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


Minutes of June 04, 2004   


ROLL CALL:    Therese Hahn, Chair

                        John Downey, Board Member

                        Jean Kuty, Board Member

                        Rosemary Yocum, Board Member

                        Rand Peebles, Board Member


BUREAU PRESENT:    Rayola Jacobsen, Bureau Chief

                                      Budd Hetrick, Deputy Chief

                                      Roger Hales, Administrative Attorney

                                      Sandee Hitesman, Office Specialist II


OTHERS PRESENT:  Sandy Evans, Executive Director for the Board of Nursing


The meeting was called to order at 9:30 a.m. by Chair, Therese Hahn.  

Motion was made by Ms. Kuty to approve the meeting minutes from February 06, 2004 with the typographical correction.  Seconded by Ms. Yocum, carried.  

Ms. Jacobsen gave the legislative report.  All of the Acupuncture rules submitted to legislature were approved.  The Bureau had one bill before the legislature that would give the investigators subpoena ability.  The bill was lost on the Senate floor.  The Bureau will submit this bill again next year. 

Mr. Hetrick gave the financial report.  There is a change in format of the financial report on the website.  As of April 30, 2004 the Board had $732.83 left in appropriation with a cash balance of $43,804.09.  

Mr. Hetrick gave the investigative report.  There have been 3 complaints for fiscal year 2004.  Two are under investigation, and one is ready for Board review. 

ACU-B1-03-2004-1 was reviewed for Board determination. 

Motion was made by Dr. Downey to send an advisory letter to the respondent stating the respondent must remove all unlawful advertisement.  Respondent must submit a confirmation that all unlawful advertisement has been removed.  Once the confirmation is received, case will be closed.  Seconded by Ms. Kuty, carried. 

A request for approval of a certification for Acupuncture program was reviewed.  Board noted that the program would have to be offered only to medical practitioners.  

Motion was made by Dr. Downey to appoint a subcommittee to review all documentation submitted.  The subcommittee will report their findings at the next scheduled Board meeting.  The Bureau will send a letter to respondent advising him of the Board’s decision to appoint a subcommittee, and request respondent submit another copy of the Acupuncture program.  Seconded by Ms. Yocum, carried. 

Chairman, Therese Hahn, called a break. 

Meeting called back to order at 10:15 a.m. by chairman. 

The Board discussed proposing a law change for certification in Acupuncture.  Sandy Evans, Executive Director for the Board of Nursing was present for this discussion. 

Two sessions ago the Board of Acupuncture submitted House Bill #14 to legislature.  A couple of issues relative to the practice of nursing caused some concerns with the Board of Nursing.  Their first concern was that the practice definition language for Acupuncture overlapped other practices. The laying on of hands and the application of pressure within the scope of practice for Acupuncture has historically also been within the scope of practice for nursing as well.  The second concern was in the exemption provided for persons licensed pursuant to the medical practice act, but not for those licensed under some other act.

It was noted that there are four levels of advanced practiced nurses.  They are:

  1. Certified Nurse Midwifes
  2. Clincial Nurse Specialists
  3. Registered Nurse Practitioners 
  4. Registered Nurse Anesthetist 

All levels are involved in practicing pain management.  It was noted that nurses seek national certification, and may have years of experience under a qualified provider.  Some nurses have a related certification and add additional education.  The Board of Nursing would like assurance that the Acupuncture Board recognizes the Board of Nursing’s ability and authority to regulate the practice of nursing and to know at what point things fall outside of that practice.  The Board confirmed that they have no desire to regulate the practice of nursing.  It was noted that if a nurse sought to practice Acupuncture and advertise as an Acupuncturist without an acupuncture license, they would be in violation of the law.  The Board noted that it was their intention with the previous legislation to include nurses under the approach to obtaining acupuncture certification. The Board recognizes that some of their scope of practice overlaps other professions.  Ms. Evans noted that perhaps the Board could bring an interpretation of their law to the Board of Nursing.  Ms. Jacobsen noted that she and administrative attorney, Roger Hales, would be willing to meet with the Board of Nursing and explain the Board of Acupuncture’s intent.  A letter will be drafted to the Board of Nursing outlining that the Board’s scope of practice definition may include areas that are usual and customary to other providers, and that it is not the intent of the Board to exclude other licensed providers from practicing their professions. Ms. Evans also recommended replacing references to Nurse Practitioners with Advanced Practice Professional Nurses.  

