IDAHO BOARD OF CHIROPRACTIC PHYSICIANS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

Conference Call Minutes of 4/9/2008

THIS IS A DRAFT DOCUMENT THAT HAS NOT BEEN APPROVED BY THE

BOARD

BOARD MEMBERS PRESENT:  Shannon Gaertner-Ewing - Chair

                                                             Geffery D Anderson

                                                             Larry D Nelson

                                                             Jun Shiosaki

                                                             Robert Wallace Haug

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Budd Hetrick, Deputy Bureau Chief

                                                            Roger Hales, Administrative Attorney

                                                            Mike Gilmore, Deputy Attorney General

                                                            James Hotchkiss, Hearing/Appeals Technician

                                                            Marcie McGinty, Investigations Coordinator

                                                            Marilyn London, Technical Records Specialist I

Meeting was called to order at 12:30 PM MST by Shannon Gaertner-Ewing.

APPROVAL OF MINUTES

The Board reviewed the January 9, 2008 conference call minutes. Moved by Mr. Shiosaki to approve the January 9, 2008 minutes. Seconded by Dr. Haug, motion carried.

The Board reviewed the January 25, 2008 conference call minutes. Moved by Dr. Haug to approve the January 25, 2008 minutes. Seconded by Dr. Anderson, motion carried.

The Board reviewed the February 1, 2008 conference call minutes. Moved by Mr. Shiosaki to approve the February 1, 2008 minutes. Seconded by Dr. Haug, motion carried.

LEGISLATIVE REPORT

Ms. Cory informed the Board that their proposed rules were approved and are now in effect.

FINANCIAL REPORT

Ms. Cory presented the financial report which indicates a balance of $104,816.41. Discussion was held regarding the high balance and the possibility of lowering the renewal fee. The high numbers of investigations are also a concern and the Board does not want to lower the fees prematurely. This concern will be reviewed by the Bureau and monitored.  Moved by Dr. Anderson to approve the financial report. Seconded by Dr. Nelson, motion carried.

DISCIPLINARY COMPLAINTS

Mr. Gilmore presented a memo on recommended actions on disciplinary complaints for Board review on case CHI-2008-5. The Board reviewed and presented their recommendations.

Mr. Gilmore presented a Stipulation and Consent Order for case number CHI-2008-4. Moved by Dr. Nelson that the Board accept the Stipulation and Consent Order as written and authorize the Chair to sign on behalf of the Board. Seconded by Mr. Shiosaki, motion carried.

INVESTIGATIVE REPORT

Mr. Hotchkiss presented the investigative report:

Fiscal year 2008: To date, twelve (12) complaints were received. Of those, four (4) are pending legal review by the Office of the Attorney General; six (6) are under investigation; and three (3) await Board determination.

Fiscal year 2007: Twenty-five (25) complaints were received. Of those, eight (8) were closed by Board action; two (2) were closed following disciplinary action; four (4) are pending legal review by the Office of the Attorney General; nine (9) remain under investigation; and two (2) await Board determination.

Fiscal year 2006: Eleven (11) complaints were received. Of those, nine (9) were closed by Board action; one (1) was closed following disciplinary action; and one (1) remains under investigation.

Fiscal year 2005: Eighteen (18) complaints were received. Of those, ten (10) were closed by Board action; four (4) are pending legal review by the Office of the Attorney General; and four (4) await Board determination.

Fiscal year 2004: Twenty-two (22) complaints were received. Of those, eighteen (18) were closed by Board action; three (3) were closed following disciplinary action; and one (1) is pending legal review by the Office of the Attorney General.

For Board Determination:

Case number I-CHI-2005-8: Following review, it was moved by Mr. Shiosaki to accept the Bureau’s recommendation and authorize closure. Seconded by Dr. Anderson, motion carried.

Case number I-CHI-2005-9: Following review, it was moved by Dr. Haug to accept the Bureau’s recommendation and authorize closure. Seconded by Dr. Nelson, motion carried.

Case number I-CHI-2005-10: Following review, it was moved by Dr. Anderson to accept the Bureau’s recommendation and authorize closure. Seconded by Mr. Shiosaki, motion carried.

Case number I-CHI-2005-11: Following review, it was moved by Dr. Anderson to accept the Bureau’s recommendation and authorize closure. Seconded by Dr. Nelson, motion carried.

