IDAHO BOARD OF SOCIAL WORK EXAMINERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 8/4/2008

 

 

BOARD MEMBERS PRESENT: Robert Payne - Chair

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Carolyn Burt-Patterson

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Kristopher L Walton

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Christiane Elise Magera

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Dorothy Ring

 

 

BOARD MEMBERS ABSENT:††† Cheryl R Jurgens

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

 

BUREAU STAFF: ††††††††††††††††††††††††† Tana Cory, Bureau Chief

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Dawn Hall, Deputy Bureau Chief

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Budd Hetrick, Deputy Bureau Chief

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Roger Hales, Administrative Attorney

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Emily Mac Master, Deputy Attorney General

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Dave Hotchkiss, Investigations Coordinator

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Cherie Simpson, Management Assistant††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††††††††††††††† Marcie McGinty, Investigations Coordinator

Marilyn London, Technical Records Specialist I

†††††††††††††††††††††††††††††††††††

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

OTHERS PRESENT:†††††††††††††††††††† Rachel Miller Brannon, Social Work Applicant

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Delmar Stone, NASW Executive Director

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Butch Rodenhiser, Boise State University

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Charles Pohl, Clinical Society

                            †††††††

Meeting was called to order at 9:05 a.m. MDT by Robert Payne.

 

 

APPROVAL OF MINUTES

 

The Board reviewed the April 7, 2008 Board meeting minutes. Moved by Ms. Burt-Patterson to approve the April 7, 2008 minutes. Seconded by Mr. Walton, motion carried.

 

BOARD CHAIR ROTATION

 

Mr. Hales reviewed the Boardís law regarding rotation of the Board Chair position.The law states that a rotation to a new chair shall take place at the start of each fiscal year. The chair shall be the member in the 4th year of the 5 year term.Ms. Magera is the member who was next in line as chair. She will take the position of Board Chair at the December meeting.

 

LEGISLATIVE REPORT

 

Ms. Cory reported that the proposed law and rule ideas were sent to the Governorís office noting that the Board is working on drafts.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report which indicates a balance of $37,742.46 as of June 30, 2008. The Boardís expenditures were over revenues by $19,117.91.Raising fees will be discussed later on the agenda.

 

CONTRACT

 

Mr.Hetrick presented the 2009 Board/Bureau Contract Renewal Addendum. Mr. Hetrick reviewed the changes from the last contract with the Board.Moved by Ms. Magera that the Board accept the contract and authorize the Chair to sign on behalf of the Board. Seconded by Mr. Walton, motion carried.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss presented the Investigative report. There have been three (3) complaints received for fiscal year 2009 and under investigation.

 

Fiscal Year 2008: There were Thirty-eight (38) complaints received and twenty-five remain under investigation.

 

Fiscal Year 2007: There were forty-three (43) complaints received and six (6) remain under investigation.

 

Fiscal Year 2006: There were thirty-three (33) complaints received and one (1) remains under investigation.

 

For Board Determination:

 

Mr. Hotchkiss presented the following complaint cases for Board determination:

 

Case number I-SWO-2007-4: Following review it was moved by Ms. Ring to accept the Bureauís recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

Case number I-SWO-2007-10: Following review it was moved by Mr. Walton to accept the Bureauís recommendation and authorize closure. Seconded by Ms. Magera, motion carried.

 

Case number I-SWO-2008-24: Following review it was moved by Ms. Ring to accept the Bureauís recommendation and authorize closure. Seconded by Mr. Walton, motion carried.

 

Case number I-SWO-2008-25: Following review it was moved by Ms. Magera to accept the Bureauís recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

Case number I-SWO-2008-29: Following review it was moved by Ms. Magera to accept the Bureauís recommendation and authorize closure. Seconded by Mr. Walton, motion carried.

 

STIPULATION AND CONSENT ORDER

 

Mr. Hetrick presented a Stipulation and Consent Order for case number SWO-2007-21. Moved by Ms. Ring that the Board accept the Stipulation and Consent Order for case number SWO-2007-21. Seconded by Mr. Walton, motion carried.

 

Mr. Hetrick presented a Stipulation and Consent Order for case number SWO-2008-8. Moved by Ms. Magera to accept the Stipulation and Consent Order for case number SWO-2008-8. Seconded by Ms. Ring, motion carried.

