IDAHO BOARD OF CHIROPRACTIC PHYSICIANS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Conference Call Minutes of 9/24/2008

 

 

BOARD MEMBERS PRESENT: Shannon Gaertner-Ewing D.C. - Chair

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Geffery D Anderson D.C.

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Larry D Nelson D.C.

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Robert Wallace Haug D.C.

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Glady Schroeder

 

 

BUREAU STAFF: ††††††††††††††††††††††††† Tana Cory, Bureau Chief

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Roger Hales, Administrative Attorney

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Karl Klein, Deputy Attorney General

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Dave Hotchkiss, Investigations Coordinator

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Marilyn London, Technical Records Specialist I

 

 

OTHERS PRESENT:†††††††††††††††††††† Barbara Burke, Court Reporter

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Verl Brent Bell, Chiropractor

                            †††††††

Meeting was called to order at 12:30 PM MDT by Shannon Gaertner-Ewing D.C.

 

Glady Schroeder, new Board member, was introduced and welcomed.

 

APPROVAL OF MINUTES

 

The Board reviewed the June 18, 2008 minutes. Moved by Dr. Nelson to approve the June 18, 2008 minutes. Seconded by Dr. Haug, motion carried.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report which indicates a balance of $107,534.21. She did a quick training on the financial page on the Bureauís website.

 

CONTRACT

 

Ms. Cory presented the Bureau/Board Contract Addendum for Fiscal Year 2009. Moved by Dr. Anderson to approve the contract and authorize the Chair to sign on behalf of the Board. Seconded by Dr. Nelson, motion carried.

 

INVESTIGATIVE REPORT

 

Mr. Dave Hotchkiss presented the investigative report:

 

Fiscal year 2009: To date no complaints have been received.

 

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; six (6) are under investigation; and three (3) were closed by Board action; one (1) is awaiting Board determination.

 

Fiscal year 2007: Twenty-five (25) complaints were received. Of those, eleven (11) were closed by Board action; four (4) were closed following disciplinary action; four (4) are pending legal review by the Office of the Attorney General; four (4) remain under investigation; two (2) are awaiting Board determination.

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) is pending legal review by the Office of the Attorney General.

 

Fiscal year 2005: Eighteen (18) complaints were received. Of those, fifteen (15) were closed by Board action; two (2) were closed following disciplinary action; one (1) is 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 awaiting Board determination.

 

Mr. Hotchkiss presented the following files for Board determination:

 

Case number I-CHI-2004-14: Following review, it was moved by Dr. Haug to accept the Bureauís recommendation and authorize closure. Seconded by Dr. Nelson, motion carried.

 

Case number I-CHI-2007-5: Following review, it was moved by Dr. Haug to accept the Bureauís recommendation and authorize closure. Seconded by Ms. Schroeder, motion carried.

 

Case number I-CHI-2007-24: Following review, it was moved by Dr. Nelson to accept the Bureauís recommendation and authorize closure. Seconded by Dr. Haug, motion carried.

 

Case number I-CHI-2008-10: Following review, it was moved by Dr. Nelson to accept the Bureauís recommendation and authorize closure. Seconded by Dr. Haug, motion carried.

 

MITIGATION HEARING

 

The Board held a mitigation hearing for Dr. Verl Brent Bell case number CHI-2008-5.

 

RECOMMENDED ACTION ON DISCIPLINARY COMPLAINTS

 

Mr. Klein presented case CHI-2007-10 and the Board gave its recommendations.

 

Mr. Klein presented case CHI-2007-13 for review. Moved by Dr. Nelson to authorize closure. Seconded by Dr. Haug, motion carried.

 

EXECUTIVE SESSION

 

Moved by Dr. Anderson that the Board enter executive session to discuss a disciplinary matter exempt from public disclosure, per Idaho Code 67-2345(1)(f). Seconded by Dr. Nelson, motion carried. Individual vote for this motion were: Dr. Anderson, aye; Dr. Nelson, aye; Dr. Haug, aye; Dr. Gaertner-Ewing, aye; and Ms. Schroeder, aye.

