IDAHO STATE BOARD OF PROFESSIONAL COUNSELORS AND MARRIAGE AND FAMILY THERAPY

Regular meeting

February 7-8, 2006

ROLL CALL: Jerome Fischer, Ph.D., Chairman

Bobbie Birdsall Ph.D.

Brenda Freeman, Ph.D.

Eric Jones, Ph.D.

ABSENT/EXCUSED Roberta Crockett, M.A.

Kathryn T. Hill

BUREAU PRESENT: Rayola Jacobsen, Bureau Chief

Budd Hetrick, Deputy Bureau Chief

Roger Hales, Administrative Attorney

Dena Wagner, Technical Records Specialist I

Marcie McGinty, Administrative Assistant / Investigative Unit

ALSO PRESENT: Heidi Deschamps, ICA

Chantel Jones, IMHCA

Roger Gabel, Deputy Attorney General

Dick Craig, NNU

Sage Roberts, LMFT Board

Kendra Lutes, Applicant

Chairman Jerome Fischer opened the meeting at 9:05 a.m.

Ms. Jacobsen presented the legislative report. New fees have been approved along with the increase in the number of supervisees per supervisor and the addition of the administrative fee for the exam. Rules will go into effect upon adjournment.

Ms. Jacobsen presented the financial report showing a positive balance of $37,325.01 as of 12/31/2005. Beginning balance at the end of fiscal year 2005 was $71914.87 with current revenue being $55447.81 and expenditures $90037.67.

Ms. Jacobsen gave a brief overview for contactors registration. There are nearly 10,000 contractors with registration in hand and approximately 3,500 are in various stages of the process. The Board meets once a week and reviews each application carefully. Nearly 55,000 brochures were distributed with mailings and meetings to inform the public about this new Board. For four weeks the Bureau averaged over 500 calls per day before the deadline of January 1, 2006. Currently there are temporary personnel in the office to assist with 1,200 applications that were recently received.

Dr. Birdsall discussed her trip to the AASCB Conference. The meeting was supposed to be in New Orleans but due to hurricane Katrina it was moved to Phoenix, Arizona. The major focus was the change of portability. Twenty states agreed to use portability guidelines. The decision is still up to each individual state to use portability guidelines or not. The National Credentials registry is now up and running. Cost is approximately $150 to bank credentials and $25 a year for renewal. The advantage of banking credentials is to add security in case of the death of a supervisor, natural disasters and other situations. They are CACREP approved and are mostly used to preserve supervised hours. Idaho is still gathering information before accepting a National Credential Registry. Idaho regulations may need to be in line with other states before starting this new process. Additional portability information may be found on the IBOL website under the Professional Counseling Board. Dr. Birdsall stated that the endorsement rule helps with the applications process but in talking with Dr. Nelson on the Psychologist Board, it was learned that the use of credentialing has made applying easy for psychologists. Dr. Birdsall asked Attorney, Roger Hales, about increasing the supervised hours under Tier 2. Dr. Freeman stated the Board was not looking into portability for LCP but rather for LCPC. Council stated that additional rules submitted to governor’s office by August 1^st then go to the Administrative Bulletin and are published statewide for public comment. If 21 or more people request a hearing, the Board would be required to have one. Dr. Freeman suggested surveying the first 20 states who volunteered for the program to assist in Idaho’s decision making. Dr. Fischer stated the issue could be discussed further at the May and July Board meetings. Currently the endorsement rule assists applicants in portability. Dr. Birdsall pointed out that the Board may start the new process at anytime, as there is no timeframe and proposes an approach with wisdom rather than jumping on board immediately.

Copies of the Informed Consent – Counselor Disclosure Statement were distributed for review for Online Counseling. Dr. Fischer stated that online counseling should not be substituted for face-to-face since there are not any non verbal cues if you cannot read body language. Dr. Freeman clarified some information regarding online counseling with a book “Online Therapy”. Attorney, Roger Hales, stated that the form needs to be revised to remain consistent. Ethical issues need to be identified along with reviewing the codes. This may be as simple as reviewing to make statements neutral between Counselors and MFT’s.

Confidentiality concerning e-mail was reviewed and clarified by Council regarding counselor and client as well as employer vs. employee. Dr. Freeman suggested running Informed Consent thru HIPPA rules to ensure compliance of federal laws.

Dick Craig from NNU presented proposals for additions in post masters coursework. Applicants must meet CACREP or be licensed as an LPC in Idaho. NNU would like some feedback from the Board and would like to start advertising as soon as possible. A copy will be forwarded to Ms. Crockett for review.

