IDAHO STATE BOARD OF NATUROPATHIC MEDICAL EXAMINERS

Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642 

 Board Meeting Minutes of 8/19/2008

BOARD MEMBERS PRESENT:  Hon. Jack Barraclough
                                                             Brenda Grogan
                                                             Dr. Pamela Langenderfer
                                                             Dr. Dewain Lee
                                                             Dr. Jeremiah Stevens 

BUREAU STAFF:                           Tana Cory, Bureau Chief
                                                            Dawn Hall, Deputy Bureau Chief
                                                            Cherie Simpson, Management Assistant
                                                            Carrie Gilstrap, Technical Records Specialist

OTHERS PRESENT:                     General Darrell Manning
                                                            Kay Christensen, Deputy Attorney General
                                                            H. Rusty Arrington, Glen Mahoney, Jason D. West,
                                                            Gerald Nunn, Karen Sassadeck, L G Sassadeck,
                                                            Kris Ellis, Molly Steckel, Larry Benton, Sara Rodgers, Lon Stewart       

The meeting was called to order at 11:00 AM MDT.

Introductions of staff were made to the audience members who were present. Mr. Barraclough introduced himself and gave a background of
his experience.

Ms. Cory stated the deadline to submit proposed rules is tomorrow, August 20, 2008. She added that the Bureau staff is here to be of service
to the Board and to assist them through this process.    

ELECTION OF BOARD CHAIR

Dr. Lee moved that he be allowed to resign as the Board Chairman. Seconded by Ms. Grogan, motion carried.

Ms. Grogan moved that the Board elect Mr. Barraclough as Board Chairman. Seconded by Dr. Stevens, motion carried.

PRESENTATION FROM GENERAL MANNING

General Manning gave a presentation on the role of a Board.

CONTRACT WITH THE OFFICE OF THE ATTORNEY GENERAL

Ms. Christensen presented a contract authorizing the Attorney General’s Office to render legal services to the Board.

Dr. Lee moved the Board to authorize the Chair to sign the contract. Seconded by Dr. Langenderfer, motion carried.

Ms. Christensen reviewed the current statutes and discussed the open meeting law.

PROPOSED RULES

Ms. Grogan asked where the records should be kept including the licensure applications and other Board documents. Dr. Wilcher, former Board member, has been the custodian for the last year. The Board agreed to bring the records to the Bureau.

The meeting adjourned for lunch at 12:15p.m.

The meeting was called to order by Chairman Barraclough at 1:20 p.m.

Discussion was held on submitting the rules as temporary versus proposed.

Dr. Stevens moved that the Board submit the rules as proposed and not temporary. Seconded by Dr. Langenderfer, motion carried.

The Board reviewed the rules which were previously approved on April 25, 2006 as temporary rules and, by consensus, agreed to use them as a model.   A copy of these rules is attached to these minutes and is incorporated herein by this reference.

The Board agreed to leave the address at the Bureau of Occupational Licenses in section 005.

A brief discussion was held on Section 150. Qualifications.  

In section 150.01 of the rules, the Board changed the title from “new applicants” to “requirements for licensure,” and clarified that application fees are non-refundable, and for subsection .01 included specific language from the statute by referring to Idaho Code 54-5112 and omitting the other subsections.

Discussion was held regarding Rule 200 Examinations.

The meeting adjourned for a 15 minute break.

Chairman Barraclough called the meeting to order at 3:25 p.m.

Discussion was held regarding Idaho Code 54-5102 defining natural health care services.

Discussion resumed on Rule 200 Examinations. Chairman Barraclough asked if the NPLEX is the approved exam then what would the financial impact be on the Board. Ms. Cory stated she would provide that information.

Dr. Stevens moved to approve the NPLEX as the test, to hold the approval of other tests for down the road, and to implement a grandfather clause. Seconded by Dr. Langenderfer.

A substitute motion was then made by Ms. Grogan to allow the NPLEX and allow for other examinations. Seconded by Dr. Lee.

Discussion was held regarding a test developed by Dr. Arrington.

