IDAHO LICENSING BOARD OF PROFESSIONAL COUNSELORS AND MARRIAGE AND FAMILY THERAPISTS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 2/3/2009

 

BOARD MEMBERS PRESENT:  Roberta Crockett, M.A. - Chair

                                                             Eric F. Jones, Ph.D.

                                                             Kathryn J. Hill

                                                             Jon W. Glick, M. Ed.

                                                             Nina J. Woods, M.Ed.

 

BOARD MEMBERS ABSENT:    Brenda Freeman, Ph.D.

                                                           

 BUREAU STAFF:                          Dawn Hall, Deputy Bureau Chief

                                                            James Stoll, Administrative Attorney

                                                            Emily Mac Master, Deputy Attorney General

                                                            Karl Klein, Deputy Attorney General

                                                            Marcie McGinty, Hearing & Appeals                                                                                  Coordinator

                                                            Dave Hotchkiss, Complaint Coordinator

                                                            Deborah Sexton, Records Specialist

 

OTHERS PRESENT:                     Jill Mitchell, Idaho Association of Marriage & Family Therapy

                                                            Dr. Jay Robertson, applicant

                                                            Nedra Toponce, applicant

                                                            John “Kip” Bishop, applicant

                                                            Maria Campbell, applicant

                                                            Jodie Lea, applicant

                                                             

Meeting was called to order at 9:03 MST by Roberta Crockett, M.A.

 

APPROVAL OF MINUTES

 

The Board reviewed the October 7th & 8th, 2008 minutes.  Mr. Glick moved to approve the minutes as written.  Seconded by Ms. Woods, motion carried.

 

The Board reviewed the December 11th, 2008 minutes.  Ms. Woods moved to approve the minutes as amended.  Seconded by Ms. Hill, motion carried.

 

DISCIPLINE

 

Mr. Klein presented COU-2008-22. Mr. Glick moved to authorize the Attorney General’s Office to close COU-2008-22. Seconded by Ms. Woods, motion carried.

 

Ms. Mac Master presented COU-2008-23. Dr. Jones moved to authorize the Attorney General’s Office to close COU-2008-23 and send an advisory letter. Seconded by Mr. Glick, motion carried.

 

Ms. Mac Master presented COU-2009-4. Mr. Glick moved to authorize the Attorney General’s Office to close COU-2009-4 and send an advisory letter. Seconded by Ms. Woods, motion carried.

 

Ms. Mac Master presented COU-2008-19. Ms. Crockett recused herself and turned the gavel over to Ms. Woods. The Board discussed COU-2008-19 and made recommendations to the Attorney General’s Office. Ms. Woods turned the gavel back to Ms. Crockett.

 

Ms. Mac Master presented COU-2008-2.  Mr. Glick recused himself from this matter.  Dr. Jones moved to approve the stipulation and consent order, and authorize the Chair to sign on behalf of the Board.  Seconded by Ms. Woods, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Hall presented the legislative update to the members of the Board.

 

FINANCIAL REPORT

 

Ms. Hall gave the financial report, which showed a negative cash balance of $37,926.86 with revenues of $98,790.00 and expenditures of $120,965.49 as of 1/31/2009. The financial report can be found on the Bureau’s website at https://secure.ibol.idaho.gov/eibolpublic/tmpfinbudget.aspx?Bureau=cou.

 

The Board discussed fee increases. It will be added to the strategic plan agenda.

                    

INVESTIGATIVE REPORT

 

Fiscal Year 2009 (to date)

            Total Complaints received                                                                                       21

                        (Including 3 CE audit files.)

            Status:

                        Closed by Board action                                                                       1

                        Pending Office of the Attorney General                                         3

                        Pending IBOL disciplinary action                                                     2

                        Remaining under investigation                                                       13

                        Awaiting Board determination                                                          2

 

Fiscal Year 2008

            Total Complaints received                                                                                       33

                        (Including 16 CE audit files.)

            Status:

                        Closed by Board action                                                                       7

                        Closed following disciplinary action                                                4

                        Pending Office of the Attorney General                                         6

                        Pending IBOL disciplinary action                                                     5

                        Remaining under investigation                                                         9

                        Awaiting Board determination                                                          2

 

Fiscal Year 2007

            Total Complaints received                                                                           40

                        (Including 15 CE audit files.)

