TENNESSEE BOARD OF EXAMINERS IN PSYCHOLOGY MINUTES

Transcription

1 TENNESSEE BOARD OF EXAMINERS IN PSYCHOLOGY MINUTES DATE: September 13-14, 2010 TIME: LOCATION: BOARD MEMBERS PRESENT: BOARD MEMBER ABSENT: STAFF PRESENT: 9:00 a.m., CST Health Related Boards Poplar Room 227 French Landing, Suite 150 Nashville, TN Mark Sigler, Ph.D., Sr. PE, Chair Anita Davis, Ph.D., Vice Chair Jeffrey Erickson, Ph.D. Pamela Auble, Ph.D. Patti van Eys, Ph.D. Rodney Sullivan, Ph.D. Donald Brookshire, Psy.D. George Bercaw, Sr. PE Brenda Hunter, Citizen Member Elizabeth Miller, Director of Health Related Boards Sherry Owens, Board Administrator Rachel Appelt, Office of General Counsel Barbara Maxwell, Director of Psychology Board September 13, 2010 Dr. Sigler, Chair, called the meeting to order at 9:12 a.m. A quorum was present. Dr. Sigler introduced and welcomed Rodney Sullivan, Ph.D., Donald Brookshire, Psy.D. and George Bercaw, Sr. PE to the Board. Minutes Dr. Davis made a motion, seconded by Dr. Erickson, to approve the June 17-18, 2010 minutes as amended. The motion carried. Office of General Counsel Alison Cleaves, Chief Deputy Counsel, discussed the contract the Board has with the Professional Examination Services to provide the EPPP examination. Ms. Cleaves said the contract was amended to provide for an online application and an online payment process to 1

2 reduce the examination fee for those taking the examination online and allow candidates to review their score online. Upon discussion, Dr. Auble made a motion, seconded by Dr. van Eys, to approve the contract as amended. The motion carried. There are nine (9) open disciplinary files in OGC being prepared for litigation. The Board approved the amendments to Rule pertaining to patient-client records, and release of patient records; and the amendments to Rules and pertaining to scope of practice. The Board appointed a task force to consider amendments to Rule pertaining to continuing education. Dr. Sigler is to review Rules and pertaining to scope of practice to determine if additional changes should be made. Tennessee Psychological Association Dr. Norman Stephenson, APA Council Representative, for the Tennessee Psychological Association attended the meeting to discuss continuing education. Dr. Stephenson stated that TPA has decided not to pursue legislation regarding continuing education but is concerned about the requirements for ethics and Tennessee law. Ethics and Tennessee law should be Type 1 continuing education and conducted in a classroom setting. There are no online courses in Tennessee law. More than half of the states require a three (3) hour course in ethics and law. Agreed Orders/Letter of Reprimand The Board reviewed an Agreed Order for Tony Franklin, Ph.D. who pled guilty in the United States District Court for healthcare fraud. The order suspends Dr. Franklin s license until the United States District Court removes Dr. Franklin from federal probation; places his license on probation for not less than three (3) years after removal from federal probation; practice under weekly supervision for the first three (3) months on probation and adjusted thereafter as determined by the appointed supervisor; submit quarterly reports to the Board written and signed by the supervisor regarding progress and/or concerns; pay for the supervisor s time, if required; obtain nine (9) continuing education hours during the probationary period, divided between ethics and jurisprudence; pay $1,000 Type A Civil Penalty; and, appear before the Board with his supervisor to have the probation lifted. Dr. Erickson made a motion, seconded by Dr. Davis, to approve the Agreed Order as written. The motion carried. The Board reviewed an Agreed Order for Roger Morgan, Ph.D. who pled guilty in the United States District Court for lying to the FBI. Mr. Bercaw made a motion, seconded by Dr. Sullivan, to amend the Agreed Order to require Dr. Morgan to agree to a three (3) year probation, complete an APA course in ethics, complete three (3) evaluation sessions with a specified treatment plan, and report back to the Board after the probation period. The motion carried. The Board reviewed a letter of reprimand for John Thurman, Ph.D., for submitting incomplete tests on patients. Dr. van Eys made a motion, seconded by Dr. Erickson, to reject the letter of reprimand and to recommend that it require Dr. Thurman to participate in a systematic consultation with a licensed psychological practitioner with HSP designation. Dr. Sullivan recused himself. The motion carried. 2

