IDAHO LICENSING BOARD OF PROFESSIONAL COUNSELORS AND MARRIAGE AND FAMILY THERAPISTS

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 2/1/2011

 

BOARD MEMBERS PRESENT:  Nina J. Woods, M.Ed. - Chair

                                                             Roberta Crockett, M.A.

                                                             Brenda Freeman, Ph.D.

                                                             Dorothy Ann Spenner, LCPC, LMFT

                                                             Kathryn J. Hill

                                                            Jon W. Glick, M.Ed.

                                                           

 BUREAU STAFF:                          Tana Cory, Bureau Chief

                                                            Dawn Hall, Administrative Support Manager

                                                            Lori Peel, Investigative Unit Manager

                                                            Karl Klein, Administrative Attorney

                                                            Roger Hales, Administrative Attorney

                                                            Deborah Sexton, Technical Records Spec. II 

 

OTHERS PRESENT:                     C. Grant King, Attorney at Law

                                   

The meeting was called to order at 9:00 AM MST by Nina J. Woods, M.Ed.

 

APPROVAL OF MINUTES

 

The Board reviewed the October 5 & 6, 2010 minutes.  Ms. Crockett moved to approve the minutes as written.  Seconded by Mr. Glick, motion carried.

 

The Board reviewed the October 26, 2010 minutes.  Dr. Freeman moved to approve the minutes as written.  Seconded by Ms. Crockett, motion carried.

 

The Board reviewed the November 29, 2010.  Ms. Crockett moved to approve the minutes as written.  Seconded by Mr. Glick, motion carried.

 

LEGISLATIVE REPORT

 

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

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report to members of the Board, which showed a cash balance of $12,467.36 with revenues of $104,879.81 and expenditures of $87,805.73 as of 01/31/2011.

 

DISCIPLINE

 

Ms. Mac Master presented COU-2008-25 to members of the Board. The Board made recommendations to the Attorney General’s Office.                                        

 

Ms. Mac Master presented COU-2010-7 to members of the Board. The Board made recommendations to the Attorney General’s Office. 

 

Ms. Hill joined the meeting via telephone at 10:15 a.m.

 

Ms. Mac Master presented COU-2011-8 to members of the Board. The Board made recommendations to the Attorney General’s Office. 

 

Ms. Mac Master presented COU-2011-9 to members of the Board. The Board made recommendations to the Attorney General’s Office. 

 

Ms. Mac Master presented COU-2011-10 to members of the Board. The Board made recommendations to the Attorney General’s Office. 

 

Ms. Mac Master presented COU-2007-2 to members of the Board.  Ms. Crockett moved to approve the Stipulation and Consent Order, and authorize the Chair to sign on behalf of the Board.  Seconded by Mr. Glick, motion carried.

 

Ms. Mac Master presented COU-2009-12 to members of the Board.  Ms. Spenner moved to approve the Stipulation and Consent Order, and authorize the Chair to sign on behalf of the Board.  Seconded by Mr. Glick, motion carried.

 

Ms. Mac Master presented COU-2011-3 to members of the Board.  Dr. Freeman moved to approve the Stipulation and Consent Order, and authorize the Chair to sign on behalf of the Board.  Seconded by Mr. Glick, motion carried.

                                    

INVESTIGATIVE REPORT

 

Ms. Peel presented the investigative report to the members of the Board. 

 

For Board Determination:

 

I-COU-2009-8  C alleged R acted inappropriately during counseling by making unfounded assumptions, inappropriately discussing the idea of parent alienation with C’s children, and maintaining a private relationship with C’s ex-wife.  Investigation revealed that C was engaged in a high-conflict divorce and child custody case beginning in 2005 and continuing off and on through November 2010.  R’s records reflect that R saw the family for six sessions.  R denied C’s allegations, and C’s ex-wife informed the investigator that she and R only had a professional relationship, that C was verbally abusive to R and the ex-wife during one session, and she felt R had done an excellent job.  R’s co-worker provided a statement to the investigator regarding the session where she overheard C’s voice raised in a “tone of anger and aggressiveness” toward R and stated that R responded in a calm, respectful manner and was able to diffuse the situation.  During the course of the investigation, C informed the investigator that he wished to withdraw his complaint.  Based on C’s withdrawal of the complaint, IBOL recommends that the Board authorize closure. Ms. Crockett moved to accept IBOL’s recommendation for closure. Seconded by Mr. Glick, motion carried.

