Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, Idaho 83702
Board Meeting Minutes of February 1, 2008
Roll Call: Alan Crothers, Board Member, Chair
Carrie Coen, Board Member
Stephanie Liddle, Board Member
Monica Fowers, Board Member
Bureau Staff: Tana Cory, Bureau Chief
Budd Hetrick, Deputy Bureau Chief
Roger Hales, Administrative Attorney
Dave Hotchkiss, Hearing and Appeals Technician
Marcie McGinty, Investigations Coordinator
Carrie Gilstrap, Secretary
Roll call established attendance at 9:00 a.m.
MINUTES of NOVEMBER 16, 2007
A motion was made by Stephanie Liddle to accept the minutes of November 16, 2007. Seconded by Monica Fowers, motion carried.
Tana Cory presented the legislative report to the members of the board. Ms. Cory stated the rules went through the committee and were approved. The rule changes will go into effect when the Legislature adjourns in the spring. The changes included the approved exam and the qualifications for the application.
Budd Hetrick presented the financial report to the members of the Board.
Mr. Hetrick presented the investigative report to the members of the Board. One case is up for Board determination today.
I-PHT-2007-2 A motion was made by Carrie Coen to accept the bureauís recommendation and authorize closure. Seconded by Ms. Liddle, motion carried.
CONTINUING EDUCATION AUDIT PROCESS
Mr. Hetrick explained the continuing education audit process to the members of the Board. Mr. Hetrick stated that at the time of renewal, the licensee will answer a question as to whether or not they have met the continuing education requirement as well as sign an affidavit attesting they have met the requirement.
On an annual basis, the system will randomly select a percentage of current licensees to be audited. A letter will then go out requesting the continuing education documentation from the audit period be sent to the Bureauís office. The Board will then review the continuing education to ensure they met the requirement. If a licensee does not respond to the audit or if they do not meet the requirement, it will then go to the investigative unit for follow up.
A motion was made by Ms. Fowers to set the percentage of an audit at 10% annually with an audit run on a quarterly basis. Seconded by Ms. Liddle, motion carried.
POSSIBLE RULE CHANGES
The Board discussed the requirement for foreign-trained applicants. The Board stated if a personís education is equivalent to what is required, then they should be held to the same standard as a non-foreign trained applicant.
Al Crothers distributed a copy of Ohioís code of ethics to the members of the Board and Bureau staff. Mr. Crothers stated he would like the Board to review this document as it would better define the current code of ethics. The Board would then be able to fall back on this expanded code of ethics if a person is involved in misconduct. The Board would like Roger Hales to take a look at this to determine if this is something the Board could implement.
A motion was made by Ms. Liddle for Mr. Hales and the Board to review the document on the code of ethics and determine if this can be implemented. Seconded by Ms. Coen, motion carried.
CONTINUING EDUCATION APPLICATION REQUESTS
A motion was made by Ms. Fowers to approve all of the requests for continuing education. Seconded by Ms. Coen, motion carried. The continuing education requests include the following:
Course Provider: Health Ed
Course Title: Comfort Touch
Course Provider: People First Rehabilitation
Course Title: Anatomy and Physiology
Shoulder Assessment and Testing
Elbow Assessment and Treatment
Course Provider: Amedisys, Inc
Course Title: Balanced for Life
Heart @ Home
Course Provider: CE International
Course Title: Fat Cells and Disease Unraveling the Metabolic Puzzle
Course Provider: Data Trace Publishing Co.
Course Title: Physical Therapists Guide to Malpractice
Course Provider: Care2Learn
Course Title: Musculoskeletal Imaging: Thoracic Spine, Sternum, and Ribs
OPEN BOOK JURISPRUDENCE EXAMINATION
A motion was made by Ms. Coen to accept the jurisprudence exam as written and to implement this immediately for all applicants for licensure. Seconded by Ms. Liddle, motion carried.
The Board discussed with Mr. Hales the current requirement for an applicantís references. The Board stressed the importance of a professional reference used over that of a family member or friend. This is in accordance with the Rule 150.
A motion was made by Ms. Liddle to direct the secretary to request information from the four approved credentialing agencies regarding their process for evaluating a foreign trained individual and to present this to the Board during their next scheduled meeting. Seconded by Ms. Coen, motion carried.
The implementation of a diversion plan was discussed. The Board stated this hasnít been a big issue within the profession. Mr. Hales stated the Board may want to discuss this with the association if they want to implement such a plan. Mr. Hales also added this would involve a law change. Mr. Crothers stated he will follow up with the association.
Consumer rights were immunity was also discussed. Immunity would protect an individual in the case of a complaint being made against their employer, co-worker, etc. These were other issues that were discussed during the annual federation meeting. The Board again stated this hasnít been a big issue but, they will monitor it as needed.
A motion was made by Ms. Liddle to enter into executive session to discuss applications exempt from public disclosure as per Idaho Code 67-2345.1(d). Seconded by Ms. Fowers. Vote: Mr. Crothers, aye; Ms. Coen, aye; Ms. Liddle, aye; Ms. Fowers, aye. Motion carried.
A motion was made by Ms. Fowers to come out of executive session. Seconded by Ms. Liddle. Vote: Mr. Crothers, aye; Ms. Coen, aye; Ms. Liddle, aye; Ms. Fowers, aye. Motion carried.
PHYA-2300 A motion was made by Ms. Liddle to deny the application based upon admitted sexual abuse, prior record of disciplinary action for sexual abuse, and concerns based upon the recent mental evaluation establishing that he still may be a danger to the public. The Board will require he continue treatment and provide an additional evaluation that states he is safe to practice prior to their re-consideration of his re-instatement. Seconded by Ms. Fowers, motion carried.
PHYA-2191 A motion was made by Ms. Coen to deny her application based upon the third failure of the national examination. The applicant may re-apply when she can demonstrate to the board evidence of successful completion of additional course work or training. Seconded by Ms. Fowers, motion carried.
PHYA-2333 A motion was made by Ms. Liddle stating that this application can not be processed until the applicant can submit proof of valid residency and the right to work in the United States as per Idaho Code 73-122. Seconded by Ms. Fowers, motion carried.
PHYA-2332 A motion was made by Ms. Liddle to allow this applicant to sit for the national examination. Seconded by Ms. Coen, motion carried.
The next meeting is scheduled for May 16th, 2008 at 9:00 a.m.
Meeting adjourned at 11:40 a.m.