Meetings being held in 2006 were discussed. The AAMFTRB will be held in Alexandra, Virginia September 14 – 16. Ms. Crockett had said she would like to attend. Dr. Fischer mentioned that two Board members usually attend this meeting. The AASCB will be held this year also. Dr. Fischer suggested that Dr. Birdsall attend and that he would attend should Dr. Birdsall decide against going.

Ms. Jones from IMHCA presented a situation of non-payment from insurance. Blue Cross will not pay counselors for Bio Feedback until there is a ruling from the Board or Attorney General. Ms. Jones asked the Board if they would write a letter regarding this matter. Dr. Birdsall stated that she was not sure if the Board works in this role and asked to defer the question to Council.

Status on the pamphlet for “Licensed Professional Counselors of Idaho” by Dr. Craig was discussed. Dr. Freeman proposed communicating with organizations that pamphlet is still in process with no completion date.

Bio feed back information was presented to Attorney, Roger Hales by Dr. Fischer. Council stated Board many take position on this and recommended the Medical Association submit a letter specific to this matter to assist the Board with their position on this.

Chair moved to recess for lunch at 11:30 a.m.

Chairman Jerome Fischer called the meeting back to order at 1:10 p.m.

Dr. Fischer reviewed information from Dr. Craig with Dr. Jones. Dr. Jones will contact Ms. Crockett concerning supervised experience hours ratio along with the coursework information.

Roger Gabel, Deputy Attorney General, reviewed a memorandum that was distributed by Ms. McGinty. The memo was reviewed by the board and it was suggested to place the first case as a suspension withheld with a $500 fine and court costs. Dr. Birdsall asked who filed the complaint and who could have made the distinction between counselor and psychologist in court. Final decision is a 6 month suspension of license, withheld, and a $500 fine with court cost.

In the second case on the memo, an advisory letter is to be sent.

Concerning the third case in the memo regarding a client / counselor relationship, an affidavit from the employer states that the counselor has violated the rules. Dr. Fischer stated that since this is a drug and alcohol counselor, this would fall under federal guidelines. Agency is now stating there is no violation. Dr. Jones stated that counselor needs to follow guidelines, including the unspoken guidelines of a supervisor. A letter with ACA Guidelines along with instruction will be sent.

Dr. Birdsall made a motion for Dr. Fischer to sign a court stipulation in Ms. Crockett’s place. Dr. Freeman seconded the motion.

Dr. Jones made a motion to accept evidence from Emily Masters for CEU’s and release of information. Approved as submitted. Dr. Freeman seconded.

Applicant approached the Board to discuss possibility of using endorsement rule to obtain LCPC in Idaho rather than apply for LPC. Applicant was licensed in Washington for one year but had practiced for five. She has completed one year of post-graduate training in addition to her master’s degree and has passed both the NCE and NCMHCE. Board educated applicant on regulations.

Dr. Birdsall moved to go into executive session to consider records that are exempt from disclosures as provided in chapter 3, title 9, Idaho Code. Dr. Jones seconded the motion and it carried.

Dr. Birdsall moved to come out of executive session. Dr. Freeman seconded the motion.

The first day of the meeting adjourned at 3:55 p.m. on 02/07/2006.

Chairman Jerome Fischer called the second day of the Professional Counseling Board to order at 9:05 a.m.

Dr. Jones moved to go into executive session to consider records that are exempt from disclosures as provided in chapter 3, title 9, Idaho Code. Dr. Birdsall seconded the motion and it carried.

Dr. Birdsall moved to come out of executive session. Dr. Jones seconded the motion.

Mr. Hetrick presented the investigation report:

Investigation Trends

FY: 2006 10 complaints to date, 9 under investigation, 1 awaits Board determination

FY: 2005 28 complaints, 6 closed without action, 3 referred for formal action, 17 remain under investigation and 2 await Board determination.

FY: 2004 26 complaints, 13 closed without action, 6 referred for formal action, 4 remain under investigation and 2 await Board determination.

FY: 2003 21 complaints, 12 closed without action, 4 referred for formal action, 4 remain under investigation and 1 awaits Board determination.

COU-P4-1-03-19 Bureau recommends closure. Dr. Freeman moved to close. Seconded by Dr. Jones.

COU-P4-2-04-2 Bureau recommends closure. Dr. Freeman moved to close. Seconded by Dr. Jones.

COU-P4C-2-04-16 Bureau recommends closure. Dr. Jones moved to close. Dr. Birdsall seconded.

COU-L4-2-05-8 Bureau recommends closure. Dr. Jones moved to close. Dr. Freeman seconded.

