Board Meeting Minutes

December 3, 2003 - 9 a.m.
Cataract Room, The Sheraton
Sioux Falls, South Dakota


 

The meeting was called to order at 9:00 a.m., by Robert Ferrell, M.D.  Present for roll call were Milton Mutch, M.D., Richard Porter, M.D., James Reynolds, M.D., and Brent Lindbloom, D.O.  Staff members present were Paul Jensen, Charvin Dixon, Leah Jones and Jane Phalen.

To begin the meeting, Dr. Ferrell welcomed Dr. Lindbloom as the Board’s newest member.

The minutes of the meeting held September 18, 2003, were approved as published.

The Board then reviewed a report of licenses issued since its last meeting and accepted such for information purposes.

Discussion was held concerning Steven Schwartz, M.D., and the Board accepted and approved its investigative committee’s recommendation to settle its disciplinary action against Dr. Schwartz by entry of a Stipulation an Agreed Disposition and Order of Probation.

The Board met with Lorin Pankratz, Terry Truex, A.T., and Ryan Brink, A.T., two members of the South Dakota Athletic Trainers Association (SDATA), to discuss proposed legislative changes to 36-29. 

The Board met with the physician assistant sub-committee members, James Cody, Jan Hines, and Rodney King.

Discussion was held regarding the Federation of State Medical Boards recommendation concerning the USMLE seven-year requirement, as well as the three (3) attempt requirement.  After discussion, Dr. Porter moved that staff create wording to amend the statute and rule to maintain both requirements unless the applicant is board certified by a board of the American Board of Medical Specialties.  The motion was seconded and carried.

Discussion was held regarding introduction of legislation to change the standard of proof from clear and convincing evidence to a preponderance of evidence standard.  After discussion, Dr. Mutch moved that such legislation be introduced in the next legislative session.  The motion was seconded and carried.

The Board then reviewed the definitions of gross incompetence and incompetence.  Dr. Porter moved that legislation be introduced to lower the gross incompetence requirement.  The motion was seconded and carried.  Dr. Mutch moved that a committee be formed to recommend the proposed legislative changes.  The motion was seconded and carried.

Mr. Jensen then discussed his recent meeting with Governor Rounds.  Mr. Jensen also discussed on-line verifications.    

The Board discussed a recommendation, submitted by its O.T. Subcommittee, regarding supervision of limited permit holders.  Dr. Lindbloom moved to accept the recommendation of the Subcommittee that limited permit holders be supervised, on-site, 40% of the time, or 16 hours per week, and that such permits expire upon failure of the licensure examination.  The motion was seconded and carried.

The next meeting will be held March 18, 2004, in Sioux Falls.

There being no further business, the meeting adjourned at 12:00 p.m.