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 May 13, 2004

Roll Call:              Dr. Dennis Harper, Chair

Dr. Zane Sterling, Vice-Chair

Dr. Patrick Mayo

Dr. Glenn Moldenhauer

                                   

Others present:   Rayola Jacobsen, Bureau Chief

                               Roger Hales, Administrative Attorney

                      Sandee Hitesman, Secretary

 

Meeting was called to order at 9:02 a.m. by Chair, Dr. Dennis Harper.  

The minutes from the March 10, 2004 board meeting were reviewed.  Minutes were approved as written. 

The board welcomed Dr. Glenn Moldenhauer to the State Board of Chiropractic Physicians. 

Ms. Jacobsen gave the legislation report.  The Bureau had one bill that was taken to the legislature that would affect the Chiropractic board.  This bill was a Bureau bill that would give the investigators subpoena ability.  This bill was lost on the Senate floor.  The bureau will try to get this bill approved again next year. 

Ms. Jacobsen gave the financial report.  The board has $9752.85 left in appropriation, with a $72,563.69 cash balance.  The Waste Water/Drinking Water Operator board will be sharing in the board’s expenses.  This will help to keep some of the boards expenses down. 

Motion was made by Dr. Sterling to approve the financial report.  Seconded by Dr. Mayo, carried. 

Ms. Jacobsen gave the Investigation report.  There were 15 complaints for fiscal year 2002.  One of those is still under investigation, and one is up for board determination.   There were 14 complaints in fiscal year 2003.  Seven of those complaints have been closed, one is awaiting legal review and six are up for board determination.  There have been 17 complaints so far for fiscal year 2004, and all are currently under investigation.  

The board reviewed the following complaints: 

CHI-P3C-1-2003-12:

Motion was made by Dr. Mayo to follow the recommendation made by the Bureau to have the Bureau send an advisory letter cautioning the Doctor of his posture when demonstrating a technique, and than close the case.  Seconded by Dr. Moldenhauer, carried. 

CHI-P2-3-2003-11:

Motion was made by Dr. Moldenhauer to have the Bureau send an advisory letter, reminding the Doctor he cannot use the term Physical Therapy, and than close the case.  Seconded by Dr. Mayo, carried. 

CHI-P2-3-2003-10:

Motion was made by Dr. Mayo to have the Bureau send an advisory letter, reminding the Doctor he cannot use the term Physical Therapy, and than close the case.  Seconded by Dr. Sterling, carried. 

CHI-P4B-1-2003-9:

Motion was made by Dr. Mayo to have the Bureau send out an advisory letter including the phrase, “Please understand you do not have an active Chiropractic license as of 5-23-2001 in the State of Idaho.  You may not engage in any Chiropractic activities until this license is activated”, and than close the case.  Seconded by Dr. Sterling, carried. 

CHI-P3B-2-2003-5:

Motion was made by Dr. Moldenhauer to close this case without action.  Seconded by Dr. Sterling, carried. 

CHI-L2-4-2003-4:

Motion was made by Dr. Mayo to have the Bureau send out an advisory letter advising the Doctor of the necessity to clearly identify himself in publications, and close.  Seconded by Dr. Moldenhauer, carried. 

CHI-P3-2-2002-13:

Motion was made by Dr. Sterling to have the Bureau send out an advisory letter indicating the board is closing the case.  Seconded by Dr. Mayo, carried. 

CHI-2004-1:

Motion was made by Dr. Mayo to go into executive session to consider and advise its legal representatives in pending litigation as provided in chapter 3, title 9, Idaho Code.  Seconded by Dr. Sterling, carried. 

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

Motion was made by Dr. Mayo to advise the board to defer taking action at this time on the stipulation.  The board requests the opportunity to review court documents related to the convictions and probation in Washington and Utah.  In the event the licensee denies this request, the board will formally deny the stipulation.  Seconded by Dr. Sterling, carried. 

The board reviewed two requests for waiver of re-instatement fee. 