 

Mr. Hetrick presented a Stipulation and Consent Order for case number SWO-2007-7. Moved by Ms. Burt-Patterson to accept the Stipulation and Consent Order for case number SWO-2007-7. Seconded by Ms. Magera, motion carried.

 

RECOMMENDED ACTION ON DISCIPLINARY COMPLAINTS

 

Ms. Mac Master presented disciplinary cases for recommended action from the Board.

 

The Board reviewed cases SWO-2004-9 and SWO-2004-10. Moved by Mr. Walton to accept the recommendations from the Attorney Generalís Office. Seconded by Ms. Magera, motion carried.

 

The Board reviewed case SWO-2004-11. Moved by Ms. Magera to accept the recommendation from the Attorney Generalís Office. Seconded by Mr. Walton, motion carried.

 

The Board reviewed case SWO-2004-12. After discussion it was decided to send the case back to the Bureau for further investigation.

 

The Board reviewed case SWO-2008-10. Moved by Ms. Magera to accept the recommendation from the Attorney Generalís Office. Seconded by Mr. Walton, motion carried.

 

The Board reviewed cases SWO-2005-16 and SWO-2008-6 and the Board presented their recommendations to the Attorney Generalís Office.

 

Ms. Mac Master discussed a case with the Board regarding an issue of the Respondent not wanting their disciplinary action posted on the Boardís website. Moved by Ms. Magera that all disciplinary actions be posted on the Boardís website, and the Board cannot make an exception. Seconded by Ms. Burt-Patterson, motion carried.

 

The Board broke for lunch at 12:15 p.m. and reconvened at 1:30 p.m.

 

EXECUTIVE SESSION

 

Moved by Ms. Burt-Patterson that the Board enter executive session to review an application exempt from public disclosure, per Idaho Code 67-2345(1) (d). Seconded by Ms. Ring, motion carried. Individual vote for this motion were: Ms. Burt-Patterson, aye; Ms. Magera, aye; Ms. Ring, aye; and Mr. Walton, aye.

 

Moved by Ms. Burt-Patterson that the Board enter regular session. Seconded by Ms. Ring, motion carried. Individual vote for this motion were: Ms. Burt-Patterson, aye; Ms. Magera, aye; Ms. Ring, aye; and Mr. Walton, aye.

 

Mr. Payne recused himself from discussion. Moved by Ms. Magera that the Board approve the endorsement application for social work applicant 901102672 pending receipt of her MSW official transcript.

 

OLD BUSINESS

†††††††††††

The Board discussed raising the $75.00 application and renewal fee cap in the law. Moved by Mr. Ring that the Board do a law change increasing the $75.00 cap to $150.00. Seconded by Ms. Burt-Patterson, motion carried.

 

The Board discussed raising the application and renewal fees in the rules. Moved by Mr. Walton that the Board increase the application fee to $65.00 and endorsement fee to $60.00 and LSW and LMSW renewals to $65.00 and LCSW renewal to $75.00.Motion died for lack of a second.

 

Moved by Ms. Burt-Patterson that the Board increase the application fee to $60.00 and endorsement fee to $60.00 and LSW and LMSW renewals to $60.00 and LCSW renewal to $70.00. Seconded by Mr. Walton, motion carried.

 

PROPOSED LAW AND RULES

 

The Board reviewed the proposed law change deleting ďrelated fieldĒ from the requirements.Moved by Ms. Magera that the Board approve the proposed law change deleing related field. Seconded by Ms. Ring, motion carried.

 

The Board reviewed the proposed rule changes regarding adding an inactive status and set the inactive renewal fees at one half of the renewal fees, which will be $30.00 for the LSW and LMSW and $35.00 for the LCSW. Seconded by Ms. Magera, motion carried.

 

Moved by Ms. Burt-Patterson that the Board approve the proposed rules. Seconded by Ms. Magera, motion carried.

 

CORRESPONDENCE

 

The Board reviewed correspondence from Boise State University social work staff regarding the issues of whether the law requires social work professors to be licensed to teach social work. Upon reviewing the social work law, it was determined that if you call yourself a social worker or perform social work, you are required to be licensed. Teaching social work does not require licensure. The Board indicated that social workers who are not licensed should be making the disclaimer that they are not licensed in Idaho when giving public presentations in our state. Mr. Rodenhiser addressed to the Board his concerns on these issues and if licensure was required it could cause some problems in hiring staff from others states that have their doctoral degree. Mr. Hales will write a legal opinion on these licensing issues that were discussed at the April Board meeting.

