July 25, 2006 Regular Board Meeting
National American University, Sioux Falls, SD
Meeting to order at 9:05 a.m.
The Secretary called roll and members present were:
Valerie Hinzman, Vice President
Gail Dawn
Jamie Clark, Secretary
Also present:
Christina L. Fischer, Asst. Executive Secretary
Members Absent:
Raye Jean Blundell
Procedure of non-public comment hearing was explained by Hinzman.
Minutes from the May 22, 2006, board meeting were read aloud by Jamie Clark. Motion to approve as read made by Gail Dawn and seconded by Clark. All in favor, motion carried.
Minutes of the May 30, 2006, board meeting were read aloud by Clark. Motion to approve as read made by Dawn and seconded by Clark. All in favor, motion carried.
Minutes of the May 30, 2006, board meeting were read aloud by Clark. Motion to approve as read made by Dawn and seconded by Clark. All in favor, motion carried.
Fischer reported that correspondence received by the board and Great Plains Solutions has been responded to accordingly.
Old Business
Fischer reported that the application to the federation will be made shortly, once the survey is received. The annual meeting is scheduled for September 22 and 23, which Hinzman and Fischer will attend.
Further division and action on the rules
The board noted that 20:76:01:01 through 20:76:01:05 were appropriate and would be left as is.
The board noted the application fee is set by statute and it has no control over it. Thereafter, a two hour discussion was held regarding the licensure fee. Clark reported that she has attempted to work out the numbers for the licensure fee which come to approximately $1.92 per week. A discussion was held regarding their concern that the fee had to be paid all at one time. Hinzman noted that while several massage therapists want the licensure fee lowered there has been no solution offered. Dawn suggested that the therapists pay $100 now, $100 their first year and $100 their second year. The board noted that statutorily this would not work due to the applicants receiving their license upon payment of the application fee and licensure. The board also noted that this would not be efficient for bookkeeping purposes and that an additional $200 would have to be paid immediately after the second year.
The board went on to determine to consider if any items could be cut from the budget. The board discussed the issue of Great Plains Solutions and that their payment to Great Plains Solution is quite low considering they have no staff, office equipment or other necessary supplies.
Clark suggested that the application be paid immediately and upon the acceptance the applicant would have thirty days to submit a $200 licensure fee. The board considered that this would only provide a short period of time while the applicant was not able to practice. The board also considered the fact that there would be ramifications, such as resubmitting of the application for $100, if the applicant failed to submit the $200 within thirty days. The suggestion was determined not to be workable and abandoned.
Hinzman suggested a sunset licensure fee period to give members their commitment to revisit the issue. The board determined this was an unworkable solution due to possible confusion in not being able to revisit the issue earlier if the funding allowed for it and the fact that the state has already protected the public and massage therapists by not allowing extra money to be stored by the board. The state has already taken this into consideration and has the appropriate control of the situation.
A break was taken at 10:16 a.m. and reconvened at 10:31 a.m.
The idea of sunsetting the licensure fee was abandoned due to more harm than good that it would cause.
Dawn inquired as to the request to credit individuals who have to be licensed in Sioux Falls. A discussion regarding whether Sioux Falls would revisit this issue once the state had the appropriate measures in place was had. The issue regarding additional government qualifications was discussed and whether the state would then credit government employees also. The board determined not to give any credit for other licensures.
Continuing education requirements
20:76:03:01 was determined to remain as is. 20:76:03:02 the amount of hours needed for continuing education was discussed. The board noted that in limiting the amount of electronic delivery continuing educations they were learning from other states and attempting to avoid mistakes the other states had made. Clark noted that other states require an average of 27 hours per year.
Clark suggested the idea of carrying over hours (i.e. if an individual has more than 16 hours those hours could be carried over for the next year). The board noted that this would defeat the purpose of the continuing education requirements and that the board may consider the possibility of allowing a carry over on individual cases based on hardship. The board determined to leave 20:76:03:02 as is. The board determined that 20:76:03:02 through 20:76:03:07 would be left as are.
Disciplinary Proceedings
The board discussed 20:76:04:01 with regard to a comment made on July 24, 2006, regarding an arbitration panel. The board determined that was not necessary as measures are appropriately in place with South Dakota law and the right to appeal to circuit court.
The remainder of 20:76:04 was left as is.
Malpractice or Professional Liability Insurance
20:76:05:01 attorney McCaulley’s email suggestion to Great Plains Solutions regarding the change of the term “approved by the South Dakota Division of Insurance” to be changed to “with the certificate of authority from the South Dakota Division of Insurance” was accepted. Motion by Dawn to accept the change as to comply with the June 21, 2006, email from attorney McCaulley and seconded by Clark. All in favor, motion carried.
Motion by Clark to submit the draft to Rules Review with the changes made for continuation in the rules process. Seconded by Dawn. All in favor, motion carried.
Motion by Dawn, second by Clark to table the discussion regarding gathering names of massage therapists and Rolfing. All in favor, motion carried.
New Business
Agenda for the next meeting
Submission of the Sioux Falls application was submitted and entered into the record for consideration.
The board requested that #6 on the application be changed to per occurrence and that the application be checked.
The board members and all individuals were directed to the website of the South Dakota Board of Massage Therapy to view the Sioux Falls application so the application issue could be considered again at the next meeting.
Board Vacancy
Raye Jeanne’s term has expired and she is opting not to request another term. She is still considered a member of the board until the Governor appoints a replacement.
David has resigned due to his mother’s illness. The person appointed to fill David’s spot will fill the remainder of his term which is approximately two years.
How to submit the individual’s names to the Governor’s Office to fill these vacancies was discussed briefly. The board stated that the appointments are up to the Governor’s Office and any individual wishing to recommend themselves or another should contact the Governor’s Office and possibly his/her legislator.
NCETMB Communication
11:37 break was taken and the meeting reconvened at 11:47.
The letter from NCETMB was considered and the board discussed that if South Dakota law require massage therapists to pass a national exam that complies with the national standard. If the federation creates such a test the South Dakota massage therapists would have an option of which test to take.
The board accepted the comments of Cory Carter.
The board stated that the budget is public and will be given to anyone who requests to have such a budget through Great Plains Solutions but the budget will not be placed on the internet.
The board commented that the oral comments from the rules hearing would be transcribed and put on the website as requested but the timeline is unknown.
Hinzman reviewed the rules process and explained the next step of being submitted to the LRC.
Board Meetings
The August 29, 2006, board meeting will be in Pierre at the Capitol Building. Hinzman also noted that the rules would be submitted to the interim committee of the LRC on the 29th at 9:00 a.m. The previously scheduled meeting for September will be on August 29th instead.
The next meeting would be held in Rapid City on November 13, 2006, time and location to be announced.
Motion by Dawn to adjourn and seconded by Clark. All in favor, motion was carried.
