Kim Malsam-Rysdon, Secretary of Health

South Dakota Board of Massage Therapy

Board Meeting Minutes

Board Meeting Minutes
November 7, 2011
Holiday Inn Express, Ft. Pierre

Present:  Linda Zeller, Laura Woitte, Twyla Fritz, Karen Kappel, Rebecca Dykema, Jim Carlon, and Joyce Vos

M/S/P Woitte/Zeller to call the meeting to order at 10:05am.  Staff noted agenda changes which included the re-scheduling of Messmer’s licensing hearing, review/approval of the Public Rules Hearing Minutes and signing of forms, and Executive Session items.

1.           Nancy Benter was present for the continuance of her licensing hearing.  M/S/P Woitte/Fritz to move into Executive Session at 10:47am.  M/S/P Zeller/Woitte to move into General Session at 10:58am.  M/S/P Kappel/Fritz to deny her pending application without prejudice and allow her to immediately reapply and receive a license.

M/S/P Zeller/Woitte to move into Executive Session at 11:02am to discuss potential litigation with the board’s attorney.

M/S/P Zeller/Woitte to move into General Session at 11:27.

M/S/P Fritz/Kappel to send a Notice of Contested Case Hearing to the parties in case #2010-01.

The Board directed Staff to forward their revisions to the Agreement to Continue for cases #2011-05, 06, 07 to the Board’s Ass’t Attorney General.

3.           Shuling Liu is denied a license due to her failure to appear for her licensing hearing.

5.           The Board reviewed the unofficial opinion of the Attorney General’s Interpretation of Massage Therapy Statutory Grandfather Provision received in October.

6.           The Board reviewed documents from the new Spearfish School of Massage Therapy.  As advised by the Board’s attorney, the Board needs to have approved Administrative Rules to “recognize” schools per statute so this school cannot be recognized nor do the students qualify for a license.  At this time, only students from the few SD schools that were reviewed and initially accepted by the Board in 2008 can be considered for licensing.  A moratorium is now placed on all other applicant submissions until Administrative Rules are approved by the State.  The Board discussed several options to require of schools in order to be “recognized” in SD.  Staff was directed to do research and draft potential Rules.

4.           Susie Craig was present for her licensing hearing.  M/S/P Woitte/Fritz to move into Executive Session at 1:16pm.  M/S/P Fritz/Kappel to move into General Session at 1:24pm.  M/S/P Woitte/Zeller to deny her application due to her unlawful practice and her education does not qualify.

7.           M/S/P Woitte/Fritz to approve the September 23 Public Rules Hearing Minutes as presented.

8.           Staff will follow-up with the Dept in regard to possible Code of Ethics legislation.

9.           The Board reviewed the current financial statement.  Staff will email the detail to expense items as inquired.  M/S/P Zeller/Woitte to contact a couple of computer consultants and begin the process to get the office converted to electronic records.  Staff will contact BIT to convert current applications to online forms.  Staff was directed to purchase a camera to use for inspections.

10.         The next meeting was scheduled for Friday, January 13.  (This date was later changed to Monday, January 16.)

The meeting was adjourned at 2:20pm..