IDAHO BOARD OF ACUPUNCTURE

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 1/15/2010

 

BOARD MEMBERS PRESENT:  John Downey - Chair

                                                             Rho Zaragoza

                                                             Charles W. Raymond

                                                             Naomi L.  Brownson

 

 

BOARD MEMBERS ABSENT:    Donessa L. Horsewood

                                                           

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Roger Hales, Administrative Attorney

                                                            Lori Peel, Investigative Unit Manager

                                                            Karl Klein, Administrative Attorney

 

                                   

The meeting was called to order at 10:00 AM MST by John Downey.

 

 

APPROVAL OF MINUTES

 

The Board reviewed the October 9th and November 19, 2009 Board meeting minutes. It was moved by Mr. Raymond to approve the October 9th and November 19, 2009 minutes. Seconded by Ms. Brownson, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory reported that the proposed rules will to before the House sub-committee on January 18, 2009 and the Senate on January 25, 2009. Any Board member may attend these meetings.

 

OLD BUSINESS

 

The Board reviewed a letter from Dr. Laurence Hicks dated January 11, 2010.

 

EXECUTIVE SESSION

 

It was moved by Ms. Brownson that the Board go into executive session under Idaho Code 67-2345(f) to communicate with legal counsel. Seconded by Mr. Raymond, motion carried. Individual votes for this motion were: Mr. Zaragoza, aye; Ms. Brownson, aye; Mr. Raymond, aye; and Mr. Downey, aye.

 

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

 

It was moved by Ms. Brownson that the Board deny the College of Naturopathic Medicine and Surgery’s acupuncture program based upon the instructors not being credentialed as a qualified educators of acupuncture. Ms. Brownson amended the motion to direct legal counsel to prepare a letter to the College of Naturopathic Medicine and Surgery. Seconded by Mr. Raymond, motion carried.

 

EXECUTIVE SESSION

 

It was moved by Mr. Raymond that the Board go into executive session under Code 67-2345(1)(d) to consider records that are exempt from disclosure under the Idaho Public Records Law. The purpose of the Executive Session was to consider license application materials. Seconded by Ms. Brownson, motion carried.  Individual votes for this motion were: Mr. Zaragoza, aye; Ms. Brownson, aye; Mr. Raymond, aye; and Mr. Downey, aye.

 

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

 

PETITION OF RE-CONSIDERATION FOR APPLICATION

 

Mr. Klein affirmed Becky Wiss under oath to tell the truth.

 

The Board addressed questions to Ms. Wiss regarding her practice of acupuncture without a current acupuncture license. Ms. Wiss stated that she takes responsibility for her actions. She asked the Board to grant her an acupuncture license and she is willing to accept fines and discipline. Mr. Klein informed Ms. Wiss that there is an investigation regarding her unlicensed practice and it is separate to the decision that the Board makes on your license today. Ms. Wiss was told that the Board will notify her in writing regarding their decision.

 

BREAK

 

The Board took a short break.

 

Mr. Klein discussed options with the Board regarding Ms. Wiss petition of re-consideration for licensure. It was moved by Mr. Raymond that the Board grant Ms. Wiss an acupuncture license and send a letter reminding her of the ongoing investigation into her conduct.  Licenses expire and must be renewed annually, and that a person may not practice on an expired license. Further, it is your responsibility to be familiar with the Board’s laws and rules and to comply with them. Seconded by Mr. Zaragoza, motion carried. Ms. Brownson abstained.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report which indicated a balance of $126,010.10 as of December 30, 2009.

 

CONTINUING EDUCATION SETTLEMENT ORDER

 

Ms. Peel presented a Continuing Education Settlement Order for Shelagh Shannon Foley. It was moved by Ms. Brownson that the Board approve the Continuing Education Settlement Order for Shelagh Shannon Foley and authorize the Chair to sign on behalf of the Board. Seconded by Mr. Raymond, motion carried.

 

$$INVESTIGATIVEREPORT$$

 

Ms. Peel presented the investigative report.

