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 June 20, 2003

  

Roll Call:          Dr. Dennis Harper, Chair

                        Dr. Patrick Mayo

                        Dr. James Hollingsworth

                                  Sandra Averill

 

Present at 9:45 A.M.    Dr. Zane Sterling, Vice-Chair

 

Others present: Rayola Jacobsen, Bureau Chief

                         Budd Hetrick, Deputy Bureau Chief

                 Roger Hales, Administrative Attorney

                 Sandee Hitesman, Secretary

 

Meeting was called to order at 9:28 a.m. by Chair, Dr. Dennis Harper.  

The Chairman asked that, if there was no objection, the minutes from May 14, 2003 board meeting stand approved as written.  There was no objection. 

Ms. Jacobsen gave the legislation report.  We are processing license renewals at the present time.  This will be the last year that renewals will be due the end of June.  Licenses will now expire on the licensee’s birth date.  The Bureau’s system is running smoothly.  The Bureau did not have to hire temporary help for renewals this year.  Question was asked if a reminder notice would be sent out before renewal of license was due.  All licensees will receive a renewal notice about 6 weeks before their birth date.  Licensees must renew before the date of their birth date. 

Due to the Bureau’s cost containment position, Administrative Attorney Roger Hales, will only be present at board meetings for about an hour from now on.  This adjustment will prevent an increase in attorney fees.  The agenda will now show a time frame for Mr. Hales and the Board is asked to review matters requiring legal input during that time.  

Discussion was held regarding new board members.  It was felt that new board members should be briefed on the process and procedure of a board meeting.  It was agreed that about 20 minutes after the new board members first meeting would be spent discussing budgets, how to make motions, executive session process, and anything else that the new member should know about process and procedures.  

Dr. Harper asked the board to consider adding additional time to the terms of board members.  Ms. Jacobsen stated this would have to be brought before the legislature.  Ms. Jacobsen asked that a minimum amount of bills be scheduled for this next legislative session. 

Mr. Hetrick gave the financial report.  The financial report for the entire year will now be on the website.  As of May 31, 2003 there was a total of 492 licensed Chiropractors in the state of Idaho.  The Chiropractic Board had a total of $9085.08 remaining in their budget at the end of May.  Mr. Hetrick explained that cash balances spike and drop because of revenues received for applications and license renewals.  Once the renewal is changed to the licensee’s birth date, these fluctuations should not be as great.  

Mr. Hetrick gave the investigation report.  The Bureau and Attorney Generals office report was given.    Motion was made by Dr. Hollingsworth to go into executive session to discuss disciplinary action items not for public disclosure.  Dr. Mayo seconded, carried. 

Motion was made by Dr. Hollingsworth to come out of executive session.  Dr. Mayo seconded, carried. 

Motion was made by Dr. Hollingsworth to have the prosecutor pursue a consent agreement between licensee CHI-L6A-02-02-001 and the Board of Chiropractic Examiners.  This consent would state:

  1. License suspended through successful completion of probation.
  2. In order to reactivate license, licensee must show successful completion of all the terms of his probation, and send us all documents related to the charges.
  3. Send us all disciplinary action taken by other state boards.
  4. Licensee must not take part in any other illegal conduct or have any other disciplinary action taken against him.
  5. If licensee wants to activate his license, he must meet with the Idaho board of Chiropractic Examiners.
  6. Licensee must pay all costs of investigation and prosecution.

Seconded by Dr. Sterling carried. 

Motion was made by Dr. Mayo to go into executive session to continue to discuss disciplinary action items not for public disclosure.  Seconded by Dr. Hollingsworth, carried. 

Motion made by Dr. Hollingsworth to come out of executive session.  Seconded by Dr. Sterling, carried. 

Motion was made by Dr. Hollingsworth to affirm the letter of warning sent to licensee CHI-L2A-01-03-6 and CHI-L2A-01-03-7 by the Bureau of Occupational licenses.  Seconded by Ms. Averill, carried. 

Motion made by Ms. Averill regarding licensee CHI-P1-02B-02-15 and CHI-P5-02B-03-2.  Direct the prosecutor to draft a strongly worded letter of warning to the 6 involved Chiropractors telling them to cease and desist this practice, similar to a sample letter of warning that was presented to the board.  To also send a letter to all licensed Chiropractors in the State of Idaho informing them of the type of practice being investigated, and that this sort of marketing approach is unacceptable.  Seconded by Dr. Sterling.  Four approved, one opposed motion.  Motion carried.

Board asked to have a copy of the letters sent to them before mailing. 