 

I-COU-2009-27  C alleged R failed to report a suicide attempt by C’s daughter (“Jane”) to proper authorities.  Investigation revealed that Jane was on felony probation and was ordered to participate in mental health treatment as part of her probation.  R began providing mental health services to Jane approximately three months prior to the suicide attempt.  On 2/25/09 the court ordered Jane to return to jail when she tested positive during a routine drug test, but allowed Jane time to arrange for child care before reporting to jail.  On 2/26/09 R received a call from C expressing concerns about Jane’s mental and emotional state and wanted to discuss a safety plan with R.  R informed C that she should seek emergency mental health assistance for Jane, and C informed R that she would be staying with Jane until she left for jail and C felt it was not necessary to hospitalize Jane.  Later in the day, Jane called R and was slurring her words.  (C had left Jane alone for a few minutes to run some errands.)  R asked Jane if she had used any intoxicants, and Jane denied using intoxicants.  R informed the investigator that he assessed Jane’s suicide intent by asking her if she was safe.  Jane asked R if cutting herself counted as not being safe, and R replied that Jane would have to make that decision herself.  R stated that he felt Jane was para-suicidal gesturing, and R stated he believed C was with Jane due to the earlier phone conversation. R stated that he discussed the safety plan with Jane and she agreed to follow it.  R stated that after the call with Jane, he discussed the call with another LPC in his office, and the other LPC concurred with the assessment.  R stated that two hours later he received a message from C that Jane had attempted suicide by cutting herself.  (Hospital records show that Jane’s cuts were superficial and Jane did not require any stitches.)  R stated that he visited with Jane on 2/27/09 and Jane expressed anger at R for not stopping her from harming herself.  R’s supervisor informed the investigator that another counselor was subsequently assigned to Jane because it appeared there was a breakdown of trust between R and Jane.  A pro reviewer reviewed the investigative file and found that (1) R’s records indicate that there was a safety plan developed by R, Jane and C to keep Jane safe, and when Jane called R Jane stated that she was safe and they discussed the safety plan and Jane agreed to follow it; (2) R was unaware that C had left Jane alone in violation of the safety plan; and (3) after speaking with Jane on the phone, R consulted with another LPC and that LPC agreed with R’s assessment of the situation.  The pro reviewer stated that while it is unfortunate that the incident happened, there was no evidence of gross incompetence on the part of R.  Based on the pro reviewer’s opinion, IBOL recommends that the Board authorize closure. Dr. Freeman moved to accept IBOL’s recommendation for closure. Seconded by Ms. Crockett, motion carried.

 

I-COU-2010-9  C alleged R fell asleep during a counseling session and billed for the entire session.  Investigation revealed that R is legally blind from Leber’s optic neuropathy and when his eye condition deteriorated in 2004 he retired for approximately 5 years.  R returned to counseling in August 2009 but, due to his eye condition, R stated that he sometimes closes his eyes as he concentrates on what he is hearing.  R stated that he does not recall if he told C about his vision loss but his general practice is to inform clients of his vision loss.  R’s records for his only session with C indicate that he was awake and attentive during the session.  The investigation did not reveal any evidence to support the allegation; therefore, IBOL recommends that the Board authorize closure. Mr. Glick moved to accept IBOL’s recommendation for closure and send an advisory letter. Seconded by Ms. Spenner, motion carried.

 

I-COU-2010-23  C alleged R had an “immoral relationship” that caused harm to clients.  Investigation revealed that C was required by the Dept. of Correction to participate in polygraphs, and C later alleged that the polygrapher made a sexual remark to a client at R’s agency.  Investigation also revealed that R did not have any contact with C.  As to the “immoral relationship,” the investigation revealed that R did work alongside her future husband at the agency and that both parties met with the agency director to ensure that they followed the agency’s policy regarding personal relationships.  The investigation was reviewed by a pro reviewer who found that R did not violate any ACA Codes of Ethics. IBOL recommends that the Board authorize closure. Dr. Freeman moved to accept IBOL’s recommendation for closure. Seconded by Ms. Crockett, motion carried.

