Idaho State
Board of Chiropractic Physicians
Bureau of
Occupational Licenses
1109 Main Street, Suite 220
Boise, Idaho 83702-5642
(208) 334-3233
Board Meeting Minutes
of September 27, 2006
ROLL CALL: Dr. Patrick Mayo, Chair
Dr.
Shannon Gaertner-Ewing
Dr.
Gregory Dutson
Jun
Shiosaki
Dr. Geffery
Anderson
ALSO PRESENT: Rayola Jacobsen,
Bureau Chief
Budd Hetrick,
Deputy Bureau Chief
Roger
Hales, Administrative Attorney
Karl
Klein, Deputy Attorney General
Marilyn
London, Technical Records Specialist I
Chairman Dr. Mayo called the meeting to order at 9:00 a.m.
The Board and Bureau welcomed new board
member Dr. Geffery Anderson.
MINUTES
The minutes from the July 26, 2006 meeting were
reviewed. Moved by
Dr. Dutson that the Board approve the July 26, 2006 minutes. Seconded by
Dr. Gaertner-Ewing, motion carried.
Ms. Jacobsen reviewed
with the Board that Governor Risch and his staff have been very good to work
with. Additionally, there will be
many new faces at the 2007 Legislative Session as many long time legislators
did not run for re-election. The Contractor Board has now registered 18,000
contractors and the process is working well.
The new professions that have been assigned to the Bureau to
administrate; will impact the indirect funding portion of the existing Boards
budgets due to their assuming a share of the expenses.
FINANCIAL REPORT
Mr. Hetrick presented the financial report which indicates a
cash balance of $97,571.33. The Board is in good financial shape this
fiscal year. Mr. Hetrick instructed the
new board member
on how to properly use the web site
to search detail information on the board’s
financial report.
INVESTIGATIVE REPORT
Mr. Hetrick presented the investigative report which
indicates that four (4) complaints have been
received for fiscal year 2007. Eleven
(11) complaints were received for fiscal year 2006. Of those, four (4) have been closed and two (2) have been
referred for legal review and five (5) remain under investigation. Seventeen
(17) complaints were received for fiscal year 2005. Of those, six (6) have been
closed and ten (10) remain under investigation.
One awaits Board determination.
Twenty-two (22) complaints were received for fiscal year 2004. Of those, fourteen (14) have been closed and seven (7) were referred for legal
review and one (1) remains under investigation.
The Bureau presented case CHI-L1-4-2005-6. Moved by
Dr. Gaertner-Ewing that the Board accept the Bureau’s recommendation to
authorize closure. Seconded by Mr. Shiosaki, motion carried.
Mr. Klein presented a Stipulation and Consent Order for case
CHI-2006-3. Moved by
Dr. Gaertner-Ewing that the Board accept the recommendations outlined in the
Stipulation and Consent Order. Seconded by Dr. Dutson, motion carried.
Cathleen Morgan, Attorney for the Board of Medicine
presented copies of a document outlining the Board of Pharmacy and the Board of
Medicine’s stand on the use of “prescription drug or legend drug”. This was further discussed. It was decided that a working committee
should be formed with two members from the Board of Chiropractor Physicians and
members from the Board of Pharmacy
and the Board of Medicine to discuss the issues and conflicts. Ms. Jacobsen
will be making contacts and help coordinate
this meeting.
Dr. Kurt Bailey, Idaho
Chiropractic Association recommended that the Board adopt a new law to
re-clarify the practice act. At this
time it was noted that it is too late for the Bureau to submit any law changes for the 2007 Legislative
Session.
Moved by Dr.
Gaertner-Ewing to enter executive session to discuss issues with legal
counsel. Seconded by
Dr. Dutson, motion carried.
Moved by Dr.
Gaertner-Ewing to enter regular session.
Seconded by Mr. Shiosaki,
motion carried.
Moved by Dr.
Gaertner-Ewing that the Board direct the Bureau to draft a letter to notify
licensed Idaho Chiropractors using appropriate language regarding the
disagreement at this time in the use of injectable
nutritional supplements. The Board Chair will review the draft prior to being sent out.