Chairman Barraclough asked Dr. Arrington, of the 120 people who have taken the exam, how many passed? Dr. Arrington stated he believes approximately 70-80%.  He stated that a majority of those who have taken the examination have also already taken a competency based exam in another area.

The Board reviewed the language from Oregon’s website and their rules regarding the exam.

Dr. West proposed the Board approve an exam that is equivalent as determined by the Board.

Dr. Lee stated he would like to implement the same language for examinations that Oregon has.

Dr. Lee moved that the Board use the language that was presented to the Board in a memorandum referring to language Oregon uses for the examination. Seconded by Ms. Grogan.

Dr. Lee moved that the Board use the language in the previous rules section 200.02 “Other Examinations as may be approved by the Board” with the deletion of “until July 1, 2007”. Seconded by Ms. Grogan.

Dr. Langenderfer asked if language could be added that states, “nationally accredited.” Dr. Stevens asked if they could implement language that states the approved exam is adopted by rule.

Dr. Stevens amended his motion to add the language, “adopted by rule.”

Dr. Lee moved that the language in 200.02 stay the same with the deletion of “July 1, 2007.” Seconded by Ms. Grogan.

Dr. Stevens asked for a friendly amendment to the motion to add the language “as approved by the Board.” Dr. Lee stated he could not accept that. It was determined that a vote was needed.

Dr. Lee moved that the proposed rule under subsection 200.01 state that, “the approved examination shall be the Naturopathic Physicians Licensing Examination (NPLEX) published by  the North American Board of Naturopathic Examiners or others as approved by the Board.” Seconded by Ms. Grogan, motion carried.

The Board then deleted 200.03 and moved subsection .04 to subsection .03

The Board added language to section 250.01 that states, “and must be accompanied by satisfactory continuing education requirements.”

Under Section 300 Scope of Practice, the Board corrected the spelling of naturopathic, deleted subsection .02 and adopted Section 301 to include intravenous injection (IV) certification.           

Under Section 350 Continuing Education, the Board deleted the first sentence and corrected the punctuation errors in subsections .02
and .02a.

Discussion was held regarding Section 400 Approved Schools of Naturopathic Medicine.

Dr. Lee moved to strike “accreditation” from the proposed rules subsection 400.02. Seconded by Ms. Grogan.

A substitute motion was made by Dr. Stevens to accept the language as written in the temporary rule 400.02. Seconded by Dr. Langenderfer. Motion failed.

A vote on the original motion ended in a tie.  The Chairman voted in the affirmative, breaking the tie. Motion carried.    

Discussion was held on deleting the entire Section 400. Ms. Christensen asked whether the Board intended to delete Section 400 regarding approved schools for naturopathic medicine and attempt to rely on the statute. The answer was yes.

The Board also agreed to delete Section 475 of the proposed rules.

Ms. Grogan asked if the formulary council needs to be addressed in the rules. After reviewing Idaho Code 54-5110, the members of the Board agreed that there was no need to do so at this time. 

The Board reviewed the entire draft of the proposed rules to verify that all changes had been made. The Board agreed it would schedule a hearing for those who have comments following publication of the rules in the October rules bulletin. Following the public hearing, the Board will meet to discuss the comments that are received.

Chairman Barraclough asked the staff’s opinion about what the chances were that these rules will pass. Ms. Cory stated that in the past, the Legislature has had concern with the examination and approved schools sections of the rules.

Ms. Cory will notify the Board of available dates to schedule a hearing.

Dr. Arrington asked if written comments would be accepted. The answer was yes.

Dr. Lee presented a request for continuing education approval for 12 hours to attend the Idaho Association of Naturopathic Physicians Conference in October. 

Dr. Lee moved the Board approve this request for continuing education. The motion was then seconded by Ms. Grogan. Dr. Langenderfer and Dr. Stevens abstained from voting. The motion carried.

The Board directed the minutes from the August 5, 2008 meeting be placed on the next agenda for review and approval.

Meeting adjourned at 5:40 p.m.

Last Modified - December 01, 2008