COU-P3A-2-05-12 Bureau recommends closure. Dr. Birdsall moved to close. Dr. Jones seconded.

COU-P4C-2-06-6 Bureau recommends closure. Dr. Birdsall moved to close. Dr. Birdsall seconded.

Dr. Jones moved to go into executive session to consider records that are exempt from disclosures as provided in chapter 3, title 9, Idaho Code. Dr. Freeman seconded the motion and it carried.

Dr. Birdsall moved to come out of executive session. Dr. Jones seconded the motion.

Meeting adjourned for lunch at 11:40 a.m.

Meeting was called back to order at 12:45 p.m.

Dr. Jones moved to go into executive session to consider records that are exempt from disclosures as provided in chapter 3, title 9, Idaho Code. Dr. Freeman seconded the motion and it carried.

Dr. Birdsall moved to come out of executive session. Dr. Jones seconded the motion.

Ms. McGinty presented two requests for licenses that have past records. The first applicant has met requirements and is seeking approval of continuing education. His supervisor has submitted a letter supporting this applicant.

Dr. Birdsall moved to reinstate license LCPC-20. Dr. Jones seconded.

Ms. McGinty presented the second request. Licensee states that she has attempted to reach the Bureau. This licensee would like approval on supervision and would also like direction on where to make payments. Ms. McGinty will draft a letter to clarify. Board is requesting additional information on job description, function, and if supervisor is licensed.

Dr. Freeman moved to go into executive session to consider records that are exempt from disclosures as provided in chapter 3, title 9, Idaho Code. Dr. Jones seconded the motion and it carried

Dr. Jones moved to come out of executive session. Dr. Freeman seconded the motion.

Dr. Jones moved to terminate an old file with no action since 1998 for Brent Johnson. Dr. Birdsall seconded the motion.

Dr. Birdsall moved to License those applicants who were approved by the Board and to send letters to the rest.

The meeting was adjourned at 4:30 p.m.

Licenses Issued

LPC

Abeer Abdo LPC-3482 02/09/06

Carrie Alexander Albritton LPC-3610 02/09/06

Katie Anderson LPC-3597 02/09/06

Sherri Dawn Bain LPC-3479 02/09/06

Connie Benke LPC-3351 02/09/06

Victor Bennett LPC-3522 02/09/06

Ashley Bringhurst LPC-3470 02/09/06

Marlene Darling LPC-3621 02/09/06

Reed Finlayson LPC-3533 02/09/06

Melissa Freeburg LPC-3346 02/09/06

Cyndia Glorfield LPC-3393 02/09/06

Shawn Gravelle LPC-3523 02/09/06

Penelope Hansen LPC-3602 02/09/06

Dea Hibdon LPC-3483 02/09/06

Wynn Hill LPC-3611 02/09/06

Larry Lutz LPC-3496 02/09/06

Caroline Noronha D’Souza LPC-3537 02/09/06

Wayne Nubile LPC-3159 02/09/06

Gary Pate LPC-3625 02/09/06

Michael Pitts LPC-3593 02/09/06

Stacy Pray LPC-3306 02/09/06

David Reynolds LPC-3385 02/09/06

John Schrom LPC-3542 02/09/06

Renea Sowder LPC-3536 02/09/06

Elicia Spotts LPC-3581 02/09/06

Gregory Sutton LPC-3508 02/09/06

Megan Taylor LPC-3520 02/09/06

Steven Ugaki LPC-3499 02/09/06

Jerri Walker LPC-3594 02/09/06

Lisa Williams LPC-3500 02/09/06

Randy Williams LPC-3333 02/09/06

Levi Wimer LPC-2872 02/09/06

Doug Yarbrough LPC-3484 02/09/06

Julie Zapadka LPC-3244 02/09/06

LCPC

Alisa Ellis LCPC-3497 02/13/06

Ronald Jones LCPC-3560 02/13/06

Shawna Kissell LCPC-3467 02/13/06

Sandra LaRue LCPC-3481 02/13/06

Rosemary Luque LCPC-3480 02/13/06

Vicki Stull LCPC-3613 02/13/06

Valarie Zuniga-Carr LCPC-3515 02/13/06

LMFT

Marilyn Brown LMFT-3513 02/13/06

Robert Park LMFT-3526 02/13/06

Bryan Ramboz LMFT-3600 02/13/06

INTERNS

Morrine Abercrombie COUI-3595 02/13/06

William Hansen COUI-3582 02/13/06

Keith Kurlander COUI-3552 02/13/06

Roy Spaulding COUI-3607 02/13/06