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 7/26/2011

 

 

 

BOARD MEMBERS PRESENT:  Geffery D. Anderson, D.C. - Chair

                                                             Glady Schroeder

                                                             Larry D. Nelson, D.C.

                                                             Robert W. Haug, D.C.

                                                             Shannon Gaertner-Ewing, D.C.

 

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Administrative Support Manager

                                                            Lori Peel, Investigative Unit Manager

                                                            Jean Uranga, Prosecutor

                                                            Maurie Ellsworth, Administrative Attorney

 

OTHERS PRESENT:                     Gary Rock, Applicant

                                   

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

 

APPROVAL OF MINUTES

 

The Board reviewed the April 19, 2011 conference call minutes. It was moved by Dr. Haug to approve the April 19, 2011 minutes. Seconded by Ms. Schroeder, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory informed the Board that the Legislature approved an additional investigator position for the Magic Valley area and also an in-house legal counsel. Maurice Ellsworth is the new administrative attorney for the Bureau.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report, which shows a balance of $117,431.78 as of June 30, 2011.

 

RECOMMENDED ACTION ON DISCIPLINARY COMPLAINT

 

Ms. Uranga presented a memo requesting recommendations on a disciplinary case. After discussion, the Board presented its recommendations.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the investigative report.

 

For Board Determination:

 

I-CHI-2010-3 – It was moved by Dr. Gaertner-Ewing to authorize closure on case I-CHI-3003-3. Seconded by Dr. Haug, motion carried.

 

I-CHI-2010 and I-CHI-2010-19 – It was moved by Dr. Nelson to authorize closure on cases I-CHI-2010 and I-CHI-2010-9 and send a warning letter. Seconded by Dr. Gaertner-Ewing, motion carried.

 

I-CHI-2010-30 – It was moved by Dr. Haug to authorize closure on case I-CHI-2010-30. Seconded by Ms. Schroeder, motion carried.

 

I-CHI-2011-1 and I-CHI-2011-3 – It was moved by Dr. Haug to authorize closure on cases I-CHI-2011 and I-CHI-2011-3. Seconded by Dr. Nelson, motion carried.

 

APPEAL OF FINAL ORDER

 

Ms. Peel presented the Board information on case CHI-2008-6.

 

CORRESPONDENCE

 

Mr. Ellsworth reviewed correspondence from Dr. Jared Shelton requesting clarification that Idaho chiropractors cannot perform sports physicals for Boy Scouts in the state of Idaho according to the Boys Scouts of America regulations. The Board directed that the Bureau respond to the question stating that Idaho chiropractors can perform sports physicals and it is up to the BSA whom they allow to perform sports physicals.

 

Mr. Ellsworth reviewed a letter from Cathy Raish requesting clarification on whether chiropractors in Idaho may prescribe “Rx only” homeopathic drugs. The Board directed legal counsel to respond stating that the Board does not provide legal advice.

 

Mr. Ellsworth informed the Board of correspondence from a chiropractor asking for clarification on certain issues. A letter was sent to the chiropractor’s counsel and at this time there has been no response.

 

OLD BUSINESS

 

Dr. Gaertner-Ewing spoke to individuals at the Federation of Chiropractor Licensing Board’s May meeting regarding the scope of practice survey that was sent to the Board to complete. The Board has decided not to complete the survey at this time.

 

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 Dr. Gaertner-Ewing, motion carried. Individual votes for this motion were: Dr. Gaertner-Ewing, aye; Dr. Haug, aye; Dr. Nelson, aye; Ms. Schroeder, aye and Dr. Anderson, aye.

 

It was moved by Dr. Haug that the Board enter regular session. Seconded by Dr. Nelson, motion carried. Individual votes for this motion were: Dr. Gaertner-Ewing, aye; Dr. Haug, aye; Dr. Nelson, aye; Ms. Schroeder, aye and Dr. Anderson, aye.

 

APPLICATION

 

It was moved by Dr. Haug that the Board send a letter to applicant 901117786 stating that they must take section IV of the National Board Chiropractor Exam based upon not meeting the five (5) years of consecutive practice immediately prior to application in another state per Rule 100.02.b.iii to qualify for endorsement.

 

CONTINUING EDUCATION COURSES

 

The Board reviewed the continuing education course from the California Chiropractic Association. It was moved by Dr. Nelson to approve topics and hours under sections A, B, C, and D and exclude other sections under practice management. Seconded by Dr. Gaertner-Ewing, motion carried.

 

The Board reviewed the continuing education course from Dr. Joseph Betz to be given on August 26 – 27th 2011 for 6 hours. It was moved by Dr. Nelson to approve the continuing education course on August 26 – 27th, 2011 for 6 hours. Seconded by Dr. Haug, motion carried.

 

CORRESPONDENCE

 

The Board reviewed a letter from Kati Sproston at Palmer College asking if the Board would approve a webinar seminar for continuing education. The Board directed a response letter stating that the rules allow for up to 6 hours of online continuing education approved though a chiropractor college.

 

FCLB MEETING

 

Dr. Gaertner and Dr. Haug both attended the FCLB May meeting. Dr. Gaertner reported that the meeting was very informative. Discussion was held on regulating chiropractic assistance, sports mobility to travel to other states, ethics and boundaries, foreign applicants, and scope of practice.

 

PEER REVIEW

 

It was moved by Dr. Haug that the Board table the election of peer review chair until the next meeting when there will be two new board members. Seconded by Dr. Gaertner-Ewing, motion carried.

 

Dr. Anderson presented two new peer review forms to help the peer review committee. It was moved by Dr. Haug to approve the forms and send them with any new cases. 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 Ms. Schroeder, motion carried. Individual votes for this motion were: Dr. Gaertner-Ewing, aye; Dr. Haug, aye; Dr. Nelson, aye; Ms. Schroeder, aye and Dr. Anderson, 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. Gaertner-Ewing, aye; Dr. Haug, aye; Dr. Nelson, aye; Ms. Schroeder, aye and Dr. Anderson, aye.

 

APPLICATION

 

It was moved by Dr. Haug that the Board approve the application of Gary Rock for licensure. Seconded by Dr. Nelson, motion carried.

 

NEXT MEETING

 

The Board scheduled a conference call meeting for October 18, 2011 at 12:00 PM MDT.

 

ADJOURNMENT

 

It was moved by Dr. Gaertner-Ewing that the Board meeting adjourn at 12:15 PM MDT. Seconded by Dr. Haug, motion carried.

_________________________________      _________________________________

Geffery D. Anderson, D.C., Chair                 Glady Schroeder

_________________________________      _________________________________

Larry D. Nelson, D.C.                                    Robert W. Haug, D.C.

_________________________________      _________________________________

Shannon Gaertner-Ewing, D.C.                      Tana Cory, Bureau Chief