3 Ms. Appelt asked the Board to give Ms. Owens permission to sign the amended Agreed Order and Letter of Reprimand on behalf of the Board chair, if the respondents accept the amended Agreed Order and Letter of Reprimand. Dr. van Eys made a motion, seconded by Mr. Bercaw, to allow Ms. Owens sign the amended Agreed Order for Dr. Morgan and Letter of Reprimand for Dr. Thurman. The motion carried. Investigative Report There are twenty-four (24) open cases against Psychologists and four (4) against Psychological Examiners in Investigations. Disciplinary Report There are three (3) practitioners being followed on probation; six (6) suspended/revoked; five (5) other with Board orders; and, one (1) with a letter of reprimand. Administrative Report There are 1330 actively licensed psychologists; 528 actively licensed psychological examiners and senior psychological examiners; and 13 actively licensed certified psychological assistants. A continuing education audit will be presented to the Board at the December meeting. Agreed Citations were sent to licensees who failed to obtain continuing education for the 2008/2009 audit and will present those to the Board at the next meeting for approval. Dr. Davis asked that the continuing education audit include a breakdown of psychologists and psychologists with health service provider designation. Sixty-six (66) psychologists and sixteen (16) psychological examiners/senior psychological examiners have renewed their licenses online since June 9, Financial Report For FY2010 the Board has $33,000 in direct expenditures and $212,010 in revenue collections. As soon as the indirect expenditures are calculated a financial report will be mailed to all Board members. Task Force The task force met to discuss possible changes pertaining to jurisprudence and ethics continuing education and the application review process. Dr. Erickson had reviewed a study conducted by the Mandatory Continuing Education in Psychology Group which can be found on the APA web site. The MCEP conducted a state by state study of continuing education requirements. Thirty (30) hours per year appears to be the highest. Three hours of ethics per year was the highest. Dr. Erickson encouraged the other Board members to go to the web site and review the study. 3

4 Dr. van Eys suggested a healthy balance between on-line and in person continuing education to meet the needs of those practitioners living in rural areas, the cost of courses, and the availability. Dr. Davis said the Board needed a percentage for on-line and in person courses. Dr. Davis suggested mandating a cultural diversity continuing education course and a checklist to use to check off types of continuing education obtained. Dr. Sigler said they decided to change the name to ethics and/or jurisprudence because there are not many courses on ethics and jurisprudence, and jurisprudence courses are not easily obtainable. Dr. Sigler stated he has concerns with which courses need to be Type 1, Type 2 and Type 3; and, how many courses can be obtained online. Dr. Auble suggested social interaction courses because psychologists by nature prefer social interaction. She pointed out that a lot of psychologists do not realize continuing education is to be acquired in the two (2) calendar years from January 1 st through December 31 st, prior to the licensure renewal year. Mr. Bercaw asked if the TPA could offer an ethics and jurisprudence course at a reasonable cost for TPA members and non TPA members. Dr. Stephenson stated he will ask TPA and report back to the Board at the next meeting. Dr. Sigler said he provided an ethics and jurisprudence workshop for the Tennessee Sex Offender Treatment Board last year and there are other avenues to obtain ethics and jurisprudence. The online and in person courses are not the only avenues. The Board discussed changing the continuing education cycle to the renewal cycle. Dr. Sigler said in his research of other Boards he found they all used the calendar year cycle. According to the minutes from the December 2009 meeting the Board discussed raising the audit percentage from five percent (5%) to ten percent (10%) and conducting a one-hundred percent (100%) audit in two years; however, the discussion was deferred to the March 2010 meeting. The March 2010 minutes do not reflect the discussion. Dr. Auble suggested notifying the licensee that a one hundred percent (100%) audit is going to be conducted and the year. Upon discussion, Dr. Davis stated she will summarize the issues discussed at today s meeting and report back at the next meeting. Applications Kristin Katz, Ph.D., psychologist/hsp applicant, appeared for an interview to ask the Board to reconsider denial of her internship. At the June 17-18, 2010 Board meeting, the Board reviewed a letter from Dr. Katz requesting approval of her CAPIC pre-doctoral internship hours, which the Board denied as they could not determine if her internship program met the standards of an APA or APPIC program. Dr. Katz read an from APPIC stating the two programs appear 4

