Board Meeting Minutes
July 25, 2011
Present: Laura Woitte, Twyla Fritz, Rebecca Dykema, Linda Zeller, Steve Blair, Jim Carlon, and Joyce Vos
The meeting was called to order at 10:05am.
Staff asked how to consider reimbursement for an expert witness. It was suggested to check with the Department.
Staff provided a scenario of unlicensed practice and was instructed to treat each case the same which means they get sent to the County State’s Attorney’s office no matter who requests otherwise.
M/S/P Woitte/Fritz to move into Executive Session at 10:18am.
M/S/P Zeller/Fritz to move into General Session at 10:40am.
M/S/P Fritz/Woitte to close Case 2010-02 since the licensee met the Board’s stipulation, remind the licensee these CE hours are in addition to the 8 required for renewal, and send closure letters to both parties.
1. M/S/P Fritz/Woitte to notice Yuying Shan for a complaint hearing.
2. Staff updated the Board on Lindsey Battey’s unlicensed practice notice to the Lincoln Co. State’s Attorney’s office. Carlon reminded the Board that she has the right to appear before the Board on August 8 with her findings of facts.
3. Staff was directed to issue a complaint against Jamie Messmer for her failure to comply with the Board’s waiver and probably failure to have insurance.
4. M/S/P Woitte/Zeller to issue a license to Darren Kudrna.
5. It was determined the Board cannot license Crystal Coleman by reciprocity since she was grandfathered in another State and does not meet SD requirements.
6. a. Carlon addressed a question with SDCL 36-35-16 as to whether the licensee’s CE is required by the renewal due date or whether they have until their expiration date. He interprets the law to say the expiration date.
b .Carlon addressed a question with the revised SDCL 36-35-14 as to whether a grandfathered licensee that let their license expire prior to July 1, 2011 has the option to re-apply under the grandfathering provision. He interprets the law to say no since the law was not in effect prior to July 1 when they expired and is only applicable to expired licensees after the effective date. M/S/P Woitte/Fritz to request an interpretation from the Attorney General’s office.
7. Carlon addressed a question as to whether a license can be renewed late when the licensee sent an incomplete renewal and a membership registration as opposed to the certificate of insurance. He said it could be renewed if the late submitted insurance certificate shows no lapse in coverage and all other requirements had been met.
8. Carlon addressed the question as to whether unlicensed persons can provide massage CE programs. He said at this time they can and reiterated that the Board has the authority to review and approve programs.
9. The Board conducted the licensing hearing with Nancy Benter.
10. The Board conducted the licensing hearing with Lynn Rivers.
M/S/P Woitte/Fritz to move into Executive Session at 1:36pm.
M/S/P Woitte/Zeller to move into General Session at 2:02pm.
M/S/P Fritz/Woitte to deny Nancy Benter a license due to her unprofessional conduct of practicing without a license.
M/S/P Woitte/Fritz to deny Lynn Rivers a license due to her unprofessional conduct of practicing without a license.
11. Christine Rovere will need a Notice for a licensing hearing due to her practice without a license depending on the outcome of the Attorney General’s opinion. Susie Craig will need a Notice for a licensing hearing due to her practice without a license when her application file is complete.
12. The reviewed draft Administrative Rules. Suggestions were made as to how to accept CPR certification classes. Staff will proceed with the Rules process.
13. M/S/P Woitte/Fritz to approve the May 16, 2011 Minutes as presented.
14. M/S/P Woitte/Fritz to deny Allinda Wright’s request for an exception to compliant CE programs.
15. The current financials were reviewed and filed as presented.
16. The Federation for State Massage Therapy Board’s annual meeting October 13-15 was briefly discussed.
The meeting was adjourned at 3:05pm.