Seconded by Mr. Shiosaki,
motion carried.
Dr. Jason West presented a Legal Opinion Letter to the Board
from G. Lance Nalder, Attorney regarding whether chiropractic physicians may
administer injectable nutrient
therapy under Idaho Law. With this
information the Board is considering adopting an emergency rule on a temporary basis. Mr.
Hales will review the Legal Opinion and report back
to the Board.
Moved by Dr.
Dutson that the Board enter executive session to discuss applicant files
exemption from public
disclosure. Seconded by Mr. Shiosaki, motion carried.
Moved by Mr.
Shiosaki to enter regular session.
Seconded by Dr.
Gaertner-Ewing, motion carried.
The Board recommended to a previously licensed chiropractor
seeking to reinstate their chiropractor license the following suggestions: Must make application and pay the $250.00
application fee to be considered;
take a pro-active roll and take approved high quality continuing education from
an approved chiropractic college; for clinical skills take the SPEC exam to
demonstrate clinical competency; the Board also recommended counseling as well
as the applicant must have completed supervised parole. Overall the applicant must convince the Board
of rehabilitation.
Moved by Dr.
Gaertner-Ewing that the Board enter executive session to discuss applicant file
exempt from public disclosure. Seconded by
Dr. Dutson, motion carried.
Moved by Dr.
Anderson to enter regular session. Seconded
by Dr. Dutson, motion carried.
Moved by Dr.
Gaertner-Ewing to deny chiropractor applicant DCA-1211
to reinstate their license based
upon not providing enough evidence to support that the applicant has
accomplished rehabilitation. Seconded by Dr. Anderson.
Moved by Dr. Dutson to amend
the motion stating that the Board has concerns regarding the failure of the
applicant to admit to the previous violations that the Board found; motion and
amended motion carried.
In response to written request for consideration; Ms. Jacobsen shared with the Board that there are no
provisions in the laws to allow dual licensure as both a Chiropractic Physician
and Naturopathic Physician. There is
nothing to prevent licensure in both professions however; an applicant would
need to submit an application for licensure to each Board that would qualify
under the Law and Rule of each profession.
The Board recessed for lunch at 1:00 p.m.
Moved by Dr.
Gaertner-Ewing that the Board approve herself and Dr. Dutson to attend the NBCE
Part IV administration and pay for appropriate expenses. Seconded by
Dr. Anderson, motion carried.
Moved by Dr.
Gaetner-Ewing to elect Mr. Shiosaki as Board Secretary. Seconded by
Dr. Anderson, motion carried.
Moved by Mr.
Shiosaki to elect Dr. Gaetner-Ewing as Board Vice-Chair. Seconded by
Dr. Anderson, motion carried.
The Board discussed Distance Learning and the possibility of allowing it for part of the annual
continuing education. Dr. Gaertner-Ewing
will further research this issue and bring
back a report at another meeting.
The Board reviewed continuing education courses requesting
approval. Moved by
Dr. Anderson that the Board approve the following courses: “Mastering the
Science & Skills of Bio-Detoxification for 10.5 hours and “Biotics Product
Review Seminar for 8 hours. Seconded by Dr. Gaertner-Ewing, motion carried.
The Board reviewed correspondence and directed Roger to
respond on behalf of the Board.
The Board reviewed a letter requesting if cold laser of LLT
therapy falls under the licensure for Idaho Chiropractors. Moved by
Dr. Anderson that cold laser LLLT therapy falls under the scope of practice for
Idaho Chiropractor Physicians. Seconded by Mr. Shiosaki, motion carried.
The Board reviewed audited continuing education for
licensees. At the next meeting the Board
will discuss the consequence of licensed chiropractors not completing the
required continuing education in the appropriate time allowed.
The Board scheduled the next meeting for November 1, 2006 at 9:30 a.m.
It was moved and seconded to adjourn the meeting at 4:00
p.m.