Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 


 Minutes of 10/21/2009



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, Administrative Support Manager

                                                            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


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





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.




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.




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.




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.




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.




Dr. Henry West presented the Board a document and addressed issues that concerns chiropractic practice in Idaho. Dr. West has a lot of knowledge on the history of Idaho chiropractic practice and information on what other states are doing.  He is in favor of an Advanced Practice Chiropractic Certification that requires advanced training. This information will be presented to the Chiropractic Association.




Dr. Gaertner-Ewing attended the October 2009 FCLB District meeting in South Dakota. She presented information to the Board on the following issues that were discussed: Chiropractic Assistances and the public safety and reimbursement issues; pre-paid treatment plans; record retention; Chiropractor College requirements; and ethics information.




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-Ewing, aye; and Ms. Schroeder, aye.   


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; Dr. Gaertner-Ewing, aye; and Ms. Schroeder, 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 Anderson, motion carried.


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.




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

St. Luke’s Medical Center CPR Class – 6 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

Abilene, Texas Bachelor of Science Nursing Program – Credit for the 18 hours

ICAC 2009, Diverse Seminar:  X-Ray – 5 hours; Adjective Technique – 4 hours

Advanced Billing, Coding & Documentation Strategies


Seconded by Dr. Haug, motion carried.




The Board reviewed continuing education audits.




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.




_________________________________      _________________________________

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