Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 


Board Meeting Minutes of 11/18/2010




BOARD MEMBERS PRESENT:  Andrew J. Seitz - Chair

                                                             Gayle L Chaney

                                                             Jody S. O'Donnell

                                                             Barbra Osterhout

                                                             Leah D Whiteman

                                                             Dennis J. Bell

                                                             Mary R. Reis


BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Administrative Support Manager

                                                            Lori Peel, Investigative Unit Manager

                                                            Karl Klein, Administrative Attorney

                                                            Linda Goff, Technical Records Specialist


OTHERS PRESENT:                     Leah Garey, via phone



The meeting was called to order at 1:00 PM MST by Andrew J. Seitz. Mr. Seitz introduced Ms. Osterhout to the members of the Board and Bureau staff.




A motion was made by Ms. Reis to approve the minutes of October 21, 2010. Ms. Chaney seconded and the motion carried.



Ms. Cory provided a brief explanation on the relationship between the Bureau and the Boards for the benefit of the Board’s newest members.


Ms. Cory presented an update on RS 19954 to amend Idaho Code 54-2918 to remove outdated language and to provide licensure by endorsement; as well as the addition of Hearing Aid Dealer and Fitter language to Idaho Code 54-2927. The change has been drafted and approved by the Governor’s Office. Ms. Cory requested the Board’s permission to post the draft to the Board’s web page.


A motion was made by Ms. O’Donnell to post the draft to the Board’s web page. Ms. Whiteman seconded and the motion carried.



Ms. Hall presented the Financial Report to the Board. As of October 31, 2010, the Board had a negative balance of $10,992.45. Ms. Hall noted the Board is headed in the right financial direction and that the fee increase, in addition to payment of some fines, has helped.



Ms. Peel explained the process of reporting to the national data bank to the Board. After discussion, the Board determined that continuing education is administrative and not related to the delivery of health care.


Ms. Chaney made a motion the Board not report continuing education discipline to national data banks. Ms. Reis seconded and the motion carried.


Ms. Peel reported three cases are still with the Attorney General’s Office. Jean Uranga will be the Board’s new prosecutor: Ms. Peel asked members to refer complaints to Nita Metro, the complaint coordinator.


For Board Determination:


I-SHS-2010-1  C alleged R failed to follow through on his promise to re-sell hearing aids that R sold C if C was unhappy with the aids.  Investigation revealed that C purchased the aids from R in August 2007.  On August 6, 2009, C filed the complaint with the Bureau, and C passed away four days later.  C’s wife informed the investigator that C was never happy with the aids and that after C died, she took the aids to R and asked him to sell them for her.  C’s wife stated that R told her that he would not be able to sell them and she should try to sell them herself.  C’s wife stated that they never asked for a refund, and she didn’t like R “backing out on his promise to them.”  R informed the investigator that he did not make any promises to C about selling the aids, and it was only after C passed away that he told C’s wife he would try to find someone to buy them.  R stated that after minor adjustments, C never complained about the aids and had R clean and adjust the aids whenever he was in town.  R stated that C never asked for a refund and appeared to be happy with the aids.  Based on the fact that C never asked for a refund, IBOL recommends that the Board authorize closure.

A motion was made by Mr. Bell to authorize closure. Ms. O’Donnell seconded and the motion carried.


Ms. Peel presented a request for payment arrangements to the Board. Mr. Bell made a motion to accept the request as long as the requestor adheres to the payment plan. Ms. Whiteman seconded and the motion carried.




Leah Garey

The Board discussed with Ms. Garey issues she had raised in an e-mail to the Board.


Ms. Garey’s e-mail outlined concerns with the provisional permits and quarterly report process; licensing delays; and customer service/fiscal responsibility.


Ms. Garey was given an explanation of the Bureau and Board functions. Mr. Seitz explained that meeting date and frequencies depend upon volunteer Board members’ availability and the number of complete applications to be reviewed. The Board stated that most licensing delays are due to incomplete applications, many of which are approved pending receipt of the missing documentation.


The recent fee increase was another concern. Mr. Seitz explained when the Board was created and joined with the Hearing Aid Dealers Board, a deficit existed. The Board has worked to erase the debt. A fee increase was passed in the Legislature a year ago because all Boards under the jurisdiction of the Bureau need to be self-supporting. The fees are based on the number of licenses, number of meetings held, amount of complaints and many other factors.


