IDAHO BOARD OF CHIROPRACTIC PHYSICIANS

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 7/14/2010

 

 

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

                                                            Lori Peel, Investigative Unit Manager

                                                            Karl Klein, Administrative Attorney

                                                            Roger Hales, Administrative Attorney

                                                            Marilyn London, Technical Records Specialist I

 

 

OTHERS PRESENT:                     Ryan Fitzgerald, Principle Strategic Advisors

                                                            Floyd Beyer, Jr, Chiropractor

                                   

 

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

 

APPROVAL OF MINUTES

 

The Board reviewed the April 16, 2010, Board meeting minutes. A spelling error was noted. It was moved by Dr. Nelson to approve the April 16, 2010, minutes with correction. Seconded by Dr. Haug, motion carried.

 

The Board reviewed the May 17, 2010, conference call minutes. It was moved by Dr. Haug to approve the May 17, 2010, minutes. Seconded by Ms. Schroeder, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory informed the Board that August 10th is the deadline for rule changes.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report, which shows a balance of $116.868.22 as of June 30, 2010.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the investigative report:

 

For Board Determination:

 

I-CHI-2009-4  C alleged R incorrectly billed C.  Investigation revealed that there were a few small billing discrepancies in C’s account that were caused by R’s previous bookkeeper.  R’s current bookkeeper has corrected the mistakes, and C informed the investigator that she is satisfied and there are no further billing issues. C also stated that she continues to see R for treatment and believes that R had no knowledge of the issue or that he intentionally submitted fraudulent bills. IBOL recommends that the Board authorize closure. It was moved by Dr. Haug that the Board authorize closure. Seconded by Ms. Schroeder, motion carried.

 

I-CHI-2010-26  C alleged R, a naturopath, was advertising as a CHI without being a licensed CHI.  C provided copies of advertising for R’s clinic under “Chiropractic Physicians” in the local telephone directory and an advertisement that stated that the clinic provides chiropractic services.  On 5/12/10 IBOL sent R a letter advising R that offering to practice chiropractic or advertising chiropractic without a license is a misdemeanor.  In response to the letter, R stated that at the time the phone book ad was placed a licensed CHI was working full time at the clinic, but the CHI has since left the clinic.  R stated that the clinic is currently in negotiations with another CHI to work at the clinic.  IBOL recommends that the Board authorize closure with a cease and desist letter to R regarding any further advertising of chiropractic until R has employed a licensed CHI at the clinic, and advising R that any further reports of such advertising will be referred to the local prosecuting attorney.  It was moved by Dr. Nelson that the Board authorize closure and report information to the prosecuting attorney. Seconded by Dr. Haug, motion carried.

 

REQUEST FOR TERMINATION OF PROBATION

 

Ms. Peel presented a letter from Timothy Grothman, D.C. on case #CHI-2007-12 requesting that the Board to remove the probationary status on his license.  It was moved by Dr. Haug that the Board remove the probationary status on Timothy Grothman’s license. Seconded by Ms. Schroeder, motion carried.

 

CONTINUING EDUCATION SETTLEMENT ORDER

 

Ms. Peel presented a Continuing Education Settlement Order for case #CHI-2010-12. It was moved by Dr. Anderson that the Board approve the Continuing Education Settlement Order for case #CHI-2010-12 and authorize the Chair to sign on behalf of the Board. Seconded by Dr. Haug, motion carried.

 

OLD BUSINESS

 

CODE OF ETHICS

 

Mr. Hales presented the draft copy of the code of ethics. Mr. Fitzgerald will present a copy to the Idaho Association Chiropractic Physicians at its next meeting. It was moved by Dr. Nelson that the Board proceed with the code of ethics for the 2011 Legislative Session and any concerns may be addressed during the comment period. Seconded by Ms. Schroeder, motion carried. Individual votes for this motion were: Dr. Anderson, nay; Dr. Nelson, aye; Dr. Haug, aye; Dr. Gaertner-Ewing, aye; and Ms. Schroeder, aye.

