State of Arizona Acupuncture Board of Examiners s1

State of Arizona Acupuncture Board of Examiners 1400 West Washington, Suite 230, Phoenix, Arizona 85007 (602) 364-0145 FAX (602) 542-3093

REGULAR MEETING

December 16, 2015

OPEN SESSION MINUTES

Members of the Arizona Acupuncture Board of Examiners met at 1:00 p.m. on Wednesday, December 16, 2015, at 1400 West Washington, Conference Room B-1, Phoenix, Arizona.

Board Members Present: John M. Rhodes, P.T., L.AC., Professional Member, Chairman Teresa Buechel, L.AC., Professional Member, Secretary Maureen Bronson, Consumer Member Raoul T. Jacques, Consumer Member B. Jeffrey Jolley, D.C., Professional Member Jose Montoya, L.AC., Professional Member Jennifer Sandoval, L.AC., Professional Member Craig Seitz, D.C., L.AC., Professional Member

Board Members Absent: Vacancy—Consumer Member

Administrative Staff: Pete Gonzalez, Executive Director

Attorney General Representative: Seth T. Hargraves, Assistant Attorney General Call to Order

Chairman Rhodes called the meeting to order at 1:03 p.m.

The following order of business was then considered:

Declaration of Conflicts of Interest

No conflicts were filed.

Discussion and Approval of Minutes

Board Member Bronson moved the adoption of the October 28 2015 regular board meeting minutes as amended with Board Member Buechel providing a second. The motion was approved by unanimous vote: 8-0.

Bronson Buechel Jacques Jolley Montoya Rhodes Sandoval Seitz Vote X X X X X X X X Aye Nay Recused Abstained Absent

Board Member Seitz moved the adoption of the November 18, 2015 regular board meeting minutes with Board Member Sandoval providing a second. The motion was approved by unanimous vote: 8-0.

Complaints/Investigations

Complaint #2015-02—re: John Tesi

The Board at previous board meetings requested that Mr. Tesi make every effort to remove information found on a number of websites that list him as an acupuncturist in Tucson, Arizona.

2 On November 3, 2015, Mr. Tesi provided a letter outlining his efforts to meet the request stated by the Board. The Board acknowledged Mr. Tesi’s attempts to remove his name from the websites, but his name still appears on a couple of websites. Mr. Tesi was not in attendance for this board meeting.

Board Member Sandoval moved to request that a letter of completion from Mr. Tesi be provided in two months with Board Member Seitz providing a second. The motion was approved by unanimous vote: 8-0.

Complaint #2016-01—re: Emma Lizarazu, L.AC.

Executive Director Gonzalez shared the letter from the complainant which states that Ms. Lizarazu has provided a refund of the fees.

The Board asked if any additional information on this complaint has been received since the last board meeting. Executive Director Gonzalez stated no new information has been submitted.

Board Member Jolley moved to close this complaint with Board Member Buechel providing a second. The motion was approved by unanimous vote: 8-0.

Applications for Licensure

The Board reviewed the license applicant chart and Board Member Bronson moved for the approval of the applicant for licensure listed below with Board Member Buechel providing a second. The motion was approved by unanimous vote: 8-0.

Roberta A. Daugherty

3 Bronson Buechel Jacques Jolley Montoya Rhodes Sandoval Seitz Vote X X X X X X X X Aye Nay Recused Abstained Absent

Applications for Licensure (with self-disclosures)

Mr. Jason Caldwell has submitted an acupuncture license application and responded “yes” to the application question that reads: Have you ever been convicted of a crime, other than a minor traffic offense?

Mr. Caldwell was in attendance.

The Board reviewed and discussed the documents provided by Mr. Caldwell regarding the incident that took place in 2009.

Mr. Caldwell holds State of Florida licenses in acupuncture and massage therapy. Both licenses are in good standing.

Board Member Jacques moved for the approval of the applicant for licensure listed below with Board Member Sandoval providing a second. The motion was approved by unanimous vote: 8-0.