Ms. Garey expressed a concern about the Board lacking transparency. Ms. Cory explained meeting dates are set in accordance with open meeting rules and laws. In regard to financial transparency, the Board explained how to find the financial information for the Board on the website where revenue and expenses for the Board are available.


In regard to questions on customer service, Mr. Seitz explained the Bureau staff cannot give personal views and cannot speak for the Board. Ms. Garey stated she wished the Board did more advocacy for the profession in the Legislature. Mr. Seitz stated the Board is unable to act as an advocate as the Board’s role is to protect the public and advocacy is the role of an association.


The Board thanked Ms. Garey for her input.


Ms. O’Donnell informed Ms. Garey of a sub-committee formed to address some of the issues Ms. Garey presented. Ms. Garey agreed to be a part of the ISHA Ad Hoc Committee.


School Exemptions for Aides and Assistants

A discussion was held regarding requirements for SLP Aides and Assistants working within a school district. After discussion and review of Idaho Code, it was determined Aides and Assistants are exempt from licensure providing they are working under the supervision of an SLP with a Pupil Personnel Endorsement.


Numerous questions from schools have been received due to the fact that Medicaid is refusing payment for Aides and Assistants. After discussion, it was determined this is an issue between Medicaid and the schools. Schools will be directed to contact Medicaid in regard to billing practices.



Ms. Chaney requested clarification on telepractice. After discussion, it was determined that state lines cannot be crossed without first obtaining licensure. Mr. Seitz stated the Board is likely to see more questions as telepractice is in more demand.


CE Provider Approval

The Board reviewed requests submitted by Rehab Education, LLC and Medical Education Service Inc., for continuing education approval of workshops they will offer. After review and discussion of the materials presented, a motion was made by Ms. O’Donnell to approve both requests. Ms. Chaney seconded and the motion carried.


Discussion of Face-to-Face Meeting Lengths

A discussion was held regarding time needed to resolve all agenda items during face-to-face meetings. After discussion, the Board determined the May meeting will begin at 10:00 am MDT.


ISHA Update Regarding Supervision Requirements

Ms. O’Donnell presented an update on the ISHA Ad Hoc Committee to the Board regarding changes the committee would like to see and which of those changes would require rule changes.


One question raised related to the necessity of the detail on the quarterly reports submitted by permit holders. Ms. Hall and Ms. O’Donnell will review the forms.

Ms. Hall will also check with Mr. Klein to see if an option of a temporary permit for people practicing for a short period of time will work for this Board.



A motion was made by Ms. O’Donnell that the Board go into executive session under Idaho Code 67-2345(d) to consider such records that are exempt from disclosure under the Idaho Public Records Law. The purpose of the Executive Session was to consider license applications, quarterly reports, continuing education for reinstatement and audit materials submitted for Board review. Ms. Chaney seconded. The vote was: Mr. Bell, aye; Ms. O’Donnell, aye; Ms. Reis, aye; Ms. Chaney, aye; Ms. Whiteman, aye; Ms. Osterhout, aye; and Chairman Seitz, aye. There were no nay votes.


Ms. O’Donnell made a motion to come out of executive session. Ms. Reis seconded. The vote was Mr. Bell, aye; Ms. O’Donnell, aye; Ms. Reis, aye; Ms. Chaney, aye; Ms. Osterhout, aye Ms. Whiteman, aye; and Chairman Seitz, aye. There were no nay votes.



A motion was made by Ms. O’Donnell and seconded by Ms. Reis to approve the following:


            Approved for Licensure:

                        BARGEN, GABRIEK ANNE                                                AUD-2063


                        BARGEN, GABRIEK ANNE                                                SLP-2062

                        CHESI, DEBRA                                                                    SLP-2056

                        HALE, COREY A                                                                  SLP-2060

                        MARSHALL, KRISTINE DIANNE                                       SLP-2059

                        MYGRANT, ASHLEE                                                           SLP-2055


                        HOLLINGSWORTH, SARAH MICHELLE              SLPA-2061



The motion carried.


NEXT MEETING January 12, 2011 at 8:30 AM MST; for review of applications only.



A motion was made by Ms. Reis to adjourn the meeting at 3:40 PM. Ms. Osterhout seconded and the motion carried.


_________________________________      _________________________________

Andrew J. Seitz, Chair                                      Gayle L Chaney

_________________________________      _________________________________

Jody S. O'Donnell                                            Barbra Osterhout

_________________________________      _________________________________

Leah D Whiteman                                             Dennis J. Bell

_________________________________      _________________________________

Mary R. Reis                                                    Tana Cory, Bureau Chief