, carried.
Motion was made by Dr. Mayo to modify the
consent agreement sent to the 6 involved Chiropractors that they send us
a copy of the communication sent out, but not provide the board with a list of
names. Two approved, three opposed.
Motion failed.
Brad Hoaglan, lobbyist for the Association of Chiropractic Physicians, gave legislative report. This legislative session was followed by an election year. There were 32% new faces in the legislature. The following bills were passed for Chiropractic Physicians.
Liability reform legislation was passed. This will impact the insurance rates for Chiropractors. The Chiropractic Association did support the Bureau of Occupational licenses legislation to increase the cap from $100.00 to $150.00. This bill passed. This bill also removed the religious exemption.
There was a bill on the licensing of Natural paths. None of these bills received legislative hearing.
HB#33-changing the renewal date to the licensee’s birth date passed.
Athletic Trainers bill was discussed.
Athletic trainers are now certified through the State of Idaho.
They want licensure. The way
the bill was written, Chiropractors would not be able to hire Athletic Trainers.
The Chiropractic Association went to the Board of Medicine, who was
stating they would not support this bill if it included Chiropractors.
The Chiropractors were able to get the language of the bill to include
Chiropractors. The Senate passed
the bill. The bill went back to the house and was passed by the house.
Mr. Hoaglan stated all complaints that come in regarding an Athletic
Trainer, needs to go to the Board of Medicine.
Rules are now being drafted for Athletic Trainer licensure.
An executive decision was made to have Mr. Hales and Dr. Hollingsworth
attend the next meeting on drafting the rules, and bring the draft back to the
Board. Mr. Hales will review the
draft of the Athletic Trainer rules.
Board decided if Dr. Hollingsworth were no longer on the Board of
Chiropractic Examiners, he would still represent the board by staying on the
committee until completion of the project.
Physical Therapists are trying to make some
changes to the Athletic Trainers rules. September
is the last date for any rule making.
The board of Medicine is charging
$5.00-$10.00 fee for anyone licensed under the Board of Medicine who wants to
supervise Athletic Trainers. The
Chiropractic Board may want to discuss at a later date if they should charge
Chiropractors to supervise Athletic Trainers.
Motion made by Dr. Hollingsworth to go into
executive session to discuss pending litigation and review of applicant files
not for public disclosure. Seconded
by Dr. Mayo, carried.
Motion made by Ms. Averill to come out of
executive session. Seconded by Dr.
Harper, carried.
Motion made by Dr. Harper to break for
lunch until 1:30. Seconded by Ms.
Averill, carried.
Meeting was called to order by Chair, Dr.
Harper, at 1:35 p.m.
The board asked the bureau not to send them
copies of NBCE correspondence.
Chairman of the board asked the rest of the
board members to make a note page and comments on documentation standards
comments received from Chiropractors in the State of Idaho.
Chairman also asked the rest of the board members to review websites of
other States Licensing units, (Vermont, Utah, Oregon) who have codes passed.
Board decided to hold a phone conference
call board meetings every month, and to meet at the Owyhee Plaza for a board
meeting every 3rd month.
Discussed accepting teleconferencing for
continuing education. The board
decided not to take any action at this time.
Discussed Chiropractor’s ability to sign
death certificates. The State law
states that Chiropractor’s cannot sign death certificates.
You must practice medicine and surgery in order to sign a death
certificate. Motion was made by Dr.
Mayo to direct Mr. Hales to research how to restore Chiropractor’s ability to
sign death certificates. Seconded
by Dr. Sterling, carried.
Discussed ACN Insurance Company
credentialing doctors. It was
determined that as long as the doctor does not advertise as being credentialed
by ACN, there is no violation.
The next Chiropractic Board meeting is set
for July 30, 2003 at 12:15. It was
decided this would be a conference call meeting.
Meeting adjourned had 2:25 p.m.
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Last Modified - July 26, 2006