IDAHO BOARD OF CHIROPRACTIC PHYSICIANS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Conference Call Minutes of 1/27/2010

 

 

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

                                                            Lori Peel, Investigative Unit Manager

                                                            Karl Klein, Administrative Attorney

                                                            Marilyn London, Technical Records Specialist I

 

OTHERS PRESENT:                     Ryan Fitzgerald, Principle Strategic Advisors

                                   

The meeting was called to order at 1:00 PM MST by Shannon Gaertner-Ewing, D.C..

 

 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.

 

LEGISLATIVE REPORT

 

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.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report, which shows a balance of $106.317.52 as of December 31, 2009.

 

DISCIPLINARY CASE

 

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.

 

INVESTIGATIVE REPORT

 

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.

 

OLD BUSINESS

 

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.

 

NEW BUSINESS

 

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:

 

Gregory Ferch

Craig Manning

Patrick Mayo

William Robison

Margaret Ryan

Lawrence Sassadeck

L. Erik Thompson

Glen Westover

 

Seconded by Dr. Anderson, motion carried.

 

EXECUTIVE SESSION

 

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

 

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

 

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 Baltimore, Maryland. It was moved by Dr. Haug that Dr. Anderson attend the meetings as the delegate and Dr. Gaertner-Ewing would be the alternate delegate. Seconded by Dr. Nelson, motion carried.

 

The Board reviewed a document from FCLB stating that the European Council on Chiropractic Education has accredited the South Africa Durban Chiropractic University.

 

APPLICATION

 

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.

 

RENEWAL FORM

 

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.

 

 

NEXT MEETING

 

The Board scheduled a Board meeting for April 16, 2010 at 9:00 AM MDT.

 

ADJOURNMENT

 

It was moved by Dr. Nelson to adjourn the meeting at 3:00 PM MST. 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