A hearing with Dr. Jason Ostby and his attorney, Frederick Bruno, was called to order at 9:15 a.m. by Robert Ferrell, MD, President of the Board.
Roll call was taken and Board members present were Mary Carpenter, MD, Mr. Bernie Christenson, David Erickson, MD, Alex Falk, MD, Robert Ferrell, MD, Brent Lindbloom, DO, Milton Mutch, MD, and James Reynolds, MD. Mr. Patrick Burchill was not present. Staff members present were Ms. Margaret Hansen, Mr. Donald Srstka, Mr. H. Adrian Mohr, and Ms. Jane Phalen.
Dr. Robert Ferrell welcomed new members Dr. Mary Carpenter and Dr. David Erickson to the Board.
The hearing with Dr. Jason Ostby and his attorney, Frederick Bruno, commenced at 9:20 a.m., and testimony was taken of the witnesses. The hearing adjourned at 10:35 a.m., whereupon the Board held discussion regarding the disposition of Dr. Jason Ostby’s medical license which had been suspended. After discussion, the Board voted to revoke Dr. Ostby’s medical license and authorized the president to enter the Findings of Fact, Conclusions of Law, and Orders accordingly.
Guest representatives from the Federation of State Medical Boards (FSMB), Dr. James N. Thompson and Dr. Stacy Lankford, gave a presentation to the Board on the topics of Internet Prescribing, the Federation Credentials Verification Service, and Physician Re-entry to Practice. Information regarding the United States Medical Licensing Examination (USMLE) was also presented. They explained the importance of reporting disciplinary information so that the FSMB can alert other states in the event that a physician’s medical license is sanctioned. The Board was assured that the Board staff does report sanctions to the FSMB. Dr. Lankford informed the Board that the FSMB goals for the coming year focus on the topics of Continued Competence of Licensed Physicians, Increased License Portability and Leadership Through Collaboration. The Board accepted the presentation for information and expressed their appreciation to the representatives for attending the meeting.
Guest representatives from the South Dakota Academy of Physician Assistants (SDAPA), Ms. Kitty Kinsman and Mr. Dan Palmer, PA-C, met with the Board to discuss the 2007 Legislative Session. A Physician Assistant Bill, which will update the 1973 Practice Act currently in force, was submitted and will be sponsored by the South Dakota Board of Medical and Osteopathic Examiners. Discussion was held regarding the importance of testifying in support of the bill. A legislative reception will be held on January 24, 2007, and all physician/physician assistant teams are strongly encouraged to attend to show their support for the bill. Guest representative from the South Dakota State Medical Association (SDSMA), Mr. L. Paul Jensen, stated that the SDSMA would not oppose the bill. The Board accepted this discussion for information.
Mr. Jensen briefly discussed proposed expert witness legislation which the SDSMA will support, Chiropractic legislation which has been modified and which the SDSMA will not oppose, and radiologic technicians legislation which the SDSMA will not support.
During the working lunch period, H. Adrian Mohr, Board Investigator, updated the Board members on investigations. Mr. Mohr informed the Board that he currently has approximately twenty (20) investigations in the early stages. He then presented information on two (2) urgent investigations regarding:
Information received from the Federation of State Medical Boards (FSMB) and other state medical boards found that it is not the accepted standard practice to use Quality Improvement Organizations (QIO) for disciplinary investigations. The Board accepted this finding for informational purposes.
Discussion was held regarding the South Dakota Uniform Application (SDUA) for medical licensure and the problematic effect it has on the licensure process. Applicants have advised the staff that the SDUA is confusing to them because it lists items not necessary for licensure, which causes the applicant to delay submitting their applications in a timely manner while trying to gather these unnecessary items (e.g. results of tuberculosis testing, rubella titers, drug enforcement agency (DEA) information, and continuing medical education (CME) information).
The staff advised the Board that daily inquiries from applicants are common regarding confusion with the SDUA and their inability to apply for a license and then to check their status on the website. The staff has met with several interested agencies with the intention of making the SDUA more user friendly, and suggestions included rearranging the SDUA, or adding addendums.
Mr. Jensen presented the historical background of the drafting of the current SDUA, and advised that its development was a pilot program in the proposed formulation of a Credentials Verification Organization which never materialized. He also indicated that the current SDUA was drafted by credentialing specialists, insurance carriers, healthcare entities and their administrators, and the SDSMA. Mr. Charvin Dixon was the Board’s representative.
