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 28, 2007

 

 

ROLL CALL:              Dr. Shannon Gaertner-Ewing, Chair

                                    Dr. Geffrey Anderson

                                    Dr. Larry Nelson

                                    Dr. Robert Haug

                                    Jun Shiosaki, Lay Member - absent

 

ALSO PRESENT:       Tana Cory, Bureau Chief

                                    Budd Hetrick, Deputy Bureau Chief

                                    Roger Hales, Administrative Attorney

                                    Karl Klein, Deputy Attorney General

                                    Marilyn London, Technical Records Specialist I

                                    Marcie Mcginty, Investigation Coordinator

                                    Dave Hotchkiss, Hearing and Appeals Technician

                                    Kimball Lundahl, D.C.

                                    Michael Gott, D.C.

                                    Scott Lundgleen, Attorney

 

 

Chairman Dr. Gaertner-Ewing called the meeting to order at 9:30 a.m.

 

The Board and Bureau welcomed new board member Dr. Robert Haug.

 

MINUTES

 

The Board reviewed the August 15, 2007 board meeting and September 5, 2007 conference call minutes.

 

Moved by Dr. Nelson to approve the August 15, 2007 board meeting minutes.  Seconded by Dr. Haug, motion carried.

 

Moved by Dr. Nelson to approve the September 5, 2007 conference call minutes.  Seconded by Dr. Haug, motion carried.

 

Tana Cory reported to the Board that the Bureau has hired one new customer service employee and two new investigators and a new employee to help with complaints.

 

FINANCIAL REPORT

 

Mr. Hetrick presented the financial report that indicates a balance of $100.562.34 as of October 31, 2007.  He explained how to access the boardís financial information on the web site.

 

RECOMMENDED ACTION ON COMPLAINT CASES

 

Karl Klein presented case CHI-2007-7 to the board.  Moved by Dr. Nelson that the Board close the file and direct the Attorney Generalís Office to issue a warning letter to the Respondent.  Seconded by Dr. Haug, motion carried.

 

Chairman Dr. Gaertner-Ewing requested to change the order of the agenda.

 

CONTINUING EDUCATION AUDITS

 

The Board reviewed the continuing education audits and all were approved as meeting the requirements.

 

Karl Klein presented case CHI-2008-1 to the board.  Dr. Gaertner-Ewing recused herself from discussion on this case.  Moved by Dr. Nelson that the Board close the file and direct the Attorney Generalís Office to issue a warning letter to the Respondent regarding keeping better patient records and include a recommendation for taking a course on proper coding.

 

INVESTIGATIVE REPORT

 

Fiscal Year 2008:  To date, four (4) complaints have been received. Of those, two (2) are pending legal review; and two (2) remain under investigation.

 

Fiscal Year 2007:  Twenty-five (25) complaints were received. Of those, two (2) have been closed following Board determination; two (2) were closed following Board disciplinary action; six (6) are pending legal review; thirteen (13) remain under investigation; and two (2) await Board determination.

 

Fiscal Year 2006: Eleven (11) complaints were received. Of those, six (6) have been closed following Board determination; one (1) was closed following Board disciplinary action; one (1) is pending legal review; one (1) remains under investigation; and two (2) await Board determination.

 

Fiscal Year 2005: Eighteen (18) complaints were received. Of those, nine (9) have been closed following Board determination; two (2) are pending legal review; and seven (7) remain under investigation.

 

Fiscal Year 2004: Twenty-two (22) complaints were received. Of those, seventeen (17) have been closed following Board determination; three (3) were closed following Board disciplinary action; one (1) is pending legal review; and one (1) awaits Board determination.

 

For Board Determination:

 

Mr. Hetrick presented complaint case CHI-P5B-3-2004-14 for Board determination.  Moved by Dr. Nelson that the Board refer this case back to the Attorney Generalís Office for further review and that Dr. Gaertner-Ewing be allowed to advise them on Medicare rules.  Seconded by Dr. Haug, motion carried.

