Idaho State Board of Chiropractic Physicians
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, Idaho 83702-5642
Board Meeting Minutes of May 31, 2006
ROLL CALL:††††††††††††† Dr. Patrick Mayo, Chair
††††††††††††††††††††††††††††††††††† Dr. Glenn Moldenhauer
††††††††††††††††††††††††††††††††††† Dr. Shannon Gaertner-Ewing
††††††††††††††††††††††††††††††††††† Dr. Gregory Dutson
††††††††††††††††††††††††††††††††††† Jun Shiosaki, Public Member
ALSO PRESENT:†††††† Budd Hetrick, Deputy Bureau Chief
††††††††††††††††††††††††††††††††††† Roger Hales, Administrative Attorney
††††††††††††††††††††††††††††††††††† Marilyn London, Technical Records Specialist I
††††††††††††††††††††††††††††††††††† Dr. Jason West
††††††††††††††††††††††††††††††††††† Dr. Roy Hansen
††††††††††††††††††††††††††††††††††† Teresa Hampton, Attorney
Chairman Dr. Mayo called the meeting to order at 9:00 a.m.
The Board reviewed the February 8, 2006 minutes.† Moved by Dr. Dutson to change the word refrained to recused on the third page of the minutes.† Seconded by Dr. Moldenhauer, motion carried.† Moved by Dr. Gaertner-Ewing to approve the February 8, 2006 minutes as corrected.† Seconded by Dr. Dutson, motion carried.
Mr. Hales reported on the items the Board requested research on from the February 8, 2006 meeting.† He informed the Board that he is still researching the Multiple Fee Schedules and will prepare a memo and send it to them for review.† The Board will need to review and adopt it prior to posting it on the web site.
Mr. Hales reported that he is still researching the use of Medical Devices and Injectables.† He is waiting on information from the Attorney Generalís office.† He informed the Board this is a Federal issue.† Chiropractic scope of practice includes Nutritional Therapy, but he is not clear on the medical devices.† When the research is completed a proposal will be given to the Board.
Dr. Gaertner-Ewing discussed the issues of Chiropractors not holding malpractice insurance.† This was discussed at the FCLB meeting in Portland.† Mr. Hales suggested that the Board bring this to the attention of the Association before they consider doing a Law and Rule change that requires chiropractors to have malpractice insurance.† Moved by Dr. Gaertner-Ewing that the Board investigate the feasibility and requirements before going forward with legal changes that would require Chiropractors to obtain malpractice insurance.† Seconded by Dr. Dutson, motion carried.
Mr. Hales discussed the concern the new Naturopathic Board has regarding Chelation Therapy not being part of the Chiropractic scope of practice.† Mr. Hales informed the Board that this has been reviewed and investigated and Chelation Therapy is within the scope of practice for Chiropractors.
Mr. Hetrick presented the financial report which indicates a cash balance of $100,901.52.† The report looks good and the balance is up a little.† If the cash balance reaches one and a half times the budget the Bureau could ask the Board to lower the renewal fees.
Mr. Hetrick presented the investigation report which indicates that eleven (11) complaints have been received for fiscal year 2006.† Two (2) have been closed.† One (1) has been referred for legal review, six (6) remain under investigation and two (2) await Board determination.† Seventeen (17) complaints were received for fiscal year 2005.† Five (5) have been closed and ten (10) remain under investigation and two (2) await Board determination.† Twenty-two (22) complaints were received for fiscal year 2004.† Ten (10) have been closed and six (6) were referred for legal review, three (3) remain under investigation or pro-review and three (3) await Board determination.
Mr. Hetrick presented complaint cases for the Boardís Determination.†
Case CHI-P3C-1-2004-1 was reviewed by the Board.† Moved by Dr. Dutson that the Board accept the Bureauís recommendation to close case CHI-P3C-1-2004-1.† Seconded by Dr. Gaertner-Ewing, motion carried.
Case CHI-P3B-2-2004-4 was reviewed by the Board.† Moved by Dr. Gaertner-Ewing that the Board accept the Bureauís recommendation to close case CHI-P3B-2-2004-4.† Seconded by Mr. Shiosaki, motion carried.
Case CHI-B1-4-2004-5 was reviewed by the Board.† Moved by Dr. Gaertner-Ewing that the Board accept the Bureauís recommendation to close case CHI-B1-4-2004-5.† Seconded by Dr. Moldenhauer, motion carried.
Case CHI-P3-2-2005-5 was reviewed by the Board.† Moved by Dr. Gaertner-Ewing that the Board accept the Bureauís recommendation to close case CHI-P3-2-2005-5.† Seconded by Mr. Shiosaki, motion carried.
