IDAHO BOARD OF SOCIAL WORK EXAMINERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 12/1/2008

 

 

BOARD MEMBERS PRESENT: Christiane E. Magera - Chair

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Cheryl R. Jurgens

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Robert Payne

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

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

BOARD MEMBERS ABSENT:††† Dorothy Ring

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

 

 

 

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Marcie McGinty, Hearing/Appeals Coordinator

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Marilyn London, Technical Records Specialist I

 

OTHERS PRESENT:†††††††††††††††††††† Charles Pohl, Clinical Society

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Delmar Stone, NASW

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Ramon Royce, Applicant

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Mark Whitney, Social Worker

                            †††††††

Meeting was called to order at 9:00 AM MST by Christiane E. Magera.

 

 

APPROVAL OF MINUTES

 

The Board reviewed the August 4, 2008 Board meeting minutes. Moved by Ms. Jurgens that the Board approve the August 4, 2008 minutes. Seconded by Ms. Burt-Patterson, motion carried.

 

The Board reviewed the September 26, 2008 conference call minutes. Moved by Ms. Jurgens to approve the September 26, 2008 minutes. Seconded by Ms. Burt- Patterson, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory reported that the proposed rules have been submitted to the Legislature and, if approved, will be in effect in the spring.

 

The Board discussed the best way to notify licensees of law changes. Moved by Ms. Jurgens that the law change be posted on the Boardís website. Seconded by Mr. Payne, motion carried.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report which indicates a cash balance of $32,779.41 as of October 31, 2008.

 

STIPULATION AND CONSENT ORDER

 

Ms. Mac Master presented a Stipulation and Consent Order for case number SWO-2007-22. Moved by Ms. Jurgens that the Board accept the Stipulation and Consent Order for case number SWO-2007-22 as written and authorize the chair to sign on behalf of the Board. Seconded by Mr. Payne, motion carried.

 

Ms. Mac Master presented a Stipulation and Consent Order for case number SWO-2008-6. Ms. Jurgens recused herself. Moved by Ms. Burt-Patterson that the Board accept the Stipulation and Consent Order for case number SWO-2008-6 as written and authorize the chair to sign on behalf of the Board. Seconded by Mr. Payne, motion carried.

 

RECOMMENDED ACTION ON DISCIPLINARY COMPLAINTS

 

Ms. Mac Master discussed with the Board issues and circumstances associated with custody evaluations for the court. The courts are working toward standards and would like feedback from various Boards. The Bureau will contact Vicki Howard to set-up a meeting with the Board.

 

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

 

The Board reviewed case SWO-2005-14. Moved by Ms. Jurgens that the Board close the file on case SWO-2005-14. Seconded by Mr. Payne, motion carried.

 

Ms. Mac Master presented disciplinary cases SWO-2006-2 and SWO-2009-1 for recommendations. The Board presented their recommendations for each case.

 

Ms. McGinty presented information on case number SWO-2007-6 requesting approval from the Board on the personís probationary period supervision plan. Moved by Mr. Payne to give authority to Ms. Jurgens to review the supervision plan when additional information is received and approve on behalf of the Board. Seconded by Ms. Burt-Patterson, motion carried.

 

INVESTIGATIVE REPORT

 

Mr. Hetrick presented the investigative report.

 

Fiscal Year 2009 (to date)

            Total Complaints received                                                                   5

            Status:

                        Remaining under investigation                                                4

                        Awaiting Board determination                                                 1

 

Fiscal Year 2008

            Total Complaints received                                                                  38

                        (Including 5 CE audit files.)

            Status:

                        Closed by Board action                                                         7

                        Closed following disciplinary action                                     ††2

                        Pending Office of the Attorney General                                 ††5

                        Pending IBOL disciplinary action                                          ††  3

                        Remaining under investigation                                          ††   15

                        Pending Internal Processing                                                     1

                        Awaiting Board determination                                                  5

 

Fiscal Year 2007

            Total Complaints received                                                                   43

                        (Including 7 CE audit files.)

