STATE OF NEW JERSEY
DIVISION OF CONSUMER AFFAIRS
BOARD OF CHIROPRACTIC EXAMINERS
124 HALSEY STREET, 6TH FLOOR
SOMERSET ROOM
NEWARK, NEW JERSEY
PUBLIC SESSION MINUTES
THURSDAY, JULY 23, 2009

A meeting of the New Jersey Board of Chiropractic Examiners was held July 23, 2009 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 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 9:30 AM.

ATTENDANCE

PRESENT: Drs. Stabile Jr., O’Connor, Krouse, Kostinas, Spadafino, Calio, Dr. Rada, and (Mr. Traier - arrived at 10:00 am)
EXCUSED: Drs.’ Murphy & Senatore

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

I. APPROVAL OF THE PUBLIC SESSION MINUTES OF JUNE 25, 2009

A MOTION WAS MADE BY DR. RADA, WHICH WAS SECONDED BY DR. O’CONNOR, TO APPROVE THE PUBLIC SESSION MINUTES OF THE JUNE 25, 2009 MEETING AS AMENDED. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

II. EXECUTIVE DIRECTOR’S REPORT

A report on the number of applications received and licenses issued to date for June & July 2009:

The Board issued 20 permits and/or licenses

Licenses issued - 14
Electro-Diagnostic Permits - 6

III. NATIONAL BOARD OF CHIROPRACTIC EXAMINERS

This was accepted as informational.

IV. APPLICATIONS FOR LICENSURE

A. SAMUEL EVENSTEIN, D.C. - (REINSTATEMENT)

A MOTION WAS MADE BY DR. O’CONNOR, WHICH WAS SECONDED BY DR. KOSTINAS, TO SCHEDULE DR. EVENSTEIN FOR A FULL BOARD HEARING REGARDING HIS APPLICATION FOR LICENSURE BY REINSTATEMENT. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

B. ERIC S. SEIGEL, D.C. - (ENDORSEMENT)

A MOTION WAS MADE BY DR. O’CONNOR, WHICH WAS SECONDED BY DR. CALIO, TO REQUEST THE FOLLOWING INFORMATION FROM DR. SEIGEL REGARDING HIS APPLICATION FOR LICENSURE BY ENDORSEMENT: 1) WHAT KIND OF CHIROPRACTIC WORK HAVE YOU DONE IN THE LAST FIVE (5) YEARS? 2) IN WHAT KIND OF LOCATION(S)? 3) PLEASE DESCRIBE YOUR EXPERIENCE AS A CHIROPRACTOR. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

C. RICHARD J. GROSSO, D.C. - (ENDORSEMENT)

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

HANDOUTS

D. SUSAN M. FELDMAN, D.C. - (ENDORSEMENT)

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

E. STEPHEN KEENAN, D.C. - (REINSTATEMENT)

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

F. JOSHUA SANDOZ, D.C. - (INITIAL)

A MOTION WAS MADE BY DR. SPADAFINO, WHICH WAS SECONDED BY DR. RADA, TO APPROVE DR. SANDOZ’S APPLICATION FOR INITIAL LICENSURE PENDING THE RESULTS OF HIS CRIMINAL HISTORY REPORT. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

G. ANDREW JUSTIN ROY, D.C. - (ELECTRO-DIAGNOSTIC)

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

V. OPEN DISCIPLINARY MATTERS

A. SCOTT WHITE, D.C.

The Board reviewed a quarterly report filed by the Professional Assistance Program on June 26, 2009.

This was accepted as informational.

B. ERIC SANTO, D.C.

The Board reviewed a Uniform Penalty Letter filed by the Board on June 24, 2009.

This was accepted as informational.

C. MELISSA PECCERILLO, D.C.

The Board reviewed an Offer of Settlement filed by the Board on July 8, 2009.

This was accepted as informational.

D. IGAL DUBOV, D.C.

The Board reviewed an Offer of Settlement filed by the Board on July 8, 2009.

This was accepted as informational.

E. THOMAS CAMPIONE, D.C.

The Board reviewed an Offer of Settlement filed by the Board on July 1, 2009.

This was accepted as informational.

F. MICHAEL MAGWOOD, D.C.

The Board reviewed an Offer of Settlement filed by the Board on June 25, 2009.

This was accepted as informational.

