IDAHO BOARD OF CHIROPRACTIC PHYSICIANS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Conference Call Minutes of 1/14/2009

 

 

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

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

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

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Robert W. Haug, D.C.

 

 

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Dawn Hall, Deputy Bureau Chief

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† James Stoll, Administrative Attorney

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

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Marilyn London, Technician Records Specialist

                   ††††

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

 

 

APPROVAL OF MINUTES

 

The Board reviewed the September 24 and November 12, 2008 minutes. Moved by Dr. Haug to approve the September 24 and November 12, 2008 minutes. Seconded by Dr. Nelson, motion carried.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report, which indicates a balance of $106.003.59. The Bureau will continue to monitor the Boardís cash balance. The Governor has asked that reductions be made in state general fund budgets. The Bureau is not subject to the holdback, but did come in under budget last year and watches its expenditures closely.

 

STIPULATIONS AND CONSENT ORDERS

 

Mr. Klein presented the stipulation and consent order for case CHI-2007-10. Dr. Anderson recused himself from the discussion. Mr. Klein reviewed with the Board a letter from the chiropractorís employer stating they were an employee and did not control the marketing or the financial matters of the office. Moved by Dr. Haug to accept the stipulation and consent order for case CHI-2007-10 and authorize the chair to sign on behalf of the Board. Seconded by Dr. Nelson, motion carried.

 

Mr. Klein presented the stipulation and consent order for case CHI-2007-12. Moved by Dr. Anderson that the Attorney Generalís Office revise the stipulation and consent order as directed by the Board. Seconded by Dr. Nelson, motion carried.

 

Mr. Klein presented the stipulation and consent order for case CHI-2008-8. Dr. Gaertner-Ewing recused herself from the discussion. Vice-Chair Dr. Anderson took over as chair. Moved by Dr. Nelson that the Board accept the stipulation and consent order for case CHI-2008-8 and authorize the vice-chair to sign on behalf of the Board. Seconded by Ms. Schroeder, motion carried.

 

Recommended Action on Disciplinary Complaints

 

Mr. Klein presented case CHI-2008-2 for the Board to review. Dr. Gaertner-Ewing and Dr. Anderson recused themselves from the discussion. Dr. Nelson filled in as Chair. Moved by Dr. Haug that the Board accept the Attorney Generalís recommendation for closure of case CHI-2008-8. Seconded by Ms. Schroeder, motion carried.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss presented the investigative report:

 

Fiscal Year 2009 (to date)

            Total Complaints received             ††††††††††††††                                      2

            Status:

                        Remaining under investigation                               2

 

Fiscal Year 2008

            Total Complaints received                                                              14

            Status:

                        Closed by Board action                                           4

                        Closed following disciplinary action                        1

                        Pending Office of the Attorney General                  4

                        Remaining under investigation                                4

                        Awaiting Board determination                                 1

 

Fiscal Year 2007

            Total Complaints received                                                                 25

                        (Including 3 CE audit files.)

            Status:

                        Closed by Board action                                           14

                        Closed following disciplinary action                           4

                        Pending Office of the Attorney General                     4

                        Remaining under investigation                                  3

 

Fiscal Year 2006

            Total Complaints received                                                                  11

            Status:

                        Closed by Board action                                              9

                        Closed following disciplinary action                           1

                        Pending Office of the Attorney General                     1

 

Fiscal Year 2005

            Total Complaints received                                                                   18

                        (Including 1 CE audit file.)

            Status:

                        Closed by Board action                                             15

                        Closed following disciplinary action                             2

                        Pending Office of the Attorney General                       1

 

 

For Board Determination:

 

I-CHI-2008-14         C alleged that the R will not release the Cís records.  C also stated that the R charged different prices for the same treatment. INV revealed the R did release the records.  INV did not reveal any evidence to support the allegations or a violation.  IBOL recommends the Board authorize closure. Moved by Dr. Haug to accept the Bureauís recommendation and authorize closure. Seconded by Dr. Nelson, motion carried.

 

OLD BUSINESS

 

CORRESPONDENCE

 

The Board reviewed the Federation of Chiropractic Licensing Boards invoice regarding 2009 dues and conference registration fees. The options include paying separate or combining both fees. Moved by Dr. Anderson that the Board choose option two and pay separate. Seconded by Dr. Nelson, motion carried.

 

The Board reviewed the National Board of Chiropractic Examiners delegate position request for the May 8, 2009 meeting in Hollywood, California. Moved by Dr. Nelson that the Board send Dr. Gaertner-Ewing as the delegate. Seconded by Ms. Schroeder, motion carried.