 

I-COU-2010-38  C alleged R, an LCPC and Clinical Director of an agency, violated the ACA Code of Ethics by asking C to accept a case outside the agency in violation of a non-compete clause C had signed with the agency.  Investigation revealed that in January 2010 R began providing weekly piano lessons free of charge to two children in a family.  R informed the investigator that she had responded to an ad asking for a piano lessons, did not charge for the lessons because she enjoyed teaching piano, and simply asked the family to “pay it forward” by volunteering time or money to needy people.  R stated that after the third lesson, she met the father of the children who looked familiar though she could not place him.  One month later R realized that the father had an adolescent girl who had received services at one time at the agency.  R stated that while she read all of the medical/counseling records, she never met the client or had any therapeutic relationship with any member of the family.  R stated that after she recognized the father, she consulted another LCPC who was her clinical supervisor, and she and the other LCPC concluded that it was not a dual relationship because (1) the lessons were not a paid service, (2) she had never treated any family member, and (3) the family did not know who she was personally. R stated that in April 2010 the mother called her and advised she was looking for help for her 6-year-old son that had been diagnosed with Autism.  R stated that she recommended that the mother seek a registered play-therapist for treatment with a provider who was experienced with treating autism-spectrum children.  The mother asked R if she knew of such a therapist, and R stated she felt she could confidently recommend C, a former employee of the agency.  Although C had a non-compete agreement after leaving employment at the agency, R stated she felt that because this child had never been in counseling at the agency there would not be an ethical problem.  In addition, it had been over a year that any member of the family had treatment at the agency.  C informed the investigator that because of the no-compete agreement she did not feel comfortable accepting the referral and reported the referral by R to the agency’s owners.  The pro reviewer for this file stated that R consulted with another professional for ethical direction and subsequently made a professional referral.  The pro reviewer stated that this complaint appears to be more related to employment policy concerns, that R did not violate the ACA Code of Ethics, and that a better approach would have been to collaboratively discuss the identified potential dual relationship contraindication with the agency owners prior to making the referral outside the agency to avoid any perception of misconduct.  Based on the pro reviewer’s opinion, IBOL recommends that the Board authorize closure. Ms. Crockett moved to accept IBOL’s recommendation for closure with a letter to the respondent.  Seconded by Mr. Glick, motion carried.

 

I-COU-2010-45 and I-COU-2011-9  C alleged Rs used inappropriate therapy methods.  Investigation revealed that C’s son was ordered to participate in sexual offender treatment with Rs (LPCPs), but C has no first-hand knowledge of what occurs during treatment.  In addition, C’s son had not received any sexual offender treatment from Rs but only received employment assistance, a free program, from Rs’ office.  The investigation did not reveal any evidence to support the allegations; therefore, IBOL recommends that the Board authorize closure. Dr. Freeman moved to accept IBOL’s recommendation for closure. Seconded by Mr. Glick, motion carried.

 

I-COU-2011-4  C alleged R is practicing as a counselor without licensure.  Investigation revealed R is an alcohol/drug counselor who has been approved by the courts to provide alcohol/drug counseling.  After being advised that R can provide alcohol/drug counseling, C chose to withdraw the complaint.  IBOL recommends that the Board authorize closure. Ms. Crockett moved to accept IBOL’s recommendation for closure. Seconded by Ms. Spenner, motion carried.

 

I-COU-2011-10  C alleged R advertised as a counselor without being licensed and provided a copy of a yellow pages ad where R advertised under “Counseling-Personal.”  In response to a letter from IBOL, R stated that she is only a life coach, that she was approached last year by a directory representative about placing an ad in the directory, and that after placing an ad in the “Alternative Health” section the representative suggested that R also advertise in the “Counseling” section.  R stated that she was apprehensive of advertising under the “Counseling” section because she was not a licensed counselor and did not want to be perceived as such.  The representative then showed R another person who had advertised under “Counselors” who was also a life coach.  R stated that she placed her faith in what the representative said because she appeared to know what she was doing.  R stated that she should have listed to her “gut instinct” and will no longer be doing business with the directory or its representative.  Based on R’s response, IBOL recommends that the Board authorize closure. Mr. Glick moved to accept IBOL’s recommendation for closure. Seconded by Ms. Crockett, motion carried.

