Meeting Minutes - Nebraska Health and Human Services

1. ROLL CALL
MEETING MINUTES
BOARD OF MASSAGE THERAPY
June 8, 2012
The meeting was called to order by Gail Lorenzen, Vice-Chairperson, at 8:35 a.m. in the First Floor
Conference Room Z, Nebraska State Office Building, Lincoln, Nebraska. Copies of the agenda were
mailed to the Board members and other interested parties in accordance with the Open Meeting Law.
The following members answered the roll call:
Board Members Present: Keli Hupka, Chairperson (Entered at 8:38 a.m.)
Kim Adams Johnson, Secretary
Gail Lorenzen, Vice-Chairperson
Adele Schmidt, Member
Board Members Absent:
None
Others Present: Applicant
Duane Newland, Investigator
Dennis Scott, Investigator
Larry Wiehn, Investigator
Janet Coleman, Board of Health Member
Susan Ugai, Assistant Attorney General
Teresa Hampton, Department Legal Counsel (Entered at 10:31 a.m.)
Kris Chiles, Office Administrator, Licensure Unit
Carol Ann Gray, Health Licensing Coordinator, Licensure Unit (Entered at
10:20 a.m.)
A quorum was present and the meeting convened.
2. ADOPTON OF AGENDA
MOTION: Adams Johnson moved, seconded by Schmidt to approve the agenda. A roll call vote was
taken. Voting aye: Adams Johnson, Lorenzen, Schmidt (3). Voting nay: None (0). Absent: Hupka (1).
Motion carried.
3. APPROVAL OF MINUTES – March 30, 2012
Deferred to later in the meeting.
4. INVESTIGATIVE REPORTS & OTHER CONFIDENTIAL INFORMATION - Closed Session
8:38 a.m. – Hupka entered the meeting.
MOTION: Schmidt moved seconded by Adams Johnson to enter into closed session at 8:38 a.m. to hear
discussions of investigative/confidential nature, and for the prevention of needless injury to the reputation
of the individuals. A roll call vote was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt
(4). Voting nay: None (0). Motion carried.
Vice-Chairperson Lorenzen turned the meeting over to Chairperson Hupka.
8:47 a.m. – Applicant departed the meeting.
8:52 a.m. – Scott departed the meeting.
8:53 a.m. – Adams-Johnson departed the meeting – due to conflict of interest.
8:59 a.m. – Adams-Johnson returned to the meeting.
8:59 a.m. – Schmidt departed the meeting – due to conflict of interest.
These minutes were
approved by the Board
on 8/3/2012

Minutes of June 8, 2012 – Continued
Board of Massage Therapy __________2
9:24 a.m. – Schmidt returned the meeting.
9:24 a.m. – Newland and Wiehn departed the meeting.
MOTION: Adams Johnson moved, seconded by Lorenzen to return to Open Session at 10:20 a.m. A
voice vote was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: None
(0). Motion carried.
10:20 a.m. – Meeting break.
– Carol Ann Gray, Health Licensing Coordinator, entered the meeting,
– Chiles departed the meeting.
10:30 a.m. – Meeting resumed in Open Session
5. REVIEW AND RECOMMENDATIONS – Open Session
Applications, Reinstatements, CE Programs, Out-of State Training Programs
The following applications were reviewed during the meeting:
a. Initial Applications
Dine, Stephanie – conviction review
Recommendation: The board recommended deferring further review of the application until additional
information is received.
MOTION: Adams Johnson moved, seconded by Lorenzen, to affirm the recommendation. A roll call
vote was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: None (0).
Motion carried.
Spies, April – conviction review
Recommendation: The board recommended issuance of a 6-month probationary license; in addition to
the standard terms and conditions, include:
Completion of Board developed jurisprudence examination
MOTION: Schmidt moved, seconded by Adams Johnson, to affirm the recommendation. A roll call
vote was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: none (0).
Motion carried.
Williams, Anissa – conviction review
Recommendation: The board recommended issuance of an 18-month probationary license; in addition
to the standard terms and conditions, include:
Quarterly employer reports
Random body fluid screens
Follow Evaluators’ recommendations
MOTION: Adams Johnson moved, seconded by Lorenzen, to affirm the recommendation. A roll call
vote was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: none (0).
Motion carried.
Liston, Wendy – conviction review
Recommendation: The board recommended deferring further review of the application until additional
information is received.
MOTION: Schmidt moved, seconded by Adams Johnson, to affirm the recommendation. A roll call vote
was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: None (0). Motion
carried.
Kennedy, Tia – conviction review
Recommendation: The board recommended issuance of a 1-year probationary license; in addition to
the standard terms and conditions, include:
Completion of Board developed jurisprudence examination
Quarterly employer reports
MOTION: Lorenzen moved, seconded by Hupka, to affirm the recommendation. A roll call
vote was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: none (0).
Motion carried.

