A meeting of the New Jersey Board of Chiropractic Examiners was held April 24, 2008 at the State Office Building, 124 Halsey Street, 6th floor, Newark New Jersey. The meeting was convened in accordance with the provision of the Open Public Meetings Act with previous notification having been sent to the Secretary of State and the following publications: The Bergen Record, Newark Star Ledger, Camden Courier Post, Trenton Times and Asbury Park Press to advise of the scheduling of this meeting. The meeting was called to order by Albert Stabile Jr., D.C., President of the Board, at 9:45 AM.

ATTENDANCE

PRESENT: Drs.’ Stabile Jr., Calio, Rada, O’Connor, Krouse, Spadafino, Senatore, Kostinas, Murphy and Mr. Traier

EXCUSED: none

ALSO PRESENT: DAG John Hugelmeyer, Executive Director Jonathan Eisenmenger, & Recording Secretary Sonya Liverpool

I. APPROVAL OF THE PUBLIC SESSION MINUTES OF MARCH 27, 2008

A MOTION WAS MADE BY DR. O’CONNOR, WHICH WAS SECONDED BY DR. RADA, TO APPROVE THE PUBLIC SESSION MINUTES OF THE MARCH 27, 2008 MEETING AS AMENDED. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

II. EXECUTIVE DIRECTOR’S REPORT

There was no report given at this time.

III. OLD BUSINESS

A. ELECTIONS FOR BOARD OFFICERS

(Drs. Stabile & Calio relinquished their seats due to their nominations for office) (Executive Director, Jonathan Eisenmenger led the elections)

A MOTION WAS MADE BY DR. SPADAFINO, WHICH WAS SECONDED BY DR. KOSTINAS TO CLOSE NOMINATIONS. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

Several members of the Board discussed the election and nominations.

Dr. Rada called the question & a vote was taken for Board President in which neither nominee received a majority of the votes.

A MOTION WAS MADE BY MR. TRAIER, WHICH WAS SECONDED BY DR. SENATORE, TO TAKE A 15 MINUTE RECESS AT 10:09 A.M.. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

A MOTION WAS MADE BY MR. TRAIER, WHICH WAS SECONDED BY DR. KOSTINAS, TO GO BACK INTO SESSION AT 10:24 A.M.. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

Members of the Board discussed their concerns with Board elections as well.

Dr. Rada called the question & the election resumed for Board President.

Dr. Stabile was re-elected President for the 2008-2009 year with 6 votes in favor & 4 votes against (Drs’. Calio, Murphy, Krouse & Spadafino).

The election of other Board officers continued for the 2008-2009 year. The nominees are as follows:

Vice President - Michael Krouse, D.C.
Secretary - James Kostinas, D.C.
Treasurer - John Traier

A MOTION WAS MADE BY DR. O’CONNOR, WHICH WAS SECONDED BY DR. SENATORE, TO CAST ONE BALLOT TO ELECT THE REST OF THE OFFICERS AS ONE SLATE, AS NOMINATED. A MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

B. FEDERATION OF CHIROPRACTIC LICENSING BOARDS

The Board reviewed documents that were submitted regarding a Slate of nominees, proposed amendments to the bylaws & proposed resolutions for district director candidates. Dr. O’Connor made statements about the upcoming conference in Atlanta next week. These items were received as informational.

IV. INQUIRIES

A. BILL PUGLISI, D.C.

Dr. Puglisi previously made an inquiry about the privacy laws of patients regarding the fact that accident reports are given to facilities to render Chiropractic services. Dr. Puglisi has resubmitted his inquiry along with supporting documents for the Board’s review.

A MOTION WAS MADE BY DR. O’CONNOR, WHICH WAS SECONDED BY DR. RADA, TO SEND DR. RON HAYEK A LETTER OF ADVICE TO PUT A PRICE VALUE ON FREE SERVICES THAT ARE BEING OFFERED, TO FOLLOW-UP WITH BROADWAY PAIN MANAGEMENT TO FIND OUT WHO ARE THE DOCTORS ON SITE AND ARE THEY CHIROPRACTORS, TO SEND DR. PUGLISI A THANK YOU LETTER AND THAT THE BOARD FOUND NO VIOLATION OF HIPAA. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

V. DISCIPLINARY MATTERS

A. CHARLES NISIVOCCIA, D.C.

The Board reviewed an assessment letter dated April 11, 2008 regarding Dr. Nisivoccia’s progress while attending the ProBE program from the Center for Personalized Education for Physicians.

This was accepted as informational.

B. SCOTT WHITE, D.C.

The Board reviewed the first quarterly status report regarding Dr.White dated March 31, 2008, submitted by the Professional Assistance Program of NJ.

This was accepted as informational.

C. PETER STEINMENTZ, D.C.

The Board reviewed Dr. Steinmentz’s status report dated March 31, 2008, submitted by the Professional Assistance Program of NJ.

This was accepted as informational.

D. DAVID RENDELSTEIN, D.C. & JONATHAN SPAGES, D.C.

The Board reviewed the Offer of Settlement filed by the NJ Chiropractic Board on March 31, 2008.

This was accepted as informational.

E. STUART WARNER, D.C. & THERESA WARNER, D.C.
(Dr. Rada recused)

The Board reviewed the Uniform Penalty Letters that were filed by the NJ Chiropractic Board on April 15, 2008.

This was accepted as informational.

VI. APPLICATIONS FOR LICENSURE

A. BRIAN MATSON, D.C. (REINSTATEMENT)

A MOTION WAS MADE BY DR. O’CONNOR, WHICH WAS SECONDED BY DR. RADA, TO APPROVE DR. MATSON’S APPLICATION FOR REINSTATEMENT. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

B. MICHAEL MCGURN, D.C. ( REINSTATEMENT )

A MOTION WAS MADE BY DR. O’CONNOR, WHICH WAS SECONDED BY DR. RADA, TO REQUEST DR. MCGURN’S CURRICULUM VITAE, FIVE YEARS OF WORK HISTORY & A NOTARIZED STATEMENT FROM HIS SUPERVISOR. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

C. ALI SALARI, D.C. (INITIAL)

A MOTION WAS MADE BY DR. RADA, WHICH WAS SECONDED BY DR. KOSTINAS, TO APPROVE DR. SALARI’S APPLICATION FOR LICENSURE. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

VII. HAND-OUTS

A. MAYWOOD CHIROPRACTIC
BRYAN BAJAKIAN, D.C.

An excerpt of a newspaper was anonymously submitted to the Board. The newspaper article told of Dr. Bajakian’s indictment on possession of child pornography and weapons charges.

This was accepted as informational.

B. NBCE

This was accepted as informational.

ADJOURNMENT

A MOTION WAS MADE BY DR. O’CONNOR, WHICH WAS SECONDED BY DR. RADA, TO GO INTO EXECUTIVE SESSION TO CONSIDER PENDING CONSUMER COMPLAINTS, INSURANCE REFERRALS, ENFORCEMENT BUREAU REPORTS & MISCELLANEOUS MATTERS. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

Respectfully Submitted,

Jonathan Eisenmenger
Executive Director

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