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«Time: 9:00 a.m. C.S.T. Location: 665 Main Stream Drive HRB Conference Center 1st Floor, Iris Room Nashville, TN 37243 Members Present: Ed Bolden, LMT ...»

-- [ Page 1 ] --

MINUTES

TENNESSEE MASSAGE LICENSURE BOARD

February 10 & 11, 2014

Time: 9:00 a.m. C.S.T.

Location: 665 Main Stream Drive

HRB Conference Center

1st Floor, Iris Room

Nashville, TN 37243

Members Present: Ed Bolden, LMT Chairperson

Cynthia Jaggers, LMT, Secretary

Marvis Burke, LMT

Bethann Easterly, LMT

Julie J. Wray, LMT Christi Cross, Citizen Member Michael Velker, Citizen Member Staff Present: Kimberly Hodge, Board Manager Dale Hill, Board Administrator Lisa Lampley, Board Director Marc Guilford, Assistant General Counsel The meeting was called to order at 9:20 a.m. by Mr. Ed Bolden, Board Chairperson.

Minutes Ms. Cross made a motion to approve the November 4 & 5, 2013 minutes as written. Ms. Jagger seconded the motion. The motion carried.

Applicant Interviews Nicholas Bergstrom, LMT Mr. Bergstrom appeared before the Board at the November 4, 2013 meeting to explain a 2009 possession of marijuana and a 2011 merchant theft. Based on information in Mr. Bergstrom’s file, he was requested to contact Lighthouse Professional Services for an assessment. Ms. Smithson appeared at the November meeting and stated that the assessment indicated no signs or symptoms of chemical dependency or other disorder. Ms. Cross made a motion to defer the application to the February 10, 2014 meeting, and refer Mr. Bergstrom back to Lighthouse for further assessment.

Ms. Burke seconded the motion and the motion carried. Mr. Bergstrom along with Ms. Smithson appeared before the Board at the February meeting. Ms. Smithson advocated for Mr. Bergstrom to receive his Tennessee Massage license. After a brief discussion, Mr. Velker made a motion, 1|Page seconded by Ms. Cross to grant the license. The motion carried.

Jie Kirkendall Ms. Kirkendall appeared before the Board to explain inconsistencies in her licensure application.

Based upon the application she submitted, it appeared that Ms. Kirdendall had been practicing and receiving compensation as an unlicensed massage therapist since September 2012. Ms.

Kirkendall’s first language is Mandarin. Therefore, the Tennessee Massage Board administrative office provided an interpreter from Avaza Language Service Corp for the interview. The interpreter, Ms. Annie Chan ID # 3715, translated the Board’s questions and concerns regarding the inconsistencies in Ms. Kirkendall’s licensure application that she submitted for a Massage Therapist in TN. Ms. Kirkendall explained to the Board that she speaks and understands very little English and therefore had a difficult time completing the application with her husband and a friend.

The Board voiced their concerns on how Ms. Kirkendall was able to pass the MBLEx exam without an interpreter since she can only speak and read a little English. Upon discussion, Ms.

Cross made a motion to deny the application on the grounds of violation of Tenn. Code Ann. 63is guilty of fraud in the practice of massage or fraud or deceit in the licensee’s admission to the practice of massage. Ms. Cross based her motion on the fact she felt Ms.

Kirkendall had been working as an unlicensed massage therapist and the inconsistencies in her application. The motion was seconded by Ms. Easterly. The motion carried with Ms. Wray and Mr.

Velker opposed.

Li Feng

Ms. Feng appeared before the Board to explain discrepancies in her Massage Therapist application packet. Ms. Feng wrote on her application under employment history that she was involved in a massage internship from April 2013 to June 2013. Ms. Feng’s first language is Mandarin.

Therefore, the Tennessee Massage Board administrative office provided an interpreter from Avaza Language Service Corp for the interview. The interpreter, Ms. Annie Chan ID # 3715, translated the Board’s questions and concerns regarding the discrepancies in Ms. Feng’s licensure application that she submitted for a Massage Therapist in TN. Ms. Feng explained to the Board that she speaks and understands very little English and therefore had a difficult time completing the application.

After a discussion, Ms. Cross made a motion to deny the application on the grounds of violation of Tenn. Code Ann. 63-18-108 (1) ), is guilty of fraud in the practice of massage or fraud or deceit in the licensee’s admission to the practice of massage. Ms. Cross based her motion on the fact she felt Ms. Feng had been working as an unlicensed massage therapist and that Ms. Feng admitted that her work history information on her application was invalid. The motion was seconded by Ms.

