Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 


Board Meeting Minutes of 10/13/2010



BOARD MEMBERS PRESENT:  Caren DeAngelis - Chair

                                                             Diann Davis-Martin

                                                             Michael Spero (via telephone)

                                                             Corwin Sutherin




 BUREAU STAFF:                          Tana Cory, Bureau Chief

                                                            Lori Peel, Investigative Unit Manager

                                                            Karl Klein, Administrative Attorney

                                                            Carrie Gilstrap, Technical Records Specialist II


OTHERS PRESENT:                     Mel Henderson, Linda Jackson


The meeting was called to order at 9:00 AM MDT by Caren DeAngelis.




A motion was made by Ms. Davis-Martin to approve the minutes of 9/8/2010 as written. Seconded by Mr. Sutherin, motion carried.     




Ms. Cory presented the legislative update to the members of the Board. She stated the Board’s temporary and proposed rules were linked to the website yesterday and the comment period is now open. The deadline to get these in is October 27, 2010.




Ms. Cory presented the financial report to the members of the Board. The current cash balance as of 6/30/2010 is $11,132.96.




Ms. Cory presented the FY 2011 Contract Renewal to the members of the Board. A motion was made by Ms. Davis-Martin to approve the contract and authorize the Chair to sign on behalf of the Board. Seconded by Mr. Sutherin, motion carried.




Ms. Peel presented the investigative report to the members of the Board. Ms. Peel provided a flow chart of the disciplinary procedure. A copy of the chart is to be forwarded to the absent members of the Board.


I-OCT-2011-1 When R submitted his Occupational Therapist application on 5/3/10, R answered “no” to the question, “Have you ever been convicted (including but not limited to being found guilty, received a withheld judgment or suspended sentence) or charged with any crime other than minor traffic offenses in this or any other state?”, but when R submitted his Physical Therapist application on 8/17/10, R answered “yes” to the same question.  Investigation revealed that on 3/10/09 R was convicted of inattentive/careless driving, was placed on supervised probation for one year, and was discharged from probation on 9/21/09.  R stated that at the time he filled out his Occupational Therapist application, he was unaware that the charge was of “sufficient gravity” to include as part of his application.  R stated that when he applied for a job, he was informed that he needed to disclose the conviction and probation.  R stated that he then called IBOL when he was filling out his Physical Therapist application and was informed that the Board needed an in-depth description of the circumstances surrounding the conviction.  R stated that in hindsight he should have disclosed the conviction and probation on his Occupational Therapist application, and apologized for failing to do so.  R stated that he misunderstood what needed to be disclosed and did not intend to hide anything.  Based on R’s response and the fact that he did disclose the conviction on his Physical Therapist application, IBOL recommends that the Board authorize closure.


A motion was made by Ms. Davis-Martin to accept the Bureau’s recommendation and authorize closure. Seconded by Mr. Sutherin, motion carried.




Process for the Review and Approval of CE


The Board discussed the requirements of and the process for reviewing applications for continuing education approval. Ms. Jackson, IOTA, stated the association would like to have a part in reviewing these. Ms. DeAngelis asked Ms. Jackson if she would revise the Association’s website when referring to on-line education from “does not endorse” to “does not recommend.” Ms. DeAngelis added there has been confusion from other therapists as to whether this is also the Board’s position.


The Board reviewed I.C. 54-3711 regarding continuing education. Ms. Davis-Martin stated there are concerns with the language in the Board’s statute as it states the continuing education has to be recommended by the association and approved by the Board. She added there’s opportunity for individuals to view this as a conflict of interest. Mr. Henderson stated he agrees.


Mr. Klein stated it is not typical of Boards to involve the association when it comes to approving continuing education. Ms. Jackson stated there are conflicts of interests everywhere. Ms. DeAngelis stated the Board needs to be clear when talking about the language in statute and the Board needs to define the terms “recommending” and “approving.” 


The Board discussed forming a sub-committee to work with Mr. Klein on drafting any proposed law and rule changes. Changing I.C. 54-3711 would be assigned to the sub-committee.


A motion was made by Ms. Davis-Martin to form a sub-committee consisting of Ms. DeAngelis and Ms. Davis-Martin. Seconded by Mr. Sutherin, motion carried. Ms. Jackson asked if someone from the association can also be involved. The Board stated they will involve the association once there are any proposed changes following the sub-committee meeting.


A motion was made by Ms. Davis-Martin to designate Mr. Sutherin to review CE applications and, if there is a question, they will be brought before the Board. Seconded by Mr. Sutherin, motion carried.


Discussion re: Modalities & Wound Care  


The Board addressed some questions that have come from therapists. First, therapists wanted to know what physical agent modality (PAM) courses are approved. The Board stated a licensee or provider may submit the course information for review.


Second, there were questions as to how is the supervision conducted or measured to meet the requirement. The Board stated the rules do not specify the requirement for submitting the supervision a licensee has completed. The Board discussed running an audit requiring them to provide this documentation. 


Additionally, there were questions regarding what qualifications are required to be a supervisor. The Board stated this is defined in the proposed and temporary proposed rules which are now posted to the website.


Postcard Notification to Licensees


A motion was made by Mr. Sutherin to send a postcard to licensees providing them with information about the Board; including: the Board’s role, the law and rules which have now gone into effect, and the website information for any questions they may have. Seconded by Ms. Davis-Martin, motion carried.


FAQs Page


The Board reviewed the draft of frequently asked questions (FAQ) to be posted to the Board’s website. A motion was made by Ms. Davis-Martin to approve the FAQs and post them to the website once the noted revisions have been made. Seconded by Mr. Sutherin, motion carried.




ROLE of the Association and the Board


The Board discussed this in relation to the Association’s role in recommending continuing education however, the Board will continue to discuss on an as needed basis.


Discussion re: a Sub-Committee for Proposed Changes


This was also discussed earlier under old business. Along with changes to I.C. 54-3711, the Board would also like to add inactive licenses to the proposed changes discussion.


Correspondence re: the Treatment of Animals


The Board asked Ms. Gilstrap to follow up with this inquiry and request clarification be given when asking if it is within the scope of practice to treat animals. 


Revised CE Application- Mr. Sutherin


Mr. Sutherin presented copies of a revised application for CE approval to the other members of the Board. Discussion was held and a motion was made by Ms. Davis-Martin to approve this application with the noted changes. Seconded by Mr. Sutherin, motion carried.

Application Review


CE applications were submitted for Board approval and were reviewed by Mr. Sutherin following the meeting. Additionally, the Board asked that upon receipt of other applications, they be forwarded onto Mr. Sutherin for his review.


NEXT MEETING will be held on January 7, 2010 at 9:00 a.m.




A motion was made by Mr. Sutherin to adjourn the meeting at 10:40 a.m. Seconded by Ms. Davis-Martin, motion carried.

_________________________________      _________________________________

Caren DeAngelis, Chair                                    Diann Davis-Martin

_________________________________      _________________________________

Michael Spero                                                  Corwin Sutherin

_________________________________      _________________________________

Ione Springer                                                    Tana Cory, Bureau Chief