Phone: 608-266-2112 Wisconsin Department of Safety and Professional Services Web: http://dsps.wi.gov Division of Policy Development Email: [email protected] 4822 Madison Yards Way PO Box 8366 Scott Walker, Governor Madison WI 53705-8366 Laura Gutiérrez, Secretary CHIROPRACTIC EXAMINING BOARD Room N208, 4822 Madison Yards Way, Madison Contact: Tom Ryan (608) 266-2112 November 29, 2018 The following agenda describes the issues that the Board plans to consider at the meeting. At the time of the meeting, items may be removed from the agenda. Please consult the meeting minutes for a record of the actions of the Board. AGENDA 8:30 A.M. OPEN SESSION – CALL TO ORDER – ROLL CALL A) Adoption of Agenda (1-4) B) Approval of Minutes of August 30, 2018 (5-7) C) Conflicts of Interest D) Administrative Matters 1) Department and Staff Updates 2) Board Members – Board Member Status a) Scott Bautch – 7/1/2021 b) Bryan Gerondale – 7/1/2021 c) Jeffrey King – 7/1/2019 d) Juli McNeely – 7/1/2021 e) Patricia Schumacher – 7/1/2019 f) Public Member – Vacant E) 8:30 A.M. PUBLIC HEARING: CR 18-071 – Chir 4, Relating to Chiropractic Practice (8) 1) Review and Respond to Public Comments and Clearinghouse Report (9-18) F) Legislative and Administrative Rule Matters – Discussion and Consideration (8) 1) Review of Draft Rules for Chir 1, 4, 10, and 11, Relating to Delegation of Health Care Services to Health Care Professionals (19-23) 2) Review of Draft Rules for Chir 9, Relating to Chiropractic Preceptorship (24-32) 3) Proposals for Chir 5, Relating to Continuing Education; Chir 6, Relating to Standards of Conduct; and Chir 12, Relating to Nutritional Counseling Certification (33-41) 4) Update on Legislation and Pending and Possible Rulemaking Projects 1 G) Continuing Education Approval – Discussion and Consideration 1) Providers of Approved Continuing Education (PACE) Pre-Approval H) Speaking Engagements, Travel, or Public Relation Requests, and Reports 1) Travel Report: Scott Bautch – 2018 Federation of Chiropractic Licensing Boards (FCLB) District II Regional Meeting on October 11-14, 2018 in Fort Walton Beach, FL I) Education and Examination Matters – Discussion and Consideration 1) International Chiropractic Pediatric Association (ICPA) Request for Review of Continuing Education Course Denial (42-162) 2) Wisconsin Chiropractic Association (WCA) Request for Approval of Chiropractic Technician Course of Study (163-173) J) Items Added After Preparation of Agenda: 1) Introductions, Announcements and Recognition 2) Nominations, Elections, and Appointments 3) Administrative Matters 4) Election of Officers 5) Appointment of Liaisons and Alternates 6) Delegation of Authorities 7) Education and Examination Matters 8) Credentialing Matters 9) Practice Matters 10) Legislative and Administrative Rule Matters 11) Preceptor Approvals 12) Liaison Reports 13) Board Liaison Training and Appointment of Mentors 14) Informational Items 15) Division of Legal Services and Compliance (DLSC) Matters 16) Presentations of Petitions for Summary Suspension 17) Petitions for Designation of Hearing Examiner 18) Presentation of Proposed Stipulations, Final Decisions and Orders 19) Presentation of Proposed Final Decisions and Orders 20) Presentation of Interim Orders 21) Petitions for Re-Hearing 22) Petitions for Assessments 23) Petitions to Vacate Orders 24) Requests for Disciplinary Proceeding Presentations 25) Motions 26) Petitions 27) Appearances from Requests Received or Renewed 28) Speaking Engagements, Travel, or Public Relation Requests, and Reports K) Future Agenda Items L) Public Comments CONVENE TO CLOSED SESSION to deliberate on cases following hearing (§ 19.85 (1) (a), Stats.); to consider licensure or certification of individuals (§ 19.85 (1) (b), Stats.); to consider closing disciplinary investigations with administrative warnings (§ 19.85 (1) (b), Stats. and § 440.205, Stats.); to consider individual histories or disciplinary data (§ 19.85 (1) (f), Stats.); and to confer with legal counsel (§ 19.85 (1) (g), Stats.). 2 M) Deliberation on Division of Legal Services and Compliance Matters 1) Review of Administrative Warnings a) 10:00 A.M. APPEARANCE: DLSC Attorney Lesley McKinney, J.M.W., and Attorney Michael Russart – 17 CHI 023 – J.M.W. (174-200) 2) Case Closings a) 16 CHI 010 – C.V.W. (201-204) b) 17 CHI 013 – L.J.C. (205-211) c) 18 CHI 012 – R.R.M. (212-214) N) Deliberation of Items Added After Preparation of the Agenda 1) Education and Examination Matters 2) Credentialing Matters 3) DLSC Matters 4) Monitoring Matters 5) Professional Assistance Procedure (PAP) Matters 6) Petitions for Summary Suspensions 7) Petitions for Designation of Hearing Examiner 8) Proposed Stipulations, Final Decisions and Orders 9) Proposed Interim Orders 10) Administrative