Case CHI-P2B-2-2005-17 was reviewed by the Board.† Moved by Mr. Shiosaki that the Board accept the Bureauís recommendation to close case CHI-P2B-2-2005-17.† Seconded by Dr. Moldenhauer.† Mr. Shiosaki withdrew the motion and Dr. Moldenhaer withdrew his second.† Moved by Dr. Gaertner-Ewing that case CHI-P2B-2-2005-17 is referred to Health and Human Services.† Seconded by Dr. Moldenhauer, motion carried.
Case CHI-P5A-2-2006-6 was reviewed by the Board.† Moved by Dr. Dutson that the Board accept the Bureauís recommendation to close case CHI-P5A-2-2006-6.† Seconded by Dr. Moldenhauer, motion carried.
Case CHI-P5-2-2006-8 was reviewed by the Board.† Moved by Mr. Shiosaki that the Board accept the Bureauís recommendation to close case CHI-P5-2-2006-8.† Seconded by Dr. Gaertner-Ewing, motion carried.
Chiropractor applicant DCA-1141 and Teresa Hampton, attorney addressed the Board in support of application for licensure.
Moved by Mr. Shiosaki that the Board enter executive session to discuss applicant file not subject to public disclosure.† Seconded by Dr. Moldenhauer, motion carried.
Moved by Mr. Shiosaki to enter regular session.† Seconded by Dr. Gaertner-Ewing, motion carried.
Moved by Dr. Moldenhauer that the Board issue a license to applicant DCA-1141 with the following probation conditions: provide an Intake Protocol Form to be approved by the Board; 12-month supervised probation period meeting once a month with an approved licensed chiropractor supervisor and bear the cost of the supervision; the Board has the ability to review patient files at any time during the 12-month probation.† Seconded by Dr. Dutson, motion carried.
Moved by Dr. Gaertner-Ewing that the Board deviate from the agenda and allow Dr. Jason West address the Board.† Seconded by Dr. Moldenhauer, motion carried.
Dr. Jason West presented the Board information regarding his practice.† Moved by Dr. Moldenhauer that the Board direct Mr. Hales to write a letter to the Board of Medicine regarding the Boardís position on their scope of practice using Injective Therapy.† Seconded by Dr. Dutson, motion carried.
Dr. Gaertner-Ewing reported on the FCLB meeting in Portland Oregon.† Topics discussed included malpractice insurance, client relationships and documentation issues.† ACA will be training trainers to help teach chiropractors to provide acceptable patient documentation. †
The Board reviewed a continuing education course from the California Chiropractor Association and the same course from Shawn Nord for approval of 12 hours of continuing education.† Moved by Dr. Gaertner-Ewing to accept the course for continuing education and approve 12 hours.† Seconded by Dr. Dutson, motion carried.
The Board reviewed a letter requesting approval of a continuing education course taught by Dr. Kirk Meier, D.C. Moved by Dr. Gaetner-Ewing that a letter is sent requesting more detailed information on the course for the Board to review at their next meeting.† Seconded by Dr. Dutson, motion carried.
The Board reviewed a letter from Scott Sessions regarding endorsement for chiropractors.† The Board will review the endorsement requirements and bring a recommendation to the next meeting.
Letter was received from Ann Raymer, D.C. asking if hyperbaric oxygen chamber is within the chiropractic scope of practice.† The Board indicated this is not part of the chiropractic scope of practice.
Letter received from Glen Randall regarding patient refund.† The Board indicated this is not addressed in the rules.
Letter received from James Bustos requesting information on the use of Rx homeopathic products in Idaho.† The Board needs the term Rx defined before they can answer the questions.
The Board received several letters requesting information on the use of injectables in the practice of chiropractic in Idaho.† The Board directed Mr. Hales to draft a form letter regarding injectables and this will be sent to everyone who requested clarification.
Dr Gaertner-Ewing discussed Peer Review and the correct process in sending out the final letter as chair of the peer review committee.† Mr. Hales advised that the same letter should be sent to the doctor and the person requesting the review.
Dr. Gaertner-Ewing gave her report on comparing the 5th Edition of the Procedural Utilization Facts Reference Guide to the 6th Edition. Moved by Dr. Gaertner-Ewing that the Board propose a Rule change for the 2007 Legislation Session changing the Peer
Review Rule 600.04. replacing the 5th Edition reference by changing language to reference the 6th Edition.† Seconded by Dr. Dutson, motion carried.† Dr. Moldenhauer voted nay.
The Board scheduled the next meeting for a conference call on July 26, 2006 at 12:30 p.m.† The following meeting is scheduled for September 27, 2006 at 9:00 a.m. at the Bureau.
The Board meeting adjourned at 2:00 p.m.