 

For Board Determination:

 

I-ACU-2010-1  In response to a CE audit request, R submitted documentation showing that R was 3 hours short of the 15-hour requirement.  R subsequently submitted additional documentation verifying adequate carry-over hours to the audit period.  IBOL recommends the Board authorize closure.  It was moved by Mr. Raymond that the Board authorize closure. Seconded by Ms. Brownson, motion carried.

 

I-ACU-2010-3           C alleged R is advertising as a certified acupuncturist when R’s

license is expired; specifically, R’s instructor credentials on a website included “Certified Acupuncturist.” INV revealed R was licensed as an osteopathic physician and surgeon in 1997, and was a certified acupuncturist from 1999 to 2005.  The investigator was unable to access the website in question, and it appears to have been taken down.  R informed the investigator that, although he continues to practice acupuncture under his medical license, he has not held himself out as an active certified acupuncturist since his certification expired.  R stated that the website was not his personal website, he did not have any control over it, and he has been informed by the webmaster that the website has now been dismantled.   IBOL recommends that the Board authorize closure.  However, IBOL would like to note to the Board that  I.C. 54-4703(1) provides that the Acupuncture Act “shall not apply” to persons licensed under the Physicians & Surgeons Act (such as R in this case), but  I.C. 54-4703(2) states that no person shall use any title which indicates to the public that such person has been licensed or certified unless the person has been issued such licensure or certification and is in good standing with the Board.  In other words, I.C. 54-4703(1) and (2), read together, imply that persons licensed under the Physicians & Surgeons Act are exempt from the entire Acupuncture Act and may advertise that they are licensed or certified by the Board. It was moved by Mr. Raymond that the Board authorize closure. Seconded by Ms. Brownson, motion carried.

 

APPLICATION FORMS

 

The Board reviewed the Technician Supervisor Application. It was moved by Ms. Brownson to approve the Technician Supervisor Application. Seconded by Mr. Raymond, motion carried.

 

The Board reviewed the Acupuncture Licensure Application for possible changes. It was moved by Mr. Raymond that the Board update the Acupuncture Licensure Application by removing question number 11 regarding fellowship in the International Academy of Medical Acupuncture or similar entity. Seconded by Ms. Brownson, motion carried.

 

LAWS AND RULES CHANGES

 

Mr. Raymond reported that he and Ms. Brownson met with Mr. Klein and reviewed the laws and rules. They will continue to meet and bring a proposal to a Board meeting prior to August 2010.

 

EXECUTIVE SESSION

 

It was moved by Mr. Raymond that the Board go into executive session under Code 67-2345(1)(d) to consider records that are exempt from disclosure under the Idaho Public Records Law. The purpose of the Executive Session was to consider license application materials. Seconded by Ms. Brownson, motion carried.  Individual votes for this motion were: Mr. Zaragoza, aye; Ms. Brownson, aye; Mr. Raymond, aye; and Mr. Downey, aye.

 

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

 

APPLICATIONS

 

It was moved by Mr. Raymond that the Board deny the technician application of Geoffrey Hicks based upon Rule 200.03.b. Seconded by Ms. Brownson, motion carried.

 

Ms. Brownson moved to issue licenses to the following: Daniel Farley, Stacey Kelsey, and Emmajean Rombach. Seconded by Mr. Raymond, motion carried.

 

CONTINUING EDUCATION AUDIT

   

The Board reviewed continuing education audits.

 

NEXT MEETING

 

The Board scheduled their next meeting for April 23, 2010 at 10:00 AM MST.

 

NATIONAL MEETING

 

It was moved by Ms. Brownson that the Board approve a Board member to attend the FAOMRA meeting on April 9, 2010 pending information from Therese Hahn regarding the FAOMRA meeting and authorize expenses paid according to State regulations. Motion was amended by Mr. Raymond to approve Ms. Brownson to attend the meeting. Seconded by Mr. Raymond, motion carried.

 

ADJOURNMENT

 

It was moved by Mr. Raymond that the meeting adjourns at 1:55PM

MST. It was seconded by Ms. Brownson, motion carried.

 

 

 

_________________________________      _________________________________

John Downey, Chair                                         Rho Zaragoza

_________________________________      _________________________________

Charles W. Raymond                                       Donessa L. Horsewood

_________________________________      _________________________________

Naomi L.  Brownson                                        Tana Cory, Bureau Chief