Mr. Jensen was asked why there were 3 separate affidavits in various places found in the SDUA. He explained that because there were many users of the SDUA, many of their attorneys wrote the affidavits to meet the special needs of their clients. After some discussion, the Board directed the staff to begin the process to modify the SDUA and to seek input from all interested parties. Ms. Hansen said that the staff is willing to work with other parties in this endeavor so modifications to the SDUA could not only streamline licensure but allow future changes to be accomplished without reinventing the document each time a regulation (state or federal) or a change is enacted.
Dr. Carpenter started discussion regarding the affidavit contained in the South Dakota medical license renewal application by questioning whether it was necessary to allow multiple entities to make use of this document. Discussion followed, and Dr. Lindbloom moved and the Board voted to direct Mr. Srstka and the staff to meet with all interested parties to modify the document so it would be acceptable to all physicians.
Discussion was held regarding the application for medical licensure submitted by Dr. Grant Walker. After discussion, Dr. Reynolds moved to deny his application for licensure. The motion to deny was seconded and approved.
Discussion was held regarding the request by Michelle Schmidt that she be allowed to reinstate her license to practice as a Certified Nurse Practitioner. She has successfully completed the requirements of disciplinary action set by the South Dakota Board of Nursing (SDBON). Her request was accompanied by a letter of recommendation from the SDBON that she be reinstated. Dr. Lindbloom moved that her license be reinstated. The motion was seconded and approved.
Discussion was held regarding the request submitted by Stanley Gallagher, DO, to return his South Dakota medical license to an unrestricted status. Previously, this Board followed the Minnesota medical board when they limited his Minnesota license. After the Minnesota medical board lifted those restrictions, he requested this Board do the same. The Board then received confirmation that Dr. Gallagher completed the terms of his agreement with the Minnesota medical board and that his Minnesota license has indeed been returned to an unrestricted status. Dr. Lindbloom moved to reinstate Dr. Gallagher’s South Dakota medical license to an unrestricted status. The motion was seconded and approved.
The Board reviewed the list of new licenses issued since the last Board meeting in September. Dr. Mutch moved to approve the issuance of the new licenses and the motion was seconded and approved.
The Athletic Trainer Sub-Committee has recommended that Amy Smallfield, ATC, be appointed as a new member. Ms. Smallfield is currently licensed and in good standing as an Athletic Trainer in South Dakota. Mr. Christenson moved to accept this recommendation and appoint Amy Smallfield to the Athletic Trainer Sub-Committee. The motion was seconded and approved.
The Board addressed four (4) petitions submitted by ambulance services from Pine Ridge, Harding County, Grant-Roberts and Oneida. Dr. Reynolds moved to approve the request from Pine Ridge to allow EMT-Intermediates to administer Acetylsalicylic Acid, Albuterol (Nebulized), D50, Dextrose (Oral), Epi Pens, Lorazapam, Naloxone, Nitroglycerine (sublingual or spray), Oxygen, Sodium Bicarbonate, and Thiamine. The motion was seconded and approved. Dr. Lindbloom moved to approve the request from Harding County Ambulance Service to allow their ambulance units to be able to carry adult and child Epi pens, baby ASA and Albuterol Nebulizer Medication. The motion was seconded and approved. Dr. Mutch moved to approve the request from Grant-Roberts Ambulance Service to allow the EMT-Intermediates to administer IV D50, and to allow the EMT-Intermediates and the EMT Basics to administer IM glucagons. The motion was seconded and approved. Dr. Lindbloom moved to approve the request from the Onida Fire Department to administer pulmonary nebulization treatments, aspirin and Epi Pens. The motion was seconded and approved.
Ms. Margaret Hansen presented the Executive Director Report including the following items:
Old Business:
New Business:
A motion was made to approve the Executive Director’s report, which was seconded and approved. The Board reviewed the minutes from the September 12, 2006 meeting. Mr. Christenson moved to approve the minutes, which was seconded and approved.
Mr. Srstka presented a brief overview on reporting disciplinary actions to HIPDB and stated that he and the staff will continually monitor and update their awareness regarding the reporting requirements of the various agencies.
The date for the next meeting has been set for Tuesday, March 20, 2007 in Sioux Falls, SD.
Dr. Ferrell told the Board members that they can now propose new members when vacancies arise. This was accepted for information.
Dr. Lindbloom moved that the meeting be adjourned. The motion was seconded and approved and the meeting adjourned at 3:15 p.m.