 

Moved by Dr. Anderson that the Board enter regular session. Seconded by Dr. Haug, motion carried. Individual vote for this motion were: Dr. Anderson, aye; Dr. Nelson, aye; Dr. Haug, aye; Dr. Gaertner-Ewing, aye; and Ms. Schroeder, aye.

 

Dr. Anderson, vice-chair stepped in as chair for the following motion:

 

Moved by Dr. Gaertner-Ewing that the license of Dr. Verl Brent Bell is suspended for a period of four years, that a $2,000 fine be imposed, and costs and attorney fees be collected. Dr. Bell must comply with the conditions of his probation in his criminal case. Prior to any reinstatement, Dr. Bell must provide to the Board a letter of compliance from his probation officer or the judge, complete a psychology evaluation; successfully complete a drug/alcohol program, and pass the NBCE ethics exam. Upon completion of the reinstatement terms, Dr. Bell must appear before the Board prior to reinstating his license. Seconded by Dr. Nelson, motion carried.

 

OLD BUSINESS

 

The Board discussed appointing a sub-committee for the purpose of clarifying appropriate record keeping documentation. After discussion, the Board decided not to pursue this issue because information was presented showing that the government is requiring electronic health records by the year 2014. The insurance industry also has placed intense requirements on health records.

 

The Board appointed an ethics sub-committee to work on language for a new rule that will define chiropractic ethics. The sub-committee members are: Shannon Gaertner-Ewing; Tim Klena; Corey Matthews; Richard Hauser; Grayson Blom; Alan Barnes; Jennifer Coffey; and Larry Nelson. Moved by Dr. Anderson that the Board pay for the conference call meetings for the ethics sub-committee. Seconded by Dr. Nelson, motion carried.

 

NEW BUSINESS

 

The Board reviewed correspondence from a chiropractor asking if using oxygen is part of the chiropractic scope of practice. The Board directed the Bureau to write a letter requesting additional information.

 

CONTINUING EDUCATION COURSES

 

The Board reviewed a request from Idaho Association of Chiropractic Physicians regarding continuing education trainings at the district meetings. Moved by Dr. Haug to approve the continuing education courses. Seconded by Dr. Nelson. Motion amended by Dr. Anderson to state that only five hours will be approved. Amended motion carried.

 

The Board reviewed a request from the Chiropractors Association of California for a seminar. Moved by Dr. Nelson to approve the seminar for 12 hours. Seconded by Dr. Anderson, motion carried.

 

EXECUTIVE SESSION

 

Moved by Dr. Nelson that the Board enter executive session to discuss an application exempt from public disclousure, per Idaho Code 67-2345 (1) (d). Seconded by Dr. Haug, motion carried. Individual vote for this motion were: Dr. Anderson, aye; Dr. Nelson, aye; Dr. Haug, aye; Dr. Gaertner-Ewing, aye; and Ms. Schroeder, aye.

 

Moved by Dr. Haug to enter regular session. Seconded by Dr. Nelson, motion carried. Individual vote for this motion were: Dr. Anderson, aye; Dr. Nelson, aye; Dr. Haug, aye; Dr. Gaertner-Ewing, aye; and Ms. Schroeder, aye.

††††

APPLICATIONS

Moved by Dr. Anderson to deny the endorsement application for applicant 901030155 based upon Rule 100.02.b.iii., which requires five (5) years of consecutive chiropractic practice immediately prior to application in another state. Seconded by Dr. Nelson, motion carried.

 

NEXT MEETING

 

The Board scheduled their next meeting as a conference call meeting for January 14, 2009 at 12:30 PM MST.

 

ADJOURN

 

The meeting adjourned at 3:00 PM MDT.

 

_________________________________††††† _________________________________

Shannon Gaertner-Ewing D.C., Chair†††††††††††††† Geffery D Anderson D.C.

_________________________________††††† _________________________________

Larry D Nelson D.C.††††††††††††††††††††††††††††††††††††††† Robert Wallace Haug D.C.

_________________________________

Glady Schroeder††††††††††††††††††††††††††††††††††††††††††††† _________________________________

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Tana Cory, Bureau Chief