IDAHO BOARD OF CHIROPRACTIC PHYSICIANS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 7/15/2009

 

 

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

                                                             Geffery D. Anderson, D.C.

                                                             Glady Schroeder

                                                             Larry D. Nelson, D.C. – by phone

                                                             Robert W. Haug, D.C.

 

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Administrative Support Manager

                                                            Lori Peel, Investigative Unit Supervisor

                                                            Roger Hales, Administrative Attorney

                                                            Karl Klein, Deputy Attorney General

Karin Magnelli, Deputy Attorney General

Dave Hotchkiss, Complaint Coordinator

Marilyn London, Technical Records Specialist

 

                                   

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

 

 

APPROVAL OF MINUTES

 

The Board reviewed the Board meeting minutes from the March 11th,

March 17th, and April 29, 2009 meetings.  There was a typo error noted in the March 11, 2009 minutes. Moved by Dr. Anderson to approve the March 11th, March 17th, and April 29, 2009 minutes. Seconded by Dr. Haug, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory reported that the Bureau has three new professional Boards as of July 1, 2009. The growth of the Bureau has created the need for full-time legal counsel. Karl Klein will be filling this position. Budd Hetrick is retiring from the Bureau and Lori Peel from the Attorney General’s Office will be filling his position.

 

Ms. Hall is working on the new Board contract and it should be ready for review by the next Board meeting.

 

OPEN MEETING LAW

 

Mr. Hales explained the new changes to the open meeting law regarding agenda items. Any addition to the agenda within 48 hours of the open meeting requires a motion from the Board at the beginning of the meeting to add the items.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report showing a balance of $107,798.19 as of June 30, 2009. The Board is in good shape financially, but the Bureau feels a decrease in fees is not appropriate at this time.

 

RECOMMENDED ACTION ON DISCIPLINARY COMPLAINTS

 

Ms. Magnelli presented the Board a memorandum on case CHI-2007-14. Moved by Dr. Anderson to accept the recommendation and close case CHI-2007-14. Seconded by Dr. Haug, motion carried.

 

Ms. Magnelli presented cases CHI-2007-15 and CHI-2008-9. Moved by Dr. Haug to accept the recommendation and close cases CHI-2007-15 and CHI-2008-9 and send a letter expressing concern that a signed consent form was not completed. Seconded by Ms. Schroeder, motion carried.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss presented the investigative report which can be found on the website www.ibol.idaho.gov.  

 

For Board Determination:

 

I-CHI-2009-8           C alleged R was practicing as a CHI while suspended previously from the Board. INV revealed R has not practiced since R was placed on suspension.  INV did not reveal evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure. Dr. Gaertner-Ewing recused from discussion and Dr. Anderson stepped in as Chair. Moved by Dr. Haug to accept the recommendation and close case I-CHI-2009-8. Seconded by Dr. Nelson, motion carried.

 

PROPOSED LAW AND RULES

 

Mr. Hales reviewed the draft proposed law with the Board. Moved by Dr. Nelson to send the Chiropractic Association a copy for their review and wait for a response. Seconded by Dr. Anderson, motion carried.

 

Mr. Hales reviewed the draft proposed rules with the Board. The rules have to be submitted to the Department of Administrative Rules by August 28, 2009. Moved by Dr. Anderson to remove the Code of Ethics section (Rule 225) and submit the proposed rules for the 2010 Legislative Session. Seconded by Dr. Haug, motion carried.

 

Dr. Gaertner-Ewing further discussed the proposed rules regarding the code of ethics and the work the ethics committee put into the draft. Moved by Dr. Nelson that a letter and copy of the proposed rules on the code of ethics be sent to the Chiropractic Association and ask that they respond with written comments by August 5, 2009. Seconded by Dr. Haug, motion carried.

 

OLD BUSINESS

 

Dr. Gaertner-Ewing discussed a previous situation regarding an out-of-state chiropractor who was intending to use a juvenile to demonstrate a chiropractic technique at an Idaho educational seminar. The Board wrote a letter stating the Idaho Chiropractic law does not allow the practice of chiropractic without Idaho licensure.  Further review of Idaho Code 54-705(d) states an out-of-state  chiropractor can demonstrate for education purposes.

