Idaho State Board of Chiropractic Physicians
Meeting Minutes of July 28, 2004
Roll Call: Dr. Dennis Harper, Chair
Dr. Zane Sterling, Vice-Chair
Dr. Patrick Mayo
Dr. Glenn Moldenhauer
Bureau Present: Rayola Jacobsen, Bureau Chief
Budd Hetrick, Deputy Bureau Chief
Roger Hales, Administrative Attorney
Sandee Hitesman, Secretary
Others Present: Stephanie Guyon, Deputy Attorney General
Chelsea Stringer, Executive Director for IACP
Brad Hoagland, Legislative Advisor for IACP
Meeting was called to order at 9:10 a.m. by Chair, Dr. Dennis Harper.
The minutes from the June 01, 2004 Board meeting were approved as written.
Ms. Jacobsen gave the legislative report. August first is the deadline to submit law and rule ideas.
Ms. Jacobsen gave the financial report. The board has $4523.75 left in appropriation with a cash balance of $78,616.59. The board may now access past financial reports online.
Mr. Hetrick gave the investigation report. There have not been any complaints for fiscal year 2005. There were 22 complaints for fiscal year 2004. Sixteen of those complaints are currently under investigation, two are under legal review, one is closed and three await board determination. There were 14 complaints for fiscal year 2003. Eleven of those are closed and three have been referred for administrative action. There were 15 complaints for fiscal year 2002. Eleven of those are closed and four have been referred for formal administrative action.
Board reviewed investigations awaiting board determination.
Motion was made by Dr. Sterling to authorize the Bureau to close the case. Seconded by Dr. Moldenhauer, carried.
Motion was made by Dr. Moldenhauer to turn this investigation over to the prosecutor for further investigation. Seconded by Dr. Mayo, carried.
Motion was made by Dr. Mayo to authorize the Bureau close the case with a letter recommending the complainant take possible civil action. Seconded by Dr. Moldenhauer, carried.
Deputy Attorney General, Stephanie Guyon, presented case number CHI-P2A-1-3-13 for board review.
Motion was made by Dr. Moldenhauer to authorize the attorney generals office to attempt to negotiate a stipulation with probation, a $1000.00 fine, and pay all costs. Seconded by Dr. Mayo, carried.
The board reviewed an investigation for licensee ACU-P1-2-04-2.
Motion was made by Dr. Sterling to close the above case with an advisory letter sent to respondent stating the specific laws and rules regulating Acupuncture. Seconded by Dr. Moldenhauer, 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. Sterling, carried.
Motion was made by Dr. Moldenhauer to come out of executive session. Seconded by Dr. Mayo, carried.
Dr. Harper recused himself from any discussion regarding applicant CHI-P3C-01-00-015.
Motion was made by Dr. Moldenhauer to grant applicant CHI-P3C-01-00-015 a Chiropractic license subject to the following restrictions:
Seconded by Dr. Mayo, carried.
Dr. Martin Donaldson discussed on-line continuing education with the board. Dr. Donaldson has researched a continuing education website for Chiropractic Physicians called chirocredit.com. Dr. Donaldson asked the board to consider allowing on-line continuing education for the following reasons:
It was noted that chirocredit.com requires the doctor to test every so often throughout the course. There are on-line continuing education seminars that are sponsored by accredited schools of Chiropractic. The board noted that they would discuss making a rule change at a later date regarding on-line continuing education credits, and the amount of credits a licensee is required to obtain.
Motion was made by Dr. Mayo to have Dr. Moldenhauer research available on-line continuing education and review the content and feasibility, and bring back to the board. Seconded by Dr. Sterling, carried.
Chelsea Stringer, executive director of the Idaho Association of Chiropractic Physicians addressed the board regarding Peer Review. She stated it was requested by the president of the IACP to bring back a report on where Peer Review stands. The board noted that they gave a report at the IACP convention, and asked Chelsea to clarify with the president of the IACP as to what type of information is needed. The IACP is holding a board meeting this Saturday. Dr. Sterling noted he would be willing to talk with the IACP via conference call regarding Peer Review during this meeting.