 

The Board reviewed a letter from Dr. Jeff Hartshorn regarding Idahoís laws on telemedicine. Idahoís law does not address telemedicine. After discussion, the Board decided to do some research and contact the FCLB and other states regarding this issue.

 

The Board reviewed a letter from Diane James regarding the practice of medical biofeedback. Moved by Dr. Anderson to send a copy of the laws and rules for her review. Seconded by Dr. Nelson, motion carried.

 

The Board reviewed a letter from chiropractor Dr. Brady Wirick regarding the use of the New Life Elite oxygen concentrator from Elite. Moved by Dr. Nelson to direct Mr. Hales to send a letter regarding the laws on prescriptive and non-prescriptive items. Seconded by Dr. Haug, motion carried.

 

A letter was reviewed from chiropractor Dr. Chris Wight regarding third party services. A letter was sent from the Bureau stating that the Board does not give legal advice and his questions may be answered in the laws and rules or he may choose to seek private legal advice. The Board did not feel it was necessary to address the questions further.

 

PROPOSED LAW

 

The Board reviewed the draft copy of the 2010 proposed law change. Further discussion will be held at the next meeting.

 

NEW BUSINESS

 

The Board reviewed the applications for the 2009 peer review committee. Moved by Dr. Anderson to approve the following chiropractors for the 2009 peer review committee:

 

††††††††††† Joseph Betz

††††††††††† Gregory Ferch

††††††††††† Lynn Hansen

††††††††††† Craig Manning

††††††††††† Patrick Mayo

††††††††††† Daryl Reoch

††††††††††† William Robison

††††††††††† Lawrence Sassadeck

††††††††††† L Eric Thompson

 

Seconded by Dr. Haug, motion carried.

 

FEE FACTS

 

The Board discussed the fee facts book that is used by the peer review committee. This book was last updated 2005 and the publishing company DATA Management Ventures, Inc. will not be doing any further updates. Dr. Anderson and Dr. Garetner-Ewing will do research on this issue.

 

TEMPORARY PERMITS

The Board discussed the rules for temporary permits regarding failed exams. After reviewing the rules, the Bureauís legal counsel stated that work permits cannot be issued if an applicant has failed any of the NBCE exam sections. The Bureau will review the temporary application and add this information to the form.

 

CE COURSES

The Board reviewed a continuing education course titled ďRight In your Back YardĒ for 12 hours sponsored by the California Chiropractic Association. Moved by Dr. Haug to approve this course for 12 hours. Seconded by Ms. Schroeder, motion carried.

 

The Board reviewed continuing education from the Medical Educator Consortium. The Board requested that a letter be sent requesting more information on the course.

 

The Board reviewed continuing education courses for chiropractors Keith Hoyt and Barry Sherwood and the district meeting trainings presented by the Idaho Association of Chiropractic Physicians. Moved by Dr. Anderson to approve these continuing education courses. Seconded by Nelson, motion carried.

 

EXECUTIVE SESSION

 

Moved by Dr. Anderson that the Board enter executive session to review applications exempt from public disclosure, per Idaho Code 67-2345(1)(d). Seconded by Dr. Haug, motion carried. Individual votes 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 that the Board enter regular session. Seconded by Dr. Anderson, motion carried. Individual votes 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 that the reinstatement application of DCA-1354 be reviewed further at the next meeting and to request that the applicant address the Board by conference phone. Seconded by Ms. Schroeder, motion carried.

 

Moved by Dr. Anderson that the endorsement application of DCA-1330 be reviewed further at the next meeting and request that the applicant attend the meeting in person. Seconded by Ms. Schroeder, motion carried.

 

WALL CERTIFICATES

 

The Board discussed the wall certificates and Board member signatures. The Board agreed to have their signatures scanned so they will print out on each certificate.

 

NEXT MEETING

 

The next Board meeting is scheduled for March 25, 2009 at 9:00 a.m. at the Bureau.

 

ADJOURNMENT

 

Moved by Dr. Anderson to adjourn the meeting at 2:55 PM MST. Seconded by Dr. Nelson, motion carried.

_________________________________††††† _________________________________

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

_________________________________††††† _________________________________

Glady Schroeder††††††††††††††††††††††††††††††††††††††††††††† Larry D. Nelson, D.C.

_________________________________††††† _________________________________

Robert W. Haug, D.C.†††††††††††††††††††††††††††††††††††† Tana Cory, Bureau Chief