            Status:

                        Closed by Board action                                                                     16

                        Closed following disciplinary action                                               8

                        Pending Office of the Attorney General                                      10

                        Pending IBOL disciplinary action                                                     2

                        Remaining under investigation                                                         4

 

Fiscal Year 2006

            Total Complaints received                                                                           13

            Status:

                        Closed by Board action                                                                       9

                        Closed following disciplinary action                                               1

                        Pending Office of the Attorney General                                         2

                        Awaiting Board determination                                                          1 

 

For Board Determination:

  

I-COU-2008-18       C alleged that for the past 5 years R has verbally and physically assaulted the C on several occasions.  C also states that the R has made comments about the C’s religion and verbally abused other people about their size, weight and how they dressed.  C also alleged that the R extorted money from the C on two separate occasions and threatened to put the C in jail if the C did not comply. INV revealed that R provides group counseling for convicted felons.  INV revealed that the R billed monthly for group sessions and that clients were required to pay regardless of attendance.  The C believed this to be improper and extortion.  INV revealed that R & C appear to have a personal conflict but the INV did not reveal evidence or witness confirmation regarding the allegations of threats, abuse, assault or other violations.  IBOL recommends the Board authorize closure.  Dr. Jones moved to accept IBOL’s recommendation for closure in this matter.  Seconded by Mr. Glick, motion carried.

 

I-COU-2008-26       R attempted to reinstate license and did not provide any CEs for the prior 12 months before renewal. R submitted letter explaining CE and confusion with the renewal period.  Review concluded that R had met the CE requirement by carrying forward 3 hrs of ethics and 2 hours of regular CE together with the 15 obtained after initially attempting to reinstate.  IBOL recommends closure with an advisory letter. Ms. Woods moved to accept IBOL’s recommendation for closure in this matter with an advisory letter.  Seconded by Dr. Jones, motion carried.

 

I-COU-2009-2         C alleged the R was not properly supervising a drug and alcohol rehabilitation specialist. INV revealed the R is program manager for the drug and alcohol counseling, sex offender program, anger management and mental health programs and supervises 18 case managers in a correctional facility.  R provided complete information concerning the program and R's responsibilities. INV also revealed that the complaint is a "he said - she said" situation and there was no evidence obtained to support the allegation or a violation.  IBOL recommends the board authorize closure. Dr. Jones moved to accept IBOL’s recommendation for closure in this matter.  Seconded by Mr. Glick, motion carried.

 

I-COU-2009-6         C alleged the R is counseling the child of the C for drug court.  C alleged the R stated to the client that "that there is no hope for you and there is nothing more I can do for you" and "This is my happy face because you are locked up." INV revealed the R said the C was not present when the first comment was made and the comment was taken out of context.  R said the client failed all attempts of the drug court by violating probation and lying and not wanting to take part in the counseling.  R stated it was hopeless if the client is refusing to comply.  The second statement could not be substantiated or supported as the C will not make contact with the INV to collaborate the client statements.  INV did not reveal evidence to support the allegations or a violation.  IBOL recommends the Board authorize closure. Mr. Glick moved to accept IBOL’s recommendation for closure in this matter.  Seconded by Ms. Woods, motion carried.

 

Ms. McGinty presented the Board with COU-2009-3. Dr. Jones moved to approve the stipulation and consent order, and authorize the Chair to sign on behalf of the Board.  Seconded by Ms. Woods, motion carried.

 

Ms. McGinty presented the Board with COU-2009-5.  Dr. Jones moved to dismiss COU-2009-5 with an advisory letter.  Seconded by Mr. Glick, motion carried.

 

Ms. McGinty presented the Board with COU-2009-11. Mr. Glick moved to approve the stipulation and consent order, and authorize the Chair to sign on behalf of the Board.  Seconded by Dr. Jones, motion carried.

 

NEW BUSINESS

 

The Board reviewed correspondence from Joan Sheehan.  Ms. Woods moved to decline Ms. Sheehan’s request based on Idaho Code 67-2614. Seconded by Ms. Hill, motion carried.  Ms. Hall will respond.

 

The Board reviewed correspondence from Eric Johnsen regarding post-graduate supervision.  The Board tabled this to be reviewed later. The Counselors and Therapists law grants the Board authority to promulgate rules governing the practice of counseling, as well as the exclusive right to interpret and enforce its law and rules. 

 

Dr. John “Jay” Robertson addressed the Board in regard to his application.

 

EXECUTIVE SESSION

 

Ms. Woods moved to enter into executive session under Idaho Code 67-2345 (1) (d), to consider records that are exempt from disclosure.  Seconded by Dr. Jones, motion carried. Individual vote for this motion was: Ms. Crockett, aye; Dr. Jones, aye; Ms. Hill, aye; Mr. Glick, aye; and Ms. Woods, aye.

