Bureau of Occupational Licenses
700 West State Street, P.O. Box 83720
Boise, ID 83720-0063
Larry D. Nelson, D.C.
BOARD MEMBERS ABSENT: Shannon Gaertner-Ewing - Chair
Lori Peel, Investigative Unit Manager
Karl Klein, Administrative Attorney
Jean Uranga, Prosecutor
Marilyn London, Technical Records Specialist I
OTHERS PRESENT: Leslie Hayes
APPROVAL OF MINUTES
The Board reviewed the October 19, and November 18, 2010 Board meeting minutes. It was moved by Dr. Haug to approve the October 19, and November 18, 2010 minutes. Seconded by Ms. Schroeder, motion carried.
Ms. Hall reported that the proposed rules will be presented in the near future and the Board members will be notified.
Mr. Klein presented information on the “Health Care Professional Transparency Act”. This Bill will affect all health care professionals and will require clear licensure information in advertising and on name badges or office signs. It also increases disciplinary authority.
Ms. Hall presented the financial report, which shows a balance of $125,086.44 as of December 31, 2010.
Ms. Peel presented the investigative report.
I-CHI-2010-1 C alleged R is allowing an assistant to hold himself out as a physical therapist without being a licensed physical therapist. In particular, C stated that he called R’s office and asked if he could get “physical therapy.” C was alleged told that he could, and when asked who the therapist was, C was given the name of R’s assistant and told that he works under R. C was also informed by two patients that they had received “physical therapy” at R’s office. According to R’s attorney, neither R nor R’s assistant represent themselves to be licensed physical therapists. It is the recommendation of IBOL that the Board authorize closure with an advisory letter to R that R and any assistants are exempt from the Physical Therapy Licensure Act so long as they do not hold themselves out as physical therapists or as persons engaged in the practice of physical therapy. It was moved by Dr. Haug to approve the Bureau’s recommendation for closure. Seconded by Ms. Schroeder, motion carried.
I-CHI-2010-22 C alleged R failed
to properly submit charges to R’s insurance company and that R failed to
properly sanitize pads on the electro muscle stimulation machine. R provided the investigator with
documentation showing that all charges were submitted to C’s insurance. As to the
I-CHI-2010-28 The Idaho Board of Veterinary Medicine (IBVM) alleged that R was providing treatment on animals without required veterinarian supervision. R informed the investigator that she does not advertise treatment of animals and gets referrals from veterinarians. R stated that since receiving a letter from IBVM, R has done a much better job of documenting the referrals and conversations she has with referring vets. R stated that she was not aware of the seriousness of keeping records of the referring vet in her records, and that she has done a much better job of recordkeeping since receiving the IBVM letter. R stated that it was never her intent to practice outside her scope of practice or violate IBVM’s laws, and R now believes that she is compliant with the laws. Based on R’s response, IBOL recommends that the Board authorize closure. It was moved by Dr. Haug that the Board authorize closure. Seconded by Ms. Schroeder, motion carried.
PEER REVIEW COMMITTEE
The Board reviewed the 2011 Peer Review Committee applications. The Board requested additional information on one application.
It was moved by Dr. Haug to approve the following chiropractors for the 2011 Peer Review Committee:
D. Wade Davis
L. Erik Thompson
Seconded by Ms. Schroeder, motion carried.
The Board discussed the National Board of Chiropractic Examiners and Federation of Chiropractic Licensing Board’s May 2011 meetings at Marco Island, Florida. It was moved by Dr. Nelson that the Board approve Dr. Anderson as the delegate and Dr. Haug as the alternate. Seconded by Dr. Haug, motion carried.
NATIONAL BOARD OF CHIROPRACTIC EXAMINERS PART IV EXAM
The Board discussed the NBCE Part IV Exam for May 13 – 15, 2011 and November 11 – 13, 2011. It was moved by Dr. Nelson to approve Dr. Anderson to attend the May 13 – 15, 2011 exam and Dr. Haug to attend the November 11 – 13, 2011 exam. Seconded by Haug, motion carried.
FEDERATION OF CHIROPRACTIC LICENSING BOARDS DUES
The Board reviewed the 2011 FCLB dues invoice. It was moved by Dr. Haug that the Board authorize payment of the dues. Seconded by Dr. Nelson, motion carried.
RECOMMENDATION ACTION ON DISCIPLINARY COMPLAINTS
Ms. Uranga presented a memo requesting recommendations on disciplinary complaints for the following cases: CHI-2011-1; CHI-2010-9; CHI-2006-4; CHI-2010-6; CHI-2010-8; CHI-2010-10; and CHI-2011-2. After discussion the Board presented its recommendations.
It was moved by Dr. Haug that the Board authorize closure on case CHI-2010-8. Seconded by Ms. Schroeder, motion carried.
It was moved by Dr. Haug that the Board authorize closure on case CHI-2011-2. Seconded by Ms. Schroeder, motion carried.
CONTINUING EDUCATION COURSES
The Board reviewed the following continuing education courses:
It was moved by Dr. Haug to approve these continuing education courses. Seconded by Dr. Nelson, motion carried.
RESOLUTION FOR CLARIFICATION
Dr. Haug presented the Board a “Resolution for Clarification” document. It was moved by Dr. Nelson that the Board table discussion until its summer meeting. Seconded by Dr. Haug, motion carried. The Idaho Association Chiropractic Physicians will be invited to attend.
The Board scheduled a conference call meeting for April 19, 2011 at 11:00 AM MDT.
It was moved by Dr. Haug that the Board meeting adjourn at 11:15 AM MST. Seconded by Ms. Schroeder, motion carried.
Shannon Gaertner-Ewing, D.C., Chair Geffery D.
Glady Schroeder Larry D. Nelson, D.C.