Kim Malsam-Rysdon, Secretary of Health

South Dakota Board of Massage Therapy

Board Meeting Minutes

Board Meeting Minutes
February 4, 2011

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

The meeting was called to order at 10:00am.  An amended Agenda was distributed that added several more items.  Some items were moved in and out of General and Executive Session due to the content.

M/S/P Fritz/Dykema to move into Executive Session at 10:07am.

M/S/P Dykema/Fritz to move into General Session at 12:45pm.

Blair offered to contact the complainant in case #2010-01 to ask whether she was interested in withdrawing the complaint.

M/S/P Fritz/Dykema to issue a Notice of Hearing in case #2010-02 and offer an invitation to an informal meeting as well as a settlement to include four continuing education hours in Ethics (in addition to the required eight hours) to be completed by June 1, 2011 evidenced by a certificate of completion.  Woitte was recused during the discussion and abstained from voting.

M/S/P Dykema/Fritz to close case #2009-01 with the evidence that the licensee met the settlement agreement.

New case #2011-01 was assigned to Fritz.

It was emphasized that the Board needs to adopt a Code of Ethics as soon as possible.

1.         The Board does not have the authority to prosecute criminal/civil cases and that is what unlicensed penalties entail – Class I misdemeanors.
            The Board discussed the expired and the currently licensed individuals that have transcripts in their files from 32 questionable schools in California.  Staff learned at the national meeting that there is a widespread issue with these “schools” and CA and FL boards have listed them on their website.  Legal counsel said we can’t do anything to those already licensed, but can disqualify any new applicants per SDCL 36-35-12(4) that submit transcripts from those schools as stating it doesn’t appear the school is recognized by SD.  If they disagree, they can have a hearing before the Board.
            It was confirmed that the Board has statutory authority to inspect the business of our licensees during normal business hours.  It has been reported that the unlicensed practice is occurring in the Rushmore and Empire Malls in Rapid City and Sioux Falls, respectfully.  Board members will arrange a time to inspect the businesses.

It was suggested that we ask the Dept of Revenue to look for our licenses when they spot-check vendors at the Sturgis Rally for sales tax licenses.

2.         Legal counsel informed us we have to accept the Spanish version of exam from the three named organizations in our Rules. 

3.         The Board will accept online training/education as long as there is at least 200 hours of hands-on massage training and it’s a board-recognized institution per statute.  It is the trainee’s responsibility to make sure the training meets SD requirements.  If the training institution does not look legitimate, it can be disqualified and the applicant can have a hearing before the Board.

4.         A question was posed by Globe University as to the number of students to instructors when performing a mass event of massage.  Legal counsel stated there is no ratio and they could perform a one-time stunt without questioning the law.  It cannot occur longer and they must advertise that they are students.

Staff will inform Dusty Brown that from the materials she provided it appears that she hasn’t completed pathology, kinesiology, and ethics.  If she disagrees she can request a hearing before the Board.

M/S/P Dykema/Fritz to grant Jami Messmer 90 days per ARSD 20:76:03:07 to complete the required eight hours of CE.

M/S/P Dykema/Fritz to grant Geraldine Mathis 90 days per ARSD 20:76:03:07 to complete the required eight hours of CE.

5.         M/S/P Fritz/Zeller to approve the August 6, 2010 board Minutes as presented.

6.         Staff presented a flyer on Body Talk Access someone submitted for CE.  It is debatable whether it is massage therapy.  The instructor was NCBTMB approved so we had to accept it.  Staff will immediately ask the Board whenever questionable CE is submitted.

7.         The Board discussed candidates for the board vacancy.  Staff will forward Tim Faiman and Melanie Teems to the department for their submission to the Governor.

8.         Woitte nominated Dykema for president and that nominations cease.  It was seconded by Fritz, and passed.  Dykema nominated Woitte as vice president and that nominations cease.  It was seconded by Fritz, and passed.

The current financials were reviewed and questions were addressed.  Staff noted she had requested a cost analysis for the equipment needed to electronically file all the paper files in the office.

The list of Inactive and expired licensees were distributed so the Board could identify any violations.

M/S/P Zeller/Dykema to adjourn the meeting at 3:22pm.