5 to be equivalent. Dr. Davis said the standards for CAPIC appears to be equivalent, with the exception of the required 1900 hours, to APPIC s standards. Dr. Davis made a motion, seconded by Dr. van Eys, to approve Dr. Katz s pre-doctoral internship hours, to accept the 1896 hours as being equivalent, to issue her a provisional license and to approve her to sit for the written and Dr. Sigler asked Ms. Owens to put on the agenda for the next meeting a review of the CAPIC internship program and accept them as an equivalent program. Steve Stride, Ph.D., psychologist/hsp applicant, appeared for an interview to ask the Board to accept his 1500 hours pre-doctoral internship. Dr. Davis made a motion, seconded by Mr. Bercaw, to approve the applicant pending Dr. Stride obtaining an additional four-hundred (400) hours of supervised clinical experience, receipt of two (2) letters of recommendation, and letters from the pre-doctoral agencies verifying how their pre-doctoral experience is equivalent to Tennessee. Dr. Davis will review the letters upon receipt. The motion carried. Susan Fuhr, Ph.D., psychologist/hsp applicant, was in attendance at the meeting. Dr. Davis made a motion, seconded by Dr. van Eys, to issue Dr. Fuhr a temporary license upon receipt of her temporary license application and to approve her to sit for the written and ethics and jurisprudence examinations. Dr. Sullivan recused himself. The motion carried. Certified Psychological Assistant File Review Form Dr. Sigler amended the letters of recommendation portion of the form on page two (2) to allow letters of recommendation be from one psychologist/hsp and two (2) letters from psychologists/school psychologist and/or SPE. Letters from the psychologist and school psychologists can be from non-licensed professionals. Dr. Auble made a motion, seconded by Dr. van Eys, to approve the form. The motion carried. Ratify Newly Licensed Dr. Auble made a motion, seconded by Dr. Erickson, to approve the following newly licensed psychologists and certified psychological assistant: Psychologists Jennifer Elaine Champion Kristin Grant Kelly Holder Rachel Jane Hundley Kara Johansen Cynthia Klubnik Mindy Kronenberg Lisa Lorenzen Jana Mullins Kushal Patel Heather Quagliana 5

6 Eliyahu Reich Jena Fisher Brian Smith Psychological Assistant Adrienne Studaway The motion carried. Ratify Reinstated Psychological Examiners Dr. Erickson made a motion, seconded by Dr. Auble, to approve the reinstated psychological examiners: Laurie Cooper Daniel Hardwick Miriam Wills Carroll Young The motion carried. Ratify Written Examination Results Dr. Erickson made a motion, seconded by Dr. Auble, to approve the following Psychologists who passed the written examination: Kimblery Williams-Collins Lisa Lorenzen Angie Allman Lisa Paderna Nicole Perez Amy Mariskin Linda Radbill Elizabeth Saylor Bruce Young The motion carried. Ratify Ethics and Jurisprudence Examination Results Dr. Erickson made a motion, seconded by Dr. Auble, to approve the following Psychologists who passed the ethics and jurisprudence examination: Brian Smith Rachel Hundley Mary Payne 6

7 Heather Qugliana Eliyahu Reich Kristin Grant Mindy Kronenberg Kelly Holder Lisa Lorenzen Kimberly Williams-Collins Kushal Patel The motion carried. Review and Respond to Correspondence The Board reviewed a letter from Sarah McNamee, Ed.D. requesting a waiver of her civil penalty for failure to obtain continuing education for 2009 due to illness as she is retiring her license. Dr. Auble made a motion, seconded by Dr. van Eys, to waive the civil penalty pending receipt of Dr. McNamee s retirement form. The motion carried. The Board reviewed a letter from Jane Dashevsky, from Online Psychology Degrees requesting that her site be added to our web site and decided to take no action at this time. The Board discussed a request from Chris Mohandie, Ph.D., who is a licensed psychologist in California, to conduct an MMPI employment evaluation for a company in Tennessee and determined he must obtain a temporary license pursuant to Rule (3)(f). The Board reviewed a letter from Aree Robinson, Ed.S. and Kimberly Terrell, Ed.S. requesting licensure for psychometrists. The Board asked Ms. Owens to send Ms. Robinson and Ms. Terrell a letter informing them that psychometrists are the same as certified psychological assistants. The Board reviewed a letter from Sharon O Connell, LPE, requesting a waiver of the continuing education hours for 2008/2009 as her home was flooded in the May 2010 floor destroying her continuing education documentation. Dr. Bercaw made a motion, seconded by Dr. van Eys, to grant the waiver. The motion carried. The Board reviewed a letter from Debra Sullivan, Ph.D., requesting that the Board allow the three (3) hours of continuing education she obtained through PACE be included with the thirtyseven (37) hours she obtained to meet the 2008/2009 continuing education hours requirement. The Board determined the PACE program did meet Tennessee continuing education requirements. The Board reviewed a letter from Katherine Gorman, Ph.D., requesting that the thirty-four (34) hours of continuing education she obtained in 2010 be used for the hours she failed to obtain in Dr. Auble made a motion, seconded by Dr. van Eys, to approve Dr. Gorman s request and require her to obtain thirty-seven (37) hours for The motion carried. 7