Brad Hoagland, legislative advisor for the Idaho Association of Chiropractic Physicians addressed the board. Mr. Hoagland noted that the IACP is willing to help with any legislation the board would like to propose. The board asked Mr. Hoagland to monitor any potential legislation the board of medicine may run regarding Gynecological services. Naturopathic licensure may be presented this legislative session.
The board received a letter from a licensee asking the board to review the dual licensure that is required for Chiropractic Physicians who are also practicing Acupuncture. It was noted that Medical Doctors are exempt for Acupuncture licensure, but Chiropractors are not. The Acupuncture board created two types of Acupuncture licenses. One was licensure, and one was certification. Certification was created for practitioners. The Acupuncture certification scope of practice is the same as the Acupuncture licensure scope of practice.
A licensee submitted a pay schedule for a public relations chiropractic assistant. Motion was made by Dr. Mayo to send a letter to the licensee noting that the board does not regulate pay schedules for public relations chiropractic assistants, and advise that the licensee is responsible for the actions of the public relations chiropractic assistant. Dr. Mayo will approve the letter, and Dr. Harper will sign the letter. Seconded by Dr. Sterling, carried.
It was noted that there is some confusion with the Peer Review committee on the fee schedule. It was noted in the peer review training that the board couldn’t set a fee structure. Fee Facts was set as a guideline for the committee but is not to be solely used. Dr. Sterling and Dr. Mayo will consider sending out a letter to the Peer Review Committee, should more questions regarding this issue come to their attention.
A request for approval of 12 hours of continuing education was reviewed.
Motion was made by Dr. Sterling to approve the request for 12 hours of continuing education for the course entitled “Radiologic and Clinical Update and the annual “Challenge of the Unknowns-Edition 11” being presented by Dr. Susan Vlasuk with the following stipulations:
Roger will review this letter and Rayola will sign. Seconded by Dr. Moldenhauer, carried.
A board member from the State of Iowa e-mailed the board asking if special parameters regarding needle EMG, electrodiagnosis in general, and the administration of oxygen have been designated for chiropractors? The board noted that needle EMG’s were within a chiropractors scope of practice without any special parameters. The board asked the Bureau to request clarification from the requestor regarding electrodiagnosis and administration of oxygen.
The board received a letter from a prospective applicant who had failed parts of the National Board examinations more than twice. They are currently enrolled in a 960-hour post-graduate program with Palmer College of Chiropractic, and has now passed all parts of the National Board examinations. Idaho statute 54-709 (2) requires anyone who has failed an examination on two (2) separate occasions, must successfully engage in a course of study for the purpose of improving his ability to engage in the practice of chiropractic. The board determined that since the requestor has now passed all parts of the National Board examinations, application may be made for licensure at any time.
A letter from a licensee was reviewed asking for an extension of continuing education requirements. The board determined that an extension could not be granted.
Applicant CHI-P4B-03-00-004 had been invited to attend this board meeting to provide information for the review of the application for licensure. The applicant did not appear.
Motion was made by Dr. Mayo to write a letter to applicant CHI-P4B-03-00-004 informing that due to the lack of attendance at the board meeting, the submitted application for licensure has been denied. Applicant may reapply at any time, but will be required to meet with the board during a scheduled board meeting before the application will be reviewed for licensure. Seconded by Dr. Sterling, carried. Board asked that Ms. Jacobsen sign this letter.
Dr. Mayo left the meeting at 1:00 p.m.
Dr. Shannon Gaertner discussed with the board concerns regarding Peer Review. There has been some disagreement between the peer review committee concerning the use of Fee Facts verses the use of the Industrial Commissions fee schedule. The board noted that a specific fee schedule couldn’t be used. The peer review committee should compare the doctor’s fee’s they are reviewing, with what would be considered a reasonable fee. The board noted that if a peer review member feels the fees the doctor is charging are very excessive, they may flag this review and submit it as a complaint to the bureau.
Motion was made by Dr. Moldenhauer to go into executive session to discuss matters exempt from public disclosure. Seconded by Dr. Sterling, carried.
Motion was made by Dr. Sterling to come out of executive session. Seconded by Dr. Moldenhauer, carried.
Next board meeting was scheduled for September 08, 2004 at 12:30 p.m. This meeting will be a conference call.
Meeting adjourned at 1:55 p.m.
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Last Modified - March 08, 2009