Motion was made by Dr. Mayo to request the Bureau to respond as stipulated in the past, and advise the respondent that they can let the license lapse for up to five years before having to re-examine.   Seconded by Dr. Sterling, carried. 

Dr. Mayo made a motion on the second request for waiver of re-instatement fee to direct the Bureau to respond as stipulated in the past, and advise the respondent that they can let the license lapse for up to five years before having to re-examine.   Seconded by Dr. Sterling, carried. 

The board reviewed a request from the Idaho Association of Chiropractic Physicians for an additional 4 hours of continuing education to be approved for their seminar.  The board asked the bureau to make sure everything is received for CE requests as stated in Chiropractic rule before bringing to the board for approval. 

Motion was made by Dr. Sterling to have three members of the board form a committee at large to review request and bring a decision back to the Bureau.  Seconded by Dr. Mayo, carried. 

The board reviewed a request for continuing education approval for classes offered by Dr. Loomis. 

Motion was made by Dr. Mayo to send a letter stating, “based on the information received, the board denies your request.  The board is willing to reconsider the request if further information is provided.”  Seconded by Dr. Sterling, carried. 

Dr. Hollingsworth and Dr. Sterling met with applicant CHIR-RJC-10-23-2003 and conducted an examination for reinstatement of applicants Idaho license. 

Motion was made by Dr. Sterling to recommend reinstatement of applicants license.  Send a letter suggesting that applicant brush up on his Neurology skills.  Seconded by Dr. Moldenhauer, carried. 

Correspondence was sent asking the board if Needle EMG’s, Electromyography’s and Venapuncture were within a Chiropractors scope of practice.  

Motion was made by Dr. Sterling to request the Bureau send a letter to respondent stating that Needle EMG’s, Electromyography’s and Venapuncture are within a Chiropractors scope of practice in Idaho.  Include in the letter to have the respondent review the Chiropractic code of ethics stating such procedures can only be performed by those competent to perform such procedures.  Seconded by Dr. Mayo, carried. 

Correspondence was sent asking the board if DNFT, Network, Atlas orthogonal and AK are clinically acceptable to be practiced in the State of Idaho. 

Motion was made Dr. Sterling to have the Bureau respond to respondent stating that these techniques are clinically acceptable to practice in the Chiropractic scope of practice.  Seconded by Dr. Mayo, carried. 

Motion was made by Dr. Mayo to go into executive session to consider application records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code.  Seconded by Dr. Moldenhauer, carried. 

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

Motion was made by Dr. Mayo to direct the bureau to make a copy of formal action CHI-2001-1 and submit to each board member for review.  The board will be ready to make a determination at the next scheduled board meeting.  Seconded by Dr. Moldenhauer, carried. 

Peer Review training manual was reviewed for approval.  The board asked if there is always an X-ray report?  Dr. Mayo submitted the E/M worksheet to the board.  

Motion was made by Dr. Moldenhauer to approve the Chiropractic Peer Review Manual and review points with the E/M worksheet.  Seconded by Dr. Sterling, carried. 

The board would like the manual on the website.  The board will hand out copies of the manual at the Idaho Association of Chiropractic Physicians seminar.  The board will conduct a peer review training conference call to walk the new peer review members through the manual.  Dr. Sterling and Dr. Mayo were appointed to set up the conference call within the next two weeks. 

The board discussed the letters that are being sent out for completed peer review requests.  Dr. Harper noted the chairman of the peer review committee should draft and sign these letters, and send to the Bureau to be distributed.  

The board discussed conducting an audit on files being reviewed by the peer review committee. 

The board also discussed having the chairman of the peer review committee meet with some of the members of the committee on a random basis, to review the member’s ability to review a file up for peer review.  

The board reviewed a complaint that was sent regarding the outcome letter of a peer review conducted.  Dr. Sterling and Dr. Mayo will re-review this peer review file. 

Meeting adjourned at 11:35 p.m. by chairman, Dr. Harper.


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Last Modified - March 08, 2009