IDAHO BOARD OF CHIROPRACTIC PHYSICIANS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 3/11/2009

 

 

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:                           Dawn Hall, Deputy Bureau Chief

                                                            Roger Hales, Administrative Attorney

                                                            Karin Magnelli, Deputy Attorney General

                                                            Dave Hotchkiss, Complaint Coordinator

                                                            Marilyn London, Technical Records Specialist

 

OTHERS PRESENT:                     Dr. James Said, Applicant

                                                            Dr. Mark Glanzer, Applicant – (via phone)

                                   

Meeting was called to order at 9:05 AM MDT by Shannon Gaertner-Ewing, D.C.

 

 

APPROVAL OF MINUTES

 

The Board reviewed the January 14, 2009 minutes. Moved by Dr. Nelson to approve the January 14, 2009 minutes. Seconded by Ms. Schroeder, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Hall reported that this Board does not have any proposed legislation this year.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report, which indicates a balance of $108,904.17 as of February 28, 2009.

 

CONSENT ORDER

 

Ms. Magnelli presented the Board a Consent Order for case CHI-2007-12. Moved by Dr. Nelson to approve the Consent Order for case CHI-2007-12 and authorize the Chair to sign on behalf of the Board. Seconded by Dr. Haug, motion carried.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss presented the investigative report:

 

Fiscal Year 2009 (to date)

            Total Complaints received                                                                            3

            Status:

                        Remaining under investigation                                                         3

 

Fiscal Year 2008

            Total Complaints received                                                                           14

            Status:

                        Closed by Board action                                                                      5

                        Closed following disciplinary action                                                 4

                        Pending Office of the Attorney General                                            2

                        Remaining under investigation                                                          3

 

Fiscal Year 2007

            Total Complaints received                                                                           25

                        (Including 3 CE audit files.)

            Status:

                        Closed by Board action                                                                    15

                        Closed following disciplinary action                                                 4

                        Pending Office of the Attorney General                                            3

                        Remaining under investigation                                                          1

                        Awaiting Board determination                                                           2

 

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-2007-15                     C alleged R is dishonest in practice informing C that massages, pillows, etc are covered through insurance only later to be billed for services not covered by insurance for treatment that was meaningless due to lack of documentation by R. INV revealed that R provided complete records to document treatment.  INV also revealed that the complaint was purely a billing issue; that C had threatened filing a complaint if the billings for services were not reduced; and that due to C's bankruptcy, R wrote off substantial charges.  INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.  Moved by Dr. Haug to accept the Bureau’s recommendation and authorize closure. Seconded by Dr. Nelson, motion carried.

 

I-CHI-2007-23                     C alleges R is providing acupuncture to multiple patients without being licensed as an ACU.  IBOL records do not contain ACU licensure information for R. Such practice would constitute practice beyond the scope of CHI licensure. INV revealed that R uses micro current treatment and not acupuncture.  R provided complete documentation of treatment. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.  Moved by Dr. Nelson to accept the Bureau’s recommendation and authorize closure. Seconded by Dr. Haug, motion carried.

 

OLD BUSINESS

 

TEMPORARY AND INTERN PERMITS

 

The Board reviewed the law and rule on temporary permits and discovered there are inconsistencies. Mr. Hales recommended that the Board clean up the rule to match the law. Moved by Dr. Nelson to revise the rule and in the meantime to interpret it to allow one failed exam and issue temporary permit for twelve months, and require that the applicant must take the next scheduled exam. The permit will cancel upon notice of a second exam failure or 12-months, whichever is earlier. Seconded by Dr. Haug, motion carried.

 

The Board reviewed the draft temporary permit application. Moved by Dr. Haug to change the temporary application to reflect the changes discussed by the Board. Seconded by Dr. Nelson, motion carried.

 

The Board reviewed the rules for the intern permits. The Board stated that intern permits can only be issued to chiropractic students that have not yet graduated. Moved by Dr. Haug to direct Mr. Hales to work on a rule change for the internship and temporary permit rules and bring the draft to the Board for review. Seconded by Ms. Schroeder, motion carried.

 

EXECUTIVE SESSION

 

Moved by Dr. Nelson to enter executive session to review an application 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 to enter regular session. Seconded by Dr. Nelson, 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. Anderson to approve Dr. Said for licensure and to have a final order drafted to include a fine of $500. Seconded by Dr. Haug, motion carried.

