IDAHO BOARD OF ACUPUNCTURE

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 8/5/2011

 

 

 

BOARD MEMBERS PRESENT:  John Downey - Chair

                                                             Rho Zaragoza

                                                             Charles W. Raymond

                                                             Lauri McKean

                                                             Donessa L. Horsewood

 

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Jean Uranga, Prosecuting Attorney

                                                            Lori Peel, Investigative Unit Manager

                                                            Maurie Ellsworth, Legal Counsel

 

OTHERS PRESENT:                     James Jardine, Applicant

                                   

The meeting was called to order at 1:00 P.M. MDT by John Downey.

 

APPROVAL OF MINUTES

 

The Board reviewed the April 22, 2011 and June 21, 2011 Board meeting minutes. It was moved by Mr. Raymond that the Board approve the April 22, and June 21, 2011 minutes. Seconded by Ms. Horsewood, motion carried.

 

DEFAULT ORDER WITH FINDINGS OF FACT, CONCLUSIONS AND FINAL ORDER

 

Ms. Uranga presented a Default Order with Findings of Fact, Conclusions of Law and Final Order for case ACU-2009-2. It was moved by Mr. Raymond that the Board accept the Default Order with Findings of Fact, Conclusions of Law and Final Order for case ACU-2009-2 and authorize the Chair to sign on behalf of the Board. Seconded by Ms. Horsewood, motion carried.

 

It was moved by Mr. Raymond that the Board confer the authority to the legal counsel to enter Default Orders. Seconded by Ms. Horsewood, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory informed the Board that the Legislature approved an additional investigator position for the Magic Valley area and also an in-house legal counsel. Maurie Ellsworth is the new legal counsel for the Bureau.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report which indicated a balance of $129,082, 17 as of June 30, 2011.

 

CONTRACT ADDENDUM

 

Ms. Cory presented the 2012 Bureau/Board Contract Renewal Addendum showing a budget of $25,000. It was moved by Mr. Raymond to approve the 2012 Bureau/Board Contract Renewal Addendum. Seconded by Ms. Horsewood, motion carried.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the investigative report.

 

For Board Determination:

 

The Board reviewed case I-ACU-2012-I. It was moved by Mr. Raymond that the Board send a warning letter to the respondent and close the case. Seconded by Ms. Horsewood, motion carried.

 

DRAFT RULES

 

Ms. Cory informed the Board that Larry Benton and Kris Ellis confirmed that the Acpuncture Association does not have any concerns with the draft rules. There will be a comment period after the rules are published. It was moved by Mr. Raymond that the Board direct the Bureau to submit the rules for publication. Seconded by Ms. Horsewood, motion carried.

 

NEW APPLICATION

 

The Board reviewed the new trainee permit application. It was moved by Mr. Raymond to approve the trainee permit application with the changes that were discussed. Seconded by Mr. Zaragoza, motion carried.

 

The Board reviewed the updated license and certification application. It was moved by Mr. Raymond to approve the updated license and certification application with the changes discussed. Seconded by Mr. Zaragoza, motion carried.

 

EXECUTIVE SESSION

 

A motion was made by Mr. Raymond that the Board go into 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.  It was seconded by Ms. Horsewood. The vote was: Mr. Zaragoza, aye; Ms. Horsewood, aye; Mr. Raymond, aye; Ms. McKean, aye; and Dr. Downey, aye. Motion carried.

 

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. Horsewood, aye; Mr. Raymond, aye; Ms. McKean, aye; Mr. Zaragoza, aye; and Mr. Downey, aye.

 

APPLICATION

  

It was moved by Mr. Zaragoza that the Board table application 901031346 and request that a new supervision plan be submitted for Board review. The supervision plan must include 110 hours and 13 case studies directly supervised by a licensed or certified acupuncturist. Inserting needles must be incorporated into the supervised practice. Seconded by Mr. Raymond, motion carried.

 

CORRESPONDENCE

 

The Board reviewed a letter from Martin Flannes asking whether acupuncture services fall within the definition of ”professional services” in the Idaho Uniform Limited Liability Company Act. It was moved by Mr. Raymond to send a letter to Mr. Flannes explaining that the Board does not provide legal advice. Seconded by Ms. Horsewood, motion carried.

 

The Board reviewed a letter from the Maryland Acupuncture Society regarding “dry needling” that included four questions for the Board to answer. The Board directed the Bureau to reply as discussed.

 

NEXT MEETING

 

The Board scheduled its next meeting for Friday October 14, 2011 at 1:00 P.M. MDT.

 

EXECUTIVE SESSION

 

A motion was made by Mr. Raymond that the Board go into 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.  It was seconded by Mr. Zaragoza. The vote was: Mr. Zaragoza, aye; Ms. Horsewood, aye; Mr. Raymond, aye; Ms. McKean, aye; and Dr. Downey, aye. Motion carried.

 

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

 

APPLICATIONS AND CONTINUING EDUCATION AUDITS

 

It was moved by Mr. Raymond that the Board approve the following applicants for licensure.

 

Heather Bergstrom - licensure

901117636 – licensure pending original license fee

Margaret Jordan Parker - licensure

Noah Edvalson - certification

Jason Welker - certification

 

Seconded by Mr. Zaragoza, motion carried.

 

The Board reviewed continuing education audits.

 

ADJOURNMENT

 

It was moved by Ms. Horsewood that the meeting adjourn at 4:20 PM MDT. Seconded by Mr. Zaragoza, motion carried.

_________________________________      _________________________________

John Downey, Chair                                       Rho Zaragoza

_________________________________      _________________________________

Charles W. Raymond                                      Lauri McKean

_________________________________      _________________________________

Donessa L. Horsewood                                  Tana Cory, Bureau Chief