 

Mr. Hetrick presented complaint case CHI-L3-2-2006-1 for Board determination.  Moved by Dr. Anderson that the Board accept the Bureauís recommendation and authorize closure.  Seconded by Dr. Nelson, motion carried.

 

Mr. Hetrick presented complaint case CHI-P1C-2-2006-4 for Board determination.  Moved by Dr. Haug that the Board accept the Bureauís recommendation and authorize closure.  Seconded by Dr. Anderson, motion carried.

 

Mr. Hetrick presented complaint case CHI-P3D-2-2007-18 for Board determination.  Moved by Dr. Anderson to accept the Bureauís recommendation and authorize closure.  Seconded by Dr. Nelson, motion carried.

 

Mr. Hetrick presented complaint case CHI-P3A-2-2007-22 for Board determination.  Moved by Dr. Nelson that the Board accept the Bureauís recommendation and authorize closure.  Seconded by Dr. Anderson, motion carried.

 

PROPOSED RULES

 

Mr. Hales presented the proposed rules for review and discussed the recommendations from the sub-committee.  Moved by Dr. Anderson that the Board adopt the changes that were discussed in the proposed rules and present it for the 2008 Legislation.  Seconded by Dr. Haug, motion carried.

 

EXECUTIVE SESSION

 

Moved by Dr. Nelson that the Board enter executive session to discuss applications exempt from public disclosure per Idaho Code 67-2345(1)(d).  Seconded by Dr. Anderson, motion carried.

 

Moved by Dr. Nelson that the Board enter regular session.  Seconded by Dr. Anderson, motion carried.

 

Moved by Dr. Nelson that the Board grants Dr. Michael Gott reinstatement of his chiropractor license with a condition that he must meet the terms of his criminal probation and until it is completed that he shall be on probation with the Board and must practice under supervision of a licensed chiropractor in Idaho approved by the Board and the Board shall be authorized to inspect Dr. Gottsís client medical records at any time during his probation period.  Seconded by Dr. Anderson, motion carried.

 

Moved by Dr. Anderson that the Board deny the endorsement application for Dr. Joel Jaureguito based upon not meeting the 5 years of consecutive experience immediately prior to application and that he can apply as new applicant after passing NBCE Part IV.

 

Moved by Dr. Haug that the Board deny the endorsement application for Dr. Stephen Herbst based upon not meeting the requirements of passing NBCE Part III and the SPEC section.  Seconded by Dr. Anderson, motion carried.

 

SCOPE OF PRACTICE

 

The Board discussed Cold Lazer LLLT Therapy and referred it to Mr. Hales to research for the next meeting.

 

NEXT MEETING DATE

 

The Board scheduled a conference call meeting for January 9, 2008 at 12:30 Boise time.

 

CONTINUING EDUCATION COURSES

 

The Board reviewed continuing education courses for approval.

 

Moved by Dr. Nelson that the Board approve the 3 parts of the Clinical Pharmacology course for 15 hours each from the College of Naturopathic Medicine and Surgery.  Seconded by Dr. Haug, motion carried.

 

Moved by Dr. Nelson that the Board approve California Chiropractic Associationís Seminar titled Adjustive Technique for 12 hours.  Seconded by Dr. Haug, motion carried.

 

Moved by Dr. Nelson that the Board approve the course titled Stim plus Pro for 12 hours.  Seconded by Dr. Anderson, motion carried.

 

Moved by Dr. Nelson that the Board approve the course titled Pulmonary & Cancer Rehabilitation Program Implementation for 16 hours.  Seconded by Dr. Anderson, motion carried.

 

Moved by Dr. Nelson that the Board approve the continuing education for IACP titled Medicare Billing and Coding and DOT Physicals for 12 hrs.  Seconded by Dr. Anderson, motion carried.

 

Moved by Dr. Anderson that the board meeting adjourn at 1:05 pm.  Seconded by Dr. Nelson, motion carried.