 

PROPOSED LAW CHANGE

 

The Board reviewed the proposed law change. Dr. Gaertner-Ewing will present the draft to the Idaho Association of Chiropractic Physicians for support.

 

NEW BUSINESS

 

PROPOSED RULE ADDITIONS

 

Dr. Gaertner-Ewing presented a list of proposed rule suggestions that the appointed ethics sub-committee came up with. The ethics sub-committee included the following chiropractors: Dr. Allen Barnes; Dr. Shannon Gaertner-Ewing; Dr. Tim Klena; Dr. Corey Matthews; Dr. Richard Hauser; Dr. Grayson Bloom; Dr. Jennifer Coffey; and Dr. Larry Nelson.  Mr. Hales will review the list and review the chiropractic law for any duplication and draft an ethics code and additional rule changes for the Board to review.

 

EXECUTIVE SESSION

 

Moved by Dr. Nelson to enter executive session to discuss possible litigation exempt from public disclosure per Idaho Code 67-2345(f). 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. Anderson to enter regular session. 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.

 

CONTINUING EDUCATION

 

Dr. Gaertner-Ewing discussed continuing education and the possibility of requiring new licensees to take a three hour course on the chiropractor laws and rules. The course would be presented by the Board.

 

Discussion was held regarding correspondence from the Idaho Association Chiropractic Physicians, which expressed a concern regarding the monitoring of continuing education. There are chiropractor colleges that are providing twelve hours of continuing education in one day and the concerns are if this is too many hours for one day.  No motion was made.

 

NATIONAL BOARD OF CHIROPRACTIC EXAMINERS

 

The NBCE is requesting Board members to attend the spring and fall Part IV Exam and June Part IV Test Committee meeting. Dr. Gaertner-Ewing will be attending the June 12 – 13, 2009 Part IV Test Committee meeting and November 13 – 15, 2009 Part IV exam. Dr. Haug will attend the May 15 – 17, 2009 Part IV exam if schedule permits. Dr. Anderson will attend the November 13 – 15, 2009 Part IV exam if schedule permits.

 

CONTINUING EDUCATION AUDIT

 

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

 

PEER REVIEW PROCESS

 

The Board reviewed the peer review process starting from receiving a case until it is completed and the reports are sent to the appropriate people.

 

EXECUTIVE SESSION

 

Moved by Dr. Haug that the Board enter executive session to review an application exempt from public disclosure, per Idaho Code 67-2345(1)(d). Seconded by Dr. Nelson, 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 to enter regular session. Seconded by Dr. Nelson, 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. Anderson to reinstate the chiropractic license for Dr. Mark Glanzer. Seconded by Ms. Schroeder, motion carried.

 

CORRESPONDENCE

 

The Board reviewed a letter regarding telemedicine. Moved by Dr. Anderson to direct Mr. Hales to respond. Seconded by Dr. Nelson, motion carried.

 

The Board discussed a letter form the Oregon Attorney General’s Office on fee-splitting arrangements. Mr. Hales suggested that the information be sent to the Attorney General’s Office of Consumer Protection for review.

 

CONTINUING EDUCATION COURSES

 

The Board reviewed courses from the Idaho Association of Chiropractic Physicians. Moved by Dr. Nelson to approve the listed courses for the May 1 – 2, 2009 meeting. Seconded by Dr. Haug, motion carried.

 

The Board reviewed a continuing education course by Dr. Weltch titled, “The Class Adjustive Technique.” Moved by Dr. Nelson to approve this course for 12 hours. Seconded by Dr. Haug, motion carried.

 

The Board reviewed a continuing education course by Carrick Institute.  Moved by Dr. Nelson to approve this course for 15 hours. Seconded by Dr. Haug, motion carried.

 

PEER REVIEW

 

The Board reviewed with Mr. Hales a document from the Attorney General’s Office regarding a possible conflict in the peer review rule. The document also recommended another possible change in the Idaho Code 54-715 Peer Review Committee from the Board of Examiners to the Board of Chiropractor Physicians. Mr. Hales will review the document and law and rules for any concerns that may need correcting.

 

NEXT MEETING

 

The Board scheduled a conference call meeting for March 17, 2009 at 12:30 PM MDT and conference call meeting for July 15, 2009 at 12:30 PM MDT.

 

ADJOURNMENT

 

Moved by Dr. Haug to adjourn the meeting at 3:10 p.m. MDT. 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