The Board reviewed two requests for a waiver of reinstatement fee.  

Motion was made by Mr. Peebles to deny Mr. Fords request.  Seconded by Dr. Downey, carried. 

Motion was made by Mr. Peebles on the second request to send a letter to respondent stating that the request has launched a review of the fee structure of the reinstatement fee amount.  Currently the Board has no discretion in waiving the reinstatement fee amount, and therefore is unable to grant a waiver at this time. Seconded by Dr. Downey, carried.  

The Board asked if it would be feasible for the Board to lower the licensing fee along with the reinstatement fee.  The Bureau did an analysis, and noted that for fiscal year 2002, the Board of Acupuncture came in over budget.  For the current fiscal year, the Board’s expenditures are more than their revenue.  There are a total of 137 Idaho licensed Acupuncturists.  

Chairman, Therese Hahn, called a break for lunch at 12:20. 

Meeting called back to order at 1:20 p.m. by chairman. 

Rule changes for continuing education extensions for hardship, and assessing disciplinary fines and costs were reviewed.  

Motion was made by Dr. Downey to accept the proposed rule changes as written.  Seconded by Mr. Peebles, carried. 

Deletion of the Technician Certificate was discussed.  It was noted that the technician certificate is needed in some cases in order to obtain Certification in Acupuncture. 

Certification in Acupuncture was reviewed further.  The Board discussed if a rule or law change should be made.  It was noted that rule changes are easier to pass through legislation.  Mr. Hetrick will add this to the proposed rule changes, and add language to define other demonstration of proficiency as uniformly required by the Board for other similarly qualified applicants for certification.  

A tentative conference call meeting will be held on June 17, 2004 @ 9:00 a.m. to discuss proposed law and rule changes. 

A request from licensee’s ACC-RCL-6-30-2000 and ACC-HDL-6-30-2000 for an upgrade from a Certified Acupuncturist to a Licensed Acupuncturist was reviewed. 

It was noted that Administrative Attorney, Roger Hales, had sent a letter to each licensee in December of 2001 advising them that they did not meet the requirements of licensure in Acupuncture.  

Motion was made by Dr. Downey to direct Mr. Hales to send a letter to each licensee stating the Board has denied their request for an upgrade of their Acupuncture Certification.  Seconded by Ms. Yocum, carried. 

The Board expressed their appreciation to Mr. Peebles for his years of service to the State Board of Acupuncture. 

Chairman Ms. Hahn called a break. 

Chairman called meeting back to order. 

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

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

A request for approval of a continuing education program was reviewed. 

Motion was made by Ms. Yocum to approve the on-line continuing education request for the seminars Ethics and Professionalism for Acupuncturists for two hours and Non Prescription Pain Management for one hour.  Seconded by Ms. Kuty, carried. 

Motion was made by Ms. Yocum to have the Bureau send out a letter to all active Acupuncturists stating that distance learning that is approved by the NCCAOM will not need prior approval by the Board.  Seconded by Dr. Downey, carried. 

The Board reviewed a second request for continuing education approval. 

Motion was made by Dr. Downey to approve the continuing education seminar Nutritional Therapy in Holistic Practice for eighteen hours of continuing education presented on January 22, 2004; February 5, 2004; February 19, 2004; March 4, 2004; March 18, 2004; March 25, 2004; April 1, 2004; April 8, 2004; April 22, 2004; May 6, 2004; May 20, 2004 and June 03, 2004. Seconded by Ms. Kuty, carried. 

Motion was made by Ms. Kuty to adjourn at 3:35 p.m.  Seconded by Dr. Downey, carried. 

The following applications were approved for licensure: 

Ethan Fisher

Denise Jenderzak

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Last Modified - Sunday, March 08, 2009