IDAHO SPEECH AND HEARING SERVICES BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 11/13/2008

 

 

 

BOARD MEMBERS PRESENT:  Andrew J. Seitz - Chair

                                                             Jody S. O'Donnell

                                                             Dennis J. Bell

                                                             Carletta J. Allen

                                                             Brenda B. Mecier

                                                             Mary R. Reis

 

 

BOARD MEMBERS ABSENT:    Joanne M. Huylar

                                                           

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Deputy Bureau Chief

                                                            Dave Hotchkiss, Investigations Coordinator

                                                            Karin Magnelli, Deputy Attorney General

                                                            James Stoll, Administrative Attorney

                                                            Cherie Simpson, Management Assistant

                                                            Janice Wiedrick, Technical Records Specialist

                                                            Linda Goff, Technical Records Specialist

 

OTHERS PRESENT:                     Anne Kuhlmeier, M.A., CCC, ATP

                                   

 

Meeting was called to order at 1:30 PM MST by Andrew J. Seitz.

 

APPROVAL OF MINUTES

 

Ms. Reis moved to approve the minutes of October 23, 2008 provided a spelling error is corrected. Ms. O’Donnell seconded the motion, and it carried.

 

LEGISLATIVE REPORT

 

Ms. Cory gave an update on deadlines and proposed legislation.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report. This report is available on the website. It was noted that an increase in fees may have to be considered, as funds continue to decline.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss reported the following:

 

Fiscal Year 2009 (to date)  
          Total Complaints Received: 1
Status:  
Remaining under investigation 1
   

Fiscal Year 2008

 
          Total Complaints Received: 10
Status:  
Closed by Board action 1
Closed following disciplinary action 2
Pending Office of the Attorney General  1
Remaining under investigation 4
Awaiting Board determination 2
   

Fiscal Year 2007

 
         Total Complaints Received: 19
Status:  
Closed by Board action 10
Closed following disciplinary action 3
Pending Office of the Attorney General 4
Remaining under investigation 2
   

Fiscal Year 2006

 
          Total Complaints received 13
Status:  
Closed by Board action 4
Closed following disciplinary action 4
Pending Office of the Attorney General  3
Awaiting Board Determination 2
   

Fiscal Year 2005

 
          Total Complaints received 15
Status:  
Closed by Board action 10
Pending Office of the Attorney General  4
Awaiting Board Determination 1
   

Fiscal Year 2004

 
          Total Complaints received 15

Status:

 
Closed by Board action  14
Pending Office of the Attorney General  1

 

For Board Determination: 

 

I-SHS-2005-6            C alleged that R removed wax from a patient's ears, resulting in an occlusive hematoma. INV revealed the client was seen by a doctor who found a hematoma in the external ear canal occluding the canal. The laceration was treated over a 3 week period and the client returned to the R and was fit with hearing aids. INV revealed the R did remove ear wax from the client's external ear, using a cotton swab and irrigation, but denied causing any trauma to the ear.  INV could not reveal evidence to support the allegations that R caused the injury.  IBOL recommends the Board authorize closure.

 

A motion was made by Mr. Bell to accept the Bureau’s recommendation to authorize closure. Ms. Mercier seconded, motion carried.                       

I-SHS-2005-8           C alleges that R purchased aids which needed adjustments.  R is not happy with the quality and is requesting a refund. INV revealed the C was given an 85 % refund for one aid.  INV also revealed that C never stated that they were not satisfied with the other hearing aid and maintained possession longer than 30 days.  The R eventually refunded the money for the other aid.  INV did not reveal evidence to support the allegations or a violation.  IBOL recommends the Board authorize closure.

 

A motion was made by Mr. Bell to accept the Bureau’s recommendation to authorize closure. Ms. Reis seconded, motion carried.          

 

I-SHS-2006-10         C alleges R did not fit the C for the aids that were partially paid for.  When the aids arrived they were way too big and fell out of the ear.  One aid ended up missing and R will not refund for the lost aid. INV revealed the R refunded 85% of the cost for one hearing aid per the contract.  The other hearing aid was lost by the C but when it was found it was past the 30 day return policy.  The R was willing to honor a one time replacement of 30% but the C refused.  The R did have the one hearing aid re-cased and the C is using it.  INV did not reveal any evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure.

 

A motion was made by Mr. Bell to accept the Bureau’s recommendation to authorize closure. Ms. Reis seconded, motion carried.          

 

I-SHS-2008-4           C alleges that R has never adjusted the C's hearing aid so it will work and will not accept it as a refund. INV revealed the C received several hearing aids in an attempt to have a successful resolution.  R maintains that C never stated that they wanted their money back and a refund was never discussed.  R stated that they are willing to work with the C if additional services are necessary.  IBOL recommends the Board authorize closure.

 

A motion was made by Ms. O’Donnell to accept the Bureau’s recommendation to authorize closure. Ms. Mercier seconded, motion carried.         