  

Dr. Jones moved to enter into regular session.  Seconded by Mr. Glick, motion carried. Individual vote for this motion was: Ms. Crockett, aye; Dr. Jones, aye; Ms. Hill, aye; Mr. Glick, aye; and Ms. Woods, aye.

 

The Board broke for lunch 12:10 p.m.

 

The Board was called back to order at 1:15 p.m.

 

PROPOSED LAW AND RULE CHANGES

 

The Board discussed Rule 150.01.a.iii.  Mr. Glick moved to request counsel draft a proposed rule change to eliminate the phrase “at least six of the eight areas” and specify one unique course in all eight areas must be met and a course cannot be listed twice.  Seconded by Ms. Woods, motion carried.

 

The Board discussed Rule 245.  Dr. Jones moved to request counsel draft a proposed rule change to take out “prior to commencement” and add “or LPC.” Seconded by Mr. Glick, motion carried.

 

The Board discussed Rule 250.b.  Ms. Woods moved to request counsel draft a proposed rule change to strike the $25.00 exam fee from the professional counselors.  Seconded by Dr. Jones, motion carried.

 

Ms. Woods moved to request counsel draft a proposed rule to add the Board’s continuing education policy into rule and limit the number of online continuing education to a maximum of 10 hours specifying the three hours of ethics cannot be obtained online.  Seconded by Mr. Glick, motion carried.

 

The Board will discuss all rule changes at the next meeting.

 

CORRESPONDENCE      

 

The Board reviewed correspondence from Dr. Eric Johnsen regarding post-graduate supervision. The Counselors and Therapists law grants the Board authority to promulgate rules governing the practice of counseling, as well as the exclusive right to interpret and enforce its law and rules.  Dr. Jones moved to request legal counsel draft a letter to Dr. Johnsen.  Seconded by Mr. Glick, motion carried.

 

The Board reviewed Rule 300.01.  Mr. Glick moved to direct counsel draft a proposed rule to include language that reads “substantially equal to Idaho.” Seconded by Ms. Hill, motion carried.

 

EXECUTIVE SESSION

 

Mr. Glick moved to enter into executive session under Idaho Code 67-2345 (1) (d), to consider records that are exempt from disclosure.  Seconded by Ms. Woods, motion carried. Individual vote for this motion was: Ms. Crockett, aye; Dr. Jones, aye; Ms. Hill, aye; Mr. Glick, aye; and Ms. Woods, aye.

  

Mr. Glick moved to enter into regular session.  Seconded by Dr. Jones, motion carried. Individual vote for this motion was: Ms. Crockett, aye; Dr. Jones, aye; Ms. Hill, aye; Mr. Glick, aye; and Ms. Woods, aye.

 

The Board reviewed correspondence from Nate Hamlin.  Ms. Woods moved to direct legal counsel draft a response. Seconded by Mr. Glick, motion carried.

 

DISCIPLINE

 

Ms. Hall presented the Board with the following disciplinary case:

 

I-COU-2006-5         C alleges that R diagnosed a minor child with a mental illness from the DSM-IV-TR without ever interviewing or doing a face-to-face evaluation with the child.  C alleged that R later admitted to the allegation. INV revealed that the R admitted to preparing an evaluation after meeting with family members about a child’s behaviors and that prior medical records were reviewed that confirmed a diagnosis.  R said it was not possible to meet with that child due to the child's incarceration.  R would not provide documentation without a specific client name being provided. R noted that a clear policy is now in place requiring face-to-face client contact prior to preparing evaluations.  INV also revealed that C would not provide the name of the client or the actual evaluation with the alleged diagnosis. Sent to the DAG for review. DAG review concluded that, based on the date of the complaint, R’s evaluation occurred at a time when the Board had adopted a non-existent version of the code of ethics. As previously discussed, the DAG is declining prosecution of a licensee for code of ethics violations during those years. Based on the DAG review, IBOL recommends the Board authorize closure with an advisory letter.  Ms. Woods moved to accept IBOL’s recommendation for closure in this matter with an advisory letter.  Seconded by Dr. Jones, motion carried.

 

OLD BUSINESS

 

The Board discussed the CRCE (certified rehabilitation counselor examination). The Board has not found sufficient evidence that the CRCE is equivalent to the NCE (National Counselor Exam).  No action was taken.

