IDAHO BOARD OF SOCIAL WORK EXAMINERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 4/6/2009

 

 

 

BOARD MEMBERS PRESENT: Christiane E. Magera - Chair

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

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

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

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

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

 

 

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

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

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

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† James Hotchkiss, Complaint Coordinator

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

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

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

 

OTHERS PRESENT:†††††††††††††††††††† Katie Rodenbaugh, Department of Education

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Lorna Hoopes, Applicant

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Karen Bradley, Clinical Counselor

                            †††††††

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

 

Katie Rodenbaugh addressed the Board regarding continuing education requirements for school social workers.The Professional Standards Committee is working on new requirements that will articulate school social workers must posses a social work license.

 

STIPULATION AND CONSENT ORDER

 

Ms. Mac Master presented the Board a Stipulation and Consent Order for SWO-2006 -10. Mr. Walton recused from discussion.Moved by Ms. Jurgens to accept the Stipulation and Consent Order for SWO-2006-10 and authorize the chair to sign on behalf of the Board. Seconded by Ms. Ring, motion carried. 

 

FINAL ORDER

 

Ms. Mac Master presented the Board a Findings of Fact, Conclusions of Law and Final Order for SWO-2009-5. Moved by Mr. Payne to approve the Final Order with the following changes: require 15 hours of continuing education; require individual counseling; omit number one; require an evaluation to determine the ability to practice safely by a mental health professional approved by the Board; and require the $250.00 payment within sixty days.Seconded by Ms. Jurgens. Moved by Mr. Payne to amend the motion to allow the chair to sign on behalf of the Board. Amended motion seconded by Ms. Jurgens, amended motion carried.

 

RECOMMENDED ACTION ON DISCIPLINARY COMPLAINTS

 

Ms. Mac Master presented the Board recommended action on disciplinary complaints for SWO-2007-28 and SWO-2008-11. The Board presented their recommendation on SWO-2007-28. Moved by Mr. Walton that the Board accept the Attorney Generalís office recommendations and close case SWO-2008-11 and issue the respondent a warning letter. Seconded by Mr. Payne, motion carried.

 

Ms. Mac Master requested that the Board review and discuss at a future Board meeting the listed disciplinary actions on the website and if the disciplinary actions will be listed forever.

 

REQUESTS

 

Ms. McGinty presented the Board a request from case SWO-2006-10 requesting approval to teach a course on the topic of reporting child abuse to meet the disciplinary requirements in the Consent Order. Moved by Ms. Ring to accept the course as meeting the requirements for case SWO-2006-10. Seconded by Mr. Payne, motion carried.

 

Ms. McGinty presented the Board a request from case SWO-2007-17 to approve a continuing education course to meet the disciplinary requirements. The Board felt the course was at a clinical level and above the scope of practice for bachelor level social workers. Moved by Mr. Walton that the Board require the social worker for case SWO-2007-17 to take a course within the bachelor level scope of practice. Seconded by Mr. Payne, motion carried.

 

Ms. McGinty presented the Board a request from case SWO-2007-23 to be able to make payments on their disciplinary fine. Moved by Mr. Payne to approve the request to allow payments on their disciplinary fine. Seconded by Ms. Burt-Patterson, motion carried.

 

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss presented the investigative report.

 

For Board Determination:

 

I-SWO-2007-28                  C alleged R misdiagnosed patients with major depression. INV revealed the C has moved out of the area and cannot be contacted.  The C 's child is the client  of the R  and the INV was unable to locate this person as well.  No evidence was obtainable regarding the allegations.  IBOL recommends the Board authorize closure. Moved by Ms. Burt-Patterson to accept the Bureauís recommendation and authorize closure. Seconded by Ms. Jurgens, motion carried.

 

I-SWO-2008-32                  C alleged that the R has violated the code of ethics by sending a redacted copy of a letter to the C's employer pertaining to an investigation against the C. INV revealed the R did not have any involvement with sending the letter.  Both the R and the person who did receive the letter stated that it was a different person that might have sent the letter.  That person denied sending the letter.  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-2008-37                  C alleged the R violated confidentiality by having the R's family present during counseling. INV revealed that R's spouse and children were present on occasions when C and children came to the office for sessions. No evidence was revealed to show that R shared confidential information with other members of R's family, other than the fact that the other family members were aware of the sessions.  IBOL recommends the Board authorize closure with an advisory letter. Moved by Mr. Payne to accept the Bureauís recommendation and authorize closure, but do not send the advisory letter. Seconded by Ms. Ring, motion carried.

 

 

I-SWO-2009-1                     C alleged the R is having a sexual relationship with a client. INV revealed the person referred to as the client was never a client.  INV revealed no evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure. Moved by Ms. Jurgens to accept the Bureauís recommendation and authorize closure. Seconded by Mr. Payne, motion carried.

