The meeting was called to order at 1:00 p.m. by Robert Ferrell, M.D., President of the Board. Present for roll call were Robert Ferrell, M.D., James Reynolds, M.D., Milton Mutch, M.D., Richard Porter, M.D., Brent Lindbloom. D.O., and Patrick Burchill. Staff members present were Paul Jensen, Denny Duncan and Jane Phalen.
The minutes of the meeting held April 1, 2004, were approved as published.
The Board reviewed the annual financial and compliance report for 2003. Mr. Burchill moved to accept this report. The motion was seconded and carried.
The quarterly financial report was reviewed. Mr. Burchill noted the increases in the investigative and legal areas and suggested discussion on increasing renewal fees. After discussion, Dr. Lindbloom moved to increase the renewal fees for physicians from $50 to $100. The motion was seconded and carried. Dr. Reynolds moved to increase renewal fees for the other professionals starting at a base fee of $35 and discuss these fee increases and whether to make the increases permanent at the next meeting. The motion was seconded and carried.
The Board then reviewed the corporate authorization resolution. Mr. Burchill stated that the resolution form should not carry the titles of the individuals listed. Mr. Duncan stated the format of the resolution does not fit the needs of the board. Dr. Lindbloom moved that L. Paul Jensen and Barbara Smith be authorized to sign checks in order to fulfill the board’s obligations until a more appropriate format is developed and that a new resolution be drafted for the Board to authorize officers to sign checks. The motion was seconded and carried.
Discussion was held concerning the Board’s Record Retention Policy. This policy determines how long documents must be kept in the office, when they can be sent to archives and how long they must be kept in archives before they can be destroyed. Mr. Burchill moved to accept this policy. The motion was seconded and carried.
At 1:30 p.m. Dr. Ferrell convened an Executive Session to discuss an employee performance issue and to consult with legal counsel on a contractual matter. The Board came out of Executive Session at 2:50 p.m. with no action taken by the Board on the employee performance matter or the contractual matter.
Mike Coley presented information on the Health Professionals Assistance Program. The function of this program is to protect the public from an impaired professional without damaging their license. It deals with substance abuse issues but does not address mental or emotional impairment at the present time. Mr. Coley defined the program as it functions now and addressed background information, budget , and the process involved in monitoring a health professional. He stressed how much the program has grown and suggested some expansion into the areas of mental health. However, he will need to have staff as the program develops. He explained the referral process and the monitoring requirements as well as defining the mentoring of an impaired professionals. He provided information on working with other states in monitoring professionals and stated that he has worked to education health care facilities about this program. The Board accepted this for information.
Discussion was held concerning the update to the Federation of State Medical Boards’ Pain Management Policy. The original FSMB Pain Management Policy was accepted previously by the Board. Dr. Reynolds moved to accept this updated policy. The motion was seconded and carried.
The Board then discussed the policies on discipline and complaints. Dr. Lindbloom moved that the board members take time to study these policies and discuss them at the September meeting. The motion was seconded and carried.
Discussion was held concerning Life Line Screenings and the results of the Attorney General’s investigation. The investigation reports that no consumer fraud was found but the opinion states that these services provide limited value to the public. The members of the board believe that physicians should inform patients as to the limited value of these screenings, allowing patients to make informed decisions. The board determined that a letter should be sent to the Life Line Screening Program in Cleveland stating that it is the opinion of the Board that the review and evaluation of screenings performed in this state must be performed by physicians licensed by the South Dakota Board of Medical and Osteopathic Examiners.
The Board reviewed a listing of new licenses issued since the last meeting and accepted such for information.
Discussion was held regarding the Status of Board Actions Report that is compiled and reviewed each year. Dr. Ferrell suggested that once a physician has had their license restored unencumbered, their name should be removed from this list. The board members also discussed the possible creation of an inactive status for licenses. This status would be offered as an alternative during the renewal period and the renewal fee would be different than the fee for renewing a license in an active status. Dr. Mutch moved that the staff investigate and develop a policy for a renewal fee for active licenses versus a fee for physicians wishing to place their licenses in an inactive status. The motion was seconded and carried.
