Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
Larry D. Nelson, D.C.
Karin Magnelli, Deputy Attorney General
Lori Peel, Investigative Unit Manager
Karl Klein, Administrative Attorney
Marilyn London, Technical Records Specialist I
OTHERS PRESENT: Ryan Fitzgerald, Principle Strategic Advisors
APPROVAL OF MINUTES
The Board reviewed the October 21, 2009 Board meeting minutes. It was moved by Dr. Haug to approve the October 21, 2009 minutes. Seconded by Ms. Schroeder, motion carried.
Ms. Cory and Dr. Gaertner-Ewing reported on the proposed rules, which were passed by the House Subcommittee and will be sent to the full committee. They were heard before the Senate Health and Welfare committee on January 25th and were approved.
Ms. Hall presented the financial report, which shows a balance of $106.317.52 as of December 31, 2009.
Ms. Magnelli discussed with the Board a previous disciplinary case CHI-2008-6 that she needed further clarification on regarding continuing education. The Board presented Ms. Magnelli clarification on the continuing education.
Ms. Peel presented the investigative report.
For Board Determination:
I-CHI-2010-11 C alleged that R is practicing outside the scope of licensure by
advertising "physiotherapy before manipulation." IBOL notes that the Physical Therapy Practice Act, at I.C. 54-2217(2), limits the advertising of the word "physiotherapist" to licensed physical therapists. However, the Chiropractic Practice Act defines chiropractic practice and procedures to include "the treatment of the human body by the application of . . . physiotherapeutic or clinical nutritional methods . . . ." I.C. 54-704(1). IBOL would appreciate guidance from the Board regarding whether R's use of the words "physiotherapy before manipulation" in advertising constitutes a violation of the Board's advertising rules and, if not, IBOL recommends the Board authorize closure. It was moved by Dr. Anderson that the Board authorize closure on case I-CHI-2010-11. Seconded by Ms. Schroeder, motion carried.
CONTINUING EDUCATION SETTLEMENT ORDER
Ms. Peel presented case CHI-2010-3 for Board review. It was moved by Dr. Nelson that the Board approve the Continuing Education Settlement Order for case CHI-2010-3 and authorize the Chair to sign on behalf of the Board. Seconded by Dr. Anderson, motion carried.
Ms. Peel presented case CHI-2010-5 for Board review. It was moved by Dr. Nelson that the Board approve the Continuing Education Settlement Order for case CHI-2010-5 and authorize the Chair to sign on behalf of the Board. Seconded by Dr. Haug, motion carried.
PROPOSED CODE OF ETHICS
Dr. Gaertner-Ewing reported that the Idaho Association Chiropractic Physicians presented a copy of revisions to the proposed Code of Ethics. The sub-committee will meet and compare the two documents and bring a report to the April Board meeting.
CONTINUING EDUCATION AUDITS
The Board reviewed two continuing education audits for Dr. A Daniel Frantz III and Dr. Michael Moriarty. It was moved by Dr. Haug to approve the continuing education for Dr. A Daniel Frantz III and Dr. Michael Moriarty. Seconded by Ms. Schroeder, motion carried.
PEER REVIEW COMMITTEE
The Board reviewed the applications for the 2010 Peer Review Committee. It was moved by Dr. Nelson to approve the following chiropractors for the 2010 Peer Review Committee:
L. Erik Thompson
Seconded by Dr. Anderson, motion carried.
It was moved by Dr. Nelson
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 Ms. Schroeder, motion carried. Individual votes for this
motion were: Dr. Anderson, aye; Dr. Nelson, aye; Dr. Haug, aye; Dr. Gaertner-
It was moved by Dr. Nelson
that the Board 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-
FEDERATION OF CHIROPRACTIC LICENSING BOARD
The Board reviewed the FCLB invoice for the 2010 dues. It was moved by Dr. Nelson to pay the FCLB 2010 dues and include the $450.00 registration fee for the April 30, 2010 meeting. Seconded by Dr. Anderson, motion carried.
The Board discussed the FCLB
and NBCE April 30, 2010 meetings in
The Board reviewed a
document from FCLB stating that the European Council on Chiropractic Education has
The Board interviewed Barry Sadler regarding his chiropractor application for reinstatement of his license. The Board requested an additional reference and for him to take the NBCE Special Purposes Examination for Chiropractors (SPEC) and to meet with the Board at their next meeting.
SCOPE OF PRACTICE
The Board reviewed scope of practice questions from Dr. Jeff Hartshorn on intramuscular stimulation, any form of prolotherapy, and ozone therapy shots. The Board directed Mr. Klein to write a letter to Dr. Hartshorn that the Board does not offer legal advice to private parties and direct him to review Idaho Code 54-704 Chiropractic Practice Act.
CONTINUING EDUCATION COURSES
The Board reviewed a continuing education course for approval from the Idaho Board of Chiropractic Physicians (IACP) on the Chiropractic Rules for two hours.
The Board reviewed a continuing education course from Dr. Lori Gumper on Nutri Energetics System (NES) for eleven hours.
It was moved by Dr. Nelson that the Board approve the IACP Chiropractic Rules course for two hours and request additional information on the NES course. Seconded by Dr. Haug, motion carried.
The Board was presented a copy of the chiropractor renewal form that included a statement notifing to update their IDACARE profile information. The Board requested that information on IDACARE be sent to IACP so they can include information in their newsletter. The Board will discuss IDACARE at their April Board meeting and may decide to mail out post cards to all chiropractors regarding IDACARE. It was moved by Dr. Nelson that the Board approve the updated renewal forms. Seconded by Dr. Haug, motion carried.
The Board scheduled a Board meeting for April 16, 2010 at 9:00 AM MDT.
It was moved by Dr. Nelson to adjourn the meeting at 3:00 PM MST. Seconded by Ms. Schroeder, motion carried.
D.C., Chair Geffery D.
Glady Schroeder Larry D. Nelson, D.C.