Idaho State Board of Chiropractic Physicians

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, Idaho 83702-5642

(208) 334-3233

 

Board Meeting Minutes of September 27, 2006

           

 

 

ROLL CALL:              Dr. Patrick Mayo, Chair

                                    Dr. Shannon Gaertner-Ewing

                                    Dr. Gregory Dutson

                                    Jun Shiosaki

                                    Dr. Geffery Anderson

 

ALSO PRESENT:       Rayola Jacobsen, Bureau Chief

Budd Hetrick, Deputy Bureau Chief

                                    Roger Hales, Administrative Attorney

                                    Karl Klein, Deputy Attorney General

                                    Marilyn London, Technical Records Specialist I

                                   

Chairman Dr. Mayo called the meeting to order at 9:00 a.m.

 

The Board and Bureau welcomed new board member Dr. Geffery Anderson.

 

MINUTES

 

The minutes from the July 26, 2006 meeting were reviewed.  Moved by Dr. Dutson that the Board approve the July 26, 2006 minutes.  Seconded by Dr. Gaertner-Ewing, motion carried.

 

Ms. Jacobsen reviewed with the Board that Governor Risch and his staff have been very good to work with. Additionally, there will be many new faces at the 2007 Legislative Session as many long time legislators did not run for re-election. The Contractor Board has now registered 18,000 contractors and the process is working well.  The new professions that have been assigned to the Bureau to administrate; will impact the indirect funding portion of the existing Boards budgets due to their assuming a share of the expenses.

 

FINANCIAL REPORT

 

Mr. Hetrick presented the financial report which indicates a cash balance of $97,571.33.  The Board is in good financial shape this fiscal year.  Mr. Hetrick instructed the new board member on how to properly use the web site to search detail information on the board’s financial report.

 

INVESTIGATIVE REPORT

 

Mr. Hetrick presented the investigative report which indicates that four (4) complaints have been received for fiscal year 2007.  Eleven (11) complaints were received for fiscal year 2006.  Of those, four (4) have been closed and two (2) have been referred for legal review and five (5) remain under investigation. Seventeen (17) complaints were received for fiscal year 2005.  Of those, six (6) have been closed and ten (10) remain under investigation.  One awaits Board determination.  Twenty-two (22) complaints were received for fiscal year 2004.  Of those, fourteen (14) have been closed and seven (7) were referred for legal review and one (1) remains under investigation.

 

The Bureau presented case CHI-L1-4-2005-6.  Moved by Dr. Gaertner-Ewing that the Board accept the Bureau’s recommendation to authorize closure.  Seconded by Mr. Shiosaki, motion carried.

 

Mr. Klein presented a Stipulation and Consent Order for case CHI-2006-3.  Moved by Dr. Gaertner-Ewing that the Board accept the recommendations outlined in the Stipulation and Consent Order.  Seconded by Dr. Dutson, motion carried.

 

Cathleen Morgan, Attorney for the Board of Medicine presented copies of a document outlining the Board of Pharmacy and the Board of Medicine’s stand on the use of “prescription drug or legend drug”.  This was further discussed.  It was decided that a working committee should be formed with two members from the Board of Chiropractor Physicians and members from the Board of Pharmacy and the Board of Medicine to discuss the issues and conflicts.  Ms. Jacobsen will be making contacts and help coordinate this meeting.

 

Dr. Kurt Bailey, Idaho Chiropractic Association recommended that the Board adopt a new law to re-clarify the practice act.  At this time it was noted that it is too late for the Bureau to submit any law changes for the 2007 Legislative Session.

 

Moved by Dr. Gaertner-Ewing to enter executive session to discuss issues with legal counsel.  Seconded by Dr. Dutson, motion carried.

 

Moved by Dr. Gaertner-Ewing to enter regular session.  Seconded by Mr. Shiosaki, motion carried.