Case number I-CHI-2007-8: Following review, it was moved by Dr. Anderson to accept the Bureau’s recommendation and authorize closure. Seconded by Dr. Nelson, motion carried.

Case number I-CHI-2007-19: Following review, it was moved by Mr. Shiosaki to accept the Bureau’s recommendation and authorize closure. Seconded by Dr. Haug, motion carried.

Case number I-CHI-2008-6: Following review, it was moved by Dr. Haug to accept the Bureau’s recommendation and authorize closure. Seconded by Dr. Anderson, motion carried.

Case number I-CHI-2008-7: Following review, it was moved by Dr. Anderson to accept the Bureau’s recommendation and authorize closure. Seconded by Mr. Shiosaki, motion carried.

Case number I-CHI-2008-8: Following review, it was moved by Dr. Anderson to accept the Bureau’s recommendation and authorize closure. Seconded by Mr. Shiosaki, motion carried.

OLD BUSINESS

The Board discussed cold laser therapy.  Dr. Gaertner-Ewing provided Mr. Hales information on the five different levels of lasers and how they are used. The chiropractic law states that the chiropractors cannot use prescriptive devices.  Lasers can be purchased from a couple of companies after the chiropractor takes a certification course and understands how to effectively use the laser. Mr. Hales will further research lasers and how they are classified by the FDA and bring back a report for the next meeting.

The Board discussed multiple fee schedules and if they are illegal. This is not addressed in the Board law or rules. Mr. Hales will provide a legal opinion to the Board addressing multiple fee schedules.

NEW BUSINESS

The Board discussed amending the law to include code of ethics and to define it in the rules. Moved by Dr. Nelson that the Board direct Mr. Hales to draft language for a law change to include a code of ethics. Seconded by Dr. Anderson, motion carried.

Further search of the chiropractic law under Idaho Code 54-712(13) shows the Board does have the authority for a code of ethics. Therefore, language for a proposed rule can be done.

The Board discussed adding a new rule for record keeping standards using the Olsen Standards as guidelines.  The Board will need to send a letter to the Chiropractic Association for support in adopting a standard.  The Board would like input from the licensees and Dr. Anderson volunteered to help draft a survey to send out to all Idaho licensed chiropractors.

The Board discussed sending out a postcard to all Idaho licensed chiropractors informing them of the new rule changes that are now in effect. Moved by Dr. Haug to direct the Bureau to send out postcards to all Idaho licensed chiropractors with information on the new rules. Seconded by Mr. Shiosaki, motion carried.

CONTINUING EDUCATION COURSES

The Board reviewed a continuing education course given at the State Convention. Moved by Dr. Nelson that the continuing education course be approved for six hours. Seconded by Dr. Anderson, motion carried.

The Board reviewed a continuing education course from Gregg Friedman titled, “Clinical Documentation of Chiropractic.” Moved by Dr. Anderson that the Board approve this course for 12 hours. Seconded by Dr. Nelson, motion carried.

The Board reviewed a continuing education course from Dr. Stoney Foster titled, “Business Philosophy.”  Moved by Mr. Shiosaki that the Board request additional information on course content and review it at the next Board meeting. Seconded by Dr. Nelson, motion carried.

WALL CERTIFICATES

The Board discussed wall certificates for new licensed chiropractors.  The last time they were ordered was the year 2000. The Bureau does its own printing of certificates for the majority of the professions licensed under the Bureau. Moved by Dr. Haug that the Board approve the Bureau to start printing wall certificates for newly licensed chiropractors. Seconded by Dr. Anderson, motion carried. Individual vote for this motion were: Dr. Anderson, aye; Dr. Haug, aye; Mr. Shiosaki; aye; and Dr. Nelson, nay.

CORRESPONDENCE

The Board received a letter from a chiropractor trying to reinstate his license requesting the waiver of the $250.00 reinstatement fee. This is a requirement when the license is not renewed by the expiration date. The Board stated that they do not have the authority to waive the reinstatement fee and directed the Bureau to respond to the chiropractor in writing.

NEXT MEETING

The Board scheduled their next meeting for June 18, 2008 at 9:30 a.m. M.S.T. at the Bureau of Occupational Licenses.

ADJOURNMENT

Moved by Dr. Nelson that the meeting adjourns at 2:20 p.m. M.S.T. Seconded by Dr. Anderson, motion carried.