April 28, 2007
First Exchange Bank
216 Fairmont Avenue
Fairmont, WV 26554
Start Time: 1:00 PM
Board Members Present:
M. DeStefano
B. S. Love
C. P. Negri
D. E. Samples
Registration of Public Members who wish to speak.
As per Dr. Love’s suggestion and the Board’s approval the public comment period was placed at the beginning of the meeting. The format chosen limited all public comment to forty-five minutes total, which was to be divided among the public speakers.
Nicholas Dudley, OMD, Charleston
James Slaymaker, LAc, Morgantown spoke on the following items:
1. Confirming his request updating his address on the Board web site as:
James Patrick Slaymaker, LAc
1224 Pineview Drive, Suite C
Morgantown, WV 26505
jim@acupuncture2heal.com
The Board web site has been notified and correction is in process.
2. Confirming his request that his company, “Acupuncture2Heal LLC,” as a Board approved CEU provider. Confirming his request that he personally, “James Patrick Slaymaker, LAc,” as a Board approved instructor.
Discussion between Mr. Slaymaker and Dr. Negri centered upon completing the Board form for providers. Dr. Negri agreed to forward the form and application to Mr. Slaymaker. Mr. Slaymaker paid the annual Board fee of $50.00 to Michelle DeStefano pending completion of the application.
The six proposed CEU courses were:
A. Legislative Law for Massage Therapy and Acupuncture in WV (four parts)
B. Professional Ethics and Conduct for Massage Therapy and Acupuncture (four parts)
C. Conducting Effective Board Meetings (two parts)
D. Practice Management for Massage Therapy and Acupuncture (four parts)
E. MetaPhysical Theories Related to Massage Therapy and Acupuncture (four parts)
F. Oriental Medicine Theory for Pregnancy and Childbirth (four parts)
The Board questioned Mr. Slaymaker regarding his proposed classes and requested additional information and specifics in his proposal. He agreed to expand his submitted information to be more reflective of the nature of what he was going to present. M. DeStefano and M. Hollinger requested more detail on the outline. S. Love requested copies of the course syllabus and handouts. Mr. Slaymaker agreed to send the information by mail to the Board members prior to the June 16th meeting.
Four of the six proposed classes were focused upon both licensed massage therapists as well as acupuncturists. Mr. Slaymaker was informed that Board of Acupuncture approval would not carry CEU credit for licensed massage therapists and that he would have to apply with the Board of Massage Therapy in addition to his application with the Board of Acupuncture.
3. Requesting clarification of “Acupuncture Tutorial” as defined in 32CRS12 and in WV Code 30-36-1 et seq.
The definition was found in 32CRS12.
4. Requesting clarification of “Acupuncture Apprenticeship” as provided in WV Code 30-36-1 et seq. and information regarding previous Board approved apprenticeships.
The definition was found in 32CRS12. Mr. Slaymaker was informed that several apprenticeships had be previously approved and several licensees entered by this method as approved in WV Code 30-36-1 et seq.
5. Requesting definition, procedures and status of any and all “Preceptorship Providers and Preceptors” specifically regarding the monetary and remuneration aspects.
The Board explained that it does not control whether the student pays the preceptor for instruction or whether the student is paid for their work. That is a private matter of contract between the parties and the Board is not involved.
6. Requesting the name of attorneys for the Board as consulted by Dr. Samples regarding the Board.
As per WV Code Chapters 29A-5-1, 30-1-1, and 30-36-1 et seq. the attorney for the Board is the WV Attorney General, Darrell V. McGraw. The actual letters from the Legislative Auditors and the Legislative Services were included in the handouts for the meeting. The WV Attorney General’s office invoked “Attorney-client” privilege and those letters were not included in the handouts.
7. Requesting clarification of the Governor’s appointments of the current Board.
8. Requesting recording of the meetings.
The Board informed Mr. Slaymaker that recordings will not be made available on line or otherwise and took no action.