 

EXECUTIVE SESSION

 

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. 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. Nelson that the Board enter regular session. 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.   

 

NEW BUSINESS

 

APPLICATION

 

The Board reviewed an application for Mikeal Bruce Nave. It was moved by Dr. Nelson to approve the application and issue a license to Mikeal Bruce Nave. Seconded by Dr. Haug, motion carried.

 

BREAST THERMONGRAPHY IMAGING

 

The Board reviewed correspondence from the Oregon Board of Chiropractic Examiners regarding Breast Thermongraphy Imaging. The Oregon Board of Chiropractic Examiners determined that breast thermography is investigational. Federal Blue Cross now covers Breast Thermongraphy Imaging. Dr. Gaertner-Ewing will contact the Oregon Chiropractic Board to see if it will revisit the issue. The Board will discuss this further at its next meeting to determine if it is covered under the Idaho Chiropractic scope of practice.

 

NATIONAL CERTIFICATIONS/ADVERTISING SPECIALTIES

 

The Board discussed national certifications and advertising specialties. Rule 450.08 does not allow chiropractors to advertise any specialties. Ms. Peel indicated this has not been a big issue for the Chiropractor Board regarding complaints. This will be monitored by the Bureau and if it becomes an issue, the Board will be notified.

 

EXECUTIVE SESSION

 

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 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.         

 

APPLICATION

 

The Board reviewed the application of Floyd Beyer. It was moved by Dr. Nelson to issue Floyd Beyer a license. Seconded by Dr. Haug, motion carried.

 

FEDERATION OF CHIROPRACTIC LICENSING BOARDS

 

The FCLB District meeting is scheduled for October 7 – 10, 2010 in Sedona, Arizona. It was moved by Dr. Haug to approve Dr. Gaertner-Ewing and Dr. Anderson to attend the FCLB District meeting and pay the expenses based upon state regulations. Seconded by Ms. Schroeder, motion carried.

 

CONTINUING EDUCATION COURSES

 

The Board reviewed the continuing education course, “ICAC 2010 Diverse Seminar with Technique and X-Ray.” It was moved by Dr. Nelson to approve the course for 12 hours. Seconded by Dr. Anderson, motion carried.

 

The Board reviewed the continuing education courses, “Beyond the Synapse Series.” It was moved by Dr. Nelson to approve the courses, “Receptors to Spinal Cord” for 15 hours; “Cerebellum” for 15 hours; and “Brain” for 15 hours. Seconded by Dr. Anderson, motion carried.

 

The Board reviewed a CPR training course from Mike Gott. It was moved by Dr. Anderson to approve the CPR training course for four hours. Seconded by Dr. Haug, motion carried.

 

The Board reviewed a letter from Terri Gibbs requesting approval for 6 hours of RN nursing courses taken at Hardin Simmons University. It was moved by Dr. Haug to approve the 6 hours for nursing courses. Seconded by Ms. Schroeder, motion carried.

 

EXECUTIVE SESSION

 

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. Nelson that the Board enter regular session. 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.         

 

CONTINUING EDUCATION AUDIT

 

The Board reviewed the additional information on a continuing education course for Roy Strickland. It was moved by Dr. Haug to accept the 12 hours of continuing education. Seconded by Dr. Anderson, motion carried.

 

The Board reviewed continuing education courses for Luke Mayes. It was moved by Dr. Haug to accept the hours and have Ms. Peel review and send a letter regarding any hours that may or may not be used for the next renewal. Seconded by Dr. Anderson, motion carried.

 

NEXT MEETING

 

The Board scheduled a conference call meeting for October 19, 2010 at 9:00 AM MDT.

 

 

ADJOURNMENT

 

It was moved by Dr. Haug that the Board meeting adjourn at 11:10 AM MDT. Seconded by Dr. Nelson, 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