The meeting was called to order at 10:00 a.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., and Patrick Burchill. Absent were Richard Porter, M.D. and Brent Lindbloom, D.O. Staff members present were Paul Jensen, Denny Duncan and Jane Phalen.
The minutes of the meeting held June 8, 2004, were approved as published.
The minutes of the conference call held August 9, 2004 were approved as published.
The Board reviewed the financial report for July and August 2004. Dr. Mutch moved to accept this report. The motion was seconded and carried.
Mike Coley from the Health Professionals Assistant Program met with the board. Mr. Coley presented information concerning future expansions to the current HPAP program. The original format for the HPAP program can be expanded to address other problem behaviors relating to the practice of medicine. After discussion, Dr. Mutch moved that the board proceed to investigate how the HPAP program may be expanded to provide assistance for healthcare professionals for other types of problem behaviors. The motion was seconded and carried.
The Board reviewed the corporate authorization resolution prepared by staff. After discussion, Mr. Burchill moved to accept the corporate authorization resolution and delegate authority for payment of board expenditures to L. Paul Jensen as executive secretary. The motion was seconded and carried.
Discussion was held concerning the Complaint Policy presented for review at the June 2004 meeting. Dr. Ferrell proposed modifications to the policy. After discussion, Dr. Mutch moved to adopt the modified complaint policy. The motion was seconded and carried.
Discussion was held concerning the Discipline Policy presented for review at the June 2004 meeting. Dr. Ferrell proposed modifications to the policy. After discussion, Mr. Burchill moved to adopt the discipline policy with the modifications proposed by Dr. Ferrell. The motion was seconded and carried. Staff indicated that the Discipline Policy would be placed on the Board website.
The Board met with Guido Spangher, M.D. Dr. Spangher has complied with all conditions placed on his license. He requested an early release from the probationary status of his license in order to pursue additional education in his specialty. Dr. Spangher discussed his compliance with his treatment and his plans to continue with his treatment plan. After discussion, Dr. Mutch moved to grant unrestricted licensure to Dr. Spangher so that he can pursue additional education in his specialty. The motion was seconded and carried.
The Board met with the Physician Assistant Sub-Committee members James Cody, PA-C, and Rodney King, PA-C. Discussion was held concerning the request by Brett Lawlor, M.D. and Crystal Walton, PA-C, to allow Ms. Walton to perform acupuncture treatments under Dr. Lawlor’s supervision. Dr. Lawlor will develop and implement a treatment plan for each patient and will then instruct Ms. Walton on the specific treatment for each patient and review proper needle placement for each patient. After discussion, the Board determined that Dr. Brett Lawlor and Dr. Mark Simonson should adopt and submit a protocol concerning the specific training procedures they will employ and indicate the method they will employ to provide direct supervision during Ms. Walton’s training period. The Board will again consider this request after receipt of the written protocol.
Additional discussion was held with the Physician Assistant Sub-Committee in regard to a request that the Board allow one practice agreement where a physician assistant will practice under one primary supervising physician and secondary supervising physicians who practice in different specialties. After discussion, the Board affirmed its position that a physician assistant practice agreement allows the physician assistant to practice within the scope of the primary supervising physician’s specialty. In the event that a physician assistant practices under primary supervision of physicians of different specialties, the physician assistant must maintain a separate practice agreement with each specialty physician. Mr. Burchill moved that the Board deny the request for a physician assistant maintaining one practice agreement in a setting where he/she practices under the supervision of physicians of varying specialties. The motion was seconded and carried.
Further discussion was held with the Physician Assistant Sub-Committee concerning the need for physician assistants under the supervision of specialty physicians to have ATLS training or Board authorization in order to practice in the emergency room setting. It was determined that these physician assistants are called to the emergency room in order to see specific patients. Therefore, they will not be required to request Board approval or complete ATLS training in order to visit specific patients in the emergency room.
The sub-committee also stated that they need to be provided with additional information concerning topics to be discussed at future Board meetings in order to assist them in preparation for and participation in the meetings. The Board agreed that information will be provided to the sub-committee prior to any future meetings.
Discussion was held concerning term limits for the sub-committee members. The Board accepted this for information.
The Board reviewed the licensure application and renewal fees for the various professions licensed by the Board. The Board and staff discussed the fact that costs associated with license applications and renewal fees did not reflect the true costs of administering these license functions. Mr. Jensen presented information on proposed fee changes and will meet with the members of the various sub-committees to gather their input. It was determined that some of the professions will require changes to rules or statutes governing licensure fees. However, the fees for physicians, physical therapists, and physical therapy assistants may be changed by board resolution. Mr. Burchill moved to change the renewal fee for physicians. The motion was seconded and carried. Mr. Burchill then moved to change the renewal fee for physical therapists and to set the renewal fee for physical therapy assistants. The motion was seconded and carried. Mr. Burchill moved that the renewal fee for Dieticians and Nutritionists remain unchanged. The motion was seconded and carried. Mr. Burchill moved to change the renewal fee for physician assistants. The motion was seconded and carried. Dr. Mutch moved that the licensure application fee for Athletic Trainers be changed. The motion was seconded and carried.
Discussion was held concerning the permanent medical licensure application submitted by Dr. Selman Welt. Dr. Welt currently holds a 60 day locum tenens license to practice medicine in South Dakota. After discussion, Dr. Reynolds moved that the Board defer their decision for permanent licensure pending review of his performance during the 60 day locum tenens license. The motion was seconded and carried.
The Board discussed a request from Gloria Frelix, M.D. to modify information South Dakota originally submitted to the Federation of State Medical Boards in 1988. At that time, the South Dakota Board reported that her licensure application was denied based on pending action in Mississippi. After notification from Mississippi that no action was taken against her medical license, the South Dakota Board submitted an Order of Reconsideration to the FSMB, allowing Dr. Frelix the opportunity to obtain a permanent license upon completion of her application process. Dr Frelix requested that she be allowed to withdraw her application and the Board granted this request. Dr. Mutch moved that the report to the FSMB be corrected to state that her original licensure application was conditionally denied awaiting action from the Mississippi Board and to explain that upon the Board receiving notification that Dr. Frelix had been granted an unrestricted license in Mississippi, the South Dakota Board notified her that she could obtain permanent licensure after completion of the application process. The motion was seconded and carried. Dr Frelix also requested copies of all the documents in her original application file. The Board determined that Dr. Frelix would be provided with copies of the documents she provided with her application.
The Board reviewed the Status of Pending Board Actions and accepted such for information.
The Board reviewed a report on malpractice incidents and accepted such for information.
Election of officers for 2004-2005 was held at 1:00 p.m. Dr. Robert Ferrell was elected as President of the Board. Dr. James Reynolds was elected as Vice-President of the Board. Dr. Richard Porter was elected as Secretary of the Board.
Discussion was held concerning the request sent to the Attorney General’s office concerning the issue of chiropractic scope of practice and to the performance of pap smears by chiropractors. The Attorney General declined to provide an official opinion. After discussion of the issues, the Board determined it will gather additional information and revisit this issue at a later meeting.
The next meeting of the Board was set for Thursday, December 2, 2004 in Sioux Falls, S.D.
There being no further business, the meeting was adjourned at 2:00 p.m.
