Chirophilia: October 2007

Friday, October 26, 2007

Chirophilia

I love chiropractic, and all means of healing, improving, and finding goodness in life.

Concentrating on chiropractic, my profession, I work to improve a wonderful healing profession which needs a lot of care. It is a fertile ground in Florida for fraud and all sorts of corruption of the basic, simple original idea of helping people.

Never mind philosophical argument about techniques of healing, that is always in flux. I aim to concentrate on the power of intent, if the intent is proper, to heal, then criminal and misguided activities naturally go to the wayside.

I attend Chiropractic Board meetings when I can. I do IME and Peer Review, work with anyone that might help guide the profession, weed out or change behavior of those that tarnish the profession. We all need to clean our own house. If we as a profession do not clean the house, we may lose it.

NEW REQUIREMENTS FOR CHIROPRACTIC MEDICINE:

Section 460.406, F.S. – Licensure by examination:

(1)(e) Successfully completed the National Board of Chiropractic Examiners certification examination in parts I, II, and III, with a score approved by the board.

The board may require an applicant who graduated from an institution accredited by the Council on Chiropractic Education more than 10 years before the date of application to the board to take the National Board of Chiropractic Examiners Special Purposes Examination for Chiropractic, or

its equivalent, as determined by the board. The board shall establish by rule a passing score.

(5) A student in a school or college of chiropractic accredited by the Council on Chiropractic Education or its successor in the final year of the program may file an application pursuant to subsection (1), take all examinations required for licensure, submit a set of fingerprints, and pay all fees required for licensure. A chiropractic student who successfully completes the

licensure examinations and who otherwise meets all requirements for licensure as a chiropractic physician during the student’s final year must have graduated before being certified for licensure pursuant to this section.

Section 460.4062, F.S. – Chiropractic medicine faculty certificate:

(e)1. Has been offered and has accepted a full-time faculty appointment to teach in a program of chiropractic medicine at a publicly funded state university or college or at a college of chiropractic located in the state and accredited by the Council on Chiropractic Education; and

2. Provides a certification from the dean of the appointing college acknowledging the appointment.

(2) The certificate shall authorize the holder to practice only in conjunction with his or her faculty position at a publicly funded state university or college and its affiliated clinics that are registered with the board as sites at which holders of chiropractic medicine faculty certificates will be practicing. Except as provided in subsection (4), such certificate shall automatically expire upon termination of the holder’s relationship with the university or college school or after a period of 2 years, whichever occurs first.

Section 460.4165, F.S. – Certified chiropractic physician’s assistants:

(b) Under indirect supervision if the indirect supervision occurs at the Address of record or place of practice required by s. 456.035, other than at a clinic licensed under part X of chapter 400, of the chiropractic physician to whom she or he is assigned as defined by rule of the board;

(6) APPLICATION APPROVAL.—Any person desiring to be licensed as a certified chiropractic physician’s assistant must apply to the department. The application shall include a work-arrangement proposal and, as part of the application process, the board shall interview the proposed supervising chiropractic physician, whose license must not be encumbered or restricted,

and the applicant to determine whether the work-arrangement proposal provides for responsible supervision, as a condition of certification and approval of any subsequent changes in the supervising physician. The department shall issue a certificate to any person certified by the board as having met the following requirements:

(14) SUPERVISION OF CERTIFIED CHIROPRACTIC PHYSICIAN’S ASSISTANTS AT LICENSED CLINICS.—A certified chiropractic physician’s assistant certified under this section to perform services at a clinic licensed under part X of chapter 400 may perform those services only under direct supervision of the chiropractic physician to whom she or he is assigned.

Section 460.4167, F.S. – Proprietorship by persons other than licensed chiropractic physicians:

(1) No person other than a sole proprietorship, group practice, partnership, or corporation that is wholly owned by one or more chiropractic physicians licensed under this chapter or by a chiropractic physician licensed under this chapter and the spouse, parent, child, or sibling of that chiropractic physician may employ a chiropractic physician licensed under this chapter or engage a chiropractic physician licensed under this chapter as an independent contractor to provide services authorized by this chapter to be offered by a chiropractic physician licensed under this chapter, except for:

(a) A sole proprietorship, group practice, partnership, or corporation that is wholly owned by a physician or physicians licensed under this chapter, chapter 458, chapter 459, or chapter 461.

