IDAHO BOARD OF SOCIAL WORK EXAMINERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 8/3/2009

 

 

 

BOARD MEMBERS PRESENT:  Christiane E. Magera - Chair

                                                             Dorothy Ring

                                                             Robert Payne

                                                             Kristopher L. Walton

 

 

BOARD MEMBERS ABSENT:    Cheryl R. Jurgens

                                                            Carolyn Burt

                                                           

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Administrative Support Manager

                                                            Lori Peel, Investigative Unit Supervisor

                                                            Roger Hales, Administrative Attorney

                                                            Karl Klein, Administrative Attorney

                                                            Emily Mac Master, Deputy Attorney General

                                                            Brian Wonderlich, Deputy Attorney General

                                                            Dave Hotchkiss, Complaint Coordinator

                                                            Marcie McGinty, Appeals Hearing Coordinator

                                                           

 

OTHERS PRESENT:                     Wendy Christensen, Applicant

                                                            Gayle Tingey, Applicant

                                                            Stephanie Sencil, Applicant – by phone

                                                            Angelina Norton, Applicant – by phone

                                                            Steven Sample, Applicant

                                                            Daniel Harkness, Professor

                                                            Dan Sigler, Licensed Social Worker

                                                            Vicki Howard, Idaho Courts

                                                           

                                   

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

 

 

APPROVAL OF MINUTES

 

The Board reviewed the Board meeting minutes from the April 6, 2009; April 30, 2009; June 11, 2009; and July 17, 2009 meetings. It was moved by Ms. Ring that the Board approve the April 6, 2009; April 30, 2009; June 11, 2009; and July 17, 2009 Board meeting minutes. Seconded by Mr. Walton, motion carried.

 

STIPULATION AND CONSENT ORDER

 

Ms. Mac Master presented the Board a Stipulation and Consent Order for SWO-2007-28. It was moved by Mr. Payne that the Board approve the Stipulation and Consent Order for SWO-2007-28 and authorize the Chair to sign on behalf of the Board. Seconded by Ms. Ring, motion carried.

 

RECOMMENDED ACTION ON DISCIPLINARY COMPLAINTS

 

Ms. Mac Master reviewed the following disciplinary complaint cases:

 

SWO-2008-9 – It was moved by Mr. Payne that the Board close case SWO-2008-9. Seconded by Ms. Ring, motion carried.

 

SWO-2007-24 – It was moved by Ms. Ring that the Board close case SWO-2007-24 and authorize the Attorney General’s Office to send an advisory letter to the Respondent. Seconded by Mr. Walton, motion carried.

 

SWO-2005-15 – It was moved by Mr. Payne that the Board close case SWO-2005-15 and authorize the Attorney General’s Office to send an advisory letter to the Respondent. Seconded by Mr. Walton, motion carried.

 

SWO-2005-17 – It was moved by Mr. Payne that the Board close case SWO-2005-17 and authorize the Attorney General’s Office to send an advisory letter to the Respondent. Seconded by Ms. Ring, motion carried.

 

SWO-2007-02 – It was moved by Mr. Payne that the Board close case SWO-2007-02 and authorize the Attorney General’s Office to send an advisory letter to clarify the appearance of impartiality. Seconded by Ms. Ring, motion carried.

 

The Board discussed case SWO-2008-12 and presented its recommendation to the Attorney General’s Office.

 

The Board reviewed case SWO-2009-7 and requested more information.

 

EXECUTIVE SESSION

 

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

 

It was moved by Mr. Payne that the Board enter regular session. Seconded by Mr. Walton, motion carried. Individual votes for this motion were: Mr. Payne, aye; Mr. Walton, aye; Ms. Ring, aye; and Ms. Magera, aye.

 

APPLICATIONS

 

It was moved by Mr. Payne to approve Wendy Christensen to take the bachelor level ASWB exam. Seconded by Mr. Walton, motion carried.

 

It was moved by Mr. Payne to approve Gayle Tingey to take the bachelor level ASWB exam. Seconded by Ms. Ring, motion carried.

 

It was moved by Mr. Payne to approve Angelina Norton to take the master level ASWB exam. Seconded by Mr. Walton, motion carried.

