MINUTES Committee Meeting October 11, 2002 Committee Members Present: Michael Shobe, President; Gordon Bisel; Susan Hargrave; James McCrae; Ursula Singleton; and Eve-Anne Wall. Committee Members Absent: Carlos Oliveira; Robert Komorn (resigned); and John Westmoreland, Vice President Staff Present: Bobby Schmidt, Jim Zukowski, Marc Connelly, Sallie Howard Others Present: Matt Lyon, John Guerra, Cherri Robbins, Ray Jones, Jack Jones, Steven Carpenter, Richard Davila, Paul Jay, Kelly Kelley Michael Shobe called the meeting to order at 1:56 p.m. at the Embassy Suites - Arboretum, Austin, Texas. Committee members and guests introduced themselves. Bobby Schmidt introduced the new program attorney, Marc Connelly. Michael Shobe asked for public comments. Ray Jones and John Guerra gave information concerning how they were attempting to rectify Mr. Guerra's bankruptcy and assist complainants. Mr. Jones also suggested that the Rule Subcommittee add fees for Continuing Education sponsors and fitting and dispensing business owners. Mr. Jones and Richard Davila also had suggestions concerning sound enclosures. There were two changes to the draft minutes. The month for the meeting should read May 2002 not October 2002 and "application" should be changed to "examination" in the paragraph concerning the Examination Subcommittee. James McCrae moved and Eve-Ann Wall seconded that the minutes of the May 30, 2002, meeting be approved as corrected. Motion carried. Michael Shobe asked James McCrae in the absence of Carlos Oliveira, chair of the examination subcommittee to give a report. Mr. McCrae stated that the subcommittee requests that complaints be opened against supervisors who do not adequately prepare their trainees for the examination. He recommended that a "train the trainer" course might be in order and that the examination study guide be updated with an affidavit that the trainer and trainee have read and understand the guide. Mr. McCrae also suggested that the subcommittee would like to have time limits set for the practical and ear impression. Mr. McCrae moved and Gordon Bisel seconded that the examination subcommittee report be accepted. The motion carried. Michael Shobe asked Gordon Bisel in the absence of Carlos Oliveira, chair of the applications subcommittee to give a report. Mr. Bisel reported that due to information bought forward concerning Mr. Wesley Miller, the subcommittee recommends that Mr. Miller's application be reconsidered at the February 2003 meeting. Mr. Bisel moved and James McCrae seconded that the applications subcommittee report be accepted. The motion carried. Michael Shobe asked James McCrae in the absence of John Westmoreland, chair of the rules subcommittee to give a report. Mr. McCrae reported the subcommittee did not meet due to the illness of the Mr. Westmoreland and the resulting lack of a quorum. All items will be tabled until the February 2003 meeting. Michael Shobe asked James McCrae in the absence of John Westmoreland, chair of the complaints subcommittee to make a report. Mr. McCrae reported complaints FD-01-026, FD-02-019, FD-02-020, FD-02-022, FD-02-023, FD- 02-026, FD-02-037, FD-02-038, FD-02-047, FD-02-048, FD-02-056, FD-02-058, FD-02-063, FD-02-068, FD-02- 069, FD-02-070, FD-02-071, FD-02-072, FD-02-074, FD-02-083, FD-02-085, FD-02-086, FD-02-087, and FD-02- 088 remain open. Complaints FD-01-015, FD-01-032, FD-01-037, FD-01-055, FD-02-036, FD-02-044, FD-02-060, FD-02-065, FD-02-073, FD-02-076, FD-02-077, FD-02-078 and FD-02-080 were closed. Administrative Penalties were levied on complaints FD-02-039 and FD-02-075. Trena Baxley-Killingsworth may reapply for licensure six months following the date of the default revocation order. Clayton Mitchell will be served with a default order revoking his license. License revocation is proposed for two licensees (complaints FD-02-021, FD-02-049, FD-02- 051, FD-02-057, FD-02-064, FD-02-079, FD-02-081, FD-02-084) and (FD-02-046, Fd-02-050, FD-02-053, FD-02- 054, FD-02-055, FD-02-061, FD-02-062, FD-02-066, FD-02-067). Mr. McCrae also reported that the subcommittee asked that when complaints are received they be forwarded to the chairman of the subcommittee with names and all other indications of whom the complaint is about redacted. Mr. McCrae moved and Mr. Bisel seconded that the committee president sign the default order against Mr. Clayton Mitchell. Motion Carried. Then Mr. McCrae moved and Mr. Bisel seconded that the complaints subcommittee report be accepted. The motion carried. The next order of business concerned the use of education titles such as Ph.D. The consensus was that this could be confusing to the consumer; however, Ms. Hargrave suggested that this be handled through the complaints process. Ms. Ursula Singleton asked that no action be taken at this time. The next order of business concerned preparation for the Sunset Review process. The Committee is scheduled for such review in the year 2005. Jim Zukowski, Director, Professional Licensing and Certification Division, indicated members of the Sunset Committee had been invited to the meeting, but because of their workload were unable to come. They may be able to come to the February 2003 meeting. Mr. Shobe asked Sunset Review staff be invited to that meeting. Michael Shobe asked Dr. Zukowski to give a report. Dr. Zukowski passed out information on a model framework and guide to the Sunset Review process. There was no Committee President's Report. Michael Shobe asked Bobby Schmidt, Executive Director, State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments to make a report. Mr. Schmidt indicated that he would keep committee members up to date on the Sunset process and that they should be flexible with their schedules in 2004-2005. Mr. Schmidt spoke on the complaint process before a Texas House committee. He indicated that the Legislative Chairmen will not be decided upon until after the session starts in January 2003. The next order of business concerned the election of committee president and vice president. James McCrae moved to nominate John Westmoreland for president; Gordon Bisel seconded. Motion Carried. Susan Hargrave moved to nominate James McCrae for vice president; Gordon Bisel seconded. Motion carried. The next order of business concerned the scheduling of subcommittee and committee meetings for 2003. Bobby Schmidt asked committee members to check their schedules and report back with possible meeting dates for February, June and October. There being no further business the committee adjourned at 3:19 p.m. _____________________________________________ John Westmoreland, President _____________________________________________ Date