Wray. The motion carried with Mr. Velker abstaining.

HongFang Li

Ms. Li was asked to appear before the Board to explain discrepancies and concerns regarding her letters of recommendation. Based upon the letters of recommendation in her application, it appeared that Ms. Li had been practicing and receiving compensation as an unlicensed massage therapist. Ms. Li was not present at the meeting, and didn’t send a written statement requesting that her application be deferred or withdrawn. After discussion, a motion was made by Ms. Cross to 2|Page deny the license on the grounds of violation of Tenn. Code Ann. 63-18-108 (1), is guilty of fraud in the practice of massage or fraud or deceit in the licensee’s admission to the practice of massage and Tenn. Code Ann. 63-18-108(7), has violated any of the provisions of this chapter or any substantive rule promulgated under the authority of this chapter. Ms. Cross explained that TN.





Code Ann. 63-18-108(7) coincided with TN. Code Ann. 63-18-104(a), which states that “persons or massage establishments engaged in massage for compensation shall be licensed by the massage licensure board. Ms. Cross based her motion on the fact she felt Ms. Li had been working as an unlicensed massage therapist and the inconsistencies in her application. The motion to deny was seconded by Ms. Burke. The motion carried.

Travis Cupp, LMT

Mr. Cupp appeared before the Board to explain a 2012 conviction for reckless endangerment.

Based on information in Mr. Cupp’s file, he was requested to contact Lighthouse Professional Services for an assessment. Ms. Smithson appeared at that meeting and stated that the assessment indicated no signs or symptoms of chemical dependency or other disorder. After a brief discussion, Ms. Cross made a motion, seconded by Ms. Burke to grant the license. The motion carried.

Alan C. Lensgraf, D.C., Massage Establishment

Dr. Lensgraf appeared before the Board to explain why he answered “no” on his establishment application for Alan C. Lensgraf, D.C. to the question regarding any convictions other than a minor traffic offense. Dr. Lensgraf had a 1978 conviction for DWI, no driver’s license, and a violation of the registration law. A motion was made by Mr. Velker to grant the license. The motion was seconded by Ms. Easterly. The motion carried.

Carrie L. Crane, LMT Massage Establishment

Ms. Crane appeared before the board to explain a 2009 Chiropractic Therapy Assistant Agreed Citation for a continuing education violation. After a brief explanation, a motion was made by Ms.

Cross to grant the license. The motion was seconded by Ms. Jagger. The motion carried.

Amy Givens, LMT Massage Establishment

Ms. Givens appeared before the Board to explain inconsistencies in her reactivation application for her establishment, a 2012 conditional license upon re-instating her massage therapist license for practicing on an expired license, and operating an establishment on a lapsed license. Ms. Givens establishment license expired on November 7, 2008, but she continued to operate her establishment on a lapsed license until 2011. After a brief discussion, Mr. Velker made a motion to grant Ms.

Givens a conditional establishment license in the State of Tennessee. Uupon paying a five hundred dollar ($500.00) civil penalty for working on a lapsed license, Ms. Givens’ establishment license would be issued. The motion was seconded by Ms. Wray. The motion carried.

Shannon Clark, LMT Massage Establishment Ms. Clark appeared before the Board to explain her 2005 conviction for bankruptcy and a 2010 3|Page Board ordered conditional license for forging a signature on a letter of recommendation. As part of the terms of the conditional license, Ms. Clark’s therapist license was placed on probation until she underwent an assessment with Lighthouse Professional Services, completed any and all Lighthouse requirements, and appeared before the Board at the March 5, 2013 meeting. Upon Ms. Clark completing all requirements her probation was lifted and she was granted a full unencumbered massage therapist license at the March 5, 2013 meeting. Ms. Jagger made a motion to grant Ms.

Clark an establishment license. The motion was seconded by Ms. Wary. The motion carried with Ms. Cross opposed.

Kelly Derscheid, LMT Massage Establishment

Ms. Derscheid was asked to appear before the Board to explain concerns regarding her letters of recommendation. Based upon the letters of recommendation in her establishment application, it appeared that Ms. Derscheid had been operating and working in an unlicensed establishment since early 2013. After a discussion, Ms. Cross made a motion to grant Ms. Derscheid a conditional establishment license in the State of Tennessee. Upon paying a five hundred dollar ($500.00) civil penalty for owning and operating an unlicensed establishment, Ms. Derscheid’s establishment license would be issued. The motion was seconded by Ms. Jaggers. The motion carried with Mr.

