Doneen Hollingsworth, Secretary of Health

South Dakota Board of Chiropractic Examiners

Meeting Minutes

Sioux Falls, South Dakota
December 3, 2011

Dr. Mark Bledsoe called the meeting to order at 8:00 a.m. with board members Dr. Jeff Kramer, Dr. Jerrid Goebel and Dr. Donn Fahrendorf present.  Also attending the meeting was Marcia Walter, Executive Director and Craig Kennedy, Board Attorney.  Jim Lawler, lay member was given and excused absence.

M/S Goebel/Kramer      to approve minutes of the September 9, 2011 board meeting

Passed, no opposition.

Marcia Walter presented the treasurer’s report.  The state account currently has a balance of $187,158.26.  Renewal notices were mailed November 1, 2011 so not many renewals received as of this report.  With no additions or corrections, the board accepted the treasurer’s report as printed

No information to report for peer review as no cases have been submitted for review.

The board held continued discussion on informed consent.  Board member thoughts were as follows - Dr. Kramer should have some form of informing patients, Dr. Goebel does verbal consent with patients; Dr. Fahrendorf be more specific with consent forms dealing with area of concern – doesn’t use any specific verbal or written; Dr. Bledsoe uses generic informed consent and verbal inform written in notes. Mr. Kennedy informed the board that the board has adopted ACA code of ethics which alludes to needing consent.  Key to consent is the verbal conversation and ultimately have conversation written in notes. Consider looking at California rule.

M/S Kramer/Goebel      table further discussion until after FCLB meeting in May when informed consent will be discussed to see views of other states

Passed, no opposition.  Marcia will put ACA Code of Ethics in next newsletter

Dr. Bledsoe recessed the board meeting at 8:30 a.m. to commence disciplinary proceeding with Dr. Larry Jones and Mr. John Blackburn, attorney for Dr. Jones.  Also participating in proceeding was Mr. Craig Kennedy, attorney for the board.  Abstaining from the proceeding was Dr. Jeff Kramer investigator on the case.  Disciplinary hearing concluded at approximately 9:15 a.m. Dr. Bledsoe reconvened the meeting at 10:05 a.m. and issued the following statement:  After deliberation, the Chiropractic Board cannot tolerate doctors defrauding public or private entities for their own financial benefits.  We are appointed by the Governor to protect the public.  Therefore, the board administers the penalty of revocation effective immediately.  Dr. Jones will be able to re-apply for licensure in five years.  Mr. Kennedy was asked to draw up appropriate papers and notify Dr. Jones and his attorney.

Marcia Walter reviewed the investigative report with the board.

M/S Goebel/Fahrendorf   to approve #11/08, #04/09, #08/10 and #03/11

Passed, no opposition.

No further action or discussion took place regarding use of hyperbaric chambers because information requested was not received.  Upon receipt of information, the board will readdress.

Marcia Walter reviewed rules changes currently in progress no further action at this time.  Rules hearing will be held after conclusion of legislative session.

Discussion was held regarding communicable disease requirement for 2012/2013 education cycle and what specifically the board’s thoughts are as this topic is very broad.  Possibly consider education on clean tables, hepatitis, pertussis, hiv/aids, whatever the DOH is seeing as the trend.  Purpose is to recognize a disease that presents itself and when to refer out and report.  (what’s hot and what’s not)  Dr. Bledsoe will work on topics and converse with appropriate parties to possibly have seminars presented through SDCA and/or districts.  He will share update at the March meeting.

Mr. Kennedy shared with the board that there are state statutes in place for Discount Medical Plan Organizations (DMPO) to register.  The statutes are in Chapter 58-17E.  This information should be reviewed if a DMPO is started in the state.

Dr. Bledsoe called to recess the board meeting to administer new doctor matriculation at 11:00 a.m. - reconvened board meeting following matriculation at 12:20 p.m.

Marcia Walter asked for clarification and possible reconsideration of CPR credit for Chiropractic Assistants.  As it currently stands, CA’s obtain two hours of credit for CPR.  Since CA’s are required to obtain six hours of continuing education credit every three years, some CA’s are getting four hours of credit for CPR alone because of their CPR renewal dates.  Therefore, they only need two hours of actual chiropractic assistant re-training.  No changes can be made to their current education cycle which ends 12/31/12, however, the board may want to revise credit for CPR to require more actual CA training.

M/S Kramer/Goebel      beginning 2013/2015 chiropractic assistants only get credit for

CPR once in education cycle

Passed, no opposition.

M/S Fahrendorf/Kramer   table travel to treat request until more detailed information is

      received, curriculum, date coming to the state, etc.

Passed, no opposition.

Dr. Fahrendorf gave an update from Part IV testing recently attended. The numbers of chiropractic students is down significantly, FCLB considering only having one doctor attend testing; possibly only one national meeting not district meeting.  FCLB considering some budget cutting measures also.

Dr. Fahrendorf relayed information as FCLB District Director regarding the Federation of Chiropractic Licensing Board annual meeting May 2-5, 2012 in San Antonio, TX.  The National Board of Chiropractic Examiners will also hold their annual meeting at the same time and location.

M/S Goebel/Kramer      to have Marcia Walter and Dr. Mark Bledsoe attend on behalf of the board

Passed, no opposition. 

M/S Goebel/Kramer      Dr. Bledsoe to serve as delegate for both NBCE and FCLB with

Marcia Walter as alternate delegate for FCLB and Dr. Fahrendorf

as alternate delegate for NBCE meeting

Passed, no opposition. 

No action taken on preceptor application  received – defer until student application received.

M/S Goebel/Fahrendorf  to approve radiographic certification for Bonnie Simonsen

Passed, no opposition. 

M/S Fahrendorf/Kramer   to approve matriculants 121101, 121102, 121103, 121104

      pending completion of their files

Passed, no opposition

With no further business,

M/S Goebel/Kramer   to adjourn at 1:10 p.m.

Passed, no opposition.

Next meeting is scheduled for March 10 in Chamberlain.