IDAHO BOARD OF ACUPUNCTURE

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 1/21/2011

 

BOARD MEMBERS PRESENT: John Downey - Chair

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

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

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Lauri McKean

 

BUREAU STAFF: ††††††††††††††††††††††††† Tana Cory, Bureau Chief

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Dawn Hall, Administrative Support Manager

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Lori Peel, Investigative Unit Manager

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Karl Klein, Administrative Attorney

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Jean Uranga, Prosecutor

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Marilyn London, Technical Records Specialist I

 

OTHERS PRESENT:†††††††††††††††††††† Sara Rogers

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Janice Pasqualin

                            †††††††

The meeting was called to order at 1:00 PM MST by John Downey.

 

NEW BOARD MEMBER

 

The Board and Bureau welcomed Lauri McKean.

 

APPROVAL OF MINUTES

 

The Board reviewed the October 15 and November 17, 2010 Board meeting minutes. It was moved by Mr. Raymond to approve the October 15 and November 17, 2010 minutes. Seconded by Ms. Horsewood, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory reported that the proposed law is posted on the Boardís website. Mr. Hales will be presenting the bill and Board members will be notified when it is presented.

 

Mr. Klein informed the Board of a ďHealth Care Professional Transparency ActĒ that affects anyone in the health care industry and requires the practitioner to disclose licensure information in their advertising and on their name badges. The Bill also includes expanding the disciplinary authority.

 

RECOMMENDED ACTION ON DISCIPLINARY COMPLAINTS

 

Ms. Uranga presented case ACU-2010-2 for Board review. After discussion, the Board presented its recommendation.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report which indicated a balance of $131.245.44 as of December 31, 2010.

 

EXECUTIVE SESSION

 

It was moved by Mr. Raymond that the Board enter executive session, under Idaho 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 Mr. Zaragoza, motion carried. Individual votes for this motion were: Ms. McKean, aye; Ms. Horsewood, aye; Mr. Raymond, aye; Mr. Zaragoza, aye; and Mr. Downey, aye.

 

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

 

APPLICATION

 

It was moved by Mr. Raymond to approve the Technician Certification for Sara Rodgers. Seconded by Ms. McKean, motion carried.

 

ACUPUNCTURE EDUCATION

 

Ms. Pasqualin presented the Board information on her educational background and asked if it would meet the requirements for acupuncture licensure. The Board directed her to the laws and rules.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the investigative report.

 

For Board Determination:

 

I-ACU-2010-2C alleged R caused pain during treatment and overbilled C.Investigation revealed that C presented to R following an automobile accident.C claimed that R caused excessive pain during the initial examination and by using acupuncture with electrical stimulation.C also claimed that Rís $454 bill for the evaluation and treatment was excessive.After reviewing Rís records for C, the pro reviewer found that Rís history and examination, including neurological and orthopedic examinations, were appropriate.The pro reviewer stated that the chart notes include Rís awareness of possible secondary gains, psychogenic pain and possible emotional overlay.The pro reviewer stated that while Rís examination and treatment may have caused discomfort, to correctly perform some of the neurological and orthopedic tests which were documented, a practitioner would need to move the head in various positions relative to the neck and body.The pro reviewer stated that R used treatment generally found to be effective in similar cases, that R operated within the scope of practice and training, kept accurate records, and billed appropriately.The pro reviewer did find that the discussion of professional fees could have been clearer.Based on the pro reviewerís opinion, IBOL recommends that the Board authorize closure. It was moved by Mr. Raymond that the Board authorize closure and send a letter to respondent stating they need to be more transparent in their fees. Seconded by Mr. Zaragoza, motion carried.

 

I-ACU-2011-4In response to an audit request, R submitted documentation showing that he completed 15 hours four days after the audit period but before his birthday.†† IBOL recommends the Board authorize closure with a warning letter to R advising R that he must obtain the 15 hours of CE prior to renewal, not just prior to the expiration date of his license (his birthday). It was moved by Mr. Raymond that the Board accepts the recommendation. Seconded by Mr. Zaragoza, motion carried.

