Idaho State Board of Acupuncture
Minutes of March 9, 2001
The State Board of Acupuncture meeting was called to order by Maggie Blair, Chair, at 9:40 a.m., Friday, March 9, 2001 at the Bureau of Occupational Licenses, Owyhee Plaza, 1109 Main Street, Suite 220, Boise, Idaho.
Roll Call: Maggie Blair, Chair; Therese Hahn; Rand Peebles; Jack Long; Emi Miller
Bureau Staff: Thomas E. Limbaugh, Bureau Chief; Roger Hales, Administrative Attorney; John Kersey, Chief Investigator; Budd Hetrick, Deputy Chief; Dee Ann Randall, Administrative Secretary
Moved by Tess Hahn, seconded by Dr. Long and carried that the minutes of the November 15, 2000 board meeting be approved.
Moved by Rand Peebles, seconded by Tess Hahn and carried that the minutes of the December 13, 2000 conference call be approved.
Moved by Tess Hahn, seconded by Dr. Long and carried that the minutes of the January 19, 2001 conference call be approved.
Open Book Examination
Discussion was held regarding examination questions for the open book jurisprudence examination. Dr. Long will provide the board members and the bureau with a minimum of ten (10) questions. When received, these questions, along with those submitted by Tess Hahn, a complete draft will be prepared and circulated to the board and reviewed at their next meeting on July 13, 2001.
Board Meeting Date
The board meeting scheduled for November 2, 2001 is changed to October 26, 2001, due to another board meeting on that same date.
FOAOMRA Meeting and Membership Dues
The Federation of Acupuncture and Oriental Medicine Regulatory Agencies (FOAOMRA) meeting will be held on May 3&4, 2001 in Safety Harbor, Florida. Tess Hahn and Emi Miller stated they would like to attend this meeting.
Tom Limbaugh informed the Board that they are over their budget for this fiscal year.
Reimbursement for attendance at the meeting, along with the $1000.00 membership dues will have to be paid after July 1, 2001.
Moved by Rand Peebles, seconded by Emi Miller and carried that the Board authorizes expenditure of $1000.00 membership dues for FOAOMRA be paid for the year 2001 and that the dues be paid after July 1, 2001 when funds will be available.
Dee Ann Randall will notify Ola Powers, Treasur er, FOAOMRA when Idaho membership dues will be paid.
Mr. Limbaugh informed the Board that the budget committee denied the $3,000 request for continuing education, based on the fact that the Acupuncture law does not require continuing education.
Roger Hales stated that to add continuing education would require a law change and then establish the requirements in the rules.
Mr. Limbaugh stated that proposed law changes need to be submitted by the first of August.
Michael Rollins/ Cynthia Woolley
Michael Rollins and his attorney Cynthia Woolley met with the Board to address his certification application.
The matter of the request by Ms. Woolley that Maggie Blair disqualifies herself from the Board with respect to Michael Rollins application was discussed. After further discussion, Roger Hales stated that he would probably take the position that they have the right to disqualify one board member without cause, as referenced in the Administrative Procedures Act, 67-5252.
Moved by Tess Hahn, seconded by Rand Peebles and carried that in the absence of Maggie Blair, Chair, Emi Miller be acting chair of the board during the discussion of Michael Rollins acupuncture application.
Michael Rollins proceeded to present his testimony and letters regarding his qualifications for acupuncture licensure/certification.
The Board informed Ms. Woolley and Mr. Rollins that they would take the matter under advisement and they would be notified of the Boardís decision.
Moved by Dr. Long, seconded by Tess Hahn and carried that the Board go into executive session at 11:40 a.m. to discuss applicant records exempt from public record which might be a potential litigation matter.
Moved by Tess Hahn, seconded by Dr. Long and carried the Board comes out of executive session at 12:30 p.m.