 

The Board said if a group wanted to approach this Board regarding licensing of drug & alcohol rehabilitation specialists, they would be open to the dialogue. 

 

The Board discussed upcoming Board appointments and the process of becoming a Board member.

 

The Board reviewed correspondence from John Oakley in regard to under what circumstances can an undergraduate be paid for counseling services and under what circumstances can a registered intern be paid for counseling services. Dr. Jones moved to direct legal counsel draft a response.  Seconded by Ms. Woods, motion carried.

 

Conferences

 

IDAMFT – September 18th & 19th, 2009 – Boise State University

AMFTRB – September 9th -10th, 2009 – Denver, Colorado

CLEAR – September 10th- 12th, 2009 – Denver, Colorado

ISCA – October 2009

AASCB – January 7th – 9th, 2010 – Lake Buena Vista, Florida

ICA – January 2010 – Boise, Idaho

NBCC – Summer 2010

 

The Board reviewed correspondence from Greg Ward in regard to IDOC changing the exam.  The Board requested Ms. Sexton reply back.

 

The Board reviewed correspondence from Jennifer Carter.  The Board requested Ms. Sexton to reply back.

 

The Board reviewed a request for accommodations from applicant #901025517.

 

EXECUTIVE SESSION

 

Mr. Glick moved to enter into executive session under Idaho Code 67-2345 (1) (d), to consider records that are exempt from disclosure.  Seconded by Ms. Hill, motion carried. Individual vote for this motion was: Ms. Crockett, aye; Dr. Jones, aye; Ms. Hill, aye; Mr. Glick, aye; and Ms. Woods, aye.

  

Ms. Woods moved to enter into regular session.  Seconded by Mr. Glick, motion carried. Individual vote for this motion was: Ms. Crockett, aye; Dr. Jones, aye; Ms. Hill, aye; Mr. Glick, aye; and Ms. Woods, aye.

 

Dr. Jones moved to approve accommodations for applicant #901025517 for time and a half.  Seconded by Mr. Glick, motion carried.

 

The Board reviewed correspondence from Rob Wilkinson in regard to being a registered supervisor.  Specifically if a licensed professional counselor is registered as a supervisor and upgrades to the licensed clinical professional license, the supervisor status would also be upgraded.  The Board agreed the supervisor status would also be upgraded.

 

EXECUTIVE SESSION

 

Mr. Glick moved to enter into executive session under Idaho Code 67-2345 (1) (d), to consider records that are exempt from disclosure.  Seconded by Ms. Woods, motion carried. Individual vote for this motion was: Ms. Crockett, aye; Dr. Jones, aye; Ms. Hill, aye; Mr. Glick, aye; and Ms. Woods, aye.

 

Ms. Crockett turned the gavel over to Ms. Woods and was excused.

 

Mr. Glick moved to enter into regular session.  Seconded by Dr. Jones, motion carried. Individual vote for this motion was: Dr. Jones, aye; Ms. Hill, aye; Mr. Glick, aye; and Ms. Woods, aye.

 

Dr. Jones moved to adjourn the meeting at 4:40 p.m.  Seconded by Mr. Glick, motion carried.

 

Board Meeting Minutes of 2/4/2009

 

 

BOARD MEMBERS PRESENT:  Roberta Crockett, M.A. - Chair

                                                             Kathryn J. Hill

                                                             Jon W. Glick, M. Ed.

                                                             Nina J. Woods, M.Ed.

 

BOARD MEMBERS ABSENT:    Brenda Freeman, Ph.D.

                                                            Eric F. Jones, Ph.D.

                                                           

BUREAU STAFF:                           Deborah Sexton, Records Specialist

                                                           

EXECUTIVE SESSION

 

Mr. Glick moved to enter into executive session under Idaho Code 67-2345 (1) (d), to consider records that are exempt from disclosure.  Seconded by Ms. Woods, motion carried. Individual vote for this motion was: Dr. Jones, aye; Ms. Hill, aye; Mr. Glick, aye; and Ms. Woods, aye.

 

Mr. Glick moved to enter into regular session.  Seconded by Ms. Woods, motion carried. Individual vote for this motion was: Dr. Jones, aye; Ms. Hill, aye; Mr. Glick, aye; and Ms. Woods, aye.

 

APPLICATIONS

 

Denied

 

Ms. Hill moved to deny applicants Jodie Lea and Mark Senior.  Seconded by Ms. Woods, motion carried.

