Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
Larry D. Nelson, D.C.
Karin Magnelli, Deputy Attorney General
Karl Klein, Administrative Attorney
John Kersey, Chief Investigator
Marilyn London, Technical Records Specialist
OTHERS PRESENT: Ryan Fitzgerald, Principle Strategic Advisor
Dr. Henry West, Chiropractor
APPROVAL OF MINUTES
The Board reviewed the Board meeting minutes from the July 15, and August 10, 2009 meetings. It was moved by Dr. Nelson to approve the July 15, and August 10, 2009 minutes. Seconded by Ms. Schroeder, motion carried.
Ms. Cory reported that the proposed rules have been submitted to the Legislature, have been published, and can be reviewed on the web.
Ms. Hall presented the financial report, which shows a balance of $104,026.30 as of September 30, 2009.
Ms. Hall presented the Renewal Addendum of Agreement for Services. It was moved by Dr. Nelson to accept the Renewal and authorize the Chair to sign on behalf of the Board. Seconded by Dr. Haug, motion carried.
RECOMMENDED ACTION ON DISCIPLINARY COMPLAINT
Ms. Magnelli presented case CHI-2008-6 for recommended action. After review, the Board presented its recommendations regarding case CHI-2008-6.
Mr. Hotchkiss presented the investigative report.
For Board Determination:
I-CHI-2008-9 C alleged R is advertising as a Chiropractic Neurologist on local radio stations. INV revealed R is credentialed by the American Chiropractic Neurology Board, and the Board of Medicine advised the Investigator that it has no problem with R’s advertising. IBOL recommends the Board authorize closure. It was moved by Dr. Nelson to authorize closure for case I-CHI-2008-9. Seconded by Dr. Haug, motion carried.
OPEN MEETING LAW CHANGES
Mr. Klein presented the Board members a copy of the July 2009 Idaho Open Meeting Law Manual. He also informed the Board of the new changes to the open meeting law.
CODE OF ETHICS
The Board discussed the Code of Ethics proposed rules. Mr. Fitzgerald, addressed the Board on behalf of Idaho Association of Chiropractic Physicians and would like to be apart of the ethics sub-committee meetings. Dr. Gaertner-Ewing has research information from the October Federal of Chiropractor Licensing Boards District meeting to share with the sub-committee.
Dr. Anderson presented information on the Chiro-Code program to replace the outdated Fee Facts used by the Peer Review Committee. It was moved by Dr. Nelson that the Board purchase the Chiro-Code to be used by the Peer Review Committee. Seconded by Dr. Haug, motion carried.
CONTINUING EDUCATION TRAINING
The Board discussed having trainings on the laws and rules and offering continuing education credit. Dr. Gaertner-Ewing stated that there has been research from other jurisdictions showing that after requiring study of the laws and rules, the number of disciplinary cases has been reduced. The Board decided to discuss this issue with the Chiropractic Association to see if it is willing to provide law and rule training at its District Meetings for continuing education credit.
SCOPE OF PRACTICE
Dr. Henry West presented the
Board a document and addressed issues that concerns chiropractic practice in
FCLB DISCTICT MEETING
attended the October 2009 FCLB District meeting in
Dr. Haug discussed with the Board and Bureau the possibility of putting aside money for outside counsel. Ms. Cory explained that Mr. Klein is a full-time attorney for the Bureau and that the Bureau also has access to the Attorney General’s Office for additional help if needed. The budget has already been set for 2010. Dr. Haug stated that now that the Bureau has full-time counsel, he does not think outside counsel is needed.
Mr. Kersey requested names of chiropractors from the Board to help with disciplinary cases. The Board suggested that he contact chiropractors from the 2009 Peer Review Committee.
It was moved by Dr. Haug
that the Board enter executive session under Idaho Code 67-2345(1)(d) to consider
records that are exempt from disclosure under the Idaho Public Records Law. The
purpose of the Executive Session was to consider license application materials.
Seconded by Dr. Anderson, motion carried. Individual votes for this motion
were: Dr. Anderson, aye; Dr. Nelson, aye; Dr. Haug, aye; Dr. Gaertner-
It was moved by Dr. Haug
that the Board enter regular session. Seconded by Dr. Nelson, motion carried. Individual
votes for this motion were: Dr. Anderson, aye; Dr. Nelson, aye; Dr. Haug, aye;
It was moved by Dr. Haug
that the application of 901109312 be put into pending status until receipt of a
passing score on the NBCE Special Purposes Examination for Chiropractors
(SPEC). Seconded by
It was moved by Dr. Nelson that the Board issue a license to Dr. Steven Baker. Seconded by Dr. Haug, motion carried.
The Board reviewed correspondence and referred a letter regarding whiplash associated disorders (WAD) cases to the Chiropractic Association.
CONTINUING EDUCATION COURSES
It was moved by Dr. Anderson that the Board deny the JMB Tax Education Seminar for continuing education credit and approve the following courses for continuing education credit:
CCA Fall 2009 Right in your Back Yard Re-licensing Seminar – 12 hours
IACP Red Flag Rules FTC Video – 1 hour
Neurology Diplomat Program for Chiropractors – 6 hours for each course
(843) Functional Neurological Assessment – 15 hours
ICAC 2009, Diverse Seminar: X-Ray – 5 hours; Adjective Technique – 4 hours
Advanced Billing, Coding & Documentation Strategies
Seconded by Dr. Haug, motion carried.
CONTINUING EDUCATION AUDITS
The Board reviewed continuing education audits.
NEXT BOARD MEETING
The Board scheduled a conference call Board meeting for January 27, 2010 at 12:30 PM MST.
It was moved by Dr. Nelson to adjourn the meeting at 1:10 PM MDT. Seconded by Dr. Haug, motion carried.
D.C., Chair Geffery D.
Glady Schroeder Larry D. Nelson, D.C.