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 November 05, 2003

  

Roll Call:              Dr. Dennis Harper, Chair

Dr. Zane Sterling, Vice-Chair

Dr. James Hollingsworth

                             Dr. Patrick Mayo

                             Sandra Averill

 

Others present:   Rayola Jacobsen, Bureau Chief

  Budd Hetrick, Deputy Bureau Chief

                     Roger Hales, Administrative Attorney

                     Sandee Hitesman, Secretary

 

Meeting was called to order at 8:30 a.m. by Chair, Dr. Dennis Harper.  

The minutes from the July 30, 2003 and September 04, 2003 board meetings were approved as written. 

Mr. Hetrick presented the 2004 contract addendum.  Mr. Hetrick noted that the Attorney Generals office had approved the use of an addendum as long as the original contract was not changed.  The correct Exhibit letters were provided. The board asked how this years costs differed from last year. Mr. Hetrick noted that Administration expenses are 4.11% compared to 4.68% last year. Investigation expenses are 3.83% compared to 4.02% last year.  Fiscal expenses are 1.86% compared to 1.99% last year. The boardís total budget for fiscal year 2004 is $50,000.00 compared to $57,000.00 for fiscal year 2003. 

Motion was made by Dr. Hollingsworth to accept the 2004 contract addendum as modified, changing the exhibits as noted.  Seconded by Dr. Mayo, carried. 

Motion was made by Dr. Hollingsworth to amend the above motion to agree to have Sandra Averill sign the 2004 contract addendum on behalf of the board.  Seconded by Dr. Mayo, carried. 

Mr. Hetrick gave the financial report.  The board has $30,103.21 left in appropriation.  The Bureauís rent and the Attorney Generals bill is paid in one lump sum at the beginning of each fiscal year.  The board has a cash balance of $66,708.05.  

Mr. Hetrick gave the investigation report.  There are currently 4 complaints under investigation for fiscal year 2004.  There are 14 complaints under investigation from previous years.  The Bureau asked the board if they could contact the board secretary with some names of persons willing to do pro-reviews. 

Mr. Hetrick presented two issues awaiting board determination.  Mr. Hales noted that it is not necessary to go into executive session to discuss these matters.  

File CHI-P5-2-2001-13 was reviewed.  Complaint was excessive charge of fees for services rendered. The investigation did not reveal a violation of laws or rules. The Bureau recommended this complaint be closed and that the complainant be referred to Peer Review.  The board asked Mr. Hales if it is possible for the Board to refer this complaint to Peer Review.  Mr. Hales noted that only a patient, third party provider, or the doctor himself could request a Peer Review.  It was noted that the file could be referred back for disciplinary action if peer review discovered a violation.  

Motion was made by Dr. Hollingsworth to send a letter along with a Peer Review application to the complainant and suggest this individual refer this to Peer Review if they want to take further action.  Seconded by Dr. Mayo, carried. 

File CHI-P5-2-2003-1 was discussed.  The complaint was that the respondent used bait and switch billings.  The investigation did not reveal a violation of laws or rules. The Bureau recommends that the board authorize an advisory letter to respondent to clarify any contract amounts, and refer complainant to Peer Review.  

Motion was made by Dr. Hollingsworth to send an advisory letter to the respondent recommending the clarification of future contract amounts, and send a letter to the complainant suggesting this individual refer this to Peer Review if they want to take further action.  Seconded by Ms. Averill, carried.   

The board asked the Bureau if the current lawsuit has been resolved.  Mr. Hales stated it had been resolved, however, this will go before a judge in November to determine if either side is responsible for the payment of fees.  The Bureau should know the outcome of this by the boards next scheduled board meeting.  

CHI-2001-01 has petitioned for reinstatement of Chiropractic License.    

Motion was made by Dr. Hollingsworth to go into executive session to discuss matters not for public disclosure.  Seconded by Ms. Averill, carried. 

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

Motion was made by Ms. Averill to have Mr. Hetrick draft a letter requiring the respondent to provide documentation as outlined in the order. Additionally, request that the Bureauís investigation unit run a criminal history check on the person for the last two years.  Once the above has been completed, the board will invite this person to present himself at a scheduled board meeting, before the board makes any decision on relicensure.  Seconded by Dr. Mayo, carried.  

Motion was made by Ms. Averill to amend the above motion to add that the Bureau will review all documents received from respondent to determine if everything that was outlined in the order has been received, before bringing back to the board.  Seconded by Dr. Mayo, carried. 

Motion was made by Dr. Hollingsworth to approve the purchase of FEE FACTS for the Peer Review Committee.  Seconded by Dr. Mayo.  Four in favor of motion, one apposed.  Motion passed. 

Dr. Sterling noted that the Peer Review Committee is currently using the fee schedule from the Idaho Industrial Commission.  The Idaho Industrial Commission has a fee schedule specific to CPT codes.  It was noted that Fee Facts is published specifically for Chiropractors, and gives a national opinion.  Fee Facts has been used by the Peer Review committee before.  It was noted that the board might want to hold a discussion at their next scheduled board meeting to undertake a comparison between the fee schedule from the Idaho Industrial Commission, and Fee Facts.  

Motion was made by Dr. Sterling to have the chairman of the Peer Review committee  bring to the board a current copy of Fee Facts and the fee schedule from the Idaho Industrial Commission at their next scheduled board meeting for discussion and comparison.  Seconded by Ms. Averill, carried. 

It was noted that the Peer Review Committee might want to contact Dr. Moldenhauer or Dr. Mayo for information on how situations were handled before.  The board asked if the Bureau would forward a copy of Fee Facts to Dr. Sterling when it arrives. 

