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

                     

Minutes of February 06, 2004 

ROLL CALL:    Therese Hahn, Chair

                        John Downey, Board Member

                        Jean Kuty, Board Member

                        Rosemary Yocum, Board Member

                        Rand Peebles, Board Member

                       

ALSO PRESENT:       Rayola Jacobsen, Bureau Chief

                                    Budd Hetrick, Deputy Chief

                                    Roger Hales, Administrative Attorney

                                    Sandee Hitesman, Office Specialist II

  

The meeting was called to order at 9:43 a.m. by Chair, Therese Hahn. 

Motion was made by Ms. Kuty to approve the meeting minutes from October 24, 2003 as written.  Seconded by Ms. Yocum, carried. 

Motion was made by Ms. Yocum to approve the meeting minutes from November 24, 2003 with the changes made that the board requested.  Seconded by Ms. Kuty, carried. 

The board discussed the need to go into executive session when discussing applications.  

It was noted that a correct title usage letter would be sent out with each renewed license. 

Ms. Jacobsen gave the legislative report.  Legislature is running quickly this year.  The board’s rules are only one vote away from being approved.  A bill was presented in the house committee yesterday to expand the investigation authority of the Bureau.  Licensees would be obligated to provide requested documentation to the Bureau in the course of an investigation. There is a stipulation in the bill allowing the licensee to file a petition with district court if they do not believe the request is lawful.  It was noted that attorney, Roger Hales, would draft a letter to be sent with any request for documents, outlining the right to file a petition with the district court.  

The board asked how something is sent to Legislature.  Ms. Jacobsen explained that an idea must be submitted to the Division of Financial Management and the Governors office in writing.  If this idea is approved, it is sent to Legislative Services, who drafts the technical language.  It then goes to the Legislature.  Temporary rules may be offered between the time that Legislative Session ends, and the next session starts.  There is, however, a time frame before and after each session when rules may not be submitted.  A temporary rule is effective immediately once it is offered to Legislature.  The temporary rule does not become a permanent rule until approved by Legislature.  

Ms. Jacobsen reported that the Bureau had been asked to take on another licensing board.  Legislation is being considered that will transfer the Drinking Water and Waste Water Operators from the Department of Environmental Quality, (DEQ) to the Bureau of Occupational licenses.  A new board will be appointed by the Governors office to license the operators.  The facilities will still be regulated by DEQ.  There are about 2500 operators right now.  The Bureau is still in the process of transferring records over, so the count could be higher.  

Mr. Hetrick gave the financial report.  At the end of January the board had $5,621.79 remaining in appropriation.  The board had a cash balance of $37,578.11.  The impact of the new board was also reviewed.  It was noted that the board’s legal costs have increased, as well as the building rent and the Bureau’s programming costs.  The board asked if holding conference calls were less expensive than physically meeting at the Bureau for board meetings.  The Bureau stated that conference calls were significantly less expensive, and that the board could hold conference calls to discuss matters that come up in between scheduled board meetings.  

Mr. Hetrick gave the investigation report. There are two complaints currently under investigation for fiscal year 2004.  There were four complaints in fiscal year 2003.  One of those has been closed.  Three complaints are still awaiting board determination.  

ACU-L-1-4-2003-4 Motion was made by Mr. Peebles to authorize the Bureau to send an advisory letter and forward a copy of the letter to the prosecutor, and close the case.  Seconded by Ms. Yocum, carried. 

ACU-L-2A-4-2003-3 Motion was made by Ms. Yocum to authorize the Bureau to send a letter quoting title 54-4712, proper use of title usage, along with an explanation of title 54-4712, and close the case.  Seconded by Dr. Downey, carried. 

ACU-L-1-4-2003-2 Motion was made by Ms. Kuty to authorize the Bureau to send out an advisory letter quoting title 54-4712, and close the case.  Seconded by Mr. Peebles, carried. 

Motion was made by Dr. Downey to go into executive session to consider application records exempt from disclosure as provided in chapter 3, title 9, Idaho Code.  Seconded by Ms. Yocum, carried. 

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

Motion was made by Ms. Yocum to have attorney, Roger Hales, draft a letter from the board denying the application for certification for applicants ACU-GNH-09-23-2003 and ACU-LVH-09-23-2003 stating that the applicants do not meet qualifications at this time, and the reasons the applicants do not meet the qualifications.  Seconded by Mr. Peebles, carried. 

Board discussed a rule change for recovery of costs and fee’s and collection of fines.  The Bureau noted that the language has been drafted. 

Board discussed a rule change for changing certification of acupuncture for medical professions only.  Attorney, Roger Hales, noted this would require a law change instead of a rule change.  This will be added to the June agenda for discussion.  The board determined they would like to invite all interested persons to this board meeting to discuss making this law change. 