 

It was moved by Mr. Payne to approve Steven Sample to take the master level ASWB exam. Seconded by Mr. Walton, motion carried.

 

MENTAL HEALTH PROFESSIONALS IN FAMILY COURT

 

Vicki Howard spoke to the Board regarding mental health workers who do custody evaluations for the court system and the problems that are associated with the evaluations. Ms. Howard recommended that the mental health workers receive training and she indicated there is a book titled, “Psychological Evaluations for the Court,” which is very helpful.

 

CLINICAL SUPERVISION

 

Dr. Harkness discussed with the Board overlapping two supervision plans. He is supervising a master level social worker working toward an independent license that will be completed in one year. Now the applicant would also like to start working toward the clinical level license. The Board stated the person should submit a clinical supervision plan for review.

 

PROPOSED LAWS AND RULES

 

Mr. Hales presented the proposed law for discussion. Currently the qualifications regarding education and experience needed to reach each of the three levels of licensure for the various levels of Social Work licensure are under the definitions section of the law. This change would put that language in Idaho Code 54-3206, which is the qualifications section. It was moved by Mr. Payne that the Board approve the proposed law and submit it for the 2010 Legislative Session.  Seconded by Mr. Walton, motion carried.

 

Mr. Hales presented the proposed rules for discussion. The Board did not approve the proposed rules.

 

LEGISLATIVE REPORT

 

Ms. Cory introduced Lori Peel who has replaced Budd Hetrick.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss presented the investigative report.

 

For Board Determination:

 

I-SWO-2006-3         C alleged R engaged in inappropriate conduct with a 17-year-old minor living in R’s household as a foster child.  INV revealed law enforcement and Health and Welfare investigations did not reveal any evidence to support the allegation, and minor had history of making similar allegations at other foster homes.  INV did not reveal any evidence to support the allegation.  IBOL recommends Board authorize closure.  It was moved by Mr. Payne that the Board authorize closure. Seconded by Ms. Ring, motion carried.

 

I-SWO-2007-27      C alleged R inappropriately filled out forms on behalf of C’s 91-year-old mother who has dementia.  C has power of attorney for her mother and was never contacted prior to R’s visit to C’s mother.  INV revealed R was a contract employee of an agency that meets with administrators of assisted living, nursing and long-term care facilities and provides the administrators a binder of information and referral forms that allows the administrators to refer individuals in their care facilities to the agency for private counseling services.  INV also revealed it was the agency’s responsibility to obtain the necessary approvals (including approval from the assisted care facility, insurance, family doctors and guardians) prior to sending R to a client’s home to perform an assessment to determine if counseling services would be beneficial.  INV revealed that the paperwork R received prior to visiting the client in this case indicated that the appropriate paperwork had been completed by the agency.  In addition, after R completed the assessment of the client and determined that the client would benefit from counseling, R noted on the assessment that R “left the paperwork for the client’s daughter to review and make a decision.”   INV did not reveal any evidence to support the allegations or a violation.  IBOL recommends the Board authorize closure.  It was moved by Ms. Ring that the Board authorize closure. Seconded by Mr. Walton, motion carried.

 

I-SWO-2007-31      C alleged R, an applicant, changed DARs upon request of R’s supervisor to make hours coincide with billing practices, billed separately for clients seen as a group, submitted DARs with client time while on vacation, failed to report to supervisors that R was invited to participate in a plan to commit Medicaid fraud, and wrote progress notes following R’s suspension from employment.  IBOL records reflect that R submitted an application in June 2003 but has never completed the application process.  Because the Board does not have jurisdiction over an applicant in a disciplinary matter, IBOL recommends the Board authorize closure.  It was moved by Mr. Payne that the Board authorize closure and that the case to submitted to the Prosecuting Attorney where the Respondent resides. Seconded by Mr. Walton, motion carried.

 

I-SWO-2007-41      C alleged that R failed to provide adequate care or prepare adequate reports.  INV revealed that C and his ex-wife were ordered by the court to participate in counseling to improve communication skills and learn to co-parent.  R performed an assessment of the family history and dynamics and subsequently provided a Treatment Summary and Recommendations to the court, including a recommendation as to the appropriateness of the parents agreeing to or the court ordering the use of a parenting coordinator to assist the parents in communