TENNESSEE BOARD OF EXAMINERS IN PSYCHOLOGY BOARD MEETING MINUTES

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1 TENNESSEE BOARD OF EXAMINERS IN PSYCHOLOGY BOARD MEETING MINUTES DATE: December 13, 2012 TIME: LOCATION: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: STAFF PRESENT: 9:00 a.m., CST Health Related Boards Iris Room 227 French Landing, Suite 150 Nashville, TN Jeffrey Erickson, Ph.D. Chair Pamela Auble, Ph.D., Vice Chair Anita Davis, Ph.D., J. Trevor Milliron, Ph.D. Mark Loftis, Ph.D., Senior Psychological Examiner George Bercaw, M.A., Senior Psychological Examiner Donald Brookshire, Psy.D. Rodney Sullivan, Ph.D. Brenda Hunter, Citizen Member Stacy Tarr, Interim Unit Director Melody Spitznas, Board Administrator Jennifer Putnam, Office of General Counsel OTHERS PRESENT: Dr. Frank Edwards, President of TPA Dr. Norman Stephenson Dr. Erickson, Chair, called the Board meeting to order at 9:23 a.m. A quorum was present. Dr. Erickson announced that Dr. Sullivan would not be at the meeting today due to his house burning. Dr. Erickson stated that Dr. Brookshire also would not be in attendance today due to resigning from the Board. Minutes 1

2 Dr. Davis made a motion, seconded by Dr. Auble, to approve the December 13, 2012 minutes as amended. OGC Report Ms. Putnam stated there is currently one open case in the Office of General Counsel. Ms. Putnam stated there is no new legislation concerning the Board of Examiners in Psychology. Ms. Putnam stated that the proposed changes to rules voted on and approved by the Board at the March 1, 2012 meeting are still in internal review and once the justification for the changes is approved, we will proceed with the rulemaking hearing. Investigative Report There are twenty (20) complaints open in the Office of Investigations. Five (5) cases of these were investigated and are pending second review. Four (4) cases are being investigated. Three (3) are currently being investigated regarding psychological examiners and there are no certified psychological assistants currently being investigated. Disciplinary Report Four (4) practitioners are on probation, eight (8) practitioners have had their licenses suspended/revoked, nine (9) practitioners are under Board orders and one (1) licensee was reprimanded. Mr. Bercaw asked Ms. Stone if the complaints are increasing compared to last year. Ms. Stone stated that they have increased as last year there were seventeen (17) complaints and this year it is up to twenty (20). Ms. Stone stated that the majority of the complaints are regarding unprofessional conduct. Administrative Report There are currently 1,341 active licensed psychologists, 495 active licensed psychological examiners/senior psychological examiners and 29 active certified psychological assistants. Ms. Spitznas stated that since the last board meeting, sixteen (16) new applications have been received for psychologists; two (2) senior psychological examiner upgrades and two (2) new applications for certified psychological assistants. From September 26, 2012 through December 7, 2012, fifty-nine (59) psychologists, fifteen (15) psychological examiners, and no certified psychological assistants renewed their license online. Ms. Spitznas asked the Board to encourage its colleagues to utilize the online renewal process, as it cuts costs and is an efficient way for licensees to renew their license. 2