 

I-ACU-2011-5In response to an audit request, R submitted documentation showing that she completed 5 hours during the audit period and 10 hours two days after the audit period but before her birthday.R also submitted a letter stating that she thought she had until her birthday to complete her CE requirements.IBOL recommends that the Board authorize closure with a warning letter to R informing R that she must obtain her required CE before she renews each year. It was moved by Mr. Raymond to authorize closure. Seconded by Ms. Horsewood, motion carried.

 

I-ACU-2011-6In response to an audit request, R submitted documentation showing that she completed 15 hours outside of the audit period.R subsequently provided documentation verifying completion of 15 hours during the audit period.IBOL recommends that the Board authorize closure. It was moved by Mr. Raymond to authorize closure. Seconded by Ms. McKean, motion carried.

 

 

I-ACU-2011-7In response to an audit request, R submitted documentation showing that he obtained 15 hours 3 days after renewal but one month before his birthday.IBOL recommends the Board authorize closure with a warning letter to R advising R that he must obtain the 15 hours of CE prior to renewal, not just prior to the expiration date of his license (his birthday). It was moved by Mr. Raymond that the Board accepts the recommendation. Seconded by Mr. Zaragoza, motion carried.

 

I-ACU-2011-9, I-ACU-2011-11, I-ACU-2011-12, I-ACU-2011-13Rs initially failed to respond to CE audit requests, but subsequently provided documentation verifying completion of 15 hours of CE during the audit periods.IBOL recommends that the Board authorize closure. It was moved by Mr. Raymond that the Board authorizes closure. Seconded by Mr. Zaragoza, motion carried.

 

REPORTING TO DATA BANKS

 

Ms. Peel presented information for the Board to review on reporting continuing education discipline to the National Practitioner Data Bank. The Board must determine if the discipline is related to health care or is administrative. It was moved by Mr. Raymond that the Board not report continuing education discipline to the Data Bank. Seconded by Ms. McKean, motion carried.

 

CONTINUING EDUCATION AUDITS

 

The Board discussed the continuing education and license renewal process. It would like to clarify the process for new licensees to make them aware that the continuing education must be completed when they renew, even if it is prior to their birthday. Ms. Cory suggested that language be included in the original license letter to make it clear.

 

UNLICENSED PRACTICE

 

The Board discussed unlicensed practice. The Contractors law has jurisdiction over unlicensed practice. The Acupuncture law does not have jurisdiction over unlicensed practice. Mr. Klein explained that when a complaint is received regarding unlicensed practice, that a cease and desist letter is sent to the individual and it is also sent to the County Prosecutor. This has been an effective way to deal with unlicensed practice and is less expensive.

 

SCOPE OF PRACTICE

 

The Board reviewed a scope of practice questionnaire from the American Specialty Health. The Board directed that a copy of the Boards laws and rules be sent for their review.

 

EXECUTIVE SESSION

It was moved by Mr. Raymond that the Board enter executive session, under Idaho 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. McKean, motion carried. Individual votes for this motion were: Ms. McKean, aye; Ms. Horsewood, aye; Mr. Raymond, aye; Mr. Zaragoza, aye; and Mr. Downey, aye.

 

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

 

APPLICATIONS

 

It was moved by Mr. Raymond to approve Jonathan Faix for licensure. Seconded by Ms. McKean, motion carried.

 

It was moved by Mr. Raymond to not approve the certification application for 901113949 because it does not meet the certification requirements and suggest that the applicant apply for technician certification. Seconded by Mr. Zaragoza, motion carried.

 

CONTINUING EDUCATION AUDITS

 

The Board reviewed continuing education audits.

 

NEXT MEETING

 

It was moved by Mr. Raymond that the Board schedule its next meeting for April 22, 2011 at 1:00 PM MDT. Seconded by Ms. McKean, motion carried.

 

ADJOURNMENT

 

It was moved by Mr. Raymond that the meeting adjourn at 4:15 PM MST. Seconded by Ms. McKean, motion carried.

_________________________________††††† _________________________________

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

_________________________________††††† _________________________________

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

_________________________________††††† _________________________________

Lauri McKean††††††††††††††††††††††††††††††††††††††††††††††††† Tana Cory, Bureau Chief