New Mexico Board of Chiropractic Examiners

REGULAR BOARD MEETING

Thursday, March 20, 2014

Albuquerque, NM

MEETING MINUTES-DRAFT

1.  CALL TO ORDER

At 10:14 a.m. the Board Chair Dr. Lyman Atchley, DC, called the New Mexico Board of Chiropractic Examiners March 20, 2014, meeting to order.

2.  ROLL CALL

MEMBERS PRESENT: Lyman Atchley, DC

Cathy Riekeman, DC

Forrest Goforth, DC

Guruchander Khalsa, DC

Kathleen Carter, Public Member

James Easom, Public Member

MEMBERS ABSENT:

OTHERS PRESENT: Abby Lewis, Assistant Attorney General

STAFF PRESENT: Cynthia Salazar, Board Administrator

Vadra Baca, Deputy Director

Tony Webb, Financial Specialist

Amanda Lewis, Acting Compliance Liaison

Roll Call was taken by Cynthia Salazar and a quorum was determined present.

Introduction of new board administrator:

Ms. Cynthia Salazar

Dr. Lyman mentioned that Dr. Riekeman has been appointed to attend the 88th annual of Federation of Chiropractic Licensing Boards in South Myrtle Beach, South Carolina from April 30, 2014 thru May 4, 2014.

3. APPROVAL OF AGENDA

Ms. Kathleen Carter made a MOTION to approve the agenda as written. Dr. Cathy Riekeman, DC SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

4. APPROVAL OF MEETING MINUTES

October 15, 2013 Regular Board Meeting

Dr. Cathy Reikeman, DC made a MOTION to approve the minutes of the October 15, 2013 regular meeting as written. Ms. Kathleen Carter SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

5. REPORTS

A.  Chair’s Report – Dr. Lyman Atchley, DC

Written Report Attached (Attachment A)

B.  Administrator’s Report – Ms. Cynthia Salazar

Ms. Salazar introduced herself to the board and gave a brief report regarding her background within the Regulation & Licensing Dept., and to insure the board will be ran as adequately as possible.

C.  Acting Compliance Liaison Report – Ms. Amanda Lewis

Ms. Lewis provided a brief report to indicate that she is temporarily the acting compliance liaison and at the next meeting the board will have a permanent compliance liaison. Ms. Lewis also provided a brief description about the complaints that will be discussed in executive session.

D.  Ad Hoc Committees

No reports given

6. OLD BUSINESS

A.  Confirm Future Meeting Dates and Locations

Chiropractic Special Board Meeting – April 17, 2014 – Albuquerque

Chiropractic Regular Board Meeting – July 17, 2014 – Albuquerque.

B.  Discussion Regarding House Bill (HB)180

Ms. Kathleen Carter made a MOTION to have the rules committee meet and clean up rules and to adopt the Military HB 180 rule at the next regular board meeting. Dr. Guruchander Khalsa SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

C.  Discussion and Possible Action Regarding 2011 Formulary

Ms. Kathleen Carter made a MOTION for Dr. Atchley to form a committee to discuss for the 2011 formulary. Mr. James Easom SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

7. NEW BUSINESS

A.  Open Meetings Resolution 2014-2015

Ms. Kathleen Carter made MOTION to accept the Open Meeting Resolution as written. Mr. James Easom SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

B.  Ratification and Approval of Chiropractic Licensure:

Dr. Atchley reported to the board from October 1, 2013 thru March 6, 2014 the following licenses were issued: 10 Chiropractor’s

Dr. Guruchander Khalsa, DC made a MOTION to enter the Boards report into record. Ms. Kathleen Carter SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

C.  Discussion Regarding Impairment Fees

Ms. Kathleen Carter made a MOTION to table the discussion of the impairment fees until the April 17, 2014 Board Meeting. Dr. Cathy Riekeman, DC SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