3 Ms. Spitznas reviewed the 2012 Continuing Education Audit Report stating from the audit period January 2012 through June 2012, thirty-nine (39) psychologists were audited, with seventeen (17) being compliant and twenty-two (22) were non-compliant. Fourteen (14) psychological examiners were audited, with ten (10) being compliant and four (4) non-compliant. Tennessee Psychological Association (TPA) Dr. Norman Stephenson was present to address the Board regarding Applied Behavior Analysts (ABA s). Dr. Stephenson stated that ABA s are currently certified by the Department of Mental Health. Dr. Stephenson stated that about thirteen (13) years ago, the Board received a request from a psychologist with the Department of Mental Health and Mental Retardation. The Department of Mental Health and Mental Retardation wanted the psychologist, HSP, to be certified as an ABA. The Board at that time sent a very strong letter to the Department of Mental Health and Mental Retardation stating that psychologists with HSP designation were qualified to do behavior analysis as they learned this the first year of graduate school. The Board never heard anything else about the subject. Dr. Stevenson stated that, TPA s legislative director, Dr. Keith Hulse, was approached by Behavior Analysts about legislation regarding licensing ABA s. The Department of Mental Health would like to see the licensing or state certification of ABA s. Dr. Stevenson states that the Department of Mental Health has been using ABA s for years and they have their own organization that certifies them but he is not very impressed with the standards. Dr. Stevenson stated that former board member, Patti Van Eys, was also contacted about this issue. Dr. Stevenson states TPA has learned that some insurance companies reimburse the private practice of ABA s. Two (2) states, including Kentucky have state Behavior Analysis boards. Dr. Stephenson stated that there are ten (10) states that require behavioral analysis certification, in addition to an applied psychology license, in order to practice behavior analysis independently. The American Psychological Association (APA) and Association of State and Provincial Psychology Boards (ASPPB) model practice acts both include behavior analysis as part of the scope of practice of psychology. APA had reaffirmed that behavior analysis in an essential part of the practice of psychology. Dr. Stephenson stated that the ABA s would like to have their own board in Tennessee, but feel this will not happen because of the fiscal note and they do not think that the current legislature will want to spend the money; therefore, the ABA s inquired if they could be put under the Tennessee Board of Examiners in Psychology or as an alternative be placed under the Board of Professional Counselors. Dr. Stephenson stated that since it has already been established that behavior analysis is a basic part of the practice for psychology, it would be problematic to be put ABA s under the Board of Professional Counselors. Currently, the practice of applied behavior analysis is the master s level trained behavior analyst devises the treatment plan and implementation is done by a bachelor s level person. Dr. Stephenson stated that one of the driving forces is Autism Speaks, who is a strong legislative lobbying group. Dr. Stephenson explained what the ABA s want to do is to be put under the Board of 3

4 Examiners in Psychology, and have the master s level people be independent practitioners. Dr. Stephenson said that the TPA did not like this idea and could not support so the ABA s may want to introduce legislation on their own. Dr. Stephenson said it would be wise for TPA to devise and introduce legislation in competition because they do not like what the ABA s are proposing. Dr. Stephenson stated that the first priority is to make sure any legislation proposed regarding ABA s states that psychologists with HSP designation may practice behavior analysis and do not have to have any special certification, just hold a psychologist/hsp license. TPA s proposal is to put ABA s under the Board of Examiner in Psychology, as Certified Psychological Assistants and an ABA would have to be supervised by a licensed psychologist/hsp. TPA wants feedback from the Board. The problem is they are used to having bachelor s level technicians supervised by master s level people. If this came under the Board of Examiners in Psychology, it would be a psychologist/hsp supervising a master s level supervising a bachelor s level person. Dr. Stephenson stated that if the ABA s were to be Certified Psychological Assistants, they would have different educational requirements than the current Certified Psychological Assistants and specify the training in behavior analysis. The TPA feels the educational requirement for ABA s should have a master s in psychology, nothing else. Dr. Davis suggested a new category of CBA. Ms. Putnam stated in the event this comes to pass, she will need to do a bill analysis and state the Board s position. Ms. Putnam stated it does not seem feasible to put this under CPA s, but make it a separate certification and establish rules. Ms. Putnam asked the Board to go over pros and cons so she can put in her bill analysis. Dr. Davis is in favor of putting under this Board and stated the plus side of this certification being placed under this Board would allow room for the Board to develop rules and to define scope of practice and supervision guidelines and provide regulation to a certification that is not regulated. Dr. Auble stated she would like to help them, but also protect the citizens of Tennessee. It is the Board s position that it would support housing the profession of behavior analysis under the Board of Examiners in Psychology. Dr. Stephenson concluded by stating that the Board has been informed on TPA s position regarding this issue. Dr. Stephenson informed the Board that TPA and its chapters are providing the ethics and jurisprudence continuing education at its meetings statewide, with the exception of Chattanooga, as there is not a local chapter. The Board thanked Dr. Stephenson for his information. Financial Report Lisa Tittle was present to review the financial report for FY2012. There were direct expenditures of $95,679.80; indirect expenditures were $83, Revenues were $278, The cumulative carryover from FY2012 was $512, The current year net is $99, Ms. Tittle stated that her office would report to the Board with a mid-year projection at a future meeting. 4

5 New Licenses Dr. Loftis made a motion, seconded by Dr. Milliron, to approve the following newly licensed psychologists and add an additional name that was not included on this list: Khatidja Ali Laura Brown Coulam Jean Cobb Heather L Gammel Brandon Michael Hopkins Angela Jefferson Katharine Marie Nicodemus Brian S. Potter Jane Royse-Roskowski Salmaan Toor Rebecca West Allison McCormack Reinstatements Dr. Auble made a motion, seconded by Dr. Loftis, to approve the following reinstated psychologists: Marci Burroughs Neil Mogge Dr. Auble made a motion, seconded by Dr. Loftis, to approve the following reinstated psychological examiner: Glenda Smith EPPP Examination Dr. Davis made a motion, seconded by Dr. Auble, to approve the passing scores of the EPPP examination for the following candidates: James Casey Jean Cobb Heather Gamble 5

6 Rebecca West Daniel McCleary Carol Tully Ethics and Jurisprudence Examination Dr. Auble made a motion, seconded by Dr. Loftis, to approve the passing scores of the ethics and jurisprudence examination for the following candidates: Katharine Nicodemus Brian Scott Potter Angela Jefferson Neil Mogge Allison McCormack Khatidja Ali Laura Brown Coulam Heather Gammel Jane Royse-Roskowski Salmaan Toor Rebecca West Correspondence The Board reviewed 2012 continuing education hours submitted by Amanda Harrell regarding the 2010 and 2011 continuing education audit. Dr. Harrell mistakenly thought that she could obtain continuing education credits up to the date her license expired on February 29, Dr. Harrell offered the 2012 hours as make-up hours. Dr. Milliron made a motion, seconded by Dr. Davis to accept the hours submitted, as the Board has a Policy Statement that states the licensee has three (3) months to make up the deficient continuing education hours without penalty and the hours submitted cannot be used for the 2012 and 2013 continuing education requirement. The Board reviewed a letter from Barry Vinick, PhD. regarding the 2010 and 2011 continuing education audit. Dr. Vinick explained that he had been hospitalized in 2011 and did not obtain the required number of hours for the 2010 and 2011 audit period. Dr. Vinick requested the Board grant him an extension to complete the deficient hours. Dr. Auble made a motion, seconded by Dr. Loftis to allow Dr. Vinick three (3) months to make-up the deficient continuing education hours. The Board reviewed correspondence from Dr. Daniel Sullivan concerning the Board s definition of students of psychology. The Board stated the following is its position on what is considered an official student: The Board defines a student as an actively 6