Board discussed allowing continuing education extensions for those persons who have a hardship.  This will be added to the June agenda to consider making a rule change.  The board asked the Bureau to bring a couple of proposals for discussion to the June meeting. 

Chairman, Ms. Hahn, called a break at 11:30 a.m. 

Chairman, Ms. Hahn, called meeting back to order at 11:45 a.m. 

The board received a request from the Idaho Acupuncture Association on clarification on what the board would consider germane to the practice of acupuncture for continuing education.  The board reviewed rule #305 and Idaho Code 54-4702.  It was noted that Idaho code 54-4702 (1) and (4) spelled out what would be considered germane to the practice of acupuncture.  The board discussed everything that is accepted by the NCCAOM is also germane to the practice acupuncture.  The board noted that documentation would also be germane to the practice of acupuncture.  It was noted that the board could implement spelling out in their rules how many continuing education hours must be directly related to Acupuncture and Oriental Medicine. 

Motion was made by Ms. Kuty to approve the continuing education seminar offered by the Chiropractic Association on Risk Management and Documentation as presented by Dr. Downey to the board.  Seconded by Ms. Yocum, carried.  The board asked Ms. Hitesman to send a written letter of approval for 12 continuing education hours to the Chiropractic Association. Dr. Downey will fax over the documentation to Ms. Hitesman.  

The board reviewed the current continuing education approval application.  “Please attach approval letter” was added to line #12.  Mr. Hetrick noted that the approval application is on the website and can be completed on-line and submitted.  

Motion was made by Ms. Yocum to accept the continuing education form that is currently used for other boards by the Bureau.  Seconded by Ms. Kuty, carried.   

Chairman, Ms. Hahn, called a break for lunch at 12:30 p.m. 

Chairman, Ms Hahn, called meeting back to order at 1:33 p.m. 

Motion was made by Ms. Kuty to go into executive session to consider application records exempt from disclosure as provided in chapter 3, title 9, Idaho Code.  Seconded by Ms. Yocum, carried. 

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

The Board asked the Bureau to keep a record of the applicants that are denied licensure and the reason why, along with those applicants for certification who are approved that have completed education other than that offered by AAMARO, for future reference.  

The board asked the Bureau to add to June’s agenda discussion of changing the Acupuncture law and rule to delete the technician certificate.  

Continuing education requests for approval were reviewed.  The board noted that the documentation for the continuing education seminar being offered by Mr. Hicks was not sufficient to make a decision at this time.  The board asked Ms. Hitesman to submit a letter to Mr. Hicks denying his application for continuing education at this time, and asking that further documentation be submitted for review.  The board asked Ms. Hitesman to be sure to point out that should the seminar be approved, the seminar shall not be deemed an approved acupuncture program.  

The board approved the following continuing education applications: 

a)      Botanical Medicine Module I, II, III

b)      Chinese Nutrition 

The board reviewed a request for clarification of the Acupuncture law.  The board asked Ms. Hitesman to send a letter to the respondent asking for clarification of their question. 

Mr. Peebles left the meeting at 4:20 p.m. 

Ms. Kuty gave a report on the National Meeting she attended.  Ms. Hahn was elected interim president until the May meeting.  Ms. Hahn is expected to attend the meeting in May.  

Motion was made by Dr. Downy to approve sending Ms. Hahn to the national meeting in May, and having the Board pay appropriate expenses.  Seconded by Ms. Yocum, carried. 

Motion was made by Ms. Yocum to approve submitting names of Idaho licensee’s whom have disciplinary action to the NCCAOM to be posted on their website.  Seconded by Dr. Downey, carried. 

The board asked the Bureau if they would be able to check the NCCAOM disciplinary website for applicants whom apply to practice Acupuncture in the State of Idaho.  Ms. Hitesman noted she would check into doing this. 

Ms. Kuty noted that Gene Bruno, President of AAOM, would like to send someone from FAOMRA out to visit the State Boards.  The State of Maryland is offering free HIPPA training to their practitioners.  Ms. Kuty noted that the board might want to check and see if free HIPPA training is available in the State of Idaho. 

FAOMRA submitted a request for suggested endorsement language.  Ms. Hitesman will respond to FAOMRA’s request. 

The board reviewed and approved the correct title usage letter that was drafted by the Bureau to be sent out with all new and renewal licenses. 

Motion was made by Ms. Kuty to adjourn at 4:45 p.m.  Seconded by Ms. Yocum, carried. 

The following applicants were approved for licensure: 

Kristina Katinka

Ingeborg Marta Edstrom 

The following applicants were approved for certification. 

Daryl A Moss


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Last Modified - Sunday, March 08, 2009