(b) Entities that are owned, directly or indirectly, by an entity licensed or registered by the state under chapter 395.

(c) Clinical facilities affiliated with a college of chiropractic accredited by the Council on chiropractic Education at which training is provided for chiropractic students.

(d) A public or private university or college.

(e) An entity that is exempt from federal taxation under s. 501(c)(3) or (4) of the Internal Revenue Code, any community college or university clinic, and any entity owned or operated by the Federal Government or by state government, including any agency, county, municipality, or other political subdivision thereof.

(f) An entity owned by a corporation the stock of which is publicly traded.

(g) A clinic licensed under part X of chapter 400 that provides health care services by physicians licensed under chapter 458, chapter 459, or chapter 460, the medical director of which is licensed under chapter 458 or chapter 459.

(h) A state-licensed insurer.

(2) No person other than a chiropractic physician licensed under this chapter shall direct, control, or interfere with a chiropractic physician’s clinical judgment regarding the medical necessity of chiropractic treatment. For purposes of this subsection, a chiropractic physician’s clinical judgment does not apply to chiropractic services contractually excluded, the application of alternative services that may be appropriate given the chiropractic physician’s prescribed course of treatment, or determinations comparing contractual provisions and scope of coverage with a chiropractic physician’s prescribed treatment on behalf of a covered person by an insurer, health maintenance organization, or prepaid limited health service organization.

(3) Any lease agreement, rental agreement, or other arrangement between a person other than a licensed chiropractic physician and a chiropractic physician whereby the person other than a licensed chiropractic physician provides the chiropractic physician with chiropractic equipment or chiropractic materials shall contain a provision whereby the chiropractic physician expressly maintains complete care, custody, and control of the equipment or practice.

(4) The purpose of this section is to prevent a person other than a licensed chiropractic physician from influencing or otherwise interfering with the exercise of a chiropractic physician’s independent professional judgment. In addition to the acts specified in subsection (1), a person other than a licensed chiropractic physician and any entity other than a sole proprietorship, group practice, partnership, or corporation that is wholly owned by one or more chiropractic physicians licensed under this chapter or by a chiropractic physician licensed under this chapter and the spouse, parent, child, or sibling of that physician, may not employ a chiropractic physician licensed under this chapter or enter into a contract or arrangement with a chiropractic

physician pursuant to which such unlicensed person or such entity exercises control over the following:

(a) The selection of a course of treatment for a patient, the procedures or materials to be used as part of such course of treatment, and the manner in which such course of treatment is carried out by the licensee;

(b) The patient records of a chiropractor;

(d) Decisions relating to office personnel and hours of practice.

(5) Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.081, s. 775.083, or s. 775.035.

(6) Any contract or arrangement entered into or undertaken in violation of this section shall be void as contrary to public policy. This section applies to contracts entered into or renewed on or after July 1, 2008.

The Board of Chiropractic Medicine will hold a duly noticed meeting on Friday, November 2, 2007, commencing at 8:30 a.m. This meeting will be held at the Crowne Plaza, 7800 Universal Boulevard, Orlando, Florida 32819, (407) 255-0550, to which all persons are invited to attend.

