June 16, 2007
First Exchange Bank
216 Fairmont Avenue
Fairmont, W. Va. 26554
Start Time: 1:00 PM
Board Members Present:
M. DeStefano
M. Hollinger
C. P. Negri
D. E. Samples
Board Members Absent:
B. S. Love
Registration of Public Members who wish to speak.
Public members registered to speak
Michelle DeStefano
James Patrick Slaymaker
The Board continued the previously adopted policy of receiving public comments prior to the meeting. Items presented in the public forum will be considered by the Board without any obligation upon the Board to act at the time of presentation.
Board Members are advised that W. Va. has an open meeting law th allows any member of the public or press to be present at any official meeting. The public or press can only observe under normal procedures. The public or press can address, question or present only with permission from the Chairman. Copy of the W. Va. Open Meeting Act was included for review.
There will be no time allotted for public comment period after the formal Board session.
Michelle DeStefano requested time to speak as a member of the public and as a professional licensee. She stated that her comments reflected a conversation between Tammy McGraff, a licensee, and her. The focus of M. DeStefano’s comments regarded protection of alternant traditions within the acupuncture profession and the Board’s position in protecting those traditions.
Discussion by the Board focused upon the provisions in the practice act that allow for the practice of all Oriental medical therapies, WV Code 30-36-2(a)(5). It is not the Board’s policy to interfere with the acupuncture physician/patient relationship in choosing the correct treatment plan, however practitioners are encouraged to use all available methods to provide the best possible therapy.
James Slaymaker requested time to speak as a member of the public and as a professional licensee. He presented a handout to the Board of specific questions.
Question: Regarding announcement of meetings as required by the open meeting act.
Answer: The meeting was posted in the State Register with the Secretary of State, on the Board’s web site and with the WV Association of Oriental Medicine’s membership forum (online), each placed thirty days prior to the meeting. Complies with WV Code.
Question: Regarding Board policy and procedures regarding Acupuncture Tutorials, Apprenticeships and Preceptorships.
Answer: There have been no changes or request for changes to the WV CSR regarding these three areas (32CSR12).
Question: Regarding the Board recording meetings and creation of “Approved Minutes.”
Answer: The Board has no plans to alter the current method.
Question: Regarding software used in the creation of Title 32CSR and noting typographical errors found in 32CSR7, 32CSR8 and 32CSR9.
Answer: All legislative and procedural rules must be written and published in WordPerfect. The typographical errors were already addressed.
Question: Regarding receipt of Provider Certificate, AP-96-005.
Answer: The Board mailed said certificate with his letter, which he did receive.
Question: Proposed posting of approved providers list online, on the Boards web site.
Answer: To be taken under consideration.
1. Call to order and Quorum count – Board members are advised that for the WV Board of Acupuncture, a quorum is three people present. The meeting started at the convened time once a quorum was noted by the Chairman.
2. Approval of the minutes of the April 28th meeting. These were posted on the web site after the last meeting. Formal vote of approval of the current minutes as follows:
Moved by C. P Negri
Seconded by M. Hollinger
Carried by voice vote, unanimous.
Regular Business:
Officers Reports
President C P Negri: Current Status – no investigations, no complaints filed
Treasurer M de Stefano: Budget Report – without change to filed budget
Secretary D E Samples: Review of letter from the Attorney General regarding Inspection of Offices
3. Old business- from the minutes from the past meetings.
3.a. Proposed clarification changes to 32CRS9. The proposed clarification language changes were carried at the April 28th meeting. The proposed changes were put forth for 45 day public comment period, posted to the W. Va. Secretary of State for publication in the State Register. In addition, the proposed changes were posted on the Board’s web site and published on the WVAOM web list.
There were no comments made during the public comment period.
This is a Legislative Rule requiring final Board approval.
Moved by M. Hollinger
Seconded by C. P. Negri
Carried on voice vote, unanimous.
The agency approved rule now goes to the W. Va. Legislative Rule Making Review Committee, an Interim Joint Legislative Committee. This committee will have a public hearing, which a Board member must attend to answer questions about the rule.
Board Secretary D. Samples was selected to represent the Board.
The W. Va. LRMRC will then make suggestions for changes, if any, and will recommend for passage or not for passage. Either way, the rule still goes before the 2008 legislative session, if the Board wishes. The rule must then be approved in the 2008 Legislative session and signed by the Governor in order to become effective.
3.b. New Legislative Rule – 32CRS7 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 proposed new rule, 32CRS7 Disciplinary and Complaint Procedures for Acupuncturists, was carried at the April 28th meeting. The proposed rule was put forth for 45-day public comment period, posted to the W. Va. Secretary of State for publication in the State Register. In addition, the proposed new rule was posted on the Board’s web site and published on the WVAOM web list.
There were no comments made during the public comment period.
This is a Legislative Rule requiring final Board approval.
Moved by C. P. Negri
Seconded by M. DeStefano
Carried on voice vote, unanimous.
The agency-approved rule now goes to the W. Va. Legislative Rule Making Review Committee, an Interim Joint Legislative Committee. This committee will have a public hearing, which a Board member must attend to answer questions about the rule.
Board Secretary D. Samples was selected to represent the Board.
The W. Va. LRMRC will then make suggestions for changes, if any, and will recommend for passage or not for passage. Either way, the rule still goes before the 2008 legislative session, if the Board wishes. The rule must then be approved in the 2008 Legislative session and signed by the Governor in order to become effective.
3.c. New Procedural Rule – 32CRS8 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 proposed new rule, 32CRS8 Contested Case Hearing Procedure, was carried at the April 28th meeting. The proposed rule was put forth for 45-day public comment period, posted to the W. Va. Secretary of State for publication in the State Register. In addition, the proposed new rule was posted on the Board’s web site and published on the WVAOM web list.
There were no comments made during the public comment period.
This is a Legislative Rule requiring final Board approval.
Moved by C. P. Negri
Seconded by M. DeStefano
Carried on voice vote, unanimous.
This is a procedural rule that does not require a W. Va. Legislative Rule Making Review Committee hearing or vote. The agency-approved rule will be filed with the Legislature and the W. Va. Secretary of States office. It will become effective 30 days after final filing of the rule. No further action will be associated with this rule.
3.d. Continuing Education Provider – James Slaymaker, L. Ac. (Acupuncture2Heal LLC)
Mr. Slaymaker has six proposed CEU courses before the Board at this time:
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)
Mr. Slaymaker requested removal of these items from the Board’s agenda during the meeting. The Board granted his request.
No further action will be taken on this matter.
4. New business.
FAOMRA Membership Renewal – Federation of Acupuncture & Oriental Medicine Regulatory Agencies
The Board reviewed the Bylaws of this agency. In the past Jeffery Worth, OMD, RN and Dr. Samples have represented the State of West Virginia on this agency.
Board Chairman C. P. Negri suggested that membership on FAOMRA is worth the Board’s investment.
Moved by C. P. Negri
Seconded by M. DeStefano
Carried by voice vote, unanimous.
The Board asked Dr. Samples to continue as the West Virginia delegate from the Board with M. DeStefano being the alternate. This will provide continuity and allow Michelle to begin to work with other Boards throughout the country and learn more about the profession from a national viewpoint.
D. Samples proposed to authorize use of Board funds for attendance and travel expenses to the FAOMRA meetings for the delegate and alternate.
Moved by M Hollinger
Seconded by C. P. Negri
Carried by voice vote, unanimous.
This concluded the Board meeting, Adjourned by C. P. Negri with unanimous consent.