 

Pending

 

Ms. Woods moved to table the actions in regard to applicant 901104697 pending receipt of additional information for the Board’s review.  Seconded by Mr. Glick, motion carried.

 

Ms. Woods moved to approve Diana Hicke licensure pending receipt of official transcripts to the Bureau of Occupational Licenses. Seconded by Mr. Glick, motion carried.

 

Approved

 

Mr. Glick moved to approve the following applicants for licensure.  Seconded by Ms. Woods, motion carried.

 

LAMFT4106  HAMLIN NATHAN MATHIAS

LMFT  4194   ROBERTSON JOHN "JAY" A Ph.D.

LMFT  4223   HARRELL SUSAN P

LMFT  4228   TOPONCE NEDRA 

LMFT  4290   POWELL JAMES HERBERT

LMFT  4299   HUMPHREY MARCY LYNN

LMFT  4314   ANDERSON ELIZABETH A Ph.D.

LPC    3764   MANDILOFF VALERIE 

LPC    3777   SPENGLER MICHAEL 

LPC    3805   BERTHON MICHELLE 

LPC    4032   BOWLES STEPHANIE J

LPC    4090   RECORD SUSAN NASSER

LPC    4131   MORRISSETTE ROBERT 

LPC    4134   BAROWSKY DENAE 

LPC    4168   WADSWORTH TREVA RAE

LPC    4178   BORSELLA ELIZABETH JOHNSTON

LPC    4184   KHERICHA NASEEM 

LPC    4187   KELSEY DIANA LYNN

LPC    4216   BRUNER LO BELLO HEIDI 

LPC    4239   JOSEPH ANNE 

LPC    4248   ROSE KERIN GRACE

LPC    4252   KOLOSKI INGRI SUZANNE

LPC    4289   TAYLOR LINDA DIANE

LPC    4291   THOMPSON CHANIN LEE

LPC    4293   SCHOTTELKORB APRIL ANNE PH.D.

LPC    4297   WESTCOTT GINA R

LPC    4301   FLEMING JEREMY JOSEPH

LPC    4302   JENKINS DONALD RAY

LPC    4303   PECK KAREN K

LPC    4308   DURHAM MELISSA 

LCPC 3991   WILLIAMSON LARRY 

LCPC 4100   BUSHEE DARREN A.

LCPC 4110   HARRIS MICHELE

LCPC 4139   GREEN PAULA D.

LCPC 4148   HARRAWOOD LAURA K

LCPC 4155   GOETTEMOELLER JODI L

LCPC 4189   QUIROZ JENNY CHRISTINA

LCPC 4191   CAMPBELL MARIA 

LCPC 4192   KNUDSEN RONDA K.

LCPC 4205   WILKINSON ROBERT SHAUN

LCPC 4218   HILL CHUCK 

LCPC 4251   KREAMAN KIMBERLY 

LCPC 4254   CAFFERTY CAMILLA 

LCPC 4258   THOMPSON HEATHER 

LCPC 4260   GRAVELLE SHAWN S

LCPC 4274   BOZORG-OMID RENEE LYNN

LCPC 4298   BISHOP JOHN K

LCPC 4300   BUSS BARCLAY 

LCPC 4313   ANDERSON ELIZABETH A Ph.D.

 

APPROVED FOR INTERN

 

MFTI   4296   THOMAS AMANDA L

MFTI   4317   HAMM JEFFREY M

COUI   4304   HARRIS JIM 

COUI   4306   PEISNER STEPHEN EARL

COUI   4310   BENNETT CHRISTOPHER DANIEL

COUI   4288   COONS ALENA CHRISTINE

COUI   4294   SPENDLOVE REX ALAN

 

            Mr. Glick moved to pay the annual membership dues to AMFTRB (Association of     Marital and Family Therapy Regulatory Boards). Seconded by Ms. Hill, motion       carried.

           

ADJOURNMENT

 

            Ms. Hill moved to adjourn the meeting at 4:00 p.m. Seconded by Ms. Woods,            motion carried.

 

2009 MEETING DATES

 

May 5th & 6th, 2009

July 7th & 8th, 2009

October 6th & 7th, 2009

 

 

 

_________________________________      _________________________________

Roberta Crockett, M.A., Chair                         Brenda Freeman, Ph.D.

_________________________________      _________________________________

Eric F. Jones, Ph.D.                                          Kathryn J. Hill

_________________________________      _________________________________

Jon W. Glick,  M. Ed.                                      Nina J. Woods, M.Ed.

_________________________________

Tana Cory, Bureau Chief