Kim Malsam-Rysdon, Secretary of Health

South Dakota Board of Chiropractic Examiners

Meeting Minutes

South Dakota Board of Chiropractic Examiners Meeting
Chamberlain, South Dakota
March 9, 2013 

Dr. Mark Bledsoe called the board meeting to order at 8:00 a.m. The following members were present: Dr. Jeff Kramer, Dr. Donn Fahrendorf, Beverly McCracken, Dr. Jerrid Goebel, Marcia Walter, Executive Director, Craig Kennedy, Legal Counsel.


M/S/ Kramer/Goebel    to amend the agenda to include a request from the SDCA

Passed, no opposition.


M/S  Fahrendorf/Goebel  to approve secretaries report from December 2012 meeting

Passed, no opposition.


Marcia Walter presented the financial update.  The state account currently has a balance of $262,061.89 as of February 28, 2013.  The fiscal year ends June 30.  With no additions or corrections, the board received the update as presented.


Dr. Kramer and Marcia Walter presented the investigative report. 

M/S Goebel/McCracken   to approve #03/12, #04/12, #05/12, #01/13 and #02/13

                                                                                   Passed, no opposition.


M/S Fahrendorf/Goebel  to approve consent agreement for #10/12

                                                                                  Passed, Kramer abstained


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


Discussion continued regarding advertising of massage therapy services out of a chiropractic office.  It was the consensus of the board that if a massage therapist is operating an independent business and renting space from the chiropractor then ok to have advertisement say “located in chiropractic office”.  However, if the chiropractor is advertising discounts on massage therapy for employee then that would be argued that a DC is “taking part in advertising” by offering discounted service on behalf of their employee which is in violation of ARSD 20:41:09:07.01. 


The board also discussed chiropractic service in regards to ARSD 20:41:09:07.01 (6).  It was the consensus of the board that if a doctor recommends it, then it is a chiropractic service; i.e., ultrasound, exam, x-ray, etc.  If an individual can come in off the street to buy, it would be considered a product/device and not a service; i.e., pillow, nutrition supplements, etc., so discount would be acceptable.  However, advertising of a product cannot be misleading to patient.  An example would be:  Advertising states 50% off orthotics, but when person comes in to the office, they find out doctor wants to do exam first to see if orthotics are necessary.


Discussion was held regarding follow-up on rules implemented in January.  Regarding Informed Consent, the key is remembering that a consent is needed if there is a risk of producing therapeutic harm – two facets to consider:  1) that the patient is informed, and 2) that the doctor is covered.   It is a judgment call as to how often informed consent needs to be done and should be considered on a case by case basis. Informed consent can be used as a good education tool. 


A request was received from Dr. Lowenberg, SDCA President requesting a ruling on whether or not the list of CPT codes provided with his request are within the licensed Doctor of Chiropractic’s scope of practice under South Dakota codified law.  The board discussed this request and a letter of response will be drafted and forwarded to Dr. Lowenberg.


The board recommended names to contact to serve on the ethics and disciplinary committee.  Marcia will contact these individuals and report back at the next meeting.

No changes will be made to the peer review committee.


Participation at FCLB/NBCE functions for 2013 are tentatively scheduled as follows:

NBCE Part IV testing May – Dr. Donn and Dr. Jeff

NBCE Part IV test selection committee – Dr. Jeff

NBCE Part IV testing in November – Dr. Mark and either Dr. Jerrid or Dr. Jeff

FCLB annual meeting San Francisco – Dr. Mark and possibly Marcia

FCLB district meeting Vancouver, WA  – Dr. Jerrid, Dr. Jeff and Marcia


M/S Kramer/Goebel to have Dr. Mark serve as delegate to the NBCE meeting

                                                                               Passed, no opposition.


M/S Kramer/Goebel   to have Dr. Mark serve as delegate and Dr. Donn as alternatedelegate at FCLB meeting

                                                                               Passed, no opposition.


M/S Goebel/Fahrendorf  to approve preceptor application of Kelsey Dobesh with Dr. Melanie Mullenmeister

                                                                             Passed, no opposition.


M/S Fahrendorf/McCracken    to approve matriculants 31301, 31302, 31303, 31304, 31305, 31306 pending completion of their files

Passed, no opposition


With no further business,

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

Passed, no opposition.


The June board meeting will be held on Saturday, June 1, 2013 at Cedar Shore in Chamberlain – time to be determined.