MEMORANDUM

                DATE:                May 31, 2006 

                TO:                      Idaho State Board of Chiropractic Physicians 

                FROM:                Bureau of Occupational Licenses 

                SUBJECT:         Complaint Investigation Report 

 

FY2006: To date, eleven (11) complaints have been received. Of those, two (2) have been closed; one (1) has been referred for legal review; six (6) remain under investigation; and two (2) await Board determination.

FY 2005: Seventeen (17) complaints were received. Of those, five (5) have been closed; ten (10) remain under investigation; and two (2) await Board determination.

FY 2004: Twenty-two (22) complaints were received. Of those,  ten (10) have been closed;  six (6) were referred for legal review;  three (3) remain under investigation or pro-review; and three (3) await Board determination.   

For Board Determination:

CHI-P3C-1-2004-1                C alleged that R used inappropriate technique by placing C's knee into R's crotch during several treatments, then twisting C's back. C admits to not confronting R or filing a complaint because C was convinced that R would deny actions. C stated that papers were received from a collection agency approximately a year later from R for outstanding bills. INV revealed that C's statements in the complaint do not match statements in a police report regarding the incident. INV also revealed that the police complaint was dismissed as unfounded. R maintained that all procedures were appropriate and that C's complaint appears to be an attempt to seek relief from paying for treatment. C's patient records appeared complete and appropriate. C did not respond to follow up requests for information. No evidence was revealed to support the allegation or a violation. IBOL recommends the Board authorize closure.

CHI-P3B-2-2004-4                C alleged R broke C's ribs during treatment. C reports that a second opinion was obtained from another chiropractor, but no documentation was available. INV revealed that R denied the allegations and provided all files for review. Files confirm C was involved in an auto accident and sustained injury consistent with C's complaint. INV revealed that C had seen another Dr. but had refused to follow recommendations for x-rays or other timely evaluation. No evidence was revealed to support the allegation or a violation of law or rule. IBOL recommends the Board authorize closure.

CHI-B1-4-2004-5                    R submitted application for renewal of license, which had been canceled three months previous to the application. Board requested further investigation to determine if R was practicing without licensure during the time frames involved. INV revealed that R is employed full-time as other than a chiropractor. R denied practice since the license was cancelled. INV did not reveal evidence of practice without a current license. IBOL recommends the Board authorize closure.

CHI-P3-2-2005-5                    C alleged R was not competent; failed to review previous treatment history; failed to perform appropriate examinations before treatment; practiced outside area of competence & scope of practice; failed to inform C of possible risks or complications; failed to refer; ignored 2nd opinion. C also asked for refund and was referred to Peer Review process. INV revealed that R denied all allegations and a review of patient files and statements of all parties was conducted. INV concluded that C filed the complaint in an attempt to be released from a financial obligation to R. INV did not reveal evidence to support allegations or a violation. IBOL recommends Board authorize closure.

CHI-P2B-2-2005-17                C alleges that patients were told by R that the office would bill Medicare and bypass other insurance. INV revealed that C was a 3rd party in this matter. When the client was contacted, they refused to provide any information regarding the allegations and asked that the matter not be pursued. Due to the client's refusal to cooperate, IBOL recommends the Board authorize closure.

CHI-P5A-2-2006-6                    C alleged the R would not release client medical records after receiving approval from a patient, and that R is offering legal advice to delay a current investigation with a insurance carrier. C indicates that R's patient has now revoked the release and will not cooperate with C's investigation. INV review concluded that, while there may be an ethical violation in C's state of residence, failure to provide records to an insurance company does not appear to be a violation of Idaho law or rule. C did not allege other possible violations. IBOL recommends the Board authorize closure.

CHI-P5-2-2006-8                        C alleged that R was unethical by not informing C of a fee increase. C also believes that R violated C's privacy. INV revealed that R originally made house calls to C, and that office visit charges were increased to reflect differences between office visits and home visits. INV also revealed that R acted in accordance with C's instructions regarding the hand delivery of insurance forms to C's residence. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.


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Last Modified - March 08, 2009