Board Meeting Minutes

August 29, 2007, 12:00 Noon
Southeast Technical Institute, Sioux Falls, SD

Board Members present:  Tom Charron, Gail Dawn, Laura Woitte, Rebecca Dykema, Jeff Holcomb, and Joyce Vos, Executive Secretary.

The meeting was called to order at 12:05pm  President Dawn welcomed new board members Tom and Rebecca.  She thanked Jeff for providing the meeting room and lunch.  She thanked Staff for her efforts in putting it all together.

M/S/P Holcomb/Woitte to move into Executive Session at 12:08pm.

M/S/P Woitte/Dykema to move into General Session at 1:40pm.

  1. M/S/P Woitte/Holcomb to approve the April 30, 2007 Board Minutes as presented.

    Staff asked for clarification in regard to a couple of topics in the April Minutes.  M/S/P Holcomb/Charron to direct Staff to send a letter to all the schools providing massage therapy instructions and request their curriculum for review by the board.  If the school’s educational program is preparing students for the taking and passing of a national examination, their educational programs may then be “recognized” by the board.  The schools are to be given a January 1, 2008 deadline to provide the material.  Staff may contact the associations to develop the list of schools to contact.  Woitte agreed to get national examination information/guidelines to consider along with the school’s education programming.

    M/S/P Holcomb/Woitte to approve the May 17, 2007 Board Minutes as presented.

    M/S/P Woitte/Charron to temporarily recess the board meeting at 1:58pm in order to convene the Public Rules Hearing as schedule at 2:00pm.

    The board meeting reconvened at 3:15pm.  Guests now present included Mary Potter, Dennis Potter, Gloria Nichol, Susan Clift, and Rhanda Heller.

  2. The Board reviewed the request from Gwendolyn Young.  They agreed she needed to contact massage therapy schools to get her education or complete her education in Colorado as required by the correspondence school, but they were not going to recommend an alternative to getting her hands-on education.

  3. Three of the Board members were familiar with Dr. Cory Carter and his point of view regarding naturopathic and massage therapy.  They agreed the former Executive Secretary Brett Koenecke was clear and accurate in his response to Dr. Carter.  They directed Staff to send Dr. Carter the type of letter previously discussed in Executive Session.

  4. Staff provided correspondence from the Federation of State Massage Therapy Boards (FSMTB) as informational.  It had been decided earlier that Woitte would attend the expense-paid annual meeting October 12-14, 2007.  Staff assured the Board that she now had their membership dues paperwork and would process the payment.  Staff will also get the specifics on how the expenses are covered, etc. and let Woitte know.  It was noted that the FSMTB had one of the exams recognized by the Board.

  5. Staff noted that once Maria Nolen from NCBTMB contacted her, she finally understood what they needed on behalf of the SD massage schools.  She provided a copy of the memo she produced on Board letterhead, as requested.  The memo would serve the purpose until the Board has reviewed the educational programs and officially “recognizes” the schools.

  6. The Board reviewed the letter from Carrie Beets suggesting that the Board propose a rule that massage school instructors need to have passed the national certification exam.  M/S/P Woitte/Holcomb to table this discussion until the Board is reviewing the education programs as previously decided.

  7. a.      The Board reviewed the 31-year-old letter from the Attorney General provided by Toni Lamb in regard to whether reflexology is controlled by the SD Massage Act.  Lamb’s question was whether today’s Board governs Reiki and Reflexology, but in particular Reflexology.  Staff was asked to read the definition of massage therapy in Statute and it was thought it included Reflexology.  Rhanda Heller interjected that there was an exception in the law addressing this practice.  Staff found and read SDCL 36-35-25(6) which states that if a person is only doing the manipulation of soft tissues that is restricted to Reflexology and doesn’t engage in massage therapy or hold themselves out as a massage therapist, they may be exempt from this Board’s jurisdiction.  Staff will reply to Lamb’s inquiry.

    b.         In response to the NCBTMB letter regarding non-kinesthetic courses, at this time it doesn’t impact SD since we don’t require a national examination.  But in response to today’s society, the Board favors online courses since it’s a huge deliver system for education. 

    c.         With a collection of correspondence, Staff just wanted the Board to be aware of the controversy regarding a national disciplinary database being developed by NCBTMB as well as FSMTB.  Staff noted she needed to check with the federal databank called HIPDB which mandates health professions to report disciplinary action.  It’s free to report but not to access data which is a downfall of the system.

    d.         Staff reported on a call from Detective John Duprey with the Sioux Falls Narcotics/Prostitution division.  He said he had earlier conversations with the former Executive Secretary and wanted to touch base with the new Staff.  He presented a typical “sexual encounter” bust and asked if our Board wanted to know about the bust and prosecute the person for providing massage therapy without a license.  When they are arrested, they typically say they’re doing massage therapy.  Staff said she had told him the Board would probably not want to, but would ask and let him know otherwise.  The Board agreed noting the time, expense and purposelessness.  Rhanda Heller exclaimed that the Board doesn’t have the right to pick and chose who they prosecute and it’s their obligation, etc.  At that point, President Dawn stated that if she continued with her interruptions and couldn’t contain herself she would have to leave.  Heller stated she was leaving anyway and departed.

Upon completing the general board meeting agenda, the Board resumed discussion of the proposed Rules.  That discussion is recorded in the Public Rules Hearing Minutes.

At the close of the Hearing and board meeting, President Dawn announced that due to personal obligations she was resigning as President but not from the Board.  Holcomb thanked her for her service and asked if Woitte, as Vice President, was agreeable to serving the remaining time.  She said she was.  It was asked whether we had to have another election.  Staff thought that they could proceed with Woitte as President, an undesignated Vice President, and Holcomb as Secretary for the remainder of Dawn’s term.  Then next April the Board could hold it’s annual elections.

The Board tried to determine the next meeting date.  It would have to be held in Pierre and time enough so two Hearings could be prepared.  Staff will email a “date finder” to find a compatible date.

Staff was directed to make tabletop name cards for the Board members.

M/S/P Holcomb/Woitte to adjourn the meeting at 4:50pm.