 

I-SHS-2008-7            C alleged that a hearing aid was purchased from R and C returned the hearing aid because it did not work properly.  R then tried two other hearing aids that did not fit properly.  C then wanted a refund and R only refunded part of the money. INV revealed the C returned the hearing aids after the 75 days the R's clinic offers.  R refunded the C as a goodwill by only charging the C for the visits and services that R actually received and refunded the difference.  INV did not reveal evidence of a violation. IBOL recommends the Board authorize closure.

 

A motion was made by Ms. Mercier to accept the Bureau’s recommendation to authorize closure. Ms. O’Donnell seconded, motion carried.

 

DISCIPLINE

 

Karin Magnelli, Deputy Attorney General reported the following:

 

I-SHS-2005-3            Ms. Magnelli presented a memorandum for this case.

The Board recommended a consent order be negotiated with R including a license suspension of 30 days, a $1,000 fine as well as $625 in investigative and attorney fees.

 

I-SHS-2009-1            Ms. Magnelli presented a memorandum for this case. The Board recommended a consent order be negotiated with R to include a $625.00 fine, as well as non renewal of the license. For a new license R must appear before the Board.

 

I-SHS-2008-1 and I-SHS-2008-4  Ms. Magnelli presented a memorandum for this case. The Board recommended a letter be written explaining the term “audioprosthologist” is not an accredited title – the term requires no degree which may be misleading in advertising. Mr. Bell made a motion that a sub-committee be formed to draft a rule change regarding the use of the word “audioprosthologist” and its definition. Ms. O’Donnell seconded the motion. The committee will consist of Mr. Seitz, Ms. Mecier and Mr. Bell.

 

Provisional Permits

 

A discussion was held regarding the instructional page of the provisional permit. Ms. Reis made a motion to accept changes in the wording, Ms. Allen seconded, motion carried.

 

Continuing Education

 

A discussion was held on a Continuing Education rule change to allow the Board latitude in dealing with hardship cases. It was agreed such cases will be reviewed on a case by case basis. Mr. Bell made a motion to authorize a rule change for the 2010 year, to reflect verbiage used by other boards. Ms. Reis seconded, motion carried.

 

Telepractice

 

A discussion was held regarding Telepractice. It was decided the quality of service must match that of a face to face. Mr. Stoll will draft a short note to be reviewed by Ms. Allen and Ms. O’Donnell. Ms. Allen made the motion, Ms. O’Donnell seconded, motion carried.

 

SLP Quarterly Report

 

The SLP Quarterly Report draft form was presented to the Board. Ms. Allen moved to accept the draft with changes made by Ms. O’Donnell. Ms. O’Donnell seconded, motion carried.

 

Guest Presentation

 

Ms. Anne Kuhlmeier, M.A., CCC, ATP addressed the Board regarding concerns and changes she would like to see implemented in regard to CFY Supervision. Ms. Kuhlmeier proposed that upon completion of an application, and prior to passing the PRAXIS Exam, Trainees be allowed to start work, pending Board Review. Another concern was the state allows only one supervisor per Trainee, while ASHA allows two. After discussion, the Board requested Mr. Stoll compose a draft for rule changes to more closely reflect those required by ASHA. Mr. Stoll will work with Ms. Simpson to compose the draft to be presented to the Board.

 

Membership in NCSB      

After discussion, this item was tabled until the next regularly scheduled meeting.

 

NEW BUSINESS

 

Correspondence

 

A discussion was held regarding a letter of admonition received from the State of Colorado. This item was tabled until the next regularly scheduled meeting.

 

EXECUTIVE SESSION

 

A motion was made by Ms. O’Donnell to go into executive session for review of applications per Idaho Code 67-2345 (1) (d). Mr. Bell seconded. Votes were: Mr. Seitz, aye; Ms. O’Donnell, aye; Mr. Bell, aye; Ms. Allen, aye; Ms. Mecier, aye; and Ms. Reis, aye. Motion carried.

A motion was made by Ms. O’Donnell to come out of Executive Session, Ms. Reis seconded. Votes were: Mr. Seitz, aye; Ms. O’Donnell, aye; Mr. Bell, aye; Ms. Allen, aye; Ms. Mecier, aye; and Ms. Reis, aye. Motion carried.

A motion was made by Ms. O’Donnell to approve the following; Ms. Mecier seconded, motion carried.

 

APPLICATIONS

     Approved for Licensure

 

ABROMEIT, JANET SLP-1808
BZDELL, ANTONIA P SLP-1811
HERNANDEZ, TONYA RENEE SLP-1807
JOHNSON, JENNY L SLP-1810
RICHITELLA, ANTHONY SLP-1812
SIMPSON, SANDRA

ASLP-1791

        

 

    Approved for Testing

 

ALDOUS, JESSIE DEAN

SHSA-1770

HEINZE, STEVEN

SHSA-1754

 

                                                                   

     Terminated due to Inactivity

 

            901053375                                                   

            901094607

            901100501

            901101352

            901039241

            901066291

 

 

NEXT MEETING December 18th, 2008, teleconference at 1:30 PM.

 

Ms. O’Donnell moved to adjourn the meeting at 4:05 PM. Ms. Reis seconded, motion carried.