Warnings 11) Review of Administrative Warnings 12) Proposed Final Decisions and Orders 13) Matters Relating to Costs/Orders Fixing Costs 14) Case Closings 15) Board Liaison Training 16) Petitions for Assessments and Evaluations 17) Petitions to Vacate Orders 18) Remedial Education Cases 19) Motions 20) Petitions for Re-Hearing 21) Appearances from Requests Received or Renewed O) Consulting with Legal Counsel RECONVENE TO OPEN SESSION IMMEDIATELY FOLLOWING CLOSED SESSION P) Vote on Items Considered or Deliberated Upon in Closed Session, if Voting is Appropriate Q) Open Session Items Noticed Above Not Completed in the Initial Open Session R) Delegation of Ratification of Examination Results and Ratification of Licenses and Certificates ADJOURNMENT NEXT SCHEDULED MEETING: JANUARY 31, 2019 ************************************************************************************ MEETINGS AND HEARINGS ARE OPEN TO THE PUBLIC, AND MAY BE CANCELLED WITHOUT NOTICE. Times listed for meeting items are approximate and depend on the length of discussion and voting. All meetings are held at 4822 Madison Yards Way, Madison, Wisconsin, unless otherwise noted. In order to confirm a meeting or to request a complete copy of the board’s agenda, please call the listed contact person. The board may also consider materials or items filed after the transmission of this notice. Times listed for the commencement of disciplinary hearings may be changed by 3 the examiner for the convenience of the parties. Interpreters for the hearing impaired provided upon request by contacting the Affirmative Action Officer, 608-266-2112. 4 CHIROPRACTIC EXAMINING BOARD MEETING MINUTES August 30, 2018 PRESENT: Bryan Gerondale, D.C.; Jeffrey King, D.C.; Scott Bautch, D.C.; Patricia Schumacher, D.C., Juli McNeely STAFF: Tom Ryan, Executive Director; Dale Kleven, Administrative Rules Coordinator; Kimberly Wood, Program Assistant Supervisor-Adv.; and other Department Staff CALL TO ORDER Patricia Schumacher, Chair, called the meeting to order at 9:36 a.m. A quorum of five (5) members was confirmed. ADOPTION OF AGENDA MOTION: Juli McNeely moved, seconded by Bryan Gerondale, to adopt the agenda as published. Motion carried unanimously. APPROVAL OF MINUTES MOTION: Scott Bautch moved, seconded by Jeffrey King, to approve the minutes of June 28, 2018 as published Motion carried unanimously. LEGISLATION AND ADMINISTRATIVE RULE MATTERS Review of Preliminary Rule Draft for Chir 4, Relating to Chiropractic Practice MOTION: Bryan Gerondale moved, seconded by Scott Bautch, to approve the preliminary rule draft of Chir 4, relating to Chiropractic Practice, with changes approved at today’s meeting, for posting for economic impact comments and submission to the Clearinghouse. Motion carried unanimously. Administrative Rules Reporting Requirement Under 2017 Wisconsin Act 108 MOTION: Jeffrey King moved, seconded by Scott Bautch, to designate Bryan Gerondale to serve as a liaison to DSPS staff for drafting the Act 108 report, relating to administrative rules, and to authorize the Chair, or highest-ranking officer, or longest serving member of the Board, in order of succession, to approve the report for submission to the Joint Committee for Review of Administrative Rules. Motion carried unanimously. SPEAKING ENGAGEMNTS, TRAVEL OR PUBLIC REQUIESTS AND REPORTS Federaion Chiropractic Licensing Boards (FCLB) District II Meeting on October 11-14, 2018 in Fort Walton Beach, FL MOTION: Bryan Gerondale moved, seconded by Juli McNeely, to to designate Scott Bautch to attend the FCLB District II Meeting on October 11-14, 2018 in Fort Walton Beach, FL and to authorize travel. Motion carried unanimously. 5 EDUCATION AND EXAMINIATION MATTERS Moraine Park Request for Approval of Chiropractic Technician (CT) Course of Study MOTION: Scott Bautch moved, seconded by Bryan Gerondale, to approve the request of Moraine Park’s Chiropractic Technician (CT) Course of Study. Motion carried unanimously. CLOSED SESSION MOTION: Scott Bautch moved, seconded by Juli McNeely, to convene to Closed Session to deliberate on cases following hearing (§ 19.85(1) (a), Stats.); to consider licensure or certification of individuals (§ 19.85 (1) (b), Stats.); to consider closing disciplinary investigations with administrative warnings (§ 19.85 (1) (b), Stats. and § 440.205, Stats.); to consider individual histories or disciplinary data (§ 19.85 (1) (f), Stats.); and to confer with legal counsel (§ 19.85 (1) (g), Stats.). Patricia Schumacher, Chair, read the language of the motion aloud for the record. The vote of each member was ascertained by voice vote. Roll Call Vote: Scott Bautch-yes; Bryan Gerondale-yes; Jeffrey King-yes; Juli McNeely-yes and Patricia Schumacher-yes. Motion carried unanimously. The Board convened into