MEMORANDUM

                DATE:                 May 13, 2004 

                TO:                     Idaho State Board of Chiropractic Physicians 

                FROM:                Bureau of Occupational Licenses 

                SUBJECT:          Complaint Investigation Report 

 

FY 2004: To date, seventeen (17) complaints have been received, all of which are under investigation. 

FY 2003:  Fourteen (14) complaints were received. Of those, seven (7) have been closed, six (6) await Board determination, and one (1) is under legal review for formal action. 

FY 2002: Fifteen (15) complaints were received. Of those, one (1) remains under investigation; and one (1) awaits Board determination.   

 

CHI-P3C-1-2003-12            C alleges sexual exploitation through inappropriate touching by R during an examination. C stated that during an examination R pressed his erection into her buttocks during a stretching exercise. C stated that both were fully clothed, that R was behind C, reached around and pulled C into his erection. C then left the office. Approximately 1 month later C sent a letter advising R of C's considerable offense in his techniques. R responded by way of a letter explaining the exercise as a "hitch hiker stretch". C & R agree that R did not touch any intimate part of C's body, both were fully clothed, the demonstration lasted for approximately 10 seconds and that R fully explained some exercises for C's treatment.
Investigation revealed that both parties described the same positioning of their bodies. However, C's perception of being exploited is hers alone. C did not describe the "touching" by R as being done for the purpose of sexual arousal, gratification, or abuse. C stated that R positioned his body against her for ten (10) seconds and then moved away and began explaining some exercises for her back. R describes the same events. Investigation revealed no evidence to support allegations of sexual exploitation by R.
IBOL recommends the Board authorize an advisory letter and closure.

CHI-P2-3-2003-11            C alleges R advertises as a physical therapist. Investigation revealed that R is an Idaho licensed chiropractor but not licensed as a physical therapist in Idaho. When contacted, R took steps to ensure the removal of the advertising, as exhibited by the fact that the listing no longer appears in the new release.
IBOL recommends Board authorize an advisory letter reminding R that the use of the word Physical Therapy is protected under Board of Medicine Statutes, and closure.

CHI-P2-3-2003-10            C alleges R advertises in the yellow pages as a physical therapist. Investigation revealed that R is an Idaho licensed chiropractor. R admitted that did not know the laws pertaining to the use of the term physical therapy. He reported that he held certificates in physical therapist, but is not licensed as such in Idaho. Review of the 2004 yellow pages revealed R has taken the proper steps to ensure the removal of the ad, as it does not appear in the new release.
IBOL recommends Board authorize an advisory letter reminding R that the use of the word Physical Therapy is protected under Board of Medicine Statutes, and closure.

CHI-P4B-1-2003-9            C alleges that over a 6 year period of R's treatment with a RIFE machine, C has had no relief and was misdiagnosed. C who reported that R had been providing adjustments for the last 6 years prior to filing the complaint. C last saw R in May 2003. C admitted to trading work for R's chiropractic treatments. R advised the investigator that the chiropractic practice was sold in 1997, and that R no longer practices in Idaho. IBOL records confirmed that R's Idaho license expired 05-23-2001. The investigator searched the community and was unable to locate any advertisements or other indication that R was practicing. The investigation did not reveal evidence to support the allegations. A copy of the complaint file was sent to the county prosecutor for review.
IBOL recommends Board authorize an advisory letter and closure.

CHI-P3B-2-2003-5            C alleges R broke C's back in January 2001 during a treatment. Investigation revealed that C had been a patient of R's for several years prior to the incident. R's notes show that C was seen with complaint of lower back pain. R's notes indicate that adjustments were made to the area effected. C returned in 2 days for an additional treatment. C then sought out treatment at Primary Health 11 days later with complaint of low back pain. M.D.'s notes show that C came in with pain, saying that approximately 2 weeks prior, he turned wrong and felt pain while attempting to lift a heavy box. X-rays were taken and revealed a compression fracture of T-12. Investigation revealed that the evidence did not support the allegation, and no violation was revealed.
IBOL recommends Board authorize closure without action.

CHI-L2-4-2003-4            C alleges R has failed to provide proper identification as a chiropractor on R's web site. Investigation revealed evidence to confirm the allegations. R was advised of complaint and immediately ceased publication of the web site. Confirmation that web site is no longer running has been made. 
In light of R's compliance, IBOL recommends the Board authorize closure.

CHI-P3-2-2002-13            C alleges that R failed to take appropriate care of C, resulting in severe spinal problems and subsequent surgery. Investigation revealed that C was initially seen by another chiropractor in 1997, who referred C to an M.D. for further diagnostic tests. It was concluded that C did in fact have degenerative disk problems. C continued with chiropractic care during the year prior to surgery and then switched to R just days before surgery. R was a partner in the same office with the initial provider. M.D.'s notes show C underwent surgery on 12-19-2000 - anterior interbody diskectomy; fusion at C4-5, C5-6 and C6-7; iliac bone grafting; & anterior (Atlantis) cervical plates. C underwent physical therapy, and admitted engaging in activities detrimental to spinal health after surgery. Pro reviewer concluded that R's treatment COULD NOT have caused C's condition or the need for surgery, though it might have exacerbated the condition. Pro-reviewer further concluded no wrong doing on the part of the R, except for minor charting inadequacies. No evidence of violation was revealed.
IBOL recommends Board authorize advisory letter and close.


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Last Modified - March 08, 2009