IDAHO BOARD OF CHIROPRACTIC PHYSICIANS

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Conference Call Minutes of 1/25/2011

 

BOARD MEMBERS PRESENT:  Geffery D. Anderson, D.C. – Acting Chair

                                                             Glady Schroeder

                                                             Larry D. Nelson, D.C.

                                                             Robert W. Haug, D.C.

 

 

BOARD MEMBERS ABSENT:    Shannon Gaertner-Ewing - Chair

                                                           

 

BUREAU STAFF:                           Dawn Hall, Administrative Support Manager

                                                            Lori Peel, Investigative Unit Manager

                                                            Karl Klein, Administrative Attorney

                                                            Jean Uranga, Prosecutor

                                                            Marilyn London, Technical Records Specialist I

 

OTHERS PRESENT:                     Leslie Hayes

                                                            Luke Mayes

                                   

The meeting was called to order at 10:00 AM MST by Geffery Anderson, D.C.

 

 

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.

 

LEGISLATIVE REPORT

 

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.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report, which shows a balance of $125,086.44 as of December 31, 2010.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the investigative report.

 

For Board Determination:

 

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 EMS machine, R stated that whenever pads are used on a patient, the pads are sprayed with sanitizer but it is usually done when the patient is lying face down so C was probably unaware that it was done.  The pro reviewer found that the investigation did not reveal any evidence to support the allegations; therefore, IBOL recommends that the Board authorize closure.  It was moved Dr. Haug that the Board authorize closure. Seconded by Ms. Schroeder, motion carried.

 

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.

 

NEW BUSINESS

 

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

Gregory Ferch

Craig Manning

Patrick Mayo

Aaron Nelson

William Robinson

Laurence Sassadeck

L. Erik Thompson

 

Seconded by Ms. Schroeder, motion carried.

 

VOTING DELEGATES

 

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:

 

  1. Dr. Sirucek – 643 Neurology of Eye Movements Online Learning – 6 hours.
  2. Lori Gumper – Quantum Reflex Analysis Seminar – 16 hours
  3. Joseph Betz – Clinical Documentation and Insurance Management for IACP – 3 hours
  4. Brian Johnston – Idaho Association Chiropractic Physicians May Convention – 4 hours for each course
  5. Laurence Hicks – Advanced Injections and Physiologic Therapy Techniques – 18 hours

 

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.

 

NEXT MEETING

 

The Board scheduled a conference call meeting for April 19, 2011 at 11:00 AM MDT.

 

ADJOURNMENT

 

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. Anderson, D.C.

_________________________________      _________________________________

Glady Schroeder                                              Larry D. Nelson, D.C.

_________________________________      _________________________________

Robert W. Haug, D.C.                                     Tana Cory, Bureau Chief