Boise, Idaho 83702-5642
Minutes of October 14, 2005
John Downey, Board Member
Jean Kuty, Board Member
Rosemary Yocum, Board Member
Donessa Horsewood, Board Member
Budd Hetrick, Deputy Bureau Chief
Bill Shafer, Deputy Bureau Chief
OTHER’S PRESENT: Richard Powell, Applicant
Monique Larsen, Applicant
The meeting was called to order at 9:30 a.m. by Chair, Therese Hahn.
The Board reviewed the June 17, 2005 minutes. Corrections were made. Moved by Ms. Kuty to accept the minutes as corrected. Seconded by Dr. Downey, motion carried.
The Board reviewed the August 2, 2005 minutes. Moved by Ms. Yocum to approve the minutes. Seconded by Ms. Kuty, motion carried.
Ms. Jacobsen introduced new bureau staff and informed the Board they were observing their board meeting for training.
Ms. Jacobsen reviewed the proposed law changes and informed the Board they are now posted on the web. The Bureau will be meeting with the Board of Nursing and others regarding the changes prior to the legislative session. Ms. Jacobsen explained the legislative process and time frames involved. If any problems arise the Board will be informed.
Ms. Jacobsen updated the Board on changes in the office and staff.
Mr. Hetrick presented the financial report which indicates a cash balance of $67,484.55. The cash balance has grown and the Board has the option of lowering fees. This will be considered for the 2007 legislative session.
Mr. Hetrick presented the investigative report which indicates no complaints have been received for fiscal year 2006. Four were received for fiscal year 2005 and are under review.
Mr. Hetrick explained the complaint process from when a complaint arrives at the Bureau. The complaint is reviewed and assigned to an investigator. After the investigation is completed the case is either given to the Board for a recommendation of closure or sent to the Attorney General’s office for review. If there is disciplinary action taken it is posted on the web page.
The Board discussed possible ways of reviewing applications on a timely base. It was noted that applicant files can be sent to the board members on a disk for review and a conference call meeting can be scheduled. Moved by Ms. Yocum that the Board schedule on a monthly basis a conference call meeting in order to discuss and review applicant files. If there are no applications to be reviewed the meeting will be cancelled. Seconded by Ms. Kuty, motion carried.
Discussion was held regarding recognition of continuing education courses that are approved by other state licensing boards for a certain amount of hours. The Board decided to continue reviewing continuing education courses as they have in the past observing Rule 305 and on a case by case basis.
Board took a 5 minute recess.
Mr. Hetrick presented the Bureau/Board Renewal Addendum of Agreement Contract for fiscal year 2006. Moved by Mr. Downey to accept the contact and authorize the Board Chair to sign on behalf of the Board. Seconded by Ms. Horsewood, motion carried.
The Board discussed the proper use of “Doctor” title. It was noted that the practice of acupuncture is the practice of oriental medicine only and it is not appropriate to advertise as doctors and mislead the public. Licensed Acupuncturists should not use the title “Doctor” unless they hold an additional degree in medicine. To use the “Doctor” title is contrary to the Board of Acupuncture’s authority. The Bureau will do a legal review on the use of “Doctor” title and bring the report to the next Board meeting.
The Board received a letter from Jack Long requesting a 6-month extension of the continuing education requirements based upon health issues. Moved by Dr. Downey to grant the 6-month extension of continuing education requirements for Jack Long upon receipt of a letter from his doctor. Seconded by Ms. Kuty, motion carried.
Moved by Ms. Yocum to enter executive session to discuss applicant files not subject to public disclosure. Seconded by Ms. Kuty, motion carried.
Moved by Ms. Yocum to leave executive session. Seconded by Mr. Kuty, motion carried.
Moved by Ms. Yocum to delay the final decision for applicant ACUA-186 until the Board can speak to legal counsel. Seconded by Ms. Kuty, motion carried. After further discussion the applicant was informed that the Board would give a final decision within 10 business days and also address concerns on possible refund of fees.
Moved by Dr. Downey to enter executive session to discuss applicant file exempt from public disclosure. Seconded by Ms. Horsewood, motion carried.
Moved by Ms. Yocum to leave executive session. Seconded by Ms. Horsewood, motion carried.
The Board broke for lunch at 12:50 p.m.
Meeting was called by back to order by Chair at 2:20 p.m.
The Board has requested a copy of a letter that Mr. Hales, administrative attorney was to write on behalf of the Board regarding an acupuncture educational program taught by Dr. Hicks. Ms. Jacobsen read Mr. Hales’s response regarding this issue which stated that he had not written the letter because Dr. Hicks would not allow the material to be copied. Dr. Hicks then retrieved his material from the Bureau and this was viewed as his withdrawing his request for approval and no letter was written.
NEXT BOARD MEETINGS
The Board scheduled two conference call meetings for November 29th and December 27, 2005 at 9:00 a.m. to review applications. A disk with applicant information will be sent out to board members a week prior to the meeting for review. The next Board meeting is scheduled for February 17, 2006 at 9:30 a.m.
The Board reviewed a continuing education course from Tifney Stewart for sixteen hours. The Board approved the course and asked the Bureau to inform Ms. Stewart and add this course to the approved list of courses.
Moved by Ms. Horsewood that the Board take a role call vote on the certification for applicant ACUA-186. Seconded by Ms. Kuty. Moved by Ms. Kuty to amend the motion to read those in favor of approving applicant for certification based upon current laws and rules. Motion was on the floor and received discussion. Seconded by Dr. Downey, motions carried. Ms. Hahn, chair called the roll vote: Ms. Kuty voted yes; Dr. Downey voted yes; Ms. Horsewood voted no; Ms. Yocum voted no and Ms. Hahn voted yes. Applicant was approved for certification.
Ms. Jacobsen passed out Contractor brochures for the Board to hand out to help spread the information regarding the deadline for Contractor Registration. Ms. Jacobsen informed the Board that three of the new boards are meeting and issuing licenses. The Naturopathic Board members have not been appointed by the Governor at this time.
Moved by Ms. Yocum to enter executive session to review applicant files exempt from public disclosure. Seconded by Ms. Horsewood, motion carried.
Moved by Ms. Kuty to leave executive session. Seconded by Ms. Yocum, motion carried.
The Board approved licenses to the following:
Dana Henry (upon receipt of NCCOAM certificate)
Joseph Siuda (upon receipt of verification of Texas license in good standing)
The Board approved Certification for Richard Powell.
Ms. Kuty presented Ms. Hahn a beautiful pink scarf on behalf of the Board.
The Board discussed concerns regarding Licensed Chiropractors who also hold an Acupuncture Certification and meeting the requirements for continuing education. It was noted that sometimes one set of continuing education is used for both their chiropractor license and acupuncture certification and it does not always met the requirements as addressed in the rules. Ms. Horsewood moved that the Board send a letter to all Acupuncturists who hold the Certification expressing concern and stating that continuing education must be accepted by NCCAOM, offered by accredited schools of acupuncture and oriental medicine, or otherwise approved by the Board. Seconded by Ms. Horsewood, motion carried.
Moved by Ms. Kuty to adjourn meeting at 4:15 p.m. Seconded by Ms. Horsewood, motion carried.