 

DISCIPLINARY ACTIONS

 

Mr. Hales presented case SWO-2005-11 for reconsideration. Moved by Mr. Walton that the Board deny reconsideration except length of suspension ran November 13, 2006 for one year.Seconded by Ms. Magera, motion carried.

 

Mr. Hales presented case SWO-2007-19.Moved by Ms. Magera to accept the Hearing Officerís Finding of Fact and Conclusion of Law on case SWO-2007-19. Seconded by Ms. Burt-Patterson, motion carried.

 

Moved by Ms. Magera to revoke the license on case SWO-2007-19 and impose a fine of $1,000 and recover investigation cost. Seconded by Ms. Burt-Patterson, motion carried.

 

The Board reviewed the continuing education for approval on case SWO-2007-21. Moved by Ms. Magera that the Board approve the continuing education courses to comply with the Stipulation and Consent Order. Seconded by Mr. Walton, motion carried.

NEW BUSINESS

 

Mr. Payne reported on attending a joint meeting with Health and Welfare regarding psychosocial rehabilitation workers. At this time there are no licensing requirements for PSR workers. In the future PSR workers may be regulated, which will help protect the public.

††††

ASWB MEETINGS

 

Ms. Burt-Patterson reported on the spring Montana ASWB meeting. Some of the discussion centered on education and disciplinary complaints and issues around them.

 

The next ASWB meeting is in November 2008 in Rhode Island. Moved by Ms. Magera that the Board approve Mr. Walton and Ms. Ring to attend this meeting and pay expenses. Seconded by Ms. Burt-Patterson, motion carried.

 

CORRESPONDENCE

 

The Board reviewed a letter from David Doten a licensed social worker requesting waiver of the continuing education requirements for the renewal of his license. Mr. Walton recused himself from discussion. Moved by Ms. Burt-Patterson to approve the waiver of the continuing education requirements for the renewal of his license. Seconded by Ms. Ring, motion carried.

 

The Board reviewed a letter from Kathleen Ostrander requesting re-consideration of accepting the ASWB advanced generalist level exam for her master endorsement application. Moved by Ms. Magera to deny the request and require passing the master level exam. Seconded by Ms. Burt-Patterson, motion carried.

 

The Board reviewed a letter from Delmar Stone regarding continuing education trainings sponsored by the Idaho Society of Individual Psychology. There are some concerns regarding bachelor level social workers and PSR workers that attend ISIP trainings that teach psychotherapy techniques. This is outside the scope of practice for their level. Mr. Stone addressed these concerns to the Board and said that NASW is promoting their Code of Ethics that elaborates that social workers should represent themselves as competent only within the boundaries of their education.

 

Mr. Stone requested clarification on the education level of continuing education providers for the clinical level social worker. The Board indicated that it is not necessary for the master level presenter to hold a clinical level license to provide continuing education training to clinical licensed social workers.

 

APPLICATIONS

 

The Board reviewed the clinical application and clinical supervision documentation for social work applicant 901102672. Moved by Ms. Magera that the Board approve the application the clinical level license pending receipt of an official MSW transcript and official clinical exam scores. Seconded by Ms. Burt-Patterson, motion carried.

 

NEXT MEETING

 

The next Board meeting is scheduled for December 1, 2008 at 9:00 a.m. MST.

 

ADJOURNMENT

 

Moved by Ms. Magera that the Board meeting adjourn at 5:05 p.m. MDT. Seconded by Ms. Burt-Patterson, motion carried.

 

 

_________________________________††††† _________________________________

Robert Payne, Chair†††††††††††††††††††††††††††††††††††††††† Carolyn Burt-Patterson

_________________________________††††† _________________________________

Kristopher L Walton†††††††††††††††††††††††††††††††††††††††† Christiane Elise Magera

_________________________________††††† _________________________________

Cheryl R Jurgens††††††††††††††††††††††††††††††††††††††††††††† Dorothy Ring

_________________________________

Tana Cory, Bureau Chief