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 July 30, 2003 

 

Roll Call:                     Dr. Zane Sterling, Vice-Chair

                                    Dr. Patrick Mayo

                                    Dr. James Hollingsworth

 

Others present:         Rayola Jacobsen, Bureau Chief

                                    Budd Hetrick, Deputy Bureau Chief

                          Roger Hales, Administrative Attorney

                          Sandee Hitesman, Secretary

 

Meeting was called to order at 12:25 p.m. by Vice Chair, Dr. Zane Sterling.  

The minutes from the June 20, 2003 board meeting were approved as written. 

Ms. Jacobsen gave the legislative report.  Ms. Jacobsen noted that based on the rules that changed last legislative session; there should not be a need to submit additional rules for the next session.  This will be a money saving measure, as it costs approximately $56.00 a page every time a rule is taken to the legislature.  The Bureau just completed the last June renewal.  Renewals will now be on the licensee’s birth date.  Everything went smoothly on the incoming end, however, the bureau did not anticipate the large amount of phone calls that came in and are still coming in.  

Ms. Jacobsen gave the financial report.  There is a link on the Bureau’s website to the financial report.  As of June 30, 2003 there were 495 Chiropractic Licensee’s.  The board had $3096.20 left of their budget at the end of the fiscal year.  

Ms. Jacobsen gave the investigation report.  There are 20 currently active investigations from previous years. There have been no complaints for fiscal year 2004.  The Bureau is hoping to have the complaints from fiscal year 2000 and 2001 cleared up by the boards next meeting date. 

Ms. Hitesman noted that she does have one peer review request in need of review.  The board determined that the Peer Review Committee members on the last list would still be on the committee.  The board asked the Bureau to send letters out to Chiropractic licensee’s asking if they would be willing to volunteer to be on the Peer Review Committee.  The board also asked the Bureau to contact those currently on the committee, reminding them that they are still on the committee, and giving them the choice to continue serving or to resign from the committee.  Dr. Mayo asked if it was wise for him to continue serving on the committee, as he is a current board member.  Mr. Hales recommended that board members should not serve as members of the peer review committee.  Dr. Mayo asked for his name to be taken off the rotation committee.  

Mr. Hales discussed a Chiropractors ability to sign a death certificate.  He stated that the current law limits people who can sign a death certificate.  He suggested that it would be more appropriate for the Chiropractic Association to pursue any changes in the current law.  Dr. Hollingsworth noted that if the law states only Physicians/Surgeons can sign death certificates, and Chiropractors are Physicians, than they should be able to sign a death certificate.  Motion was made by Dr. Hollingsworth to contact Dr. Henry West regarding the history on Chiropractors signing death certificates, and to forward his response to the board and administrative attorney, Roger Hales.  Seconded by Dr. Mayo, carried.  Dr. Sterling noted that he would contact Dr. West.  

Mr. Hales discussed with the board a letter that was submitted to him by Dr. Harper from Idaho Division of Vocational Rehabilitation.  Vocational Rehabilitation is quoting IDAPA 47, 700, Use of Chiropractic Services.  Dr. Harper had requested Mr. Hales to review this law, which notes that Chiropractic examinations will not suffice in meeting the medical documentation required for eligibility purposes.  It was noted that this law takes away the publics choice in health care.  A motion was made by Dr. Hollingsworth to have the Bureau mail a copy of the letter to all board members.  The board members can than read this letter, review the Idaho Statutes and discuss with Mr. Hales.  Dr. Mayo seconded, carried.  Ms. Jacobsen noted that this might be something for the Chiropractic Association to pursue.  The board will decide after reading the letter if they want to contact the Chiropractic Association.  

Motion was made by Dr. Hollingsworth to go into executive session to discuss matters of potential litigation not for public disclosure.  Seconded by Dr. Mayo, carried. 

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

Motion was made by Dr. Mayo to request the prosecutor to negotiate a consent agreement with the following provisions:

1.      License is suspended through completion of criminal probation entered on 5-2003.

2.      In order to re-instate his license, he must meet the following conditions:

a.    Successful completion of probation

b.    Send to the board all disciplinary actions taken by other states

c.    Not take part in any other illegal conduct

d.    Pay all costs of investigation and prosecution

e.    Send to the board a copy of the Psychological report

f.      Meet with the board and request re-instatement of license

Seconded by Dr. Hollingworth, carried.  

Motion was made by Dr. Hollingsworth to go into executive session to discuss matters of potential litigation not for public disclosure.  Seconded by Dr. Mayo, carried. 

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

Motion was made by Dr. Hollingsworth to have the Attorney Generals office negotiate a consent agreement ordering a letter of reprimand stating that it remains the Chiropractors responsibility to comply with the rules of advertising.  That each Chiropractor must pay a $250.00 fine, and split the costs incurred by the board and Attorney Generals Office.  Seconded by Dr. Mayo, carried. 

Dr. Hollingsworth reviewed the continuing education audits.  There were some continuing education classes that were not pre-approved.  The board asked the Bureau to request a syllabus of the class from the licensee’s, and submit copies to each board member to have the board review.  

Dr. Hollingsworth had to leave the meeting, which left the meeting without a quorum. 

The Bureau will contact the board with potential dates for the next meeting. 

Meeting adjourned at 1:55 p.m. 


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Last Modified - March 08, 2009