Minutes of June 8, 2012 – Continued
Board of Massage Therapy __________3
Buccheit, Dana – conviction review
Recommendation: The board recommended issuance of the license with no terms/conditions.
MOTION: Adams Johnson moved, seconded by Schmidt, to affirm the recommendation. A roll call vote
was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: (0). Motion
carried.
Domingus, LIsa - conviction review
Recommendation: The board recommended issuance of the license with no terms/conditions.
MOTION: Adams Johnson moved, seconded by Hupka, to affirm the recommendation. A roll call vote
was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: (0). Motion
carried.
Marker, Kelsey - conviction review
Recommendation: The board recommended issuance of the license with no terms/conditions.
MOTION: Lorenzen moved, seconded by Adams Johnson, to affirm the recommendation. A roll call
vote was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: (0). Motion
carried.
Cook, Danette - conviction review
Recommendation: The board recommended issuance of the license with no terms/conditions.
MOTION: Adams Johnson moved, seconded by Lorenzen, to affirm the recommendation. A roll call
vote was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: (0). Motion
carried.
Sacred Body Massage, Tammy Brackett, Owner: operate establishment without license 75 days
Recommendation: The board recommended issuance of a 1-year probationary license; in addition to
the standard terms and conditions, include:
Owner complete Board developed jurisprudence examination
Pay Administrative Penalty Fee of $750
MOTION: Adams Johnson moved, seconded by Lorenzen, to affirm the recommendation. A roll call
vote was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: none (0).
Motion carried.
Fan, Dehua - conviction review
Recommendation: The board recommended deferring further review of the application until additional
information is received.
MOTION: Schmidt moved, seconded by Adams Johnson, to affirm the recommendation. A roll call vote
was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: (0). Motion
carried.
10:31 a.m. – Teresa Hampton, Department Legal Counsel, entered the meeting. Roger Brink unable to
attend.
b. Reinstatement Applications
None to review
c. Out of State Training Programs
None to review.
3. APPROVAL OF MINUTES – March 30, 2012 (Deferred from earlier in the meeting)
MOTION: Schmidt moved, seconded by Adams Johnson, to approve the minutes of the March 30, 2012
meeting. A voice vote was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting
nay: (0). Motion carried.

Minutes of June 8, 2012 – Continued
Board of Massage Therapy __________4
6. UNFINISHED BUSINESS
a. Discussion Relating to Providing Massage Therapy Services Outside of the Establishment
(what is definition of “location of the client”)
Lengthy discussion was held regarding the various scenarios in which massage services may be
provided in locations outside of a licensed establishment. Some of the locations and topics of concern
included, but were not limited to:
Health Fairs
Marathons
Group meeting in someone’s home to receive massages
Farmer’s Markets
Education of the public that occurs in a public location
Sanitation/safety conditions in a licensed establishment
Students gaining experience vs licensees practicing in a public location
Further discussion was deferred to the August 3, 2012 meeting to allow members to research other state
requirements/regulations.
11:07 a.m. – Ugai departed the meeting.
7. NEW BUSINESS
a. Correspondence Omaha World Herald?
b. Other
Concern was expressed regarding Massage Board member terms expiring at the same time. Board of
Health Member Coleman indicated she will communicate the concern to the Board of Health.
Hampton indicated the board member terms are set by the Legislature.
8. Updates and Reports
a. 2012 Legislation
No report.
b. Animal Therapists
Nothing further reported regarding the Licensed Animal Therapist (LAT) regulations proposed by the
Board of Veterinary Medicine. Hampton indicated the delay in scheduling a public hearing is due to
department policy regarding how often a profession may request regulation changes. There is also a
backlog since all of the professions needed to make necessary regulation changes as a result of passage
of the Uniform Credentialing Act.
c. Nebraska Chapter of AMTA
No report.
d. Federation of State Massage Therapy Boards (FSMTB)
MOTION: Schmidt moved, seconded by Lorenzen to approve expenditure of funds to allow Adams
Johnson to attend the FSMTB annual meeting being held in New Orleans, Louisiana on September 27 -
29, 2012. A voice vote was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting
nay: None (0). Motion carried.

Minutes of June 8, 2012 – Continued
Board of Massage Therapy __________5
e. National Certification Board for Therapeutic Massage & Bodywork (NCBTMB)
No report
f. Statistics: Examinations/Licensing/Administrative Penalties
Examinations – Gray circulated the report for examinations during the time period March 30, 2012
to June 8, 2012. A copy of the report is attached.
Licensing – Gray reported the following as of June 8, 2012:
Massage Therapists – 1233
Massage Establishments – 522
Administrative Penalties Assessed – no report
g. Disciplinary And Non-Disciplinary Information – (Actions Pending/Taken & Administrative
Penalties)
The following actions taken since the March 30, 2012 meeting:
Daugherty, Kristin - Probationary license issued for time period June 6, 2012 through December 6,
2012.
Healthsource Chiropractic – Probationary establishment license issued for time period May 24, 2012
through May 24, 2013.
Schubauer, Danielle – License suspended April 2, 2012.
Shelton, Jack O – License suspended May 27, 2012.
8. Jurisprudence Examination Rewrite/Review – Closed Session
MOTION: Schmidt moved, seconded by Lorenzen to enter into closed session at 11:29 a.m. for
confidential review of the Jurisprudence Examination A roll call vote was taken. Voting aye: Adams
Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: None (0). Motion carried.
MOTION: Schmidt moved, seconded by Lorenzen to return to Open Session at 11:41 a.m. A voice vote
was taken. Voting aye: Adams Johnson, Hupka, Lorenzen, Schmidt (4). Voting nay: None (0). Motion
carried.
Changes discussed during closed session to be corrected and mailed out to members so that final
approval may be given at the August 3, 2012 meeting.
9. ADJOURNMENT
There being no further business, Chairperson Hupka declared the meeting adjourned at 11:41 a.m.
Respectfully submitted,
_________________________________
Kimberly Adams Johnson, Secretary
Summarized by: Carol Ann Gray, Health Licensing Coordinator
Next Meeting Dates:
August 3
October 12
December 7