Kim Malsam-Rysdon, Secretary of Health

South Dakota Board of Chiropractic Examiners

Meeting Minutes

South Dakota Board of Chiropractic Examiners Meeting
Chamberlain, South Dakota
December 1, 2012       


Dr. Mark Bledsoe called the board meeting to order at 7:30 a.m. The following members were present: Dr. Donn Fahrendorf, Beverly McCracken, Dr. Jerrid Goebel, Marcia Walter, Executive Director, Craig Kennedy, Legal Counsel and Dr. Roger Prill.  Dr. Jeff Kramer was granted an excused absence.


The agenda was taken out of order to accommodate Dr. Prill in attendance on behalf of the association who is looking to propose legislation in regard to Medicaid reimbursement in an effort to get better coverage through Medicaid for chiropractic services and have chiropractors considered primary care physicians. The association submitted an extensive list of CPT codes that they would like to see payable through Medicaid system and have asked the Board of Examiners to supply a letter of support that codes are within the scope of practice in SD. 


Dr. Bledsoe recessed the board meeting at 8:00 a.m. to hold the public rules hearing.  The regular board meeting reconvened at 8:50.  Dr. Prill excused himself for the remainder of the meeting.


M/S Goebel/Fahrendorf             to approve minutes of the September 28, 2012 board meeting

Motion passed  - it should be noted that due to time constraints the proposed rules for activation of lapsed chiropractic assistant license as indicated in the minutes did not get drafted for current rules changes but will be done next time rules are updated


Marcia Walter presented the treasurer’s report.  The state account currently has a balance of $216,071.51.  Renewals have been going good with about a third of the doctors already paying 2013 fees.  With no additions or corrections, the board received the treasurer’s report as presented.


Marcia reported there haven’t been any peer reviews so nothing to report. 


In Dr. Kramer’s absence Marcia presented the investigative report.  Dr. Fahrendorf asked that the report include timeline to include when complaints received, forwarded to committee’s etc.

M/S Goebel/McCracken   to approve #03/12, #04/12, #05/12, #06/12 and #07/12.

Passed, no opposition.


Discussion continued in regard to request from SDCA.  From perspective of the board, there is concern that the board would put their credibility at risk at giving a blanket approval of all the codes without going item by item to see if each code is within scope of practice.  The board supports chiropractic as a primary care medical resource and would rather see this approached from aspect of need for more primary providers and what services chiropractors can provide rather than from a reimbursement aspect.

M/S Goebel/McCracken   to send a letter to the SDCA regarding board position as stated

Passed, no opposition. Marcia & Craig will draft a letter and send to board for approval


Marcia asked the board for clarification on advertising rules in respect to discounted massage therapy services, what is board’s perspective regarding a chiropractic service, etc.  Mr. Kennedy advised the board that with all advertising preference should focus on false, fraudulent, deceptive or misleading portion of the rules.  The board can always regulate speech which is false, fraudulent, deceptive or misleading – other areas are a little gray. Questions to consider with advertising…how do we protect the public from the advertising? Is there a bait and switch in place with ad?  The board has the authority to initiate an investigation by resolution if they can justify action that advertising is jeopardizing the public.  This would be defensible more so than if the only justification is that the advertising is potentially stealing another doctor’s patients because of the advertising.  If a doctor has a concern with the advertising of another doctor, then a formal complaint should be filed.  There was debate regarding discounted massage therapy service advertising by a chiropractic office.  May depend if the individual providing the massage is an employee or independent contractor. However, the service is still provided in a chiropractic office so question arises if it is still in violation of rules regardless of employment status.


Dr. Bledsoe recessed the board meeting at 10:00 a.m. for new doctor matriculation. 

Bev McCracken was excused from the meeting at 10:30 a.m. due to a prior commitment.

The board meeting reconvened at 11:50 a.m. 


M/S Goebel/Fahrendorf            to table further discussion on advertising until March at which time more board members would be present for discussion

Passed, no opposition.


Discussion was held regarding 2013 meeting dates and the possibility of reducing the number of meetings from four times a year to three times a year.  The December meeting typically has a very light agenda since the board has just met two months prior. It was decided to try having a phone conference meeting only in December 2013.  Matriculants are able to attend a board meeting 90 days prior to their graduation so December graduates could attend the September board meeting and still meet requirements.  Marcia will notify the schools so students are aware of this change.  If this arrangement works, may need to revise statues/rules in the future. 


Marcia reported on the health board executive secretary conference call she participated in on October 29, 2012.  Topics of discussion had to do with transparency and open government, consistency among boards, legislation, fiscal department employee changes, website updates, monthly reports, criminal background check implementation questions and board thoughts on continuing education versus continuing competency. 


M/S Fahrendorf/Goebel    to approve matriculants 121201, 121202, 121203, 121204, 121205, 121206 and 121207 pending completion of their files

Passed, no opposition


M/S Goebel/Fahrendorf    to approve preceptorship of Robert Kuyper with Dr. Eric Kuyper and Jenny Meckle with Dr. Sandra Conard

Passed, no opposition

With no further business,

M/S Fahrendorf/Goebel   to adjourn at 12:30 p.m.

Passed, no opposition.


The March board meeting will be held on Saturday, March 9, 2013 in Chamberlain.  The time and location to be determined.