AGENDA

Agenda Items are Subject to Being Taken up at Anytime During the Meeting

I. APPROVAL OF MINUTES:

1. August 23, 2007 – Rules Workshop 00001

2. August 24, 2007 – Full Board Meeting 00007

II. CERTIFY APPLICANTS FOR NOVEMBER 2007 EXAMINATION:

1. Complete List 00028

2. Special Applicants:

a. Eric M. Barbera, D.C. 00031

b. Lynne M. Benelli, D.C. 00051

c. Emilio Bisanti, D.C. 00075

d. Stephen W. Boyles, D.C. 00098

e. Kristy L. Carbonelli, D.C. 00119

f. Joseph J. Coffman, D.C. 00138

g. Judy C. Thompson, D.C. 00156

III. UPDATE – AHCA MEDICAL DIRECTOR INVESTIGATION – Ms. Kirby

IV. CHAIR/VICE-CHAIR REPORT:

1. Committee Assignments 00201

2. Discussion of Billing/Treatment of Family Members

3. Update on Accredited Chiropractic Specialty Recognitions

4. Future Agenda Items

V. EXECUTIVE DIRECTOR’S REPORT:

1. PRN Monthly Report – July 2007 00202

VI. BOARD COUNSEL’S REPORT:

1. Rules Status Report 00220

2. JAPC Correspondence – Rule 64B2-11.001, F.A.C. – Application for

Licensure Examination/Revised Rule Draft 00221

VII. COMMITTEE REPORTS:

1. Budget – Ms. Reynolds

a. Expenditures by Function for the Period Ending June 30, 2007 00223

b. Cash Balance Report for 12 Months Ending June 30, 2007 00224

c. Total Expenditures (Direct and Allocated) by Board for 12 Months Ending June 30, 2007 00227

d. Allocations to Boards by Source Organization and Category for 12 Months Ending June 30, 2007 00231

e. Discussion of Annual Budget Report 00242

2. CCPA – Dr. LaRusso

a. Ratification of Certified Chiropractic Physician’s Assistants 00251

3. Continuing Education – Dr. Vogel

a. Discussion of Practice Management Groups 00252

4. Credentials – Dr. Dougherty

5. Disciplinary Compliance – Dr. Wellikoff

a. Monthly Compliance Reports – July – August 2007 00253

b. Jeffrey Poritz, D.C. – Case Number 05-51274 – Termination of Probation 00256

6. Examination – Dr. Dougherty

a. Ratification of Licensure:

1. John Bundy, D.C. 00280

2. Nicholas Cammarata, D.C. 00281

3. Mark Chen, D.C. 00282

4. Stephanie Fallon, D.C. 00283

5. James Young, D.C. 00284

b. Memorandum – Eunice Filar, Ph.D., Psychometrician, Testing Services – NBCE Part IV Examination 00285

c. Memorandum – Jennifer Wenhold, MSW, Manager, Testing Services – Computer-Based Testing Vendor Change 00304

d. Correspondence from Horace C. Elliott, Executive Vice President – NBCE – National Boards 00305

7. Legislation – Dr. Dougherty

8. Probable Cause – Ms. Kirby/Dr. Wellikoff

a. Stats 00307

9. Rules – Dr. LaRusso

a. Discussion of Rule 64B2-16.0075, F.A.C. – Citations 00315

b. Discussion of Rule 64B2-18-0075, F.A.C. – Direct Supervision of Registered Chiropractic Assistant 00317

c. Discussion of Rule 64B2-18.008, F.A.C. – Delegation of Professional Responsibilities (Hand-out)

10. Unlicensed Activity – Dr. LaRusso

XIII. ELECTION OF OFFICERS

XIV. NEXT MEETING DATE – February 8, 2008

X. ADJOURNMENT

DISCIPLINE AGENDA I

Agenda Items are Subject to Being Taken up at Anytime During the Meeting

I. CALL TO ORDER (Roll Call):

Sal LaRusso, D.C., Chair Ken Dougherty, D.C., Vice-Chair

Gene Jenkins, D.C. Ms. Vicki Kirby

Ms. Linda Reynolds Trudi Vogel, D.C.

Ron Wellikoff, D.C.

WELCOME NEW BOARD MEMBER – Gene Jenkins, D.C.