Jason Caldwell

Ms. Kimberly D. Maloney has submitted an acupuncture license application and responded “yes” to the application question that reads: Have you ever been convicted of a crime, other than a minor traffic offense?

Ms. Maloney joined the board meeting via telephone from California.

The Board reviewed and discussed the documents provided by Ms. Maloney regarding the incidents that took place back in 2006. In addition, the California Acupuncture Board issued a Notice of Citation as the board determined that Ms. Maloney had not disclosed a charge of petty theft on her California license application. As a result, he California Acupuncture Board issued (via the Notice of

4 Citation) a monetary fine and the matter was closed. Ms. Maloney has been a licensed acupuncturist in the State of California since April 27, 2015 and is in good standing.

Board Member Seitz moved for the approval of the applicant for licensure listed below with Board Member Buechel providing a second. The motion was approved by a vote of: 7-1.

Kimberly D. Maloney

Bronson Buechel Jacques Jolley Montoya Rhodes Sandoval Seitz Vote X X X X X X X Aye X Nay Recused Abstained Absent

Other Applications/Request – Continuing Education Provider Request for Course Approval

“Chinese Ocular Diagnosis and Periocular Acupuncture” provided by the Chinese Health Center for 8 hours on September 18, 2016 in Anthem, Arizona.

The Board reviewed the application and Board Member Bronson moved for approval of the application with Board Member Bronson providing a second. The motion was approved by unanimous vote: 8-0.

“Integrative Oncology-Cancer care with Acupuncture and Chinese Medicine” provided by the Chinese Health Center for 8 hours on March 6, 2016 in Anthem, Arizona.

The Board reviewed the application and Board Member Seitz moved for approval of the application with Board Member Bronson providing a second. The motion was approved by unanimous vote: 8-0.

5 Bronson Buechel Jacques Jolley Montoya Rhodes Sandoval Seitz Vote X X X X X X X X Aye Nay Recused Abstained Absent

Professional Business

Review and Adoption of 2016 Board Meeting Schedule

The Board will take action on the proposed meeting schedule at the January, 27 2016 board meeting.

Discussion of Procedures for Election of 2016 Board Officers

The Board will hold its election of officers at the January 27, 2016 board meeting.

Executive Director Report (Information Only)

Executive Director Gonzalez reviewed the following information with the Board.

License and Certificate Status Report:

Active Licensed Acupuncturists: 595 Expired Licenses: 4 Active Certified Auricular Acupuncturists: 38

Board Office Information/Activities:

. Pursuant to Arizona Revised Statutes §32-3925 (B), license and certificate renewal notices for February 2016 licensees were prepared and sent. In addition, expired license and certificate letters for the month of November 2015 were sent. . Chairman Rhodes and Executive Director Gonzalez met with representatives from the Arizona Department of Health Services to discuss licensing requirements for behavioral health agencies and hiring of auricular acupuncturists. . Attended the 90/10 Executive Directors meeting on December 8, 2015.

. Working with legislative staff on gaining clarification on the fingerprint rulemaking. The new law allowing the Board to require fingerprints of license applicants has been interpreted to include license renewals. This would require the office to review and approve close to 600 renewals, with the addition of fingerprints, in one year which poses financial and time difficulties for the office.

6 . Working with the Arizona State Library, Archives and Public Records office to update the Board’s records retention schedule. A new schedule will be submitted in January or February 2016 for review and approval. . The Governor’s Regulatory Review Council (GRRC) approved the Board’s Five- Year Report on November 24, 2015 (study session) and December 1, 2015 (regular council meeting).

Future Meeting Dates

January 27, 2016 February 24, 2016 (Teleconference Meeting)

Call to the Public

No requests to speak were submitted.

Discussion of Items to be place on a future meeting agenda

No items were requested.

Adjournment

Chairman Rhodes moved for adjournment and Board Member Buechel provided a second. The motion was approved by unanimous vote: 8-0. The Board adjourned at 2:00 p.m.

Respectfully Submitted,

Pete Gonzalez Executive Director

Approved by the Board: January 27, 2016