IDAHO BOARD OF ACUPUNCTURE

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 1/23/2009

 

 

 

BOARD MEMBERS PRESENT: John Downey - Chair

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Rho Zaragoza

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Charles W. Raymond

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Donessa L. Horsewood

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Naomi L.Brownson

 

BUREAU STAFF: ††††††††††††††††††††††††† Budd Hetrick, Deputy Bureau Chief

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Karl Klein, Deputy Attorney General

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Roger Hales, Administrative Attorney

                        †††††††††††

Meeting was called to order at 10:10 AM MST by John Downey.

 

APPROVAL OF MINUTES

 

The Board reviewed the October 17, 2008 Board meeting minutes. Moved by Mr. Zaragoza to approve the October 17, 2008 minutes. Seconded by Mr. Raymond, motion carried.

 

LEGISLATIVE REPORT

 

Mr. Hetrick reported that the Governor has asked that reductions be made in state General Fund budgets. The Bureau is not subject to the holdback, but did come in under budget last year and watches its expenditures closely.

 

FINANCIAL REPORT

 

Mr. Hetrick presented the financial report which indicates a balance of $108,690.57 as of December 31, 2008. The Board is in good shape financially and the Bureau will continue to monitor the balance.

 

RECOMMENDED ACTION ON DISCIPLINARY

 

Mr. Klein presented case ACU-2009-4 for recommended action. After discussion the Board accepted the Attorney Generalís recommendations.

 

Mr. Hetrick discussed with the Board a recommendation to produce a standard stipulation and consent order for continuing education audits that the Board sends to the investigative unit. Each one will require a $250 fine plus a $100 recovery of investigative costs. Moved by Mr. Raymond that the Board approve the Bureau to produce a standard stipulation and consent order for all future continuing education audits that are disciplined, requiring a $250 fine plus a $100 fee for recovery of investigative costs. Seconded by Ms. Horsewood, motion carried.

 

Moved by Mr. Zaragoza that the Board include a 30-day suspension of licensure with the $250 fine and $100 recovery of costs for investigation for case ACU-2009-4. There was no second, motion died.

 

Moved by Mr. Zaragoza that the Board include a 14-day suspension of licensure with the $250 fine and $100 recovery of costs for investigation for case ACU-2009-4. There was no second, motion died.

 

Moved by Mr. Zaragoza that the Board include a 7-day suspension of licensure with the $250 fine and $100 recovery of costs for investigation for case ACU-2009-4. There was no second, motion died.

 

INVESTIGATIVE REPORT

 

Mr. Hetrick presented the investigative report:

 

Fiscal Year 2009 (to date)

            Total Complaints received                                                                      12

                        (Including 10 CE audit files.)

            Status:

                        Pending Office of the Attorney General                                         1

                        Pending IBOL disciplinary action                                                   7

                        Remaining under investigation                                                       2

                        Pending Internal Processing                                                          2

 

 

Fiscal Year 2007

            Total Complaints received                                                                         3

                        (Including 1 CE audit file.)

            Status:

                        Closed by Board action                                                                 1

                        Closed following disciplinary action                                               1

                        Awaiting Board determination                                                        1

 

 

For Board Determination:

 

I-ACU-2007-1                      C alleges that R administered ACU treatment on C using ACU needles and later performed cupping leaving C black and blue all over. R left C unattended for 45 minutes during the cupping session and after appointment C felt aches from the treatment received. INV revealed that it is normal for the skin to be discolored from the cupping procedure and that R denied any 45 minute cupping treatments. R provided information about the procedure and documented education received in Oriental Therapy. INV did not revealed evidence to support the allegations or a violation. IBOL recommends the Board authorize closure. Moved by Mr. Raymond to accept the recommendation and authorize closure. Seconded by Ms. Brownson, motion carried.

 

OLD BUSINESS

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Ms. Brownson reported to the Board her research on NeuroCranial Restructuring. She reviewed the website and a video and determined that NCR did not have anything to do with Chinese medicine. Moved by Mr. Raymond that the Board direct Ms. Brownson to complete the questions addressed in NCRís letter informing them that NCR treatment is not within the scope of practice for licensed acupuncturists.Seconded by Ms. Horsewood, motion carried.

 

NEW BUSINESS

 

The Board reviewed the renewal form and continuing education audit form. Moved by Ms. Brownson that the Bureau add a statement on the renewal form that states there is a 100 percent audit of licenses each renewal year. Seconded by Mr. Raymond.

 

Moved by Ms. Brownson to amend the motion and add a statement on the continuing education audit form that there is a 100 percent audit of licenses each renewal year. Seconded by Mr. Raymond, amended motion and motion carried.

 

The Board reviewed a letter requesting information on technician rules that require a passing grade on a board approved examination leading to an acupuncture technician certificate. Moved by Mr. Raymond that the John Amaro exam is one of the acceptable exams meeting the exam requirements. Seconded by Ms. Brownson, motion carried.

 

The Board reviewed correspondence from DCA-1347 requesting approval of the final exam taken from a 100 hours course from Dr. Larry Beam in Kansas City as meeting the exam requirements for a technician certificate. Moved by Mr. Raymond that the Board request more information on the structure of the program and exam. Seconded by Ms. Brownson, motion carried.

 

WALL CERTIFICATES

 

The Board discussed and reviewed wall certificates printed from the Bureauís system. Moved by Mr. Raymond that the Board begin using these wall certificates for all future licensed acupuncturists. Seconded by Mr. Zaragoza, motion carried.

 

EXECUTIVE SESSION

 

Moved by Ms. Brownson that the Board enter executive session to review applications and continuing education audits exempt from public disclosure per Idaho Code 67-2345(1)(d). Seconded by Mr. Raymond, motion carried. Individual votes for this motion were: Mr. Raymond, aye; Mr. Zaragoza, aye; Ms. Brownson, aye; Ms. Horsewood, aye; and Mr. Downey, aye.

 

Moved by Mr. Raymond that the Board enter regular session. Seconded by Ms. Brownson, motion carried. Individual votes for this motion were: Mr. Raymond, aye; Mr. Zaragoza, aye; Ms. Brownson, aye; Ms. Horsewood, aye; and Mr. Downey, aye.

 

APPLICATIONS

Moved by Mr. Raymond that the Board approve Kimberly Thompson and Gretchen Huettig for licensure. Seconded by Mr. Zaragoza, motion carried.

 

CE AUDITS

 

The Board reviewed and accepted continuing education audits with the exception of two which it is requesting additional information on.

 

The Board reviewed the continuing education Rule 305.05 regarding special exemptions. Moved by Mr. Raymond that the Board direct the Bureau to only accept the continuing education waiver requests that are submitted prior to the renewal of their license. Seconded by Ms. Brownson, motion carried.

 

NEXT MEETING

 

The Board scheduled the next meeting for May 8, 2009 at 10:00 a.m.

 

ADJOURNMENT

 

Moved by Ms. Horsewood to adjourn the meeting at 12:35 p.m. MST. Seconded by Mr. Raymond, motion carried.

_________________________________††††† _________________________________

John Downey, Chair†††††††††††††††††††††††††††††††††††††††† Rho Zaragoza

_________________________________††††† _________________________________

Charles W. Raymond†††††††††††††††††††††††††††††††††††††† Donessa L. Horsewood

_________________________________††††† _________________________________

Naomi L.Brownson††††††††††††††††††††††††††††††††††††††† Tana Cory, Bureau Chief