Board Meeting Minutes

June 7, 2005 - 9:30 a.m.
Crystal Room, Ramkota Hotel
Sioux Falls, South Dakota

The meeting was called to order at 9:30 a.m. by Robert Ferrell, M.D., President of the Board.  Present for roll call were James Reynolds, M.D., Milton Mutch, M.D., Richard Porter, M.D., Brent Lindbloom, D.O., and Patrick Burchill, lay member.  Staff members present were Paul Jensen, Dennis Duncan, and Jane Phalen.

The Board reviewed the minutes of the meeting held April 11, 2005.  Dr. Reynolds moved to accept the minutes as written.  The motion was seconded and carried.

The Board reviewed the financial report and the 2004 audit report.  Dr. Mutch moved to accept the financial report and the 2004 audit report.  The motion was seconded and carried.

The Board met with the physician assistant subcommittee members James Cody, PA-C and Rodney King, PA-C.  The Board reviewed a proposed position statement concerning physician assistant practice at IHS and federal facilities.  After discussion, Mr. Burchill moved to approve the position statement.  The motion was seconded and carried.

Discussion was held concerning a request for non-licensed technicians to perform IV injection of fluorescein dye.  Following discussion, the Board determined that the performance of IV injections is the practice of medicine and therefore reserved for physicians and midlevel practitioners.  Dr. Mutch moved that the request of Jones Eye Clinic to permit non-licensed technicians perform IV injections be denied.  The motion was seconded and carried.

The Board then discussed the issue of whether a cosmetologist can perform laser hair removal.  Dr. Mutch moved to reaffirm the Board policy that the performance of laser therapy is the practice of medicine and reserved for physicians and mid-level practitioners who complete appropriate training, prove competence in performing the procedure, and perform the procedure in collaboration with or under the supervision of a licensed South Dakota physician.  The motion was seconded and carried.

The Board reviewed a brochure outlining an American Occupational Therapy Association  workshop to provide training for occupational therapists and occupational therapy assistants in the use of physical agent modalities of the upper extremities.  Dr. Reynolds moved to approve this workshop as providing training for use of physical agent modalities.  The motion was seconded and carried.  The Board then reviewed the draft of the Verification of Mentorship Completion form and the OT and OTA Verification of Certification forms to provide certification for the use of physical agent modalities of the upper extremities by occupational therapists and occupational therapy assistants.  Dr. Reynolds moved to accept the Verification of Mentorship Completion form and the Verification of Certification forms.  The motion was seconded and carried.

Discussion was held concerning a proposed position statement in which a South Dakota facility may honor an order to provide services for a patient when the order is written by a physician not licensed in South Dakota.  The position statement directs that the facility shall take steps to verify the current licensure status of the physician submitting the order.   After discussion, Dr. Porter moved to approve the proposed position statement.  The motion was seconded and carried.

The Board reviewed information concerning the list of new licenses and approved such for information.

The Board reviewed the application for medical licensure submitted by David Sahlstrom, M.D.  After discussion and review, Dr. Reynolds moved to  defer action on the license application.  The motion was seconded and carried.

Discussion was held concerning the application for medical licensure submitted by Christopher Erickson, M.D.  After discussion and review, Dr. Porter moved to grant a South Dakota medical license to Dr. Erickson.  The motion was seconded and carried.

The board discussed the USDSM family practice residency completion date and the board’s residency completion requirement for permanent licensure. A USDSM family practice resident must obtain a permanent medical license in order to be eligible to take the specialty board examinations.  The family practice specialty board examination is offered prior to the official completion of the USDSM family practice residency.  Therefore, a resident in the USDSM family practice residency program is unable to obtain a South Dakota license prior to the specialty board examinations.  After discussion, Dr. Reynolds moved that the Board recommend to the USDSM family practice residency program that it change the completion date of the program in order to allow the family practice residents to obtain a South Dakota license prior to the specialty board examinations.  The motion was seconded and carried. 

The board reviewed a curriculum vitae submitted by Avera Health Systems on behalf of Anna Dimailig, M.D.  The Board directed staff to reply that based upon its review of the curriculum vitae, Dr. Dimailig would be required to complete further training before she would be eligible for licensure in South Dakota. 

The board reviewed the report on malpractice and accepted such for information.  The board  requested that Mr. Jensen obtain information from surrounding states concerning their malpractice statistics.

Discussion was held concerning Christopher Fosness, PT, and the agreement to revoke his physical therapy license.  Dr. Reynolds moved to approve the agreement entered into between the Board and Fosness and revoke this license retroactive to April 1, 2005.  The motion was seconded and carried with Mr. Burchill as the board member investigator abstaining from the vote.

The board reviewed the application for medical licensure of David Stengel, D.O.  The Federation of State Medical Boards report and the Colorado Board report did not agree on the score he received on the FLEX examination he received in 1973.  The Colorado Medical Board had reported that Dr. Stengel did obtain a passing score of 75% on the FLEX examination in 1973.  The discrepancy in the reporting of the scores was not discovered until Dr. Stengel had been licensed and practicing in Colorado for 11 years.  After discussion, Dr. Mutch moved to grant a license to Dr. Stengel based on the scores that were reported to Dr. Stengel by the Colorado Medical Board.  The motion was seconded and carried.  

There being no further business, the meeting was adjourned at 10:45 a.m.