Idaho State Board of Chiropractic Physicians
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, Idaho 83702-5642
(208) 334-3233

Meeting Minutes of March 19, 2002

  

Roll Call:                      Dr. Dennis Harper, Chair

                                    Dr. Patrick Mayo

                                    Dr. Zane Sterling

                                    Dr. James Hollingsworth

                                    Sandra Averill

 

Others present:            Rayola Jacobsen, Bureau Chief

John Kersey, Chief Investigator

                        Budd Hetrick, Deputy Bureau Chief

                        Roger Hales, Administrative Attorney

                        Kirsten Wallace & David Lloyd, Prosecuting Attorney

                        Cherie Simpson, Secretary

 

Guests present:  Attorneys Bill Lee and Jeff Strother, and Dr. Michael Henze. 

Minutes from December 12, 2001 board meeting were reviewed.  Moved by Dr. Mayo that minutes be approved as written.  Seconded by Dr. Sterling, carried. 

Ms. Jacobsen updated the board of the legislative actions.  She stated that the rules were approved and that if they wish to move forward with the fee cap increases they can present the legislation during the next session. 

Mr. Hales stated that he didn’t have anything specific, but that he would need to address some issues with the Board during the course of the day. 

Moved by Ms. Averill that Board go into executive session to discuss potential litigation.  Seconded by Dr. Hollingsworth, carried. 

Moved by Ms. Averill to come out of executive session.  Seconded by Dr. Sterling, carried. 

Discussion was held on peer review and the procedure changes from the December meeting.  Dr. Mayo explained the reason behind the changes.  Discussion was held on removing the former Committee Chair and appointing a member of the Board as the Chairman of peer review. 

Attorneys Bill Lee and Jeff Strother appeared to discuss their concerns with the peerreview process.  They addressed the following recommendations:  1) That the Chair handle appeals with dispatch; 2) That the Board pursue an aggressive public relations campaign for peer review; 3) The Boards limiting the process to 1st party insurance requests and that 3rd party should be dealt with civilly; 4) Reviewer should be bound by the decision; 5) The Board should approve reference sources; 6) The party requesting the review should state their concerns and identify areas of objection; 7)Removal of committee should be majority of the Board; 8) Identifying information needs to the stricken from all reviewed items; and 9) Bound arbitration.  Mr. Strother stated that peer review is perceived to be a tool of insurance companies for cost containment. He suggested that the patient be contacted in each case for comment of treatment (i.e. Was treatment excessive, Was treatment what patient wanted).  They also commented that they feel the Board does not have confidence in the process, but that it will be around a long time. 

Mr. Kersey presented that Complaint/Investigation report.  Moved by Dr. Hollingsworth that Board go into executive session to discuss potential litigation.  Seconded by Ms. Averill, carried. 

Moved by Dr. Sterling to come out of executive session.  Seconded by Ms. Averill, carried. 

Moved by Ms. Averill that the Board authorize the Attorney Generals office to file the discussed injunction and that Mr. Hales be authorized to proceed with law changes in 54-705(g).  Seconded by Dr. Hollingsworth, carried.  Moved by Dr. Hollingsworth that the Board recognize Kirsten Wallace and the exemplary service she has provided to the Board.  He suggested a plaque or letter of recognition be given to Ms. Wallace.  Seconded by Ms. Averill, carried. 

Break for lunch until 1:15 p.m. 

Mr. Hetrick distributed the financial report for the Boards review and explained the new format.  Mr. Hetrick stated that as of this date there are 403 active licenses, 75 inactive licenses, and 3 retired licenses.  Mr. Hetrick distributed the new revised renewal form for the Board approval for use during the upcoming renewal period.  After some discussion the Board felt that the renewals should include clarification on advertising practices and the procedure for being included on the peer review committee.  Moved by Dr. Hollingsworth that renewal form include a line item for disciplinary action in another state.  Seconded by Dr. Sterling, carried.  Moved by Dr. Hollingsworth that Dr. Sterling draft a paragraph asking for participants of the peer review committee and that he draft a re-statement of the rules that apply to advertising.  Seconded by Dr. Sterling, carried.  The Board requested that the Mr. Kersey check the yellow pages advertisements for compliance in advertising rules. 

The Board reviewed the application for reinstatement of license for James K. Davis.  Moved by Dr. Hollingsworth that Dr. Davis appear before the board for an oral interview and determination of moral character.  Seconded by Ms. Averill, carried. 

Discussion held on the use of the term “physical therapy” in chiropractic practice.  Upon review of 54-2201 (Physical Therapy act) it was noted that the term is protected under licensure as a physical therapist.  Moved by Dr. Hollingsworth that letter be sent addressing the prohibited use of term “Physical Therapy”.  The term Physio Therapy can be used under licensure as a Chiropractic Physician.  Seconded by Dr. Sterling, carried. 

Mike Henze of the IACP Insurance Committee reported findings to the Board regarding Mercy Guidelines and Olson’s Guidelines in reference to peer reviews.  The Board felt they would need more information on where Mercy guidelines have failed and what the weaknesses are.  Moved by Ms. Averill that Dr. Sterling do additional research on the Standards for Peer Review with various agencies and organizations including FCLB, CCE, FCER and ACA and report on the standards.  Seconded by Dr. Hollingsworth, carried. 

The documentation committee was discussed.  Dr. Harper will put together a list of possible members for the committee. 

Moved by Dr. Hollingsworth that Board go into executive session to discuss potential litigation.  Seconded by Ms. Averill, carried. 

Moved by Dr. Hollingsworth to come out of executive session.  Seconded by Dr. Mayo, carried. 

Moved by Dr. Hollingsworth that offer from Attorneys for Saccoman v Moldenhauer be rejected and that letter be drafted describing that rules specified in the judgment are already in place and that invoice be obtained on detailing legal fees.  Seconded by Ms. Averill, carried. 

Moved by Dr. Hollingsworth that Board meet via telephone within two weeks to approve revised peer review forms.  Seconded by Ms. Averill, carried.  Call scheduled for April 2, 2002 at 12:00 mst. 

Moved by Dr. Mayo that Continuing Education seminar offered by IACP entitled Nutritional Seminar be approved for six hours.  Seconded by Ms. Averill, carried. 

Request from Michael Gott for waiver of continuing education requirements and reinstatement fee was reviewed.  Dr. Gott must submit fees and continuing education credits required by law and board rule. 

Moved by Ms. Averill that the proposed fee cap increase be presented this next legislative session.  Seconded by Dr. Mayo, carried. 

Next meeting scheduled for May 21, 2002.  

Meeting ended at 4:30 p.m. 


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Last Modified - May 09, 2006