In many states, licensing board members have acquired the habit of
presenting their opinions as though they were board rulings. In these
situations, it's impossible to differentiate between a board member's
personal viewpoint and an 'official' position of the board.
This has been particularly true in Idaho in recent years. Some members
of the Idaho Board of Chiropractic Physicians have a history of
proclaiming personal opinions, all the while implying that they are the
official opinions of the board. However, the minutes of the board meetings
show that the topic in question was never even discussed.
Unfortunately, there is no oversight control of such activities since
the attorney general's office, which is supposed to serve as the people's
legal counsel, is also the board's legal counsel. The adage about serving
two masters comes to mind.
To make matters worse, the Governor, who appoints individuals to
numerous state boards, does not have the time to oversee them or ensure
they follow the administrative rules of civil conduct.
An example of this type of situation occurred on May 10, 2001, when
Board member Henry West, D.C., of Pocatello, Idaho, made a presentation on
documentation standards to a group of approximately 100 chiropractors.
The notes provided during the seminar indicated that Dr. West made the
presentation as a representative of the Board of Examiners and his
information was based on the National Committee for Quality Assurance (NCQA)
guidelines.
However, board minutes (which are public record) indicate that West was
not authorized to speak on behalf of the Board. The reference to
NCQA was also misleading since that group has nothing to do with the
documentation standards. It is a private, not-for-profit organization
dedicated to assessing and reporting on the quality of managed care plans.
NCQA's mission is to provide information that enables purchasers and
consumers of managed health care to distinguish among plans based on
quality, thereby allowing them to make more informed health care
purchasing decisions. Nowhere on its web site is there a single reference
as to documentation standards.
Although West was advised by no less than three individuals that his
reference was inaccurate, he refused to issue a formal retraction or
apology. He stated that confidential sources at a college provided him
with the information. As West has served on the Board of Examiners at
least 15 of the past 20 years, his actions put into question his own
honesty and the reputation of the Board he represents.
Even after a formal complaint was filed against West, no disciplinary
action was taken by the Board of Examiners. Could it be that the Board,
charged with maintaining the integrity of the chiropractic profession,
allows its own members to get away with deceitful actions that, if done by
a field doctor, would result in the board's censure?
Historically, complaints filed against members of the Board of
Examiners which should have resulted in disciplinary action have been set
aside – even when the offenses were of a nature that could have
negatively impacted the public health and safety.
West and other members of the Idaho Board of Chiropractic Examiners
have been involved in various activities over a period of years which many
doctors feel were unprofessional and punishable by censure, sanctions,
suspension or other penalties. Yet, their actions and the complaints
against them have been ignored.
Because they are charged with conducting the business of the people of
the State of Idaho, West and members of all Boards should be held to a
higher level of ethics and integrity than members of the general
community.
All board members should be required to operate within their own
administrative rules. That means clearly differentiating between official
opinions issued after a subject is discussed by the board (as reflected by
the minutes) and a 'stray' personal opinion.
Further, in all states, we need to ask our legislative leaders and
governors to develop an oversight mechanism to control these abuses. Dr.
Henry West should be ineligible to serve on behalf of the people of the
State of Idaho, and subject to the same disciplinary action as other
members of the profession. Political connections do not waive the
responsibility for maintaining a reasonable degree of integrity and
ethics.
(Harold W. Roberts, D.C. is a chiropractic consultant with more than 21
years experience in Idaho and a member of the World Chiropractic Alliance
International Board of Governors.)