 

The Board discussed the 2005 Fee Facts book that has been used by the Peer Review Committee. Dr. Anderson will review a Chiro-Code Program to determine if it is something that can be used as a reference for the peer review committee and report to the Board at a later meeting. Moved by Dr. Anderson to write the 2009 Peer Review Committee and ask that they not use the 2005 Fee Facts book that was sent to them and use their own judgment on any peer review cases. Seconded by Dr. Haug, motion carried.

 

EXECUTIVE SESSION

 

Moved by Dr. Anderson that the Board 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 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.         

 

NEW BUSINESS

 

Moved by Dr. Haug that the Board issue a license to Dr. Joshua Srstka. Seconded by Dr. Nelson, motion carried.

 

The Board discussed continuing education trainings presented at district meetings. Moved by Dr. Anderson that the Bureau write a letter to the Chiropractic Association informing them that any continuing education training must be approved by the Board before advertising as approved. Seconded by Dr. Nelson, motion carried.

 

CORRESPONDENCE

 

The Board reviewed a letter regarding massage therapists working in a chiropractor office and the billing issues. Moved by Dr. Haug to send a letter recommending that the chiropractor seek legal counsel and review the chiropractic Rule 550. Seconded by Dr. Nelson, motion carried.

 

The Board reviewed a letter from a chiropractor regarding using German-made homeopathic remedies. Moved by Dr. Anderson that a letter be sent stating

that they should review the laws and rules and that chiropractors are not allowed to use prescriptive drugs. Seconded by Dr. Haug, motion carried.

 

The Board reviewed a letter from a drug company asking if it can sell homeopathic prescription drugs to licensed Idaho chiropractors. Moved by Dr. Anderson that the Board send a letter and refer to the law that states chiropractors are not allowed to use prescriptive or legend drugs. Seconded by Dr. Haug, motion carried.

 

CE COURSES

 

The Board reviewed continuing education documents for the reinstatement of license Chia-321. Moved by Dr. Haug to approve the continuing education courses and reinstate the license. Seconded by Dr. Anderson, motion carried.

 

The Board reviewed a request for approval of a home study course for six hours of continuing education.  Moved by Dr. Anderson to deny the request for the home study course based upon being non-monitored. Seconded by Dr. Nelson, motion carried.

 

The Board reviewed the continuing education request from Redpine Services. Moved by Dr. Haug to deny the request for approved continuing education based upon not meeting the continuing education Rule 350.01c, which states the course must be germane to the practice of chiropractic. Seconded by Dr. Anderson, motion carried.

 

The Board reviewed a continuing education request from the Imaging Center of Idaho. Moved by Dr. Haug that the Board approve the continuing education course “Advanced Spinal Imaging” for one hour. Seconded by Dr. Nelson, motion carried.

 

The Board reviewed a continuing education course from the Chiropractic Association for the District #3 meeting. Moved by Dr. Haug that the Board approve the continuing education one hour course on ICD -10 Diagnosis codes. Seconded by Dr. Anderson, motion carried.

 

The Board reviewed a continuing education course from Chiropractic Biophysics Seminars for eight hours. Moved by Dr. Haug to approve the continuing education seminar for eight hours. Seconded by Dr. Nelson, motion carried.

 

The Board reviewed a continuing education seminar from the California Chiropractic Association 2009 Convention. Moved by the Board to approve the seminar for 21.5 hours. Seconded by Dr. Anderson, motion carried.

 

The Board reviewed a continuing education course from Bret Dirks on the lower back for two hours. Moved by Dr. Haug to approve the continuing education course for two hours. Seconded by Ms. Schroeder, motion carried.

 

FCLB DISTRICT MEETING

 

The next FCLB Districts I & IV Regional Meeting is scheduled for October 1 – 4, 2009 in South Dakota. Moved by Dr. Nelson to approve Dr. Gaertner-Ewing to attend this meeting and pay expenses according to State guidelines. Seconded

by Dr. Haug, motion carried.

 

NEXT BOARD MEETING

 

Dr. Haug requested to add an agenda item for the next meeting regarding outside counsel.

 

The Board scheduled a conference call meeting for August 10, 2009 at 12:30 PM MDT and Board meeting for October 21, 2009 at 9:00 AM MDT

 

ADJOURNMENT

 

Moved by Dr. Haug to adjourn the meeting at 12:30 PM MDT. Seconded by Ms. Schroeder, 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