Meeting
1. Call to order and Quorum count – all members present
2. Approval of the minutes of the March 17th meeting as posted on the Board web page and presented:
Moved by M. Hollinger
Seconded by M. DeStefano
Passed on voice vote
Regular Business:
Officers Reports
President C P Negri: Current Status
Dr. Negri reported that there was no change since the March 17th meeting.
Treasurer M de Stephano: Budget Report
Budget was received in the mail just prior to the start of the meeting and had not been reviewed or studied. Due to prior review, the Budget Report was tabled to the next meeting, June 16th, 2007.
The Board will continue its discussion on the subject of “Fixed Costs.” Linda Lyter has forwarded copies of the Board Budget which will be reviewed at the June 16th meeting.
Areas covered at the March 17, 2007 meeting included:
Board Liability Insurance (BRIM)
Telephone (Verizon)
Web site
Accounting and Operations (WV Dept of Administration)
Attorney fees (WV Attorney General)
Secretary D E Samples:
Board inspections of facilities and licensees. Dr. Samples presented the findings of the attorneys for Legislative Services and Legislative Auditors regarding the Board’s authority to conduct acupuncture facility inspections for the Board’s review. The Board has full authority under the Code as currently defined to conduct onsite inspections.
The Board reviewed the proposed “Inspection Worksheet.” Corrections and modifications were made to the form:
Moved by S. Love
Seconded by M. Hollinger
Passed on voice vote.
3. Old business- refers to the minutes from the meeting of March 17th.
Proposed clarification changes to 32CRS9-7. The request for proposed clarification was carried at the March 17th meeting. The proposed changes must be approved by the Board prior to releasing for public comment period. This is a Legislative Rule. The changes must be approved in the 2008 Legislative session in order to become effective.
The Board reviewed the proposed language changes as presented by Dr. Samples. The Board will put the proposed changes out for public comment period, to end on June 12th. The Board will post the proposed changes on its web site in addition to it being posted on the WV Secretary of State’s web site.
Moved by S. Love
Seconded by M. Hollinger
Passed on voice vote.
4. New business.
Continuing Education Provider – Application for Renewal from the National Board of Oriental Medical Family Practice, Little Rock, Arkansas. This application and the documentation was reviewed.
Presented by Dr. Negri. The Board had no questions and the application was renewed on unanimous vote.
New Legislative Rule – 32 CRS 7 Disciplinary and Complaint Procedures for Acupuncturists. This Legislative Rule will establish the outline of disciplinary and complaint procedures for the Board. This rule establishes infractions for which a licensee can be denied licensure, suspended from licensure, placed on probation, censured or fined. The rule protects the patient and the interests of State of West Virginia.
The Board reviewed the proposed new legislative rule as presented by Dr. Samples. The Board will put the proposed new legislative rule out for public comment period, to end on June 12th. The Board will post the proposed changes on its web site in addition to it being posted on the WV Secretary of State’s web site.
Moved by C. P. Negri
Seconded by S. Love
Passed on voice vote.
New Procedural Rule – 32 CRS 8 Contested Case Hearing Procedure. This Procedural Rule will establish the outline for procedures for the adjudication of contested case hearing before the Board. This rule establishes the methods for handling contested decisions of the Board in order to protect the rights of the individual licensee.
The Board reviewed the proposed new legislative rule as presented by Dr. Samples. The Board will put the proposed new legislative rule out for public comment period, to end on June 12th. The Board will post the proposed changes on its web site in addition to it being posted on the WV Secretary of State’s web site.
Moved by M. Hollinger
Seconded by S. Love
Passed on voice vote.
5. Additional Business
The Board was advised by S. Love that email addresses for the Board might be available through WVNet. General agreement was given to pursue learning more information about the process of obtaining email addresses for the Board members which would reflect their association with the State of WV. Information will be presented at the next meeting on June 16th.
The meeting was adjourned by C. P. Negri.