The board discussed the request by Dr. Phillip Hoffsten to have the physician assistant supervision monitoring requirement removed from his license. Dr. Hoffsten has fulfilled the terms of this requirement. Dr. Mutch moved that the requirement be dropped. The motion was seconded and carried.
The Board addressed the issue of Dr. Gary Helmbrecht and the Stipulation on Agreed Disposition which defines the terms on which his license will be reinstated on a probationary status. The terms of the proposed Agreed Disposition were reviewed with the Board by legal counsel. The Board was informed by staff that Dr. Helmbrecht is currently living in Virginia, he is involved in their HPAP program, and he will be required to maintain compliance with their agreement. He has requested he have his South Dakota license reinstated to enable him to obtain employment in Virginia. Dr. Reynolds moved to accept the Stipulation on Agreed Disposition as proposed and reinstate Dr. Helmbrecht’s license. The motion was seconded and carried.
The Board discussed the letter received by counsel Neil Fulton which indicates Katheryn Benton will be appealing the decision of the Circuit Court to the South Dakota Supreme Court.
The Board reviewed the information and format of the on-line disciplinary report recently developed and implemented. Dr. Ferrell stated that he would like to add the South Dakota license number to this report in the event that two physicians have the same name. Dr. Mutch moved to accept the format of this report with the addition of the license number. The motion was seconded and carried.
The Board reviewed the recently developed physician malpractice report. Dr. Lindbloom moved to accept the format of this report. The motion was seconded and carried.
The Board met with physician assistant sub-committee member Jan Hines at 3:15 p.m. Discussion was held concerning the number of licenses a physician assistant is required to have based on their number of practice locations and primary physician supervisors. Mr. Duncan explained that South Dakota law requires that physician assistants must have a separate license and supervision contract for each primary supervising physician. He stated that a change in the statute would be necessary to change this requirement. Dr. Mutch moved that the board investigate a way to allow multiple practice locations under one license and have separate supervision contracts for each primary supervising physician. The motion was seconded and carried.
The Board next discussed a request made by Dr. Wael Eid, MD. Dr. Eid is a foreign medical graduate and is enrolled in a residency program in South Dakota. He is due to complete this program on or before August 31, 2004 and then will be eligible for a permanent license. However, he needs to have a permanent license in order to obtain his VISA. He has requested that the board issue a permanent license by accepting his completed fellowship at Baylor University along with years he has completed in his current residency program. After discussion, Dr. Lindbloom moved that the board issue a permanent license contingent upon prompt notification from his residency program when his training has been completed. If the Board determines the residency is not completed on schedule or the notification is not received within a reasonable period after August 31, 2004, the license may be revoked. The motion was seconded and carried.
The Board next addressed a request by Dr. Krishnan. He held a locum tenens license and that license has expired. He attended medical school in India. As of the present date, the medical school has not provided the board’s verification of graduation form. Therefore, he can not obtain a permanent license. However, his graduation has been verified on his ECFMG certificate and on his AMA physician profile report. After discussion, Dr. Reynolds moved that in the event an applicant is unable to obtain the board’s verification of graduation form from their medical school, the verification of graduation on the ECFMG report and the AMA physician profile will be acceptable for licensure. The motion was seconded and carried with one dissenting vote.
The Board considered a letter from Dr. Gregory Alvine requesting that the board reconsider a request by podiatrist Dr. Jerome Steck to perform release of the common peroneal nerve just distal to the fibular head. Earlier, the board responded to this request by stating that this procedure is the practice of medicine and surgery and not within the podiatric scope of practice. Dr. Lindbloom moved that the board once again reject this request as performance of this procedure is the practice of medicine and surgery and outside the scope of practice permitted for podiatrists by South Dakota statute. The motion was seconded and carried.
The date of the next meeting will be Thursday, September 16, 2004, at the convention center in Sioux Falls, SD. This will be a joint meeting with the Board of Nursing.
There being no further business, the meeting adjourned at 4:30 p.m.