Discussion was held regarding having the Chiropractor involved send out letters of apology to all persons whom were contacted.  Board discussed how to police that this was done.  It was determined that disclosing patient’s names without their consent may be a HIPPA violation.  

Motion was made by Dr. Mayo to direct the prosecutor to negotiate a consent agreement with the 6 involved Chiropractors that they: agree to cease this type of marketing and; identify to the board all person’s contacted, and; send a letter of apology to each person contacted that states this type of marketing was inappropriate, and; provide to the board copied of the letter and a list of whom the letters were sent to.  Seconded by Dr. Hollingsworth, carried. 

Motion was made by Dr. Mayo to modify the consent agreement sent to the 6 involved Chiropractors that they send us a copy of the communication sent out, but not provide the board with a list of names.  Two approved, three opposed.  Motion failed. 

Brad Hoaglan, lobbyist for the Association of Chiropractic Physicians, gave legislative report.   This legislative session was followed by an election year.  There were 32% new faces in the legislature.  The following bills were passed for Chiropractic Physicians. 

    Liability reform legislation was passed.  This will impact the insurance rates for Chiropractors.  The Chiropractic Association did support the Bureau of Occupational licenses legislation to increase the cap from $100.00 to $150.00.  This bill passed.  This bill also removed the religious exemption. 

    There was a bill on the licensing of Natural paths.  None of these bills received legislative hearing.

    HB#33-changing the renewal date to the licensee’s birth date passed.

Athletic Trainers bill was discussed.  Athletic trainers are now certified through the State of Idaho.  They want licensure.  The way the bill was written, Chiropractors would not be able to hire Athletic Trainers.  The Chiropractic Association went to the Board of Medicine, who was stating they would not support this bill if it included Chiropractors.  The Chiropractors were able to get the language of the bill to include Chiropractors.  The Senate passed the bill. The bill went back to the house and was passed by the house.  Mr. Hoaglan stated all complaints that come in regarding an Athletic Trainer, needs to go to the Board of Medicine.  Rules are now being drafted for Athletic Trainer licensure.  An executive decision was made to have Mr. Hales and Dr. Hollingsworth attend the next meeting on drafting the rules, and bring the draft back to the Board.  Mr. Hales will review the draft of the Athletic Trainer rules.    Board decided if Dr. Hollingsworth were no longer on the Board of Chiropractic Examiners, he would still represent the board by staying on the committee until completion of the project.  

Physical Therapists are trying to make some changes to the Athletic Trainers rules.  September is the last date for any rule making. 

The board of Medicine is charging $5.00-$10.00 fee for anyone licensed under the Board of Medicine who wants to supervise Athletic Trainers.  The Chiropractic Board may want to discuss at a later date if they should charge Chiropractors to supervise Athletic Trainers. 

Motion made by Dr. Hollingsworth to go into executive session to discuss pending litigation and review of applicant files not for public disclosure.  Seconded by Dr. Mayo, carried. 

Motion made by Ms. Averill to come out of executive session.  Seconded by Dr. Harper, carried. 

Motion made by Dr. Harper to break for lunch until 1:30.  Seconded by Ms. Averill, carried. 

Meeting was called to order by Chair, Dr. Harper, at 1:35 p.m. 

The board asked the bureau not to send them copies of NBCE correspondence. 

Chairman of the board asked the rest of the board members to make a note page and comments on documentation standards comments received from Chiropractors in the State of Idaho.  Chairman also asked the rest of the board members to review websites of other States Licensing units, (Vermont, Utah, Oregon) who have codes passed. 

Board decided to hold a phone conference call board meetings every month, and to meet at the Owyhee Plaza for a board meeting every 3rd month. 

Discussed accepting teleconferencing for continuing education.  The board decided not to take any action at this time. 

Discussed Chiropractor’s ability to sign death certificates.  The State law states that Chiropractor’s cannot sign death certificates.  You must practice medicine and surgery in order to sign a death certificate.  Motion was made by Dr. Mayo to direct Mr. Hales to research how to restore Chiropractor’s ability to sign death certificates.  Seconded by Dr. Sterling, carried. 

Discussed ACN Insurance Company credentialing doctors.  It was determined that as long as the doctor does not advertise as being credentialed by ACN, there is no violation. 

The next Chiropractic Board meeting is set for July 30, 2003 at 12:15.  It was decided this would be a conference call meeting. 

Meeting adjourned had 2:25 p.m. 


Return to Idaho State Board of Chiropractic Physicians Home Page

Return to Bureau of Occupational Licenses Home Page


Last Modified - March 08, 2009