            Status:

                        Closed by Board action                                                           26

                        Closed following disciplinary action                                            5

                        Pending Office of the Attorney General                                      6

                        Remaining under investigation                                                    5

                        Awaiting Board determination                                                   1

 

Fiscal Year 2006

            Total Complaints received                                                                    33

            Status:

                        Closed by Board action                                                            16

                        Closed following disciplinary action                                             7

                        Pending Office of the Attorney General                                    10

 

Fiscal Year 2005

            Total Complaints received                                                                     31

            Status:

                        Closed by Board action                                                             20

                        Closed following disciplinary action                                             7

                        Pending Office of the Attorney General ††                                    4

 

Fiscal Year 2004

            Total Complaints received                                                                     42

                        (Including 1 CE audit file.)

            Status:

                        Closed by Board action                                                             30

                        Closed following disciplinary action                                             7

                        Pending Office of the Attorney General                                       5

 

Fiscal Year 2003

            Total Complaints received                                                                     18

            Status:

                        Closed by Board action                                                             11

                        Closed following disciplinary action                                           6

                        Pending Office of the Attorney General             †††                       1

 

 

For Board Determination:  

 

I-SWO-2007-29      C alleged R revealed confidential information to another professional without the consent from C. INV revealed the C did sign an agreement and a consent form to provide relevant information to another intervention program.  INV did not reveal evidence to support the allegations or a violation.  IBOL recommends the Board authorize closure. Moved by Mr. Payne to accept the Bureauís recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

I-SWO-2008-2         C alleged the R breeched confidentiality. INV revealed the R received a signed consent prior to disclosing the client's name.  INV also revealed that the disclosure was at the client's request.  INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure. Moved by Mr. Payne to accept the Bureauís recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

I-SWO-2008-20      R failed to respond to the CE Audit. They were sent a certified letter for response. Review of documentation received concluded that the CE requirement had been met. IBOL recommends the Board authorize closure. Moved by Mr. Payne to accept the Bureauís recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

I-SWO-2008-21      R failed to respond to the CE Audit. Record confirms that license has cancelled. IBOL recommends the Board authorize closure as CE will be required upon reinstatement. Moved by Mr. Payne to not accept the Bureauís recommendation and direct the case back to the investigative unit for a consent agreement and the Board directs all future cases to be administered this way. Seconded by Ms. Burt-Patterson, motion carried.

 

I-SWO-2008-35      C alleged the R breeched patient confidentiality by bringing R's child to work and having the child in a group session.  C also stated the R was yelling and screaming at the child while in the group. INV revealed the R did have a child participate in a group session.  The R stated the child was previously a client at the facility.  INV also revealed that each member of the group was asked if the child could sit in on the session and all clients agreed.  INV did not reveal evidence to support the allegations or a violation.  IBOL recommends the Board authorize closure.  Moved by Mr. Payne to accept the Bureauís recommendation and authorize closure. Seconded by Ms. Jurgens, motion carried.

 

I-SWO-2008-36      C alleged the R was yelling at a client in front of other clients when the client did not have an advocate present and the client was not transitioned properly. INV revealed the C heard the allegations from another client and got involved without any confirmation of the events.  INV did not reveal evidence to support the allegations or a violation.  IBOL recommends the Board authorize closure. Moved by Mr. Payne to accept the Bureauís recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

I-SWO-2009-2         C alleged the R is practicing outside the scope of licensure. INV revealed the C received a resume from the R and it stated that R obtained Masters in social work and is providing psychotherapy.  INV revealed that R did not claim to have a Masters degree, nor was there any information confirming that R advertised or has provided psychotherapy.  INV also revealed that the words ďMasters degreeĒ do not appear on the resume and the C later verified that the information was included in the complaint by mistake.  INV did not reveal any evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure. Moved by Mr. Payne to accept the Bureauís recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

OLD BUSINESS

 

Clinical Supervision Plan Application:

 

The Board reviewed the clinical supervision plan application. Moved by Mr. Payne that the Board appoint a committee that includes Ms. Jurgens and Mr. Payne and allow them to solicit others for input on revising the clinical supervision plan application. Seconded by Ms. Burt-Patterson, motion carried.

 

Mr. Pohl discussed clinical activities that are required when working toward the clinical license. He also discussed the issues and problems that social workers are having at the Boise Veterans Affairs because of the new qualification standards developed for supervisory positions. The Board did not take action.