7 registered student in a degree-granting program. Therefore, if a student has finished their predoctoral internship but not yet received their final transcript, it is the opinion of the Board that the individual is still an active student until receipt of that final transcript if the college/university deems the individual as such. The Board reviewed correspondence from Jamie King regarding her practicum experience concerning the Certified Psychological Assistant. The Board asked Ms. Spitznas to send Ms. King a letter referring her to the practicum rule and send her a copy of the Board s rules and regulations governing Certified Psychological Assistants. Ethics and Jurisprudence Exam Task Force Drs. Davis, Loftis, Auble and Brookshire took a percentage of the ethics and jurisprudence exam questions and indicated what standard or code the questions are referring to due to upcoming rules being implemented. Dr. Loftis plans to combine all of the information into one document for Version B of the exam. File Review Dr. Davis made a motion, seconded by Dr. Auble, to allow Jennifer Hixson to sit for the ethics and jurisprudence exam, pending receipt of the Licensure Endorsement Form from Dr. Dowel. Dr. Milliron made a motion, seconded by Dr. Loftis, to grant Kimberly Pratt a provisional license and schedule her for the EPPP. Dr. Milliron made a motion, seconded by Dr. Loftis, to allow Laura Shultz (currently doing postdoctoral supervised experience at the VA in Memphis) to sit for the EPPP examination. Dr. Milliron made a motion, seconded by Dr. Loftis, to grant Kerrie Murphy a provisional license and schedule her for the EPPP. Dr. Milliron made a motion, seconded by Dr. Auble to approve Tim Kelly to sit for the ethics and jurisprudence examination. Dr. Milliron made a motion, seconded by Dr. Davis, to approve JulieAnn Krogel to sit for the ethics and jurisprudence examination. Dr. Milliron made a motion, seconded by Dr. Auble, to grant Brook Ann Marcks a temporary license and schedule for the ethics and jurisprudence examination. The motion carried. Dr. Auble made a motion, seconded by Dr. Loftis, to approve Jill Stinson to sit for the ethics and jurisprudence examination. 7

8 Dr. Auble made a motion, seconded by Dr. Loftis, to issue Andrew Bloch a provisional license and approve him to sit for the EPPP examination. Dr. Auble made a motion, seconded by Dr. Davis, to issue Tamala Beeman a provisional license and approve her to sit for the EPPP examination. Dr. Auble made a motion, seconded by Dr. Davis, to approve Aleyne Eatman to sit for the ethic and jurisprudence examination. Dr. Davis made a motion, seconded by Dr. Loftis, to approve Sarah Jaser to sit for the ethics and jurisprudence examination. Dr. Davis made a motion, seconded by Mr. Bercaw, to approve Katie Haag to sit for the ethics and jurisprudence examination. Dr. Erickson recused himself. Dr. Loftis made a motion, seconded by Dr. Davis, for Ms. Spitznas to send Christopher Spaulding a letter stating that since his pre-doctoral internship was not APA or APPIC approved and he does not have enough postdoctoral supervised experience hours, he does not meet the Board s criteria to qualify for a psychologist license and should withdraw his application. Dr. Auble made a motion, seconded by Dr. Loftis, to issue Melissa Anderson a temporary license. Dr. Loftis made a motion, seconded by Dr. Auble to grant Erin Armour a provisional license and schedule her to sit for the EPPP. Dr. Loftis made a motion, seconded by Dr. Davis, to approve Carter Townsend to sit for the ethics and jurisprudence examination. Dr. Loftis made a motion, seconded by Dr. Davis, to approve the upgrade from psychological Examiner to senior psychological examiner for Elizabeth Roof. The motion carried. Dr. Loftis made a motion, seconded by Dr. Auble, to approve the reinstatement of Percy Beasley s psychological examiner license upon taking and passing the ethics and jurisprudence examination and instructed Ms. Spitznas to send him a letter stating he must obtain ongoing supervision from a licensed psychologist. Mr. Bercaw made a motion, seconded by Dr. Auble, to issue a provisional license to Beverly Whalen-Schmeller and schedule her for the EPPP. Mr. Bercaw made a motion, seconded by Dr. Auble to deny the certified psychological assistant application of Rhea Johnson, due to her practicum experience not meeting the Board s criteria and her letters of recommendation are not from psychologists. The Board recommends she withdraw her application. 8

9 Other Board Business With no other Board business to conduct, Dr. Davis made a motion, seconded by Dr. Loftis, to adjourn the meeting at 2:49 p.m. on December 13, Ratified by the Tennessee Board of Examiners in Psychology on March 14,

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