8 Upon review of the reinstatement application of Alan Gladsden, Ph.D., who had prior discipline in New Hampshire, Dr. Auble made a motion, seconded by Dr. Davis, to defer action on Dr. Glasden s application pending the results of a Tennessee Colleague Assistance Foundation (TCAF) fitness for duty evaluation. The motion carried. The Board reviewed a letter from David Miller, Ph.D., requesting an extension of his provisional license in order to obtain the required 1900 hours and sit for the EPPP examination. Dr. Erickson made a motion, seconded by Dr. van Eys, to extend Dr. Miller s provision license until January 31, The motion carried. The Board reviewed a letter from Whitney Loring, Psy.D., requesting to be issued a second provision license and sit for the EPPP. Dr. Sullivan made a motion, seconded by Dr. Erickson, to approve Dr. Loring for a provisional license, provided she meet the licensure requirements or a temporary license upon submission of 1900 hours of post-doctoral supervised experience. The motion carried. Scope of Practice for Certified Psychological Assistants Dr. Sigler stated Public Chapter 769, which allows Senior Psychological Examiners to supervise certified psychological assistants, became effective April 1, Dr. Sigler drafted proposed language to include the public chapter in the rules which he distributed to the Board members for their review. (See attachment). Upon review of the proposed language, Dr. Auble made a motion, seconded by Dr. Davis, to approve the proposed language in the scope of practice of certified psychological assistants with additional changes. The motion carried. Ms. Appelt stated she would make the changes and include the scope of practice language in the rule package for the Board to review and approve for rulemaking at the next meeting. Application Files Dr. Auble made a motion, seconded by Dr. Davis, to approve Elizabeth Van Horn, Dr. Auble made a motion, seconded by Dr. Sullivan, to approve Megan McNamara, Dr. Erickson made a motion, seconded by Dr. Auble, to approve Ryan Thompson, Dr. Erickson made a motion, seconded by Dr. van Eys, to approve Nathan Bruster, Psychologist applicant, to sit for the EPPP and ethics and jurisprudence examinations. The motion carried. 8

9 Dr. van Eys made a motion, seconded by Dr. Sullivan, to approve Katherine Rowenski, Dr. van Eys made a motion, seconded by Dr. Davis, to approve Meirav Edlis-Matityahou, Dr. Davis made a motion, seconded by Dr. Erickson, to approve Danielle King, ethics and jurisprudence examinations upon receipt of an official transcript. The motion carried. Dr. Davis made a motion, seconded by Dr. Auble, to approve Abby Bocca, Psychologist/HSP applicant, to be issued a provisional license and scheduled for the EPPP and ethics and jurisprudence examinations upon receipt of a criminal background check with no convictions. The motion carried. Other Business The board requested that plaques be ordered for past Board members and asked that they be invited to the next meeting. Dr. Davis, Dr. Auble and Dr. Lavin formed a task force to review the two (2) versions of the ethics and jurisprudence examination. Upon review of the examinations, it appeared that one examination was used more than the other. Dr. Lavin is no longer on the Board; however, Dr. Davis and Dr. Auble will continue to review the examinations until the end of the year and report their findings at the March 2011 meeting. Dr. Brookshire offered to assist with the ethics and jurisprudence examination. Dr. Erickson made a motion, seconded by Dr. van Eys, to adjourn at 4:30 p.m. The motion carried. September 14, 2010 Dr. Sigler called the meeting to order at 9:07 a.m. A quorum was present. Ms. Carter, Deputy General Counsel, stated Ms. Cleaves, Deputy General Counsel, had additional information regarding the contract with PES for the Board s consideration. Ms. Cleaves stated PES removed the sixty (60) day waiting period and a change in the computer based testing fee. If there are between zero (0) and five-thousand (5,000) candidates taking the examination the fee would be $69, and if there are over 5,000 candidates taking the examination amended contract. Dr. Erickson made a motion, seconded by Dr. Davis, to approve the contract as amended. The motion carried. Ms. Carter discussed the complaint process. The Board advisory attorney and the consultant review the complaints to determine if the complaint has merit. Cases are reviewed every thirty 9