Velker abstaining.

Financial Report

At the November 4, 2013 the Board requested from Ms. Lisa Tittle a detailed breakdown of revenue and fees to be presented at the February 10, 2014 meeting to aid the board with their discussion of possible fee decreases. At the November 4, 2014 meeting Ms. Lisa Tittle presented the financial report reflecting actual revenue and expenditures for fiscal year ending June 30,

2013. The report reflected a current year net of $371,273.12 for FY2013 and an $802,848.63 cumulative carryover as of June 30, 2013. Ms. Tittle proposed to the Board a reduction in massage therapist renewal fees to one hundred twenty-five dollars ($125.00) and a reduction in massage establishment renewal fees to seventy-five dollars ($75.00). No final action was taken.

Administrator/Directors Report As of December 31, 2013 there were 4358 licensed massage therapists and 1597 licensed massage establishments.

Following is the license status since the last meeting:

–  –  –

Continuing Education Audit Report Ms. Hodge presented the continuing education audit report to the Board for review for the audit periods from January 2008 through June 2013. During the audit period of January 2013 through June 2013 a total of 809 therapists were audited - 638, or 79%, of licensees were compliant and 171, or 21%, were non-compliant.

Ratify Agreed Citation for Lapsed License Richard & Cheri Ridley, Owner, Appalachian Training Center for Healing Arts Mr. Ridley agreed to pay a civil penalty in the amount of $300.00 for operating a massage establishment on a lapsed license. Ms. Cross made a motion, seconded by Ms. Jaggers, to ratify the Agreed Citation. The motion carried.

Ratify Agreed Citations for Continuing Education Violations Upon review by the Board, a motion was made by Ms. Cross, seconded by Ms. Jaggers, to approve

the following Agreed Citations:

Shannon Denise Bland, LMT Ms. Bland agreed to pay civil penalties in the amount of $775.00 for failing to obtain twenty-five (25) hours of continuing education during the 2011/2012 continuing education cycle.

Aislinn Alyse Brown, LMT Ms. Brown agreed to pay civil penalties in the amount of $775.00 for failing to obtain twenty-five (25) hours of continuing education during the 2011/2012 continuing education cycle.

Patricia Rooks Byrom, LMT Ms. Byrom agreed to pay civil penalties in the amount of $175.00 for failing to obtain one (1) hour 5|Page of continuing education during the 2011/2012 continuing education cycle.

Dolores Champagne, LMT Ms. Champagne agreed to pay civil penalties in the amount of $625.00 for failing to obtain nineteen (19) hours of continuing education during the 2011/2012 continuing education cycle.

Yvonna Carol Covington-Dearen, LMT Ms. Covington-Dearen agreed to pay civil penalties in the amount of $625.00 for failing to obtain nineteen (19) hours of continuing education during the 2011/2012 continuing education cycle.

Amanda Denise Dickens, LMT Ms. Dickens agreed to pay civil penalties in the amount of $225.00 for failing to obtain three (3) hours of continuing education during the 2011/2012 continuing education cycle.

Janis Sue Emery, LMT Ms. Emery agreed to pay civil penalties in the amount of $225.00 for failing to obtain three (3) hours of continuing education during the 2011/2012 continuing education cycle.

Tracy Hilliard Freeman, LMT Ms. Freeman agreed to pay civil penalties in the amount of $575.00 for failing to obtain seventeen (17) hours of continuing education during the 2011/2012 continuing education cycle.

Charnold L. Hale, LMT Mr. Hale agreed to pay civil penalties in the amount of $625.00 for failing to obtain nineteen (19) hours of continuing education during the 2011/2012 continuing education cycle.

Paula Hawley, LMT Ms. Hawley agreed to pay civil penalties in the amount of $175.00 for failing to obtain one (1) hour of continuing education during the 2011/2012 continuing education cycle.

Tabatha Ann Jeter, LMT Ms. Jeter agreed to pay civil penalties in the amount of $250.00 for failing to obtain four (4) hours of continuing education during the 2011/2012 continuing education cycle Amy Elizabeth Johnson, LMT Ms. Johnson agreed to pay civil penalties in the amount of $375.00 for failing to obtain nine (9) hours of continuing education during the 2011/2012 continuing education cycle.



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