 

I-SWO-2009-5                     C alleged the R will not provide any records pertaining to the C's child. C has shared custody with the estranged spouse. INV revealed the R refused to talk to the C over the phone as the R did not know who the C was.  R was willing to meet with the C and explain the child's situation, but the C would not meet with the R.  INV did not reveal any evidence to support the allegation or a violation.  IBOL recommends to 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-2009-6 & 7             C alleged the R did not review the patientís medical diagnosis from the psychiatrist before making a different diagnosis.  C also states the R failed to conduct a follow-up with an offender that was on suicide watch to ensure they would not take their own life. INV revealed there were employment issues with the R.  C would not fully cooperate with the investigation and therefore no facts were found to support the allegations or a violation.  IBOL recommends the Board authorize closure. Moved by Mr. Payne to accept the Bureauís recommendations and authorize closure. Seconded by Ms. Ring, motion carried.

 

APPROVAL OF MINUTES

 

The Board reviewed the December 1, 2008 Board meeting minutes. Moved by Ms. Jurgens to approve the December 1, 2008 minutes. Seconded by Mr. Payne, motion carried.

 

The Board reviewed the January 21, 2009 Board meeting minutes. Moved by Ms. Jurgens to approve the January 21, 2009 Board meeting minutes with a correction. Seconded by Mr. Payne, motion carried.

 

The Board reviewed the March 2, 2009 Board meeting minutes. Moved by Ms. Jurgens to approve the March 2, 2009 Board meeting minutes. Seconded by Mr. Payne, motion carried.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report, which indicates a balance of $37,270.55 as of March 31, 2009.

 

LEGISLATIVE REPORT

 

Mr. Hales gave an overview of the Boardís Proposed Law and Rule changes. Both have passed with the Law change including an amendment leaving the Related Field in. The Rules will go into effect as soon as Legislation adjourns.

 

EXECUTIVE SESSION

 

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

 

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

 

NEW BUSINESS

 

Moved by Mr. Payne to approve the application of a bachelor level social worker 901064742 for taking the bachelor level exam and to reinstate their license upon passing the exam. Seconded by Ms. Ring, motion carried.

 

Ms. Bradley addressed the Board regarding using Health and Welfareís Children Mental Health as a site for master level social workers to obtain clinical supervision towards their clinical license. The Board indicated that treatment must be apart of the clinical supervision plan to use the site to meet the requirements.

 

Mr. Pohl discussed with the Board the clinical supervision rules and requirements to meet the 3,000 clinical hours. The Board reviewed the supervision plan and discussed ways to change the application to help clarify what is required to meet the 3,000 clinical hours. Ms. Burt-Patterson will redo the application and send copies to the Board members to review.

 

LUNCH

 

Moved by Ms. Jurgens that the Board breaks for lunch from 12:30 p.m. to 1:30 p.m. Seconded by Ms. Burt-Patterson, motion carried.

 

Ms. Ring did not attend the afternoon meeting.

 

APPLICATION PROCESS

 

Mr. Hales reviewed and discussed the application process with the Board. Moved by Mr. Payne that the Board hold monthly conference calls to approve applications for licensure and the conference call should be for no longer than thirty minutes. Seconded by Mr. Walton, motion carried.

 

ASWB CONTRACT

 

Mr. Hales reviewed the American Social Work Boardís contract and reported that this was a standard contract and he seen no problems with the Board signing it. Moved by Mr. Payne that the Board approve the ASWB contract based upon recommendations from legal counsel and authorize the chair to sign on behalf of the Board. Seconded by Ms. Jurgens, motion carried.

 

OLD BUSINESS

 

Mr. Hales presented a draft letter written to Dr. Daniel Harkness in response to a letter received at a previous Board meeting.

 

Mr. Hales will draft a law change regarding related field, and Rule 351.01.a on waiver of continuing education requirements in cases of illness or unusual circumstances to require prior approval before renewal of license.

 

The Board discussed the ASWB advance generalist level exam and the possibility of adding it as a requirement to obtain the master level independent license. Ms. Jurgens will review the exam content and send a report to the Board to review at the August Board meeting.

 

CORRESPONDENCE

 

The Board reviewed the letter and course work from Heath Walters regarding his clinical supervisor training to become an approved clinical supervisor. Ms. Jurgens recused from discussion. Moved by Mr. Payne to accept the clinical supervisor training as meeting the requirements for registered clinical supervisor. Seconded by Ms. Burt-Patterson, motion carried.

 

WALL CERTIFICATES

 

The Board reviewed a wall certificate that has Board member signatures scanned to print out on all certificates. Moved by Mr. Walton that the Board request the Bureau redo the social work wall certificates and set it up for scanned Board member signatures. Seconded by Mr. Payne, motion carried.

 

EXECUTIVE SESSION

 

Moved by Ms. Jurgens that the Board enter executive session to review exam 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; Mr. Walton, aye; and Ms. Magera, aye.

 

Moved by Ms. Jurgens 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; Mr. Walton, aye; and Ms. Magera, aye.

 

ADJOURNMENT

 

Moved by Ms. Jurgens that the Board meeting adjourn at 4:55 p.m. D.S.T. Seconded by Ms. Burt-Patterson, motion carried.

_________________________________††††† _________________________________

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

_________________________________††††† _________________________________

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

_________________________________††††† _________________________________

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

_________________________________

Tana Cory, Bureau Chief