NBCE asked if the board could send out a letter encouraging all Chiropractic Physicians who are contacted by the NBCE to complete their survey.  Question was raised if the survey was for the public protection, or more practice oriented.  It was determined that because the survey was more practice oriented, this was a matter for the State Chiropractic Association.  The board asked the Bureau to contact NBCE and have them follow up with the State Chiropractic Association. 

The board received a continuing education request from the Montana Chiropractic Association and the Idaho Chiropractic Association.  It was noted that a private company is putting on these seminars and not a CCE accredited school.  The board was reminded that according to the Chiropractic rules, the board could approve continuing education not being sponsored by a CCE accredited school.  It was noted that the topics that will be discussed in these seminars are topics that every Chiropractor should hear.  

Motion was made by Ms. Averill to approve the request for continuing education credits.  Seconded by Dr. Mayo, carried. 

Motion was made by Dr. Hollingsworth to amend the above motion to include approval for the request from the Montana Chiropractic Association, and the Idaho Chiropractic Association.  Seconded by Dr. Mayo, carried. 

The Bureau asked the board to revisit the CHI-2001-01 disciplinary matter.  The Bureau noted that after reading through the order, the order stated that the board must approve the evaluator.  

Motion was made by Dr. Mayo to have the Bureau of Occupational licenses approve an appropriate evaluator for the above case.  Seconded by Ms. Averill, carried. 

The Idaho Chiropractic Association asked the board to consider putting on a presentation on Peer Review and/or Documentation at their May 2004 continuing education seminar.

The Idaho Chiropractic Association has set aside two to three hours for this.  Dr. Sterling noted that he would be happy to discuss the Peer Review process, but would question his ability to do this.  The board noted that two to three hours is along stretch of time.  Discussion was held regarding putting aside an hour after the seminar to speak with those interested in Peer Review.  

Motion was made by Dr. Mayo to have the Bureau inform the Idaho Chiropractic Association to be prepared to provide 12-hours of continuing education, and that the board will volunteer to make a presentation at the seminar on Peer Review and Documentation, but this is not to be included in the 12 hours.  Seconded by Dr. Sterling, carried. 

Continuing Education Audit for a licensee who did not fulfill all required hours by the renewal date was reviewed.  It was noted that the licensee did pay the $250.00 reinstatement fee, and has now met the 12-hour continuing education requirement.  The board asked if this licensee had been practicing and billing insurance companies during the period that his license was expired.  The Bureau noted that their investigation unit could investigate this issue.  

Motion was made by Dr. Mayo to approve the continuing education hours submitted by the licensee.  Seconded by Dr. Sterling, carried. 

Motion was made by Dr. Mayo to direct the Bureau to have their investigation unit follow up to determine if the above licensee had been practicing during the time his license was expired.  Seconded by Dr. Sterling, carried. 

Ms. Jacobsen gave the legislative report.  The board currently has not submitted any new law or rule changes to the legislature.  At the request of the Attorney Generals office, the Bureau has submitted a law change that would enable the Bureau to have Subpoena power.  The board asked if the bureau is expecting any opposition.  Ms. Jacobsen noted that there are a number of legislators who are philosophically opposed to any increase in governmental power.  Ms. Jacobsen noted that the Bureau currently has eight boards that do have subpoena power, and have used this without any complaints.  Question was raised if subpoenaing medical records would be a HIPPA violation.  The Bureau stated that most complaints have been made by a patient, who signs a release for the Bureau to obtain a copy of their medical records.  

The board asked if the Bureau had heard anything about the new board appointments.  Ms. Jacobsen noted that she had been checking with the governorís office, but as of this date, there have not been any appointments made for the Chiropractic board.   

Peer Review training was discussed.  Dr. Sterling will set up a date and time to hold Peer Review training for new committee members.  Ms. Hitesman will get with Dr. Sterling regarding this training.  The board noted that at the last training, materials and a video were handed out.  The Bureau does have a copy of the Idaho Chiropractic Peer Review Seminar presented by John S. Carr, D.C. on September 30, 2000.  

Motion was made by Dr. Mayo to have Dr. Sterling put together training material and  send training materials to Dr. Mayo for approval.  Once approved, these materials will be sent to all new peer review committee members.  Each member will then sign a notarized affidavit stating they have read the materials.  Included in the motion is approval for funding this effort.  Seconded by Dr. Hollingsworth, carried.  The board asked the Bureau to send out copies of the training materials to Dr. Sterling. 

Dr. Harper stated that documentation has been postponed due to funding.  Dr. Harper stated that the cost for him to fly to Boise is $500.00.  Dr. Harper would like to set up phone conferences with the documentation committee members, rather than meet in Boise.  The board approved the use of conference calls for the documentation committee. 

Dr. Hollingsworth noted to the Bureau that there is a website available, where you can hold a televised conference for up to 12 people at a time.  The cost is approximately $100.00.  Mr. Hetrick noted that the Bureau has researched teleconferencing and web conferencing.  Mr. Hetrick stated that the cost of the equipment is prohibiting the Bureau from doing this at the moment.  Security is also a concern, and is being looked into.  

The board discussed a request from the National Directory of Chiropractic to link websites.  The board determined that this is an association issue, and asked the board to respond to the National Directory of Chiropractic accordingly.  

The next board meeting is scheduled for January 15 @ 12:30 p.m.  This will be a conference call meeting.  Ms. Averill volunteered to be at the Bureau for this meeting.

The board adjourned at 10:35 a.m. 


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Last Modified - March 08, 2009