A meeting of the Massage, Bodywork and Somatic Therapy Examining Committee was held on January 23, 2008 in the Sussex Conference Room on the 6th Floor, 124 Halsey Street, Newark, New Jersey. Alan G. Vonderahe, Committee Chair called the meeting to order at 9:00 a.m.

ROLL CALL

COMMITTEE MEMBER(S) PRESENT

Alan G. Vonderahe
Deborah OverholtDonda Kraus-Sternberg

ALSO PRESENT

George J. Hebert, MA, RN, Executive Director
Margaret Howard, MSN, RN, Field Representative
Ginger Provost, Deputy Attorney General
Charles Manning, Regulatory Analyst (present for a portion of the meeting to discuss A4455)
Diane Scott and Alba R. Jaramillo, Support Staff

QUORUM WAS DECLARED PRESENT

In accordance with Chapter 231 of P.L. 1975, more commonly referred to as the Sunshine Law, adequate notice of this meeting was provided by mailing on November 30, 2007. A schedule of all 2008 Regular Open Committee Meetings of the Massage, Bodywork and Somatic Therapy Examining Committee to be held during 2008 was provided to the Office of the Secretary of State, Star Ledger, Trenton-Times, The New York Times, Camden Courier Post, The Press of Atlantic City and The Philadelphia Inquirer. The schedule has also been posted on the bulletin board at the New Jersey State Board of Nursing Office.

A reading and approval of the Open Session Agenda of January 23, 2008 Committee Meeting.

After discussion, the Committee upon a motion made by Deborah Overholt and duly seconded by Donda Kraus-Sternberg, voted to approve the Open Agenda of January 23, 2008 Committee Meeting as is. The motion carried.

A reading and approval of the Open Session Minutes of October 31, 2007, Committee Meeting with amendments:

Cover page B to make some changes under Committee Members’, Staff Members’ titles and credentials. Also, to add next to Charles Manning’s title; was present for discussion of proposed amendments to regulations only.

George J. Hebert, MA, RN, Executive Director
Margaret Howard, MSN, RN, Field Representative
Ginger Provost, Deputy Attorney General
Charles Manning, Regulatory Analyst
Diane Scott and Alba R. Jaramillo, Support Staff

To change under approval of the Agenda for the October 31, 2007 Committee Meeting as amended:

Page #2 B To add and change under New Business; approval of schools by the Department of Labor.

To add under approval of the Open Session Committee Meeting Minutes of September 26, 2007 with amendments:

Page #2, item #4; next meeting date should state October 31, 2007.

Page #3 Approval of proposed amendments to the Regulations (N.J.A.C. 13:37-16.3, 16.4, 16.7 and 16.11.)

Charles Manning, Regulatory Analyst, Reported to the Committee that on March 19, 2007 there was a notice (39 N.J.R.19) in the New Jersey Register stating that the Department of Labor is going to be approving vocational schools, instead the Department of Education. Therefore, the regulations have to be changed recognizing this rule.

There are recommended changes for Massage, Bodywork and Somatic Therapy continuing education regulations as well.

There were changes and additions under the Committee’s motion. The motion should read as follows:

After discussion, the Committee upon a motion made by Deborah Overholt and duly seconded by Donda Kraus-Sternberg, voted to approve proposed amendments to the regulations, (N.J.A.C. 13:37-16.3, 16.4, 16.7 and 16.11). The motion carried.

Changes and additions under Open Forum:

Page #3 B Lines #4, 5, 7 and #8 of paragraph; Ms. Sinicropi-Balena expressed concerns on behalf of the consumers regarding Massage, Bodywork and Somatic Therapy services. Ms. Sinicropi-Balena stated that Massage, Bodywork and Somatic Therapy should require more than 500 hours of education, and Somatic Therapy should not be removed.

After discussion, the Committee upon a motion made by Deborah Overholt and duly seconded by Donda Kraus-Sternberg, voted to approve the October 31, 2007 Open Minutes as amended. The motion carried.

A reading and approval of the Open Session Minutes of November 28, 2007, Committee Meeting with amendments:

To correct and add under Old Business:

Page #4 B First line; capitalize Korean. Page #4 B Second line; to identify name of the company where Jane Park came from Inlingua Translation Services. Page #5 B Before the Committee’s motion there should be a section of the appearance itself as follows:

HEARING:

Angela Park, hearing on revocation of certification.

The parties asked the Committee to consider approving a settlement they reached. The Committee asked counsel for the Committee to ask questions concerning Ms. Park’s background and the circumstances of her criminal history as well as her practice. Ms. Park did not wish to answer all of the Committee’s questions, and therefore the Committee would not agree to the settlement. The hearing commenced and counsel delivered their opening statements. The hearing was then adjourned to January 23, 2008. A transcript was made of the proceedings.

There were changes and additions under the Committee’s motion as well. The motion should read as follows:

After discussion, the Committee upon a motion made by Deborah Overholt and duly seconded by Donda Kraus-Sternberg, voted to adjourn the Angela Park hearing until the January 23, 2008 Committee Meeting. The motion carried.

OLD BUSINESS:

Review of Legislative Bill 4455 signed into law.

Charles Manning, Regulatory Analyst, appeared for discussion of the Legislative Bill 4455 recently signed into law by the Governor on January 13, 2008, requiring mandatory licensing of all Massage and Bodywork and Somatic Therapists and sets up a new Board to replace the Committee.

HEARING:

Soon C. Park - Hearing on revocation of certification. The Committee reviewed respondent’s counsel’s response to the POD that no hearing is requested as well as a stipulation of material facts.

After discussion, the Committee upon a motion made by Deborah Overholt and duly seconded by Donda Kraus-Sternberg, voted to go into Executive Session for advice of counsel concerning the hearing on Soon C. Park. The motion carried.

