Idaho State Board of Acupuncture
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, Idaho 83702-5642
(208) 334-3233


                          Minutes of April 25, 2003                


ROLL CALL:      Therese Hahn, Chair

                        John Downey, Board Member

                        Jean Kuty, Board Member

                        Rosemary Yocum, Board Member


ALSO PRESENT:  Roger Hales, Administrative Attorney         

                            Rayola Jacobsen, Bureau Chief

                            Budd Hetrick, Deputy Chief

                            Sandee Hitesman, Office Specialist II


Rand Peebles, Board Member, was present at 9:45 a.m. 

The meeting was called to order at 9:35 a.m. by Chair, Therese Hahn. 

Meeting minutes from January 31, 2003 was discussed.  Mr. Downey noted that on page #3, the date April 25, 2002 and July 25, 2002, needed changed to April 25, 2003 and July 25, 2003.  

Motion was made by John Downey to approved minutes from January 31, 2003 board meeting.  Seconded by, Rosemary Yocum, carried. 

Rayola Jacobsen presented the legislative report.  House Bill 14 was held due to questions raised by the Board of Nursing.  Representative Sali would like some revisions to the bill, and Ms. Jacobsen felt the board and association should review any rewrites before submitting the bill.   Ms. Jacobsen noted that an explanation of the bill could be submitted as testimony.  Writing a letter of explanation is helpful and would be read by the committee and the chairman.  The Bureau will be drafting language on House Bill 14 and meeting with Representative Sali.  The language will be brought to the board for approval.  Mr. Hales noted that there is a 60 day wait after the Legislative Session before bills may become law. 

The Board discussed an article from Acupuncture Today regarding House Bill 14.  There is some information in this article that is false.  The Board asked the Bureau to write a letter to Acupuncture Today explaining House Bill 14 and that this bill is not opening the practice of Acupuncture to other health care providers. 

Ms. Jacobsen reported that Naturopathic legislation was not successful, and Message Therapy did not come up in this legislative session. 

The Board asked what rules were passed for Acupuncture.  Ms. Jacobsen reported that a rules for incorporation by reference,  Bureau contact information, a public record section, a definition of the Bureau, updated the qualification for licensure regarding certification from NCCAOM, and changed the renewal of licensure to be in accordance with section 67-2614 Idaho Code, (renew on the applicants birth date). 

The Board discussed the new renewal date change, and renewing on line.  There will be a detailed page that shows all fees that are charged for people who renew on line.  Mr. Downey asked if Continuing Education information would also be available.  He was informed that there is information on the website.   There will be continuing education inserts put with the renewal form.  Mr. Hetrick informed the board that if they would like specific language in these inserts, to let him know.  

Mr. Hales updated board on progress of ACU-B2A-2-2002-2.  The Board entered a default order and required a response within a certain time period.  A response was received and the Bureau has requested a Hearing Officer to review the case.  The Board will be notified once the Hearing Officer has issued a recommended order. 

Mr. Hetrick gave the financial report.  Mr. Hetrick noted that the Acupuncture board had $6,354.04 left for this fiscal year as of March 31, 2003.   On line renewals are making the Bureau’s job easier, and therefore saving money.  Mr. Peebles suggested it might make renewing on line more appealing to people if we offered a reduction in renewal fee’s if they renew on line.  Mr. Hetrick noted that the renewal fee is a rule, and the board would have to make a rule change in order to reduce fees. Mr. Hetrick noted that the Bureau is checking into the possibility of the Bureau paying the Bank and Vendor fee’s charged to renew on line.  

Mr. Hetrick informed the board of a new link on the Acupuncture Website showing the financial reports. 

Mr. Hetrick gave the investigation report.  There have been four complaints for fiscal year 2003.  Three of those complaints are being investigated.  There were three complaints in 2002.  One of those complaints will be reviewed today, and two are under legal review.  One complaint has been closed since the last board meeting.  

Motion was made by Mr. Peebles to go into executive session to discuss pending litigation not subject to public disclosure.  Seconded by Ms. Yocum, carried. 

Motion was made by Mr. Downey to come out of executive session.  Seconded by Mr. Peebles, carried. 

Motion was made by Mr. Peebles to move to resend or otherwise withdraw the default order entered by this board on Nov. 27, 2002.  Seconded by Ms. Yocum, carried. 

Mr. Hetrick explained that issues come to the board in the form of a recommendation after being reviewed by the Bureau Staff and the Prosecuting Attorney.  The recommendations come to the Board without any names or identifiers.  The board will review the recommendation, and affirm or change the recommendation.  Part of the recommendation may be to proceed with some action.  If we proceed with action to a hearing, a hearing officer will be appointed.  If the Board authorizes the negotiation of a consent agreement, and that fails, a hearing officer will be appointed.  If there is a default, a hearing officer will be scheduled.  The board will get a recommendation on every case that the Bureau and Prosecutor believe further action needs taken.   

Motion was made by Ms. Kuty to move that the Bureau appoint a hearing officer and remand the issue to the hearing officer.  Seconded by Ms. Yocum, carried. 

Motion was made by Ms. Hahn to move up the request for reciprocity to be next on the agenda, after a short break.  Seconded by Ms. Yocum, carried. 

The Board discussed a request from North Carolina to become reciprocal with Idaho.  The Board discussed with attorney, Roger Hales, the difference between Reciprocity and Endorsement.  Mr. Hales noted that Reciprocity is an agreement between states to license applicants from each other’s state.  With Endorsement, the board establishes if the applicant is competent to practice Acupuncture based on the other states’ requirements.  It was noted that most boards that offer licensing by endorsement require documentation that they have worked at that profession for at least 3 of the last 5 years.  They also request documentation to show competency.  Idaho Code 54-4709 was discussed.  It was determined that this code gave a way for applicants from another state to come into Idaho.  The Board asked the Bureau to send a written response to the person requesting reciprocity stating that the Board feels comfortable with the Idaho Statue, and does not wish to change at this time. 

The Board discussed other websites and the posting of public information. 

The Board asked if the Bureau had researched the possibility of putting licensee’s public record address back on the website.  Mr. Hetrick explained that this couldn’t be done for only Acupuncture.  Mr. Hetrick did note that anyone could call the Bureau and get the public record address for a licensee. 

The Board discussed with Mr. Hales how many board members must be present to approve an applicant to receive a license.  Mr. Hales noted that it must be approved by a majority those at a meeting.  A quorum would consist of at least 3 board members. 

The Board reviewed an e-mail sent to Ms. Yocum from the NCCAOM.  NCCAOM was questioning what part of the National exams required by Idaho.  The Board asked the Bureau to respond to the e-mail stating Idaho required the Comprehensive Written Examination, the Point Location Exam, and the Clean Needle Technique. 

Motion was made by Mr. Downey to go into executive session to discuss applicants for licensure.  Seconded by Ms. Yocum, carried. 

Motion was made by Mr. Downey to come out of executive session.  Seconded by Ms. Kuty, carried. 

Motion was made by Mr. Downy to grant Acupuncture Licensure to both applicants.  Seconded by Mr. Peebles, carried. 

The following applications were approved for licensure: 

Julie Willimott

Shiyan Zhang 

Meeting adjourned at 12:15 p.m. 

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Last Modified - Sunday, March 08, 2009