10 (30) days. If the case has enough information at that point to take to OGC to talk about what discipline might be appropriate. That means there is enough evidence to bring before the Board as a case hearing. Pursuant to the statute we send out a 320-c letter to the respondent letting them know a complaint has been filed against them. We offer them a settlement approved by OGC and the consultant. If the respondent agrees to the settlement we prepare a consent order to be signed by the respondent and the Board. If the respondent does not sign the consent order it comes before the Board in a hearing. If the respondent signs the consent order it comes before the Board for approval. If the Board does not agree with the consent order it will come before the Board in a hearing. Ms. Carter reviewed the contested case hearing process, findings of facts, conclusions of law, penalties, costs and conclusions of law. An example of a conclusion of law is to protect the citizens of the State of Tennessee. Ms. Carter reviewed letters of concern and letters of warning and letters of reprimand. The letters of concern and warning are not a form of discipline; however, the letter of reprimand is discipline. Ms. Carter reviewed the summary proceedings and emergency summaries. Ms. Appelt discussed the rulemaking process. Rules can be promulgated in accordance with the statute and may have a deadline for rulemaking. OGC s role is to draft language for the Board s approval. Once approved by the Board it goes through internal review. The final draft is filed as a notice of rulemaking hearing through the Secretary of State. The notice of rulemaking is published at the Secretary s of State web site for the public to review and comment. After the rulemaking hearing is conducted the new or amended rule the rule is filed with the Secretary of State. OGC goes before the Government Operations Committee (GOC) to endorse the rule. OGC presents a summary of the rule amendment to the GOC. The GOC can approve or deny the rules as written. File Review Dr. Erickson made a motion, seconded by Dr. Davis, to approve Jessica Huddleston, Certified Psychological Assistant applicant, to be issued a certificate. The motion carried. Dr. Erickson made a motion, seconded by Dr. Davis, to approve Brandon Alley, Psychologist/HSP applicant, to sit for the ethics and jurisprudence examination and be issued a license upon successfully passing the exam. The motion carried. Dr. Erickson made a motion, seconded by Dr. van Eys, to approve Mardi Smith, Psychologists/HSP applicant, to sit for the EPPP and ethics and jurisprudence examination pending receipt of verification from Dr. Smith s post doctoral supervisor, Dr. Klein, that Dr. Smith has completed his post doctoral supervised experience. The motion carried. Dr. Erickson made a motion, seconded by Dr. Davis, to approve Sarah Long, Psychologist/HSP applicant, to be issued a provisional license and scheduled for the EPPP and ethics and jurisprudence examinations, pending receipt of three (3) letters by HSP designated psychologists recommending. The motion carried. Dr. Erickson made a motion, seconded by Dr. van Eys, to approve Adrianna Morales, Psychologist/HSP applicant, to sit for the ethics and jurisprudence examination and issue Dr. 10

11 Morales a license, pending receipt of a letter from Dr. Older recommending Dr. Morales for health service provider designation and passing EPPP examination score. The motion carried. Dr. Erickson made a motion, seconded by Dr. Auble, to approve Stephen Hopkins, ethics and jurisprudence examinations, pending receipt of two (2) letters recommending Dr. Hopkins for health service provider designation and proof of an APA or APPIC approved internship. The motion carried. Dr. van Eys made a motion, seconded by Dr. Auble, to approve Michael Johnson, Psychologist/HSP applicant, to be issued a temporary license and scheduled for the ethics and jurisprudence examination, pending receipt of letters from Dr. Wiener and Dr. Miller recommending Dr. Johnson for health service provider designation. The motion carried. Dr. Auble made a motion, seconded by Dr. Davis, to approve Kristin Reeslund, ethics and jurisprudence examination, pending receipt of three (3) letters recommending Dr. Reeslund for licensure with health service provider designation and confirmation of a 1900 internship program. Dr. van Eys recused herself. The motion carried. Dr. Auble made a motion, seconded by Mr. Bercaw, to approve Eling Cheah, Psychologist/HSP applicant, to be issued a provisional license and scheduled for the EPPP and ethics and jurisprudence examinations, pending receipt of three (3) letters of recommendation for health service provider designation and a work visa. The motion carried. Mr. Bercaw made a motion, seconded by Dr. Auble, to approve Jacqueline Williams, Psychologist/HSP applicant, to be issued a temporary license and scheduled for the EPPP and ethics and jurisprudence examinations. Dr. van Eys recused herself. The motion carried. The Board reviewed and discussed the procedures for using Microsoft Live and the web sites to verify APA and APPIC internship programs with the new Board members. With no other board business to conduct Dr. Auble made a motion, seconded by Dr. van Eys, to adjourn at 11:35 a.m. The motion carried. 11