Moved by Rand Peebles, seconded by Tess Hahn and carried that after review of the Acupuncture law and rules and after considering his testimony, letters submitted and his application file, Michael Rollins does not meet the requirements for acupuncture licensure or certification. However, his experience and educational background justify an expansion of his practice under his technician certificate. Mr. Rollins technician certification is hereby expanded to eliminate the requirement of supervision; his practice will continue to be limited to the International Academy of Medical Acupuncture system using Ryodoraku Elector Meridian Imaging. Mr. Rollins is requested to submit to the Board by their July 13, 2001 board meeting twenty (20) letters, five from each year for the past four years, documenting that he has done acupuncture on these patients. Letters in Mr. Rollins file do not state he has performed acupuncture on the patients.
The Board directs Roger Hales to prepare a written decision based on the above motion.
Discussion was held regarding opening the Acupuncture Act during the next legislative session. Emi Miller stated she would like to wait a year before submitting any law changes.
Maggie Blair stated that she thinks time is of the essence to submit legislation because of several issues, one of which is individuals wanting to"upgrade" from certification to licensure and part of this issue is health insurance reimbursement. It appears that some health insurance companies will reimburse if the individual is licensed, but will not if they are certified because their law refers only to licensure. Other issue is the Chiropractic Board at their last meeting asked the Bureau to write legislation excluding them from the Acupuncture Act. Mr. Limbaugh contacted the Governorís Office and was told no they would not support any legislation where two boards were in conflict over the proposed changes. The lobbyist for the Chiropractic Association contacted a committee member with this idea to have chiropractors excluded from the Acupuncture Act and was told this type of legislation would not be successful if submitted.
Maggie Blair stated that it certainly would behoove the Board, if this happens, to have something ready regarding legislative changes.
Rand Peebles introduced the idea of doing away with the certification distinction and calling it a blanket licensure and under licensure there would be several routes in which licensure can be obtained. Individuals practice is governed by their scope of practice and this would not change under this proposal.
Other issues discussed for possible legislation was removing all references in the law to AAMA or IAMA fellowship and establishing 400 hours of training for the certified acupuncturist. Also discussed was adding the requirement of current licensure as a medical provider. As the Board has no authority over other licensed disciplines, this change does not appear feasible.
Moved by Rand Peebles, seconded by Emi Miller and carried the board go into executive session at 2:20 p.m. to review applications.
Moved by Rand Peebles, seconded by Emi Miller and carried the board comes out of executive session at 2:25 p.m.
Mr. Limbaugh reviewed the financial report with the Board, noting that they are $1,300 over their budget at this time.
Mr. Limbaugh informed the Board that their proposed rule changes have been approved by both the House and Senate and upon concurrent resolution will become effective.
John Kersey reported that to date, no new complaints have been received for this year. Two (2) complaints were received in 2000. Of those, one (1) remains open and is under investigation. The closed complaint ACU-P1-01-00-00. Alleged unlicensed practice.
When the respondent was advised of the complaint, respondent immediately applied for and was granted a license. Case closed without action.
Moved by Tess Hahn, seconded by Emi Miller and carried the Board go into executive session at 3:15 p.m. to review applications.
Moved by Rand Peebles, seconded by Tess Hahn and carried the Board comes out of executive session at 4:30 p.m.
The Board approved seven (7) applications for licens ure, one (1) application for certification and one (1) application was deferred.
Upon approval of the Board, the following licenses were issued:
Ryan M. Pedersen ACU-119
Xia hao ACU-120
Kevin Meehan ACU-121
Bobette Gray ACU-122
Michael Hix ACU-123
David Bo Zhong ACU-124
Jason West ACC-115
Craig Manning ACC-125
Acupuncture Technician Certification
Michael Rollins ACT-114
Jeff Wheeler ACT-116
Becky Wheeler ACT-117
Judy Carter ACT-118
Moved by Tess Hahn, seconded by Rand Peebles and carried the board meeting adjourn at 4:45 p.m.
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Last Modified - Sunday, March 08, 2009