 

I-COU-2011-11         C alleged R advertised as a counselor without a license and included a copy of a yellow pages ad R placed under “Counseling-Personal.”  The ad indicates that R provides “metaphysical counseling” “for those who desire a more spiritual outlook.”  In response to a letter from IBOL, R stated that she is an ordained minister and that the metaphysical and spiritual counseling she provides are exempt from the Board’s Act under 54-3402(4) (“Nothing in this chapter shall be construed to apply to the activities and services of any religious denomination or sect or faith-based counseling of any kind”).  R also provided a copy of ministerial ordination certificate. Based on R’s claimed exemption, IBOL recommends that the Board authorize closure. Ms. Crockett moved to accept IBOL’s recommendation for closure. Seconded by Mr. Glick, motion carried.

 

Ms. Peel presented COU-2011-4 to members of the Board.  Ms. Crockett moved to accept the Notice of Violation and Settlement Order, and authorize the Chair to sign on behalf of the Board.  Seconded by Ms. Spenner, motion carried.

 

 

Ms. Peel presented COU-2011-6 to members of the Board.  Ms. Spenner moved to accept the Notice of Violation and Settlement Order, and authorize the Chair to sign on behalf of the Board.  Seconded by Mr. Glick, motion carried.

 

The Board broke for lunch at 12:50 pm.

 

The Board reconvened at 2:00 pm.

 

NEW BUSINESS

 

The Board reviewed Addendum I and noted changes. 

 

OLD BUSINESS

 

Proposed Laws and Rules

           

The Board had a lengthy discussion regarding the proposed laws and rules that the committees have been going through and made some suggestions.  The Board is hoping to have a final draft of the proposed laws and rules for the May 2011 meeting.  

 

Disciplinary

 

Ms. Spenner moved to add COU-2008-24 to the agenda due to the fact the Attorney General’s Office just completed the stipulation.  Seconded by Dr. Freeman, motion carried.

 

ADJOURNMENT

 

Ms. Hill moved to adjourn the meeting at 4:40 p.m.  Seconded by Ms. Spenner, motion carried.

 

Board Meeting Minutes of 2/2/2011

  

 

BOARD MEMBERS PRESENT:  Nina J. Woods, M.Ed. - Chair

                                                             Roberta Crockett, M.A.

                                                             Brenda Freeman, Ph.D.

                                                             Dorothy Ann Spenner, LCPC, LMFT

                                                             Kathryn J. Hill

                                                            Jon W. Glick, M.Ed.

                                                           

 BUREAU STAFF:                          Tana Cory, Bureau Chief

                                                            Dawn Hall, Administrative Support Manager

                                                            Lori Peel, Investigative Unit Manager

                                                            Emily Mac Master, Deputy Attorney General

                                                            Karl Klein, Administrative Attorney

                                                            Roger Hales, Administrative Attorney

                                                            Deborah Sexton, Technical Records Spec. II 

 

The meeting was called to order at 9:06 AM MST by Nina J. Woods, M.Ed.

 

HEALTHCARE TRANSPARENCY ACT

 

Board staff distributed copies of the Idaho Medical Association’s Healthcare Transparency Act. Mr. Klein discussed the Act with members of the Board. The Act says it’s intended to protect consumers from potentially misleading healthcare advertising. The Act requires practitioners not to engage in misleading advertising as defined in the Act. Among other things, it requires practitioner advertising to disclose the practitioner’s license type and to not offer services beyond the practitioners licensed scope of practice. The Act empowers the Board to discipline licensees who violate the Act, and it empowers the board and other agencies to go to court to enforce the Act. The Board discussed the Act’s potential impact on the Board. Any concerns about the extent to which the Act may impact the profession would be better addressed by the profession’s association.

 

Disciplinary

 

Ms. Mac Master presented COU-2008-24 to members.  Ms. Crockett moved to approve the Stipulation and Consent Order as modified and authorize the Chair to sign on behalf of the Board.  Seconded by Ms. Spenner, motion carried.

 

Proposed Laws and Rules

           

The Board continued its discussion regarding the proposed laws and rules.  No action has been taken regarding the proposed changes at this time.

 

Ms. Woods was excused at 12:25 p.m. and passed the gavel to Mr. Glick.

 

EXECUTIVE SESSION

 

A motion was made by Dr. Freeman that the Board go into executive session under Idaho Code § 67-2345(1)(d) to consider records that are exempt from disclosure under the Idaho Public Records Law.  The purpose of the Executive Session was to consider license application materials.  Seconded by Ms. Spenner, motion carried. Individual vote for this motion was: Ms. Crockett, aye; Ms. Spenner, aye; Mr. Glick, aye; Dr. Freeman, aye; and Ms. Hill, aye. 