D.  Discussion Regarding Late Fees

Ms. Kathleen Carter made a MOTION to approve the policy statement regarding late fees provided by the board Dr. Wayne Goforth, DC SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

E.  Application Committee(s):

1.  Appoint Application Committee Members:

Dr. Forrest Goforth and Dr. Guruchander Khalsa were appointed to the Application Committee

2.  Appoint Complaint Committee Members:

Dr. Lyman Atchley and Ms. Kathleen Carter were appointed to the Complaint Committee

F.  Discussion and Approval Regarding Telemarketing – Ms. Sheila Burrell

Ms. Kathleen Carter made a MOTION to table the discussion of the telemarketing until the July 17, 2014 Board Meeting. Dr. Cathy Riekeman, DC SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

G.  Public Comment

Dr. Atchley recommended that Dr. Michael Pridham contact the National Chiropractors Association to receive information regarding Opioids addiction.

8. EXECUTIVE SESSION

Chair: I will hear a motion for closure of the meeting to enter into Executive Session.

Dr. Cathy Riekeman, DC made a MOTION to move that the New Mexico Board Chiropractic Examiners close this meeting in order to enter into Executive Session to discuss the items listed in the agenda. Pursuant to Sections 10-15-1.H 1, 3 &7 of the Open Meetings Act authorizing closed sessions for matters related to issuance, suspension, renewal, revocation of a license. Dr. Forrest Goforth, DC SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Chair: Would the Board Administrator take a roll call vote to enter into Executive Session?

Roll Call Vote:

Lyman Atchley, DC Aye

Cathy Riekeman, DC Aye

Forrest Goforth, DC Aye

Guruchander Khalsa, DC Aye

Kathleen Carter, Public Member Aye

James Easom, Public Member Aye

Chair: The motion is approved by a unanimous approval. Let the record show that at 11:52 a.m. the Board entered into closed session and the recorder has been turned off.

Back in Open Session

Let the record show that the recorder is back on. The New Mexico Board of Chiropractic Examiners is back in open session. The time is 12:23 p.m. Pursuant to 10-15-1 H 1, 3 & 7 of the Open Meetings Act the matters discussed in the closed meeting were limited only to the items listed in the motion.

9. BOARD ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION

Let the record show that the Complaint Committee Members Dr. Lyman Atchley, DC and Ms. Kathleen Carter abstained from voting on committee recommended cases.

(Items listed on Agenda)

COMPLAINTS:

C-COM 13-06-01

Dr. Kathleen Riekeman, DC made a MOTION to table and refer to the Assistant Attorney General’s office. Dr. Guruchander Khalsa, DC SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

C-Com 13-07-01

Dr. Kathleen Riekeman, DC made a MOTION to table and to refer to the Assistant Attorney General’s office. Dr. Guruchander Khalsa, DC SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

C-COM 13-08-01

Dr. Kathleen Riekeman, DC made a MOTION to take no action. Dr. Forrest Goforth, DC SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

C-COM 13-09-01

Dr. Kathleen Riekeman, DC made a MOTION to take no action. Dr. Forrest Goforth, DC SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

C-COM 13-09-02

Dr. Kathleen Riekeman, DC made a MOTION to take no action. Dr. Forrest Goforth, DC SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

C-COM 14-01-27

Dr. Kathleen Riekeman, DC made a MOTION to take no action and an advisory letter will be sent to the respondent. Dr. Forrest Goforth, DC SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

10. ADJOURNMENT

There being no other business to come before the Chiropractic Board, Dr. Lyman Atchley made a MOTION to adjourn the meeting at 12:29 p.m. Dr. Guruchander Khalsa, DC SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

Submitted by: ______

Cynthia Salazar, Board Administrator Date

Approved by: ______

Dr. Lyman Atchley, DC Date

New Mexico Regulation and Licensing Department

BOARDS AND COMMISSION DIVISION

Page 5 of 5 Revision date: 03/2014