IDAHO BOARD OF CHIROPRACTIC PHYSICIANS
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
Board Meeting Minutes of 6/18/2008
BOARD MEMBERS PRESENT: Shannon Gaertner-Ewing D.C. - Chair
Geffery D Anderson D.C.
Larry D Nelson D.C.
Robert Wallace Haug D.C.
BOARD MEMBERS ABSENT: Jun Shiosaki
BUREAU STAFF: Tana Cory, Bureau Chief
Dawn Hall, Deputy Bureau Chief
Budd Hetrick, Deputy Bureau Chief
Karl Klein, Deputy Attorney General
Roger Hales, Administrative Attorney
Marilyn London, Technical Records Specialist I
OTHERS PRESENT: Kris Ellis, ID Association of Nurse Anesthetists
Meeting was called to order at 9:45 AM MDT by Shannon Gaertner-Ewing.
APPROVAL OF MINUTES
The Board reviewed the April 9, 2008 conference call minutes. Moved by Dr. Nelson to approve the April 9, 2008 minutes. Seconded by Dr. Anderson, motion carried.
Ms. Cory informed the Board that any law or rule changes must be submitted in August.
Ms. Hall presented the financial report which indicates a balance of $111,009.78. The Bureau does not recommend lowering the renewal fees at this time. The Bureau will continue to monitor the balance and reserves.
RECOMMENDED ACTION ON DISCIPLINARY COMPLAINTS
Mr. Klein presented case CHI-2005-7 for review. Moved by Dr. Nelson that the Board close the file and send a warning letter to the respondent. Seconded by Dr. Anderson, motion carried.
Mr. Klein presented cases CHI-2005-8 and CHI-2007-12 for review. After review and discussion recommendations were given for each case.
Mr. Hetrick presented the investigative report:
Fiscal year 2008: To date, fourteen (14) complaints were received. Of those, four (4) are pending legal review by the Office of the Attorney General; seven (7) are under investigation; and three (3) were closed by Board action.
Fiscal year 2007: Twenty-five (25) complaints were received. Of those, ten (10) were closed by Board action; three (3) were closed following disciplinary action; four (4) are pending legal review by the Office of the Attorney General; eight (8) remain under investigation.
Fiscal year 2006: Eleven (11) complaints were received. Of those, nine (9) were closed by Board action; one (1) was closed following disciplinary action; and one (1) remains under investigation.
Fiscal year 2005: Eighteen (18) complaints were received. Of those, fourteen (14) were closed by Board action; one (1) was closed following disciplinary action; three (3) are pending legal review by the Office of the Attorney General.
Fiscal year 2004: Twenty-two (22) complaints were received. Of those, eighteen (18) were closed by Board action; three (3) were closed following disciplinary action; and one (1) is pending legal review by the Office of the Attorney General.
Dr. Gaertner-Ewing attended the FCLB meeting and the meeting on the Part IV examination. She stated that the number one problem among chiropractors is documentation. NBCE has written an exam on boundaries and ethics. This is being used by other jurisdictions for disciplined chiropractors wanting to reinstate their license. Also discussion included International Chiropractor Colleges and how other jurisdictions are determining if the education is equal to an accredited chiropractor college in the United States.
Dr. Gaertner-Ewing stated that if a member of the Chiropractor Board is approached by the media regarding licensing issues they should refer them to the Bureau.
NBCE sent information on the Part IV examination and the new eligibility requirements. Each chiropractor student must complete the Part I examination under the new requirements prior to taking the Part IV examination.
Ms. Cory presented a letter from FCLB that was sent to the Governor commending the Chiropractor Board and extended special recognition to Dr. Gaertner-Ewing.
The Board reviewed the returned surveys that were mailed to all licensed chiropractors regarding adding a code of ethics and a standard of record keeping in the rules. The majority of the returned surveys were in favor of adding a code of ethics and a standard of record keeping in the chiropractor rules.
The Board decided to appoint two committees to work on draft rules. Dr. Anderson and Dr. Haug will work on the standard of recording keeping committee. Dr. Gaertner-Ewing and Dr. Nelson will work on the code of ethics committee. A letter will be sent out to all licensed chiropractors in Idaho asking for volunteers to work on one of these committees.
The Board had pulled the bill from the 2008 Legislative Session because of concerns. They will continue to work toward a solution regarding the law change. The Board requested that Mr. Hales rewrite the law change and bring it back to the next Board meeting for review. The Board will work toward a law change for the 2010 Legislative Session.
The Board reviewed an e-mail letter from a chiropractor with questions on the new rules. The Board directed Mr. Hales to respond to the letter on behalf of the Board.
CONTINUING EDUCATION COURSES
The Board reviewed continuing education courses from chiropractors requesting approval. Moved by Dr. Anderson that the Board approve the following continuing education training:
Diplomate in Clinical Nutrition
Extremity Adjusting Workshop
Montana Chiropractic Association 2008 Annual Convention/Exp
Acupuncture Adventure 2008
Seconded by Dr. Nelson, motion carried.
Moved by Dr. Anderson to deny the continuing education course titled, “Business Philosophy,” based upon Rule 350.01.c, which states the course must be germane to the practice of chiropractic. Seconded by Dr. Haug, motion carried.
Mr. Hales presented the Board a letter that he had written regarding their question on using multiple fee schedules. The chiropractor act does provide for it in the context of the Peer Review Committee. However, the Board’s laws and rules do not specifically address whether or not a chiropractor can utilize a multiple fee schedule.
Mr. Hales presented the Board a memo regarding his research on the regulation of laser devices. Lasers are labeled in different classes. A cold laser device classified by the FDA as a Class I or II medical device would not be practicing medicine, and chiropractors could legally utilize such a device. The Board further requested Mr. Hales review state law including the Board of Pharmacy law and rules regarding this issue.
NEXT BOARD MEETING
The Board scheduled a conference call board meeting for September 24, 2008 at 12:30 pm MDT.
Moved by Dr. Nelson to adjourn the meeting at 12:45 pm MDT. Seconded by Dr. Haug, motion carried.