 

Moved by Dr. Gaertner-Ewing that the Board direct the Bureau to draft a letter to notify licensed Idaho Chiropractors using appropriate language regarding the disagreement at this time in the use of injectable nutritional supplements. The Board Chair will review the draft prior to being sent out.  Seconded by Mr. Shiosaki, motion carried.

 

Dr. Jason West presented a Legal Opinion Letter to the Board from G. Lance Nalder, Attorney regarding whether chiropractic physicians may administer injectable nutrient therapy under Idaho Law.  With this information the Board is considering adopting an emergency rule on a temporary basis.  Mr. Hales will review the Legal Opinion and report back to the Board.

 

Moved by Dr. Dutson that the Board enter executive session to discuss applicant files exemption from public disclosure.  Seconded by Mr. Shiosaki, motion carried.

 

Moved by Mr. Shiosaki to enter regular session.  Seconded by Dr. Gaertner-Ewing, motion carried.

 

The Board recommended to a previously licensed chiropractor seeking to reinstate their chiropractor license the following suggestions:  Must make application and pay the $250.00 application fee to be considered; take a pro-active roll and take approved high quality continuing education from an approved chiropractic college; for clinical skills take the SPEC exam to demonstrate clinical competency; the Board also recommended counseling as well as the applicant must have completed supervised parole.  Overall the applicant must convince the Board of rehabilitation.

 

Moved by Dr. Gaertner-Ewing that the Board enter executive session to discuss applicant file exempt from public disclosure.  Seconded by Dr. Dutson, motion carried.

 

Moved by Dr. Anderson to enter regular session.  Seconded by Dr. Dutson, motion carried.

 

Moved by Dr. Gaertner-Ewing to deny chiropractor applicant DCA-1211 to reinstate their license based upon not providing enough evidence to support that the applicant has accomplished rehabilitation.  Seconded by Dr. Anderson.  Moved by Dr. Dutson to amend the motion stating that the Board has concerns regarding the failure of the applicant to admit to the previous violations that the Board found; motion and amended motion carried.

 

In response to written request for consideration; Ms. Jacobsen shared with the Board that there are no provisions in the laws to allow dual licensure as both a Chiropractic Physician and Naturopathic Physician.  There is nothing to prevent licensure in both professions however; an applicant would need to submit an application for licensure to each Board that would qualify under the Law and Rule of each profession.

 

The Board recessed for lunch at 1:00 p.m.

 

Moved by Dr. Gaertner-Ewing that the Board approve herself and Dr. Dutson to attend the NBCE Part IV administration and pay for appropriate expenses.  Seconded by Dr. Anderson, motion carried.

 

Moved by Dr. Gaetner-Ewing to elect Mr. Shiosaki as Board Secretary.  Seconded by Dr. Anderson, motion carried. 

 

Moved by Mr. Shiosaki to elect Dr. Gaetner-Ewing as Board Vice-Chair.  Seconded by Dr. Anderson, motion carried.

 

The Board discussed Distance Learning and the possibility of allowing it for part of the annual continuing education.  Dr. Gaertner-Ewing will further research this issue and bring back a report at another meeting.

 

The Board reviewed continuing education courses requesting approval.  Moved by Dr. Anderson that the Board approve the following courses: “Mastering the Science & Skills of Bio-Detoxification for 10.5 hours and “Biotics Product Review Seminar for 8 hours.  Seconded by Dr. Gaertner-Ewing, motion carried.

 

The Board reviewed correspondence and directed Roger to respond on behalf of the Board.

 

The Board reviewed a letter requesting if cold laser of LLT therapy falls under the licensure for Idaho Chiropractors.  Moved by Dr. Anderson that cold laser LLLT therapy falls under the scope of practice for Idaho Chiropractor Physicians.  Seconded by Mr. Shiosaki, motion carried.

 

The Board reviewed audited continuing education for licensees.  At the next meeting the Board will discuss the consequence of licensed chiropractors not completing the required continuing education in the appropriate time allowed.

 

The Board scheduled the next meeting for November 1, 2006 at 9:30 a.m.

 

It was moved and seconded to adjourn the meeting at 4:00 p.m.