G. NICHOLAS G. ROSANIA, D.C.

The Board reviewed an Order of Reinstating License filed by the Board on July 8, 2009.

This was accepted as informational.

VI. INQUIRIES

A. WILLIAM YU, D.C.

The school in New Zealand must apply to the State Board, pursuant to N.J.S.A. 45:9-41.6. The Board will inform Dr. Yu that his potential associate is not eligible to practice in New Jersey.

A MOTION WAS MADE BY DR. RADA, WHICH WAS SECONDED BY DR. O’CONNOR, TO SEND A LETTER TO ALL OF THE CCE COLLEGES REMINDING THEM THAT THEY MUST ALL BE APPROVED BY THE NJ BOARD IN ORDER FOR THEIR STUDENTS TO QUALIFY TO OBTAIN A LICENSE IN NJ. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

B. DAVID G. HARRIS, D.C.

This matter was tabled at the April 23, 2009 waiting for requested information regarding his ‘M.D.” license.

This matter was tabled for the September 2009 Board meeting.

C. STUART PODOB, D.C.

Dr. Podob would like the Board to answer his inquiry, which relates to the question, “Is Nasal Specific within the scope of practice”?

A MOTION WAS MADE BY DR. O’CONNOR, WHICH WAS SECONDED BY DR. KOSTINAS, TO REQUEST THE FOLLOWING INFORMATION FROM DR. PODOB: 1) WHAT IS HIS CERTIFICATION & TRAINING IN THIS PROCEDURE? 2) WHAT ARE THE NUMBER OF HOURS HE HAS PRACTICED? 3) WHAT CASE STUDIES SHOW THE EFFECTIVENESS? 4) HOW IS THIS RELATED TO THE TREATMENT OF THE ARTICULATIONS OF THE SPINE? A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

VII. APPEARANCES

A. ANDREW GRANO, D.C. (10:00 AM)
(Appeared with Charles Keating, Esq.)

Dr. Grano appeared before the Board to answer questions about the failure to disclose a disciplinary action of which the Board has become aware.

A MOTION WAS MADE BY DR. O’CONNOR, WHICH WAS SECONDED BY DR. SPADAFINO, TO GO INTO EXECUTIVE SESSION TO DISCUSS

WHETHER OR NOT A PUBLIC DISCIPLINARY ACTION IS APPROPRIATE. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

A MOTION WAS MADE BY DR. RADA, WHICH WAS SECONDED BY DR. KOSTINAS, TO GO BACK INTO PUBLIC SESSION. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

A MOTION WAS MADE DR. CALIO, WHICH WAS SECONDED BY MR. TRAIER, TO FIND INSUFFICIENT CAUSE FOR ACTION ON THIS MATTER AND TO SEND DR. GRANO A LETTER OF REPRIMAND. A VOTE WAS TAKEN AND THE MOTION PASSED WITH SEVEN MEMBERS VOTING IN FAVOR AND ONE OPPOSED(DR. RADA).

B. DREW NUSSBAUM, D.C. (11:00 AM)

Dr. Nussbaum appeared without counsel to answer questions related to the criminal history background check on his application.

A MOTION WAS MADE BY DR. KROUSE, WHICH WAS SECONDED BY DR. CALIO, TO GO INTO EXECUTIVE SESSION TO DELIBERATE ON THE MATTER. A VOTE WAS TAKEN AND MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

A MOTION WAS MADE BY DR. O’CONNOR, WHICH WAS SECONDED BY DR. RADA, TO GO BACK INTO PUBLIC SESSION. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

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

C. FRANK GOMEZ, D.C. (12:00 PM)

Dr. Gomez was scheduled to appear before the Full Board regarding his criminal history in order to pursue with his reinstatement application. Dr. Gomez did not make his scheduled appearance nor called to inform the Board of his absence.

ADJOURNMENT

A MOTION WAS MADE BY DR. O’CONNOR, WHICH WAS SECONDED BY DR. RADA, TO GO INTO EXECUTIVE SESSION (12:00 P.M.) TO CONSIDER TWO CONSUMER COMPLAINTS, FIVE REFERRALS FROM OTHER AGENCIES AND ONE MISCELLANEOUS MATTER. A VOTE WAS TAKEN AND THE MOTION PASSED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.

Respectfully Submitted,

Jonathan Eisenmenger
Executive Director