Acupunctureboard.az.gov



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State of Arizona Acupuncture Board of Examiners

1400 West Washington, Suite 230, Phoenix, Arizona 85007

(602) 364-0145 FAX (602) 542-3093

REGULAR MEETING

November 19, 2014

OPEN SESSION MINUTES

(Teleconference meeting)

Members of the Arizona Acupuncture Board of Examiners met at 1:00 p.m. on Wednesday, November 19, 2014, at 1400 West Washington, Conference Room B-1, Phoenix, Arizona and via teleconference.

Board Members Present:

John M. Rhodes, P.T., L.AC., Professional Member, Chairman

Teresa Buechel, L.AC., Professional Member, Secretary (via telephone)

Maureen Bronson, Consumer Member

Raoul T. Jacques, Consumer Member (via telephone)

B. Jeffrey Jolley, D.C., Professional Member (via telephone)

Jose Montoya, L.AC., Professional Member

Jennifer Sandoval, L.AC., Professional Member (via telephone)

Craig Seitz, D.C., L.AC., Professional Member (via telephone)

Board Member Absent:

Christopher M. Clair, Consumer Member

Administrative Staff:

Pete Gonzalez, Executive Director

Attorney General Representative:

Montgomery Lee, Assistant Attorney General (via telephone)

Call to Order

Chairman Rhodes called the meeting to order at 1:02 p.m.

The following order of business was then considered:

Declaration of Conflicts of Interest

Board Member Rhodes declared a conflict of interest on Agenda Item 3 (B), Complaint #2015-01 re: Frederick Ehmann, L.AC. Possible violation of A.R.S. §32-3208 and surrender of acupuncture license.

Board Member Montoya declared a conflict of interest on Agenda Item 3 (A), Report regarding compliance reports as outlined in Consent Agreement with Aeimee Diaz, L.AC.

Professional Business

Report regarding compliance reports as outlined in Consent Agreement with Aeimee Diaz, L.AC.

The Board asked the Executive Director to coordinate with Ms. Diaz and Dynamic Living Counseling, Inc. on how the requirements found in the consent agreement are being met in a timely manner.

The Board reviewed the compliance report and Board Member Bronson moved for the acceptance of the compliance report with Board Member Seitz providing a second. The motion carried by unanimous vote: 7-0.

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

Board Secretary Teresa Buechel assumed the chair at 1: 09 p.m. due to the conflict of interest declared by Chairman John Rhodes on this agenda item.

Complaint #2015-01 re: Frederick Ehmann, L.AC.

Possible violation of A.R.S. §32-3208 and surrender of acupuncture license.

Executive Director Gonzalez reviewed the memo prepared for this meeting which states that on October 20, 2014, the Board office received a letter from Scott C. Cox who is representing Fredrick (Rik) Ehmann, L.AC. According to this letter, Mr.

Ehmann was charged for the misdemeanor charge of Carrying a Concealed Deadly Weapon at the Louisville International Airport on December 5, 2013.

In addition, Mr. Ehmann pled guilty to the offense on March 5, 2014. The case was passed for sentencing to take place on March 5, 2015.

Mr. Ehmann attended the board meeting, via telephone, from Kentucky to answer any questions the Board may have on this matter.

Board Member Seitz asked how Mr. Ehmann answered the license renewal question that asks if an applicant has been charged in the past year. Mr. Ehmann did not think this incident had no correlation to patient safety so he did not report the incident to the Board.

Board Member Seitz asked if Mr. Ehmann is licensed in any other state. Mr. Ehmann stated he is also licensed in the state of Kentucky. The letter from Mr. Ehmann’s attorney was sent to the Kentucky Board of Acupuncture and Mr. Ehmann has not heard from the Kentucky Board of Acupuncture and there are no restrictions on his license.

Assistant Attorney General provided an overview of the options for the Board to consider on this matter.

Board Member Jacques moved to accept Mr. Ehmann’s surrender of his acupuncture license by a non-disciplinary consent agreement and Board Member Bronson provided a second. The motion carried by unanimous vote: 7-0.

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

Board Member Rhodes assumed the chair at 1:22 p.m.

Applications for Licensure (without self-disclosures)

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

Cameron Mustain

Paige G. Peters

Edward Lamadrid

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

Other Applications/Requests – Continuing Education

“Clinical Chinese Periocular Acupuncture” provided by the Chinese Health Center for 8 hours on February 22, 2015 in Phoenix, Arizona.

The Board had some additional questions for the provider. Board Member Seitz moved to table the application until the responses have been made available with Board Member Montoya providing a second. The motion carried by unanimous vote: 8-0.

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

“Course for Emotional Health with Classic Eastern Medicine” provided by Xiaotian Shen for 8 hours on March 7, 2015 in Chandler, Arizona.

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

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

Future Meeting Dates

December 17, 2014

January 28, 2015

Call to the Public

Mr. Bart Vermilya, L.AC., vice president, Arizona Society of Oriental Medicine and Acupuncture, provided the Board with an update on the issue of lasers as used by licensed acupuncturists and efforts to amend rules established by the Arizona Radiation Regulatory Agency.

Discussion of Items to be place on a future meeting agenda

• 2015 election of officers

• Report by the Phoenix Institute of Herbal Medicine and Acupuncture on student surveys and disciplinary procedures.

Adjournment

Board Member Bronson moved for adjournment and Board Member Jolley provided a second. The motion carried by unanimous vote: 8-0. The Board adjourned at 1:46 p.m.

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

Respectfully Submitted,

Pete Gonzalez

Executive Director

Approved by the Board: December 17, 2014

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