South Dakota Board of Chiropractic Examiners
Sioux Falls, South Dakota
December 1, 2012 - 8 a.m.
The Board of Chiropractic Examiners convened at 8:05 a.m. on Saturday, December 1, 2012 in the meeting room of the Holiday Inn Express, 2501 S. Shirley Avenue, Sioux Falls, South Dakota. The hearing was called to order by President Mark Bledsoe, DC.
The purpose of the meeting was to conduct a public hearing on the proposed rules of the board 20:41:09:01; 20:41:09:01.01; 20:41:09:07.01; 20:41:09:15; 20:41:09:16; 20:41:10:02.01;
20:41:10:11; 20:41:10:12; repeal Chapter 20:41:11; 20:41:14:04; 20:41:14:06.
Members of the Board present were Dr’s. Mark Bledsoe, Jerrid Goebel, Donn Fahrendorf and Mrs. Bev McCracken which constituted majority of members. Others in attendance were Marcia Walter, Executive Director for the Chiropractic Board of Examiners and Craig Kennedy, Board Legal Counsel, Dr. Anthony Murray and Dr. Roger Prill.
Dr. Murray and Dr. Prill both indicated they were in support of informed consent to patients but would like to see implementation of a standardized form. Dr. Prill stated when National Chiropractic Malpractice Insurance Company (NCMIC) came to speak with association in the past, they recommended having verbal consent and have such documented in notes. Neither doctor had any comment regarding other proposed rules.
Marcia Walter reported the only written correspondence received by deadline was a request for a copy of the proposed rules themselves be mailed to a chiropractor currently wintering in California. The public hearing notice was mailed to all active chiropractors in the state and published in three newspapers as required by law.
Marcia Walter also reported to the Board regarding BFM and LRC comments on the rules. BFM concurs with the assumptions and fiscal impact calculated which were zero. LRC provided suggested changes regarding legality, style and form which were reviewed with the Board.
Dr. Fahrendorf made a motion to approve 20:41:09:01 as proposed. Motion received a second from Bev McCracken. Motion passed.
The board continued discussion regarding informed consent and the consideration of a standardized form. There are potential problems with the Board mandating the use of a particular form or forms. Informed consent must be individualized to each patient and be situationally specific. The duty should rest on each doctor to assess each patient individually, determine the risks of the proposed treatment and obtain informed consent based on each patient’s personal situation. If assistance is needed with obtaining or drafting a form, may wish to contact attorney, malpractice carrier or perhaps chiropractic colleges. Following discussion, Dr. Fahrendorf made a motion with a second from Bev McCracken to approve the informed consent rule 20:41:09:01.01 with verbiage corrections as proposed by LRC. Motion passed.
Motion was made by Dr. Goebel with a second from Dr. Fahrendorf to approve 20:41:09:07.01 with LRC punctuation recommendations. Motion passed.
Motion was made by Dr. Fahrendorf and seconded by Dr. Goebel to approve 20:41:09:15. Motion passed.
Bev McCracken made a motion to approve 20:41:09:16 as proposed. Motion received a second from Dr. Goebel. Motion passed.
Dr. Fahrendorf made a motion to approve 20:41:10:02.01 with proposed recommendation from LRC to change verbiage to “a person” versus someone as well as the punctuation recommendations. Motion received a second from Dr. Goebel and passed unanimously.
A motion was made by Dr. Goebel with second from Bev McCracken to approve proposed rules 20:41:10:11 and 20:41:10:12 as written. Motion passed.
Dr. Fahrendorf made a motion with a second from Dr. Goebel that chapter 20:41:11 be repealed in response to the Governor’s red tape repeal initiative. Motion passed.
Bev McCracken moved that 20:41:14:04 and 20:41:14:06 be approved as presented. Motion received a second from Dr. Fahrendorf and passed unanimously.
With no further comments on proposed rules, Dr. Bledsoe closed the public comment period and the meeting was adjourned at 8:50 a.m.