 

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

 

Ms. Peel discussed supervision with the Board.

 

A motion was made by Ms. Spenner that the Board go into executive session under Idaho Code § 67-2345(1)(d) to consider records that are exempt from disclosure under the Idaho Public Records Law.  The purpose of the Executive Session was to consider license application materials.  Seconded by Ms. Hill, motion carried. Individual vote for this motion was: Dr. Freeman; aye; Ms. Spenner, aye; Mr. Glick, aye; and Ms. Hill, aye.  

 

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

 

APPLICATIONS

 

Pending

 

Dr. Freeman moved to approve 901043150 pending receipt of additional hours submitted and verified by Mr. Glick.  Seconded by Ms. Spenner, motion carried.

 

Dr. Freeman moved to approve 901105703 and 901099957 pending receipt of required documents sent directly to the Bureau of Occupational Licenses.  Seconded by Ms. Spenner, motion carried. 

 

Ms. Spenner moved to table the actions in regard to applicant 901103726, 901102401, 901030154, 901034693, 901114122, 901115064 and 901115362 pending receipt of additional information for the Board’s review.  Seconded by Dr. Freeman, motion carried.

 

Approved

 

Ms. Spenner moved to approve the following applicants for licensure.  Seconded by Dr. Freeman, motion carried.

 

                        STARK JAXSON  L                                     LPC-4670

                        JOHNSON ELIZABETH (BETSY) J          LPC-4668

                        PERUSSE CATHERINE M                        LPC-4661

                        DEMARIA DONNA L                                   LPC-4657

                        MIETZNER KAREN L                                 LPC-4654

                        SCHILDHAUER MICHELLE                     LPC-4653

                        LIPSCOMB RYAN S                                   LPC-4642

                        HANKS DAN                                                LPC-4641

                        SMITH DIANA M                                          LPC-4639

                        BOWMAN LETISHA                                    LPC-4624

                        ONEIL SHIRLEY ANN                                LPC-4607

                        PATRICK TYLER                                         LMFT-4397

                        RUTH MELISSA BRIGHTSTAR                LCPC-4681

                        ALDANA CYNTHIA M                                 LCPC-4676

                        FAGAN PAMELA M.                                   LCPC-4674

                        DE WALL ROBERT ANDREW                 LCPC-4672

                        DE SANTIS TIMOTHY                                LCPC-4671

                        LITTLE JANET L                                          LCPC-4669

                        MURRAY VICTORIA R                               LCPC-4667

                        BURNETT CONNIE J                                 LCPC-4665

                        VAN DER DOES PAMELA ROSE           LCPC-4659

                        IRELAND OLGA                                          LCPC-4652

                        ROE TRACY LYNN                                     LCPC-4651

                        PIKE HAZUKI N                                           LCPC-4649

                        DONAHUE-REED LUCRETIA                  LCPC-4647

                        JACOBS KATIE C                                       LCPC-4643

                        SALAZAR BERONICA                               LCPC-4637

                        DOWELL ASHLEY ANNE                         LCPC-4629

                        BRYDON CATHY                                        LCPC-4609

                        WHEELOCK CASSIA                                 LCPC-4599

                        YINGER ERIN C                                          LCPC-4420

 

Waivers

 

The Board reviewed a request for a continuing education waiver from Phil Manning due to extenuating circumstances.  Ms. Spenner moved to approve Mr. Manning’s request for a waiver.  Seconded by Dr. Freeman, motion carried.

 

The Board reviewed a request for a waiver regarding receiving ethics in person from Erica Burns due to extenuating circumstances.  Ms. Spenner moved to approve Ms. Burn’s request for a waiver. Seconded by Dr. Freeman, motion carried.

 

NEXT MEETING

 

May 3 & 4, 2011

 

ADJOURNMENT

 

Dr. Freeman moved to adjourn the meeting at 4:45 p.m.  Seconded by Ms. Spenner, motion carried.

 

 

_________________________________      _________________________________

Nina J. Woods, M.Ed., Chair                         Roberta Crockett, M.A.

_________________________________      _________________________________

Brenda Freeman, Ph.D.                                  Kathryn J. Hill

_________________________________      _________________________________

Dorothy Ann Spenner, Lcpc Lmft                 Jon W. Glick,  M.Ed.

_________________________________

Tana Cory, Bureau Chief