Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 


Board Meeting Minutes of 4/16/2010



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

                                                            Lori Peel, Investigative Unit Manager

                                                            Roger Hales, Administrative Attorney

                                                            Marilyn London, Technical Records Specialist I


OTHERS PRESENT:                     General Darryl Manning

                                                            M. Bruce Nave, DC

                                                            Barry Sadler, DC


The meeting was called to order at 9:00 AM MDT by Shannon Gaertner-Ewing, D.C.




It was moved by Dr. Haug that the Board amend the agenda to add discussion on Physical Therapy and scope of practice per Idaho Code 67-2343 (4) (c). The reason this was not on the original agenda was because the requests came in right before the meeting. Seconded by Ms. Schroeder, motion carried.




General Manning did a presentation on the Board’s role.




Ms. Cory reported that the Board’s proposed rules passed and are in effect. The Chiropractic Association carried a bill on a Lien Law, and it did not pass.




The Board reviewed the January 27, 2010, Board meeting minutes. It was moved by Dr. Haug to approve the January 27, 2010, minutes. Seconded by Dr. Anderson, motion carried.




Ms. Cory presented the financial report, which shows a balance of $112,879.18 as of March 31, 2010.




Mr. Hales presented information on case number CHI-2008-6. Dr. Rian “Rook” Torres testified on his behalf regarding the circumstances surrounding the case and complaint.




Ms. Peel presented the investigative report:


For Board Determination:


I-CHI-2010-13    C alleged R is practicing without a license.  IBOL records show that

R’s license expired in 2001 and was not renewed.  In response to a letter from the Investigative Unit to address the allegation, R stated that he is not practicing and that he is retired.  The letter also advised R that practicing chiropractic without a license is a criminal offense punishable by a fine of not less than $1,000 and/or imprisonment for not less than six months.  No patient has alleged that R provided services.  IBOL recommends that the Board authorize closure. It was moved by Dr. Haug that the Board authorize closure. Seconded by Dr. Anderson, motion carried.






The Board reviewed the application for Dr. Alan Trites for the    2010 Peer Review Committee. It was moved by Dr. Haug to approve Dr. Alan Trites for the 2010 Peer Review Committee. Seconded by Dr. Anderson, motion carried.




The Board discussed case Chi-2008-6. Dr. Haug recused himself from discussion and voting. It was moved by Dr. Anderson that the Board impose a thirty (30) days suspension, however, the entire suspension period shall be withheld provided Respondent:

(1)   Complies with the terms of the Board’s Final Order and violates no other license law.

(2)   Completes the continuing education described below in the time allotted.

(3)   Pays in full all fines and attorneys fees when due.

That Respondent shall be placed on probation for ninety (90) days, commencing fourteen (14) days from the date of service of this Order. That Respondent successfully complete six (6) hours of continuing chiropractic education on the subject of diagnostic coding within Respondent’s probationary period. No courses taken prior to the date of this Final Order shall count towards the six (6) hours, and no courses affiliated with ProAdjuster chiropractic tools shall be acceptable. Respondent is responsible for mailing/faxing a copy of the completion certificate(s) to Board Staff. The six (6) continuing education credits shall not count towards the eighteen (18) hours of continuing education that Respondent is required to complete annually. Should Respondent fail to provide Board Staff with the completion certificates(s) on or before the deadline, Respondent’s license shall be suspended pursuant to the terms of the Board’s Final Order. Seconded by Dr. Nelson, motion carried.




The Board reviewed applicant 901080250 and additional reference form that was requested. Applicant has taken the Special Purpose Examination for Chiropractors and will get the results in approximately three weeks. It was moved by Dr. Haug that the Board issue a license upon receipt of a passing score on the SPEC exam. Seconded by Dr. Nelson, motion carried.






Dr. M. Bruce Nave requested clarification on the Board’s Endorsement Rule 100.b.iii, which states, “Five (5) years of consecutive practice immediately prior to application in another state without discipline.” The Board directed Dr. Nave to take the SPEC exam and make application.


The Board reviewed the application for licensure regarding question number 15, which uses the word “experience” instead of “practice” as written in Rule 100.b.iii. It was moved by Dr. Haug that the application be changed to use the word “practice” instead of “experience”. Seconded by Ms. Schroeder, motion carried.




The Board discussed the new fee guidebook purchased for the peer review committee. The Board directed Dr. Anderson to check out other resources and report back to the Board.


The Board is in need of more copies of the Procedural Utilization Sixth Edition reference guidebooks. It was moved by Dr. Haug that the Board purchase 12 of the Procedural Utilization Sixth Edition reference guidebooks or, if there is a price break below 30, to authorize purchase. Seconded by Dr. Anderson, motion carried.




Dr. Gaertner-Ewing reported that she had received a call from Dr. Gray of the Chiropractic Association regarding physical therapists proforming manipulations. It was decided to invite members of the Chiropractic Association to the next Board meeting to discuss this issue.




The Board reviewed a scope of practice question on electrodignostic studies that includes nerve conduction studies and needle electromyography. The course is sponsored by the New York Chiropractic and Palmer Chiropractic Colleges. Mr. Hales said the Board has already discussed this issue in the past. It was moved by Dr. Haug to direct Mr. Hales to research past correspondence and respond to the scope of practice question. Seconded by Ms. Schroeder, motion carried.




Ms. Cory presented the Board with a copy of its renewal form with draft language on IdaCare that explains the procedure for updating profiles online. It was moved by Dr. Haug to accept the change. Seconded by Ms. Schroeder, motion carried.




The Board reviewed a letter and information on the D’Youville Chiropractor College that is a CCE accredited college requesting confirmation that its graduates would be able to get licensed in Idaho. The Board directed the Bureau to write a letter stating that as long as the D’Youville Chiropractor College is a CCE accredited college, its graduates will be able to get licensed in Idaho.




The Board reviewed and approved the following continuing education courses:


1. IACP – Whiplash Injury Documentation –2 hours

2. IACP – Advanced Upper Extremity Adjusting – 2 hours

3. IACP 2010 Convention – Navigating Medicare Guidelines and Compliance;    Coding, Documentation and Compliance for the Modern Office - 15 hours

4. IACP 2010 Convention – Idaho Workers Compensation – 3 hours

5. IACP 2010 Convention – Nutritional Neurology – 15 hours

6. IACP 2010 Convention – Acupuncture Treatment of Orthopedic Disorders – 15 hours

7. California Chiropractic Association Convention – 53 hours with a maximum of 22 hours per participant

8. J Ray Weltch – The Class Adjustive Technique – 12 hours


The Board did not approve the Nutri Energetics System Mastery course and Preventing Compassion Fatigue course for continuing education based upon Rule 350.01.c, which states that the continuing education must be germane to the practice of chiropractic.




The Board reviewed the continuing education audits.




The Board scheduled its next meeting for July 14, 2010 at 9:00 AM MDT.





It was moved by Dr. Anderson that the Board meeting adjourn at 12:50 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