 

Pro-review List:

 

The Board discussed the pro-review list of social workers needed by the investigative unit for disciplinary cases. It was suggested that Mr. Hetrick contact Mr. Pohl or Mr. Stone for as pro-reviewers are needed.

 

Health and Welfare Proposed Rules:

 

Mr. Payne reported on a meeting he attended at Health and Welfare regarding proposed rules for designated examiners and psycho-social rehabilitation workers. They are seeking support from the different Boards when the rules go to the legislative committees.

 

EXECUTIVE SESSION

 

Moved by Ms. Jurgens that the Board enter executive session to discuss applications exempt from public disclosure per Idaho Code 67-2345(1) (d). Seconded by Ms. Burt-Patterson, motion carried. Individual votes for this motion were: Ms. Jurgens, aye; Ms. Burt-Patterson, aye; Mr. Payne; aye; and Ms. Magera, aye.

 

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

 

Moved by Mr. Payne that the Board accept Ramon Royceís MSW application for approval to take the ASWB master level exam. If Mr. Royce passes the exam and a LMSW license is issued, he must comply with the stipulation/order that is in effect regarding his bachelor-level license. His stipulation should also be amended to allow for Washington employment. The supervised practice required by the stipulation cannot be included as clinical supervision to meet Idahoís requirements. If he desires to obtain Idahoís clinical license in the future he must complete the supervision plan application for approval. Seconded by Ms. Burt-Patterson, motion carried.

NEW BUSINESS

 

Mr. Whitney discussed with the Board clinical supervision that he had obtained in the state of Washington prior to getting his Idaho master level license. The Board directed him to the rules that address out of state supervision and told him he would need to apply for the Board to review the supervision.

 

The Board broke for lunch from 12:45 p.m. to 2:00 p.m.

 

Ms. McGinty presented the amended Stipulation and Consent Order for case SWO-2008-6. Moved by Ms. Burt-Patterson to accept the amended changes for case SWO-2008-6. Seconded by Mr. Payne, motion carried.

 

ASWB Meeting:

 

Ms. Ring and Mr. Walton attended the ASWB November meeting in Providence, Rhode Island. Ms. Magera read Ms. Ringís report to the Board. The next meeting will be April 23 through 26 in Quebec City. The Board will discuss attendance at the January conference call.

 

Ms. Jurgens discussed with the Board clarification on the independent practice license. This is an independent license, which allows contracting with agencies. The clinical level license is also an independent license.

 

The Board directed the Bureau to obtain the Health and Welfare proposed rules regarding designated examiners and psycho-social rehabilitation workers. A copy will be sent to Board members for review and a conference call will be scheduled in January 2009 after the final drafts of the rules are printed.

 

The Board reviewed two letters of correspondence and directed the Bureau to respond on behalf of the Board.

 

The Board discussed drafting a letter that will be sent to master level social workers that are applying to start clinical supervision and their plan does not include treatment.

 

The Board went over the application approval process with legal counsel. It was determined that the rules allow exam application review outside a Board meeting by a designated Board member.

 

EXECUTIVE SESSION

 

Moved by Mr. Payne that the Board enter executive session to review applications and continuing education audits exempt from public disclosure per Idaho Code 67-2345(1) (d). Seconded by Ms. Burt-Patterson, motion carried. Individual votes for this motion were: Ms. Jurgens, aye; Ms. Burt-Patterson, aye; Mr. Payne; aye; and Ms. Magera, aye.

 

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

 

NEXT MEETING

 

The Board will schedule a January 2009 conference call. The next scheduled board meeting is April 6, 2009 at 9:00 a.m. M.S.T.

 

ADJOURNMENT

 

The Board meeting adjourned at 5:10 p.m. M.S.T.

 

 

_________________________________††††† _________________________________

Christiane E. Magera, Chair††††††††††††††††††††††††††††† Cheryl R. Jurgens

_________________________________††††† _________________________________

Dorothy Ring††††††††††††††††††††††††††††††††††††††††††††††††††† Robert Payne

_________________________________††††† _________________________________

Carolyn Burt-Patterson†††††††††††††††††††††††††††††††††††† Kristopher L. Walton

_________________________________

Tana Cory, Bureau Chief