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 November 1, 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 9:35 a.m.




The minutes from the September 27, 2006 meeting were reviewed.  Moved by Dr. Gaertner-Ewing to approve the minutes with a correction.  Seconded by Mr. Shiosaki, motion carried.


Ms. Jacobsen informed the Board that the Rule change updating the version of reference guidelines for peer review standards has been submitted for the 2007 Legislation and has been accepted by the legislative sub-committee.


There is a Chiropractic Board sub-committee meeting scheduled for November 20, 2006 with the Board of Medicine and the Board of Pharmacy to review the chiropractic scope of practice.




Mr. Hetrick presented the financial report which indicates a cash balance of $99,985.11.  It is possible that in the future the Bureau may bring a request to the Board to decrease fees.  The Bureau will continue to monitor this situation on behalf of the Board.






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, five (5) have been closed and one (1) referred for legal review and five (5) remain under investigation.  Seventeen (17) were received for fiscal year 2005.  Of those, seven (7) have been closed and ten (10) remain under investigation.  Twenty-two (22) were received for fiscal year 2004.  Of those, nineteen (19) have been closed and two (2) were referred for legal review and one (1) remains under investigation.


Mr. Klein presented 3 complaint cases requesting recommendations from the Board on appropriate disciplinary action.  After discussion on each case the Board provided their recommendations for Mr. Klein to work with.


Dr. Marlin Richardson addressed the Board regarding endorsement requirements.  His concerns were Idahoís Endorsement Rules which require passing the NBCE exam sections I, II, III and SPEC and physiotherapy.  The Board will review and discuss the endorsement rule and may propose a rule change in the future.


Mr. Hetrick explained the new continuing education audit process for the Bureau.  Any licensee that is audited by the Board and fails to submit the continuing education or has not completed the continuing education in the time frame required will be sent to the Attorney Generalís office.  It was the decision of the Board that any licensee that is reviewed by the Board and the Board findís that the continuing education does not meet the standard in the rules will be sent a letter and given 60 days to complete the additional continuing education.


The Board adjourned for lunch at 12:00 noon.


The Board reconvened at 1:10 p.m.


The Board discussed the 2007 Peer Review Committee.  Forms will be mailed out to chiropractors and must be returned in 30 days.  The Board will review the forms returned at a meeting or conference call and then schedule training for January 2007.  Moved by Dr. Gaertner-Ewing that the Board authorize the purchase of 20 copies of the Procedural Utilization Facts Reference Guide, 6th Edition, Robert E. Olson, D.C. and current Fee Facts.  Seconded by Dr. Dutson, motion carried.


Mr. Hales reviewed the legal opinion from G. Lance Nalder, attorney regarding injectable nutrient therapy under Idaho law.  Mr. Hales stated this is a good opinion, but an aggressive approach.  The Board discussed the issues at hand and reviewed a draft copy of a proposed rule.  Moved by Dr. Anderson that the Board adopt this language as a proposal for a rule change for 2008 Legislation and direct legal counsel to write the Board of Medicine a letter with the proposal.  Seconded by Dr. Gaertner-Ewing, motion carried.


The Board reviewed correspondence from a chiropractor with a question on the scope of practice using bioidentical hormones in cream form.  The Board directed a letter to be sent indicating this is under the scope of practice.


The Board reviewed continuing education from a chiropractor and directed the Bureau to write a letter informing the chiropractic that the seminar is approved, but in the future the Board will require prior-approval of a course not already approved by a chiropractic college.


The Board scheduled a conference call meeting for December 20, 2006 at 12:00 noon for the approval of the 2007 peer review committee.


The Board scheduled a conference call meeting for February 28, 2007 at 12:00 noon as their next regular meeting.


The Board adjourned at 3:00 p.m.