The University of the State of New York STATE EDUCATION DEPARTMENT OFFICE OF THE PROFESSIONS Education Building, 2 nd Floor Albany, NY 12234

Transcription

1 The University of the State of New York STATE EDUCATION DEPARTMENT OFFICE OF THE PROFESSIONS Education Building, 2 nd Floor Albany, NY NEW YORK STATE BOARD FOR CHIROPRACTIC MINUTES OF MEETING 475 Park Avenue South New York April 27, 2006 PRESENT: EXTENDED: ABSENT: SED STAFF: GUESTS: Chair Benjamin Bartolotto, D.C., Humayun J. Chaudhry, D.O., Ellen Coyne, D.C. Stephen Eble, D.C., Ali Jafari, D.C., Michelle Lester, D.C., Lee Masterson, D.C., Jay Okin, D.C., Todd Olson, Jo L. VanderKloot, MSW, CSW Joanne Amicola-Olgee, D.C., Anne Carpenter, D.C., Edward Epstein, D.C., Robert DeBonis, D.C., Charles Keller, D.C., Margaret Verhagen Gennetta Greer-Mitchell, D.D., Vincent Loia, D.C., Michael Martin, Jack Stern, M.D. Cynthia Laks, Kevin Kroencke, Donna Prespare Peter Morgan, D.C., Lynn Pownall, Janusz Richards, D.C., Stephen Simonetti, D.C., Thomas Ventimiglia, D.C. The Chair called the meeting to order at 10:20 and the Pledge of Allegiance was recited. Announcements: The Executive Secretary began the meeting by introducing the Board s new members, Dr. Ellen Coyne and Mr. Michael Martin. Dr. Coyne briefly spoke to the board about her background. Dr. Masterson noted that Mr. Martin expressed his gratitude for the opportunity to serve on the board and regrets not being able to attend the meeting as he had to fly to Washington, D.C. on business. The Executive Secretary noted that Dr. Bartolotto is now the Board Chair. Dr. Jafari, as the preceding Chair, presented Dr. Bartolotto with his gavel. The Chair asked that all board members and guests introduce themselves. The Chair also noted that Dr. Loia, Vice-Chair, was in Phoenix but sent his best wishes for a successful meeting. The Chair addressed the ever-growing power struggle between the National Board of Chiropractic Examiners (NBCE) and the Federation of Chiropractic Licensing Boards (FCLB). He noted that there have been numerous s, mailings, etc regarding this conflict. The election

2 will be held in three weeks. Dr. Jafari will be representing the State Board at this meeting in Portland, OR. The Chair noted the article that honored Dr. Verhagen for her work with the Sarah Wells Girl Scout Council and the YWCA of Orange County. The Executive Secretary addressed the issue of rescheduling the July meeting to the month of June. The proposed dates are June 29 and 30 th. It was decided by all in attendance that the meeting would take place in June. The second day of the Board Meeting will be used to address the issues of a practice alert on continuing education and the determination of good/bad moral character. Minutes: The Chair asked for a motion to accept the minutes; so moved by Dr. Eble and seconded by Dr. Olson Committee Reports: Practice Committee No report given Discipline Committee The Chair noted that Dr. Eble will now be Chair of this committee. The Chair discussed the three cases that were in the Board meeting materials. The first case involved insurance fraud. Dr. DeBonis had served on this panel. The respondent was found guilty of a felony, which carries a criminal penalty. Dr. DeBonis was not privy to all the information behind the charges. The second case involved a sexual misconduct incident and the doctor s license was revoked as a result. The third case involved criminal possession of a controlled substance. Dr. Jafari served on this panel. Dr. Eble asked if a referral to the Professional Assistance Program (PAP) would have been a possibility on this case or any other cases that involved the use of controlled substances. In this case, the option had not been given. Dr. Eble has been receiving phone calls, faxes, etc about spinal decompression advertisements. Dr. Keller is working on this issue with Michael Colon, from the Office of Professional Discipline, and will provide information when he can (after the actions are finalized by the Board of Regents). 2

3 Credentialing/Continuing Education Committee The Chair noted that Dr. Masterson will now serve on this committee. Drs. Bartolotto and Olson met with the Executive Secretary and Mr. Kroencke the day before the board meeting to discuss continuing education. Dr. Olson started his report by stating that, in June, the continuing education law will have been in effect for two years. Within this time period we have identified the major pitfalls, administratively adjusted the processing, been in contact with those providers that have not submitted information, and have developed a procedure for processing the course submissions. Dr. Olson made note of the wonderful job that Mr. Kroencke has been doing regarding the reviewing of continuing education applications and identifying those that are acceptable and those that are not. The Executive Secretary added her kudos as well regarding the wonderful job Mr. Kroencke has been doing with continuing education, in addition to the many other duties he has within the Office of Professions. Currently half of the institutions that have been approved to offer continuing education credits are submitting their coursework to the board. Mr. Kroencke raised concern regarding other methods of obtaining continuing education credits. At the present time, five hours of credit is being given for renewal of CPR qualifications. It was determined that EMT training is also appropriate and that ten hours of credit time will be given to those that are taking the course for the first time and five hours will be awarded to practitioners who are renewing their credentials. Mr. Kroencke reminded the board that our regulations state that the program has to be offered by an approved sponsor for credit to be awarded. Dr. Olson said that having now developed an administrative strategy for course approval of continuing education classes, the committee is now ready to move towards the enforcement and auditing phase. This will ensure that chiropractors are taking their CE classes and are in compliance with the requirement. As of June the requirement will be 30 hours. The audit will consist of checking to see if all of the requirements have been met. Mr. Kroencke will put together a packet of information describing the auditing process and how it will work. A further discussion will take place during the June board meeting. The development of a practice alert on CE was also discussed. The committee will begin working on the formatting and content of the alert at the June Education Day. It will be prepared as a mailer, not requiring an envelope. It was suggested that, perhaps, something could be printed on the outside of the mailer so chiropractors will be aware of its content. Law and Regulation Committee Dr. Coyne was appointed as a member of this committee. There was a discussion regarding A10114, which would permit only MD s and DO s to perform EMGs. The Chair discussed the Federal Health Insurance Marketplace Modernization and Affordability Act. He noted that we should keep a watchful eye on this bill. Local Chambers of 3

4 Commerce are supportive, so he suggested that the board members may want to check on their own chamber s position. Dr. Keller noted that Peter Grannis sent a strong letter in favor to Hillary Rodham Clinton regarding this issue. Dr. Morgan spoke about the recent lobby day sponsored by the two State organizations in Albany. So far nothing has come of it and it was noted that fewer chiropractors were in attendance than last year. This was the second year for this activity. The group was lobbying for the workers compensation bill and the insurance equality bill. They also met with two legislators and lobbyists to address these issues. Dr. Okin reported that there were no additional issues to discuss at the present time. Public Information Committee Dr. Chaudhry indicated that all returning veterans are able to get chiropractic care and he thanked Dr. DeBonis for submitting this information. Diversity Committee There was no report given at this meeting. The Chair appointed Ms. VanderKloot as Co-Chair of this committee. BREAK FOR LUNCH Presentation by Dr. Stephen Simonetti Upon return from lunch, Dr. Stephen Simonetti discussed a new, exciting program that is about to be undertaken across the state and country. Dr. Simonetti thanked the board for enabling him to make this presentation. Straighten Up America is a new exercise and lifestyle initiative that will be incorporated into schools. While next year the project may be funded, there is no funding available for it this year to cover the cost of mass producing the CD. To date, Dr. Simonetti has met with a few legislators and has held awareness days and hopes that October will be designated as spinal health month, with October 16 declared as National Spine Day. This initiative will have to go the Board of Regents and the State Education Department before it is incorporated into schools across the state. Straighten Up America is geared towards children but may be expanded to those in the workplace. Dr. Simonetti suggested that the Board may want to start it s meetings with Straighten Up America. Other Issues Dr. Verhagen had spoken to the Executive Secretary about a recent moral character hearing that had disturbed to her. The panel split 2-1 and a license will be granted. She felt very strongly that this individual should not have been granted a license. Dr. Verhagen asked if a conditional license could be issued to chiropractors in the state The Executive Secretary stated 4

5 that there is no provision in law for a conditional license in any of the 47 professions regulated by the NYSED. A moral character determination is final unless one of the parties appeals. If no one appeals the committee s decision the Division of Professional Licensing Services (DPLS) issues a license. Dr. Epstein suggested that the Board schedule a workshop on moral character to discuss the process in detail so all board members gain a better understanding of the process. The Chair and the Executive Secretary agreed with this suggestion and will act on it. The development of a pre-practice alert directed at the colleges was also suggested. Correspondence The Chair made note of the two letters from the National Board of Chiropractic Examiners. New Business Dr. Masterson noted that Dr. Simonetti will be at the Meadowlands to discuss the Straighten Up America program. Dr. Okin moved to adjourn the meeting at 1:50 and Dr. Eble seconded the motion. 5