November 27, 2007 Regular Board Meeting
Capitol, Room 413, Pierre, SD
Present: Laura Woitte, Jeff Holcomb, Rebecca Dykema, Tom Charron, and Joyce M. Vos, Executive Secretary.
The meeting was called to order at 10:30am.
1. A motion was made by Holcomb and seconded by Charron to approve the August 29, 2007 Board meeting Minutes. During discussion, Staff offered a correction to agenda item 7d. She explained that since there was a concern voiced at that meeting whether the Board was taking legal action against those advertising and practicing massage illegally, even prostitutes, she followed up with the Sioux Falls Detective that contacted her. The correction is that he said the prostitutes do not advertise that they do massage but that is what they claim they’re performing when they get arrested. Therefore, Staff wanted to correct the Minutes. M/S/P Holcomb/Dykema to approve the Minutes as corrected. It was noted that the police can prosecute the prostitutes for illegally performing massage without the Board’s involvement since they are breaking a law.
2. The Board spent a good amount of time discussing the joint Memo initially drafted by the Cosmetology Commission with some amendments from Staff. The Commission was hoping to clarify the jurisdiction of services between their licensees and our licensees and send the memo to all. Unfortunately no one from the Commission was able to be present. M/S/P Holcomb/Charron to table the Memo and further discussion until the Commission could be present.
3. The Board discussed the April Minutes from the Board of Nursing and the November conversation Staff had with their Linda Young in regard to nurses performing massage therapy. There was a lot of discussion about scope of practice but without anyone present from BON. It was decided that before we ask for the Attorney General’s opinion of §36-35-25 Application of Chapter, Holcomb offered to draft a Position Paper to submit to BON. M/S/P Holcomb/Charron to table further discussion and draft a Position Paper for the Board’s review and submission.
4. Staff shared a draft letter for requesting the curriculum from the SD massage schools and programs in order to prepare for the July 1, 2008 close of licensure grandfathering. M/S/P Dykema/Holcomb to send letter as drafted and add Susan Hoffman and Avera St Luke’s in the mailing.
5. The Board reviewed the 2nd Quarter financial statement. Staff pointed out that the revenue just for the month of October was equivalent to 21 new licenses. It was noted that the revenue over-budget was from the surge of new licenses due to the extended grandfathering. It was also noted that there will likely be a slow-down in revenue after the July 1, 2008 grandfathering deadline and perhaps difficulty subsisting on the $65 license fee in the future. Staff detailed a few expenses, one being an expense from the former office that wasn’t experienced until this budget year.
Staff reported on her recent experiences with GOAC (Government Operations and Audit Committee) which has been reviewing the accounts of all the boards and commission over the last couple years. She has had to respond for her other licensing boards in the past and was recently asked to provide explanations to specific revenues and expenses encumbered by this board’s former office. She explained that with the financial assistance of the Department she was able to submit the best response possible to GOAC.
6a. Woitte gave a report on her recent attendance at the Federation of State Massage Therapy Boards annual meeting. It’s advantageous to attend since the Federation pays the expenses. There was a great deal of time spent discussion their examination. It is the only exam designed for licensing as opposed to the two certification groups exams. Very timely information as we enter that phase of our licensing process. There was a board training that was also helpful. Texas has largest number of licensees at 70,000! Woitte was assigned to serve on the Policies and Procedures committee. She said the Federation is welcoming the boards to ask for assistance/services and that Patty Glenn the president and Debra Persinger the ED are excellent and very helpful. She returned with the national curriculum and exam information.
It was mentioned that we should put the internet links to the professional examinations on our website for prospective licensees.
6b. Staff asked the Board to confirm she understood the Statute regarding renewals and the late fee correctly. She noted that they will now have to send out the renewal notices even earlier since the licensee have to be renewed at 30-days prior to their expiration or they pay the $75 late fee. And laws have no flexibility. After some discussion, she offered to send a mailer to licensees in the Spring, prior to the start of the renewal cycle, emphasizing this requirement and importance of renewing on time.
M/S/P Holcomb/Dykema to adjourn the General Session at 12:43pm.
M/S/P Dykema/Charron to commence Executive Session at 12:57pm.
Introductions were exchanged with the new Assistant Attorney General Andrew Knecht.
M/S/P Charron/Holcomb to commence General Session at 3:05pm
ES1. The Board visited with the applicant. M/S/P Holcomb/Charron to approve her for a license.
M/S/P Holcomb/Charron that Staff send a letter to the complainant and explain that since the Board doesn’t have jurisdiction over the unlicensed, Case #2007-01 will be turned over to the Minnehaha State’s Attorney’s office, and then close the case.
M/S/P Holcomb/Dykema to direct Staff to turn Case #2007-0001 over to the Minnehaha State’s Attorney’s office for processing.
M/S/P Holcomb/Charron to dismiss Case #2007-0002 without findings.
ES2. M/S/P Holcomb/Dykema to deny the applicant a license due to: failure to demonstrate moral character compliant with Chapter 36-35; unprofessional conduct compliant with Chapter 36-35, and failure to comply with imposed HPAP.
ES3. M/S/P Dykema/Charron to discontinue pursuit due to lack of jurisdiction.
ES4. M/S/P Charron/Holcomb to grant the applicant a license.
ES5. M/S/P Holcomb/Charron to grant the applicant a license contingent upon her explanation of question #15 of the application.
ES6. M/S/P Holcomb/Dykema to notify the Davison County State’s Attorney’s office about the unlicensed massage therapist which has already been noticed by this Board to cease practice.
Staff stated she would call the next meeting together when enough Board business warranted a meeting. She said she would try to meet with legislators Gant, Jerstad and Thompson before Session, but there hadn’t been any indication of pending legislation.
The meeting adjourned at 3:40pm.