OPEN SESSION RESUMED:

The Committee resumed discussion of item #3 and reviewed the following:

1) Response to the Provisional Order of Revocation submitted by respondent’s attorney, Santo Bonanno, Esq., 1430 Route 23 North, Wayne, New Jersey dated June 13, 2007 and August 2, 2007 which indicated that the written letters of counsel provide all the information Ms. Park intends to submit in defense and mitigation.

2) Letter brief submitted by Deputy Attorney General Diana N. Fredericks dated January 16, 2008 and January 17, 2008 in support of the Provisional Order of Revocation.

Because the respondent stipulated to the material facts and submitted no sound reason for mitigation of sanction, no further proceedings were necessary. The Committee discussed the following conditions: That respondent return her original certificate within five days of receipt of a final order revoking her certification. Respondent may re-apply for certification no earlier than five years from the date of the order and she must submit documentation of her rehabilitation and also showing that any establishment that respondent has been associated with during the period of her revocation or with which she plans to affiliate after receiving her certification has continuously been operated in a lawful manner. An appropriate order will be issued.

After discussion, the Committee upon a motion made by Deborah Overholt and duly seconded by Donda Kraus-Sternberg, voted to revoke the certification of Soon C. Park with the conditions stated above.

After discussion, the Committee upon a motion made by Deborah Overholt and duly seconded by Donda Kraus-Sternberg, voted to go into Executive Session for advice from counsel regarding settlement proposal by the parties on revocation of Angela Park’s certification. The motion carried.

Angela Park - Hearing on revocation of certification

The parties presented a stipulation which was placed on the record by Deputy Attorney General, Kevin Jespersen as follows:

1) Respondent agrees to surrender her certification effective immediately and shall cease and desist from practicing massage, bodywork and somatic therapy as a certified therapist until further order of the Committee. 2) Respondent shall be ineligible for a period of one year to apply for or be considered for a license or certificate to practice massage, bodywork and somatic therapy in the State of New Jersey. 3) Respondent may apply to obtain a license or certification to practice massage, bodywork and somatic therapy after the one year; however, the Committee shall not consider the conduct described in the Provisional Order of Revocation of Certification filed on September 27, 2007; however, Respondent will be required to submit a complete, truthful and accurate application that shall reveal all of her past criminal history. 4) As a condition to obtain a certificate or license to practice massage, bodywork and somatic therapy, respondent shall successfully complete 6 hours of course work in ethics and six hours of course work in law and become re-certified in cardiopulmonary resuscitation. 5) Respondent shall complete 30 days of community service at her church. 6) Should respondent be arrested after the date of the Order, for a crime involving moral turpitude or relating adversely to the practice of massage, bodywork and somatic therapy and be convicted of such crime, the conviction shall be conclusive evidence that respondent is unqualified to obtain a license or certificate to practice massage, bodywork and somatic therapy. 7) Respondent shall submit an affidavit from the Helma Institute that she successfully completed five hundred and fifty hours of massage therapy training which shall have attached a syllabus of the courses completed or statement from the Institute that a syllabus cannot be provided.

Respondent was placed under oath and with the assistance of a court approved translator, the above terms were relayed to her. Respondent agreed to all of the terms and an appropriate order was entered.

After discussion, the Committee upon motion made by Deborah Overholt and duly seconded by Donda Kraus-Sternberg, voted to approve the terms of the settlement as stated on the record. The motion carried.

NEW BUSINESS:

December 12, 2007, Letter from Wendy M. Blume, Ed.D, Dean - Math, Science & Health Careers, Camden County College (CCC) to Margaret C. Howard, RN, Field Representative concerning Camden County College being associated with the Wholistic Institute since March 2001 when it began offering a Certificate Program and an Associate in Applied Science degree in Massage Therapy.

After discussion, the Committee upon a motion made by Deborah Overholt and duly seconded by Donda Kraus-Sternberg, voted to send a letter to Dr. Frank Pileggi, Director of Lourdes Institute of Wholistic Studies advising him to seek State approval from the Separtment of Labor and Work Force, the Department of Education or the Commission of Higher Education. The motion carried.

FYI B Lourdes Institute of Wholistic Studies: For informational purpose only.

January 2, 2008, Fax letter from Yong Soo Ahn, Director of New Wave Myotherapy Academy to Margaret Howard.
Re: School Approval 2007 by New Jersey State DOE and DOL.
Total CEU Provider Approval Certifications 2006 - 2008 by NGBTMB. E-Letter from New Jersey State for 2008 Approval Certification.

4. REVIEW OF APPLICATIONS:

After discussion, the Committee upon motion made by Deborah Overholt and duly seconded by Donda Kraus-Sternberg, voted to go into Executive Session to review the applications for certification and disciplinary matters. The motion carried.

Open session resumed and the following applications were review:

Charles Secallis Kathleen Fleetwood
Jamie Landsperger Maria Martinez
Kathleen Kendis Joann Stetter
Kenneth Haring, Jr. Zhigi Su
Sofia Vera

After discussion, the Committee upon motion made by Deborah Overholt and duly seconded by Donda Kraus-Sternberg, voted to approve the applications for certification as listed above. The motion carried.

ADJOURNMENT:

A motion was made by Deborah Overholt and duly seconded by Donda Kraus-Sternberg to adjourn the Massage, Bodywork and Somatic Therapy Examining Committee Meeting. Whereupon the meeting was adjourned at 3:00 p.m. The next Massage, Bodywork and Somatic Therapy Examining Committee Meeting will be held on February 27, 2008, 9:00 a.m., in the Sussex Conference Room, 6th Floor.

Respectfully Submitted,

_______________
Alan G. Vonderahe
Committee Chair

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