II. FINAL ORDER ACTIONS:

1. Motion for Final Order by Stipulation (PRN):

a. Neil Brown, D.C. – Case Number 06-27251

PCP: Dougherty/Jenkins 00001

2. Motion for Determination of Waiver and Entry of Final Order Following Hearing (Default):

a. Steven Hasley, D.C. – Case Number 06-30190

PCP: Jenkins/Wellikoff 00071

b. Alex Petro, D.C. – Case Number 06-04095

PCP: Kirby/Wolfson 00143

3. Motion for Final Order Accepting Voluntary Relinquishment of License:

a. James Parsons, D.C. – Case Number 06-24254

PCP: Waived 00245

4. Motion for Final Order by Hearing Not Involving Disputed Issues of Material Fact (Informal Hearing):

a. Jerald Jervis, D.C. – Case Number 03-05195

PCP: Kirby/Wolfson 00376

DISCIPLINE AGENDA II

Agenda Items are Subject to Being Taken up at Anytime During the Meeting

4. Motion for Final Order by Hearing Not Involving Disputed Issues of Material Fact (Informal Hearing):

b. Jerald Jervis, D.C. – Case Number 03-06631

PCP: Dougherty/Glisson 00001

c. Scot Sloan, D.C. – Case Number 06-16892

PCP: Dougherty/Jenkins 00468

5. Motion for Final Order by Stipulations:

a. Craig August, D.C. – Case Number 01-02918

PCP: Kirby/Wolfson 00592

b. Michael Badanek, D.C. – Case Number 04-50097

PCP: Kirby/Wolfson 00668

c. Todd J. Bodanza, D.C. – Case Number 06-42808

PCP: Kirby/Wolfson 00828

DISCIPLINE AGENDA III

Agenda Items are Subject to Being Taken up at Anytime During the Meeting

5. Motion for Final Order by Stipulations:

d. Dexter Dimarco, D.C. – Case Number 07-02774

PCP: Jenkins/Wellikoff 00001

e. Albert Ferrer, D.C. – Case Number 06-03188

PCP: Jenkins/Wellikoff 00050

f. David Gackstetter, D.C. – Case Number 06-04657

PCP: Dougherty/Jenkins 00106

g. Jeffrey Haskel, D.C. – Case Number 06-03187

PCP: Jenkins/Wellikoff 00162

h. Larry Hawkins, D.C. – Case Number 06-42720

PCP: Kirby/Wolfson 00207

i. James E. Hether, D.C. – Case Number 06-41962

PCP: Waived 00255

j. Russell S. Humphries, D.C. – Case Number 06-42929

PCP: Waived 00297

k. Jeffrey S. Leatherman, D.C. – Case Number 06-44073

PCP: Kirby/Wolfson 00350

Michael Lewis, D.C. – Case Number 06-03191

PCP: Jenkins/Wellikoff 00404

m. Mary Murphy, D.C. – Case Number 06-25008

PCP: Jenkins/Wellikoff 00461

n. Joseph A. Musa, D.C. – Case Number 06-41895

PCP: Waived 00522

o. Ralph Parenio, D.C. – Case Number 06-30960

PCP: Kirby/Wolfson 00551

p. Dana Parker, D.C. – Case Number 06-33863

PCP: Jenkins/Wellikoff 00589

q. Tanya Reynolds, D.C. – Case Number 05-69568

PCP: Kirby/Wolfson 00627

r. Michael J. Rodriguez, D.C. – Case Number 06-42683

PCP: Waived 00718

s. Angelo Rubano, D.C. – Case Number 06-41322

PCP: Waived 00768

t. Keith Schwartz, D.C. – Case Number 05-69081

PCP: Dougherty/Jenkins 00871

DISCIPLINE AGENDA IV

Agenda Items are Subject to Being Taken up at Anytime During the Meeting

5. Motion for Final Order by Stipulations:

u. Todd Singer, D.C. – Case Number 06-09193

PCP: Jenkins/Wellikoff 00001

v. Scott R. Smith, D.C. – Case Number 06-44074

PCP: Kirby/Wolfson 00125

w. Paul Sorchy, II, D.C. – Case Number 06-02399

PCP: Jenkins/Wellikoff 00179

x. Sean Stringer, D.C. – Case Number 06-39161

PCP: Jenkins/Wellikoff 00234

y. Peter Vapnek, D.C. – Case Number 07-09104

PCP: Jenkins/Wellikoff (PULLED FROM AGENDA) 00412

z. Gregory A. Walsh, D.C. – Case Number 06-42685

PCP: Waived 00464

aa. Keith Warde, D.C. – Case Number 06-43347

PCP: Kirby/Wolfson 00515

6. Motion for Final Order by Recommended Order:

a. Robert Whitney, D.C. – DOH Case Number 01-12975 – DOAH Case Number 07-1153PL

PCP: Dougherty/Glisson/Sheldon 00585

7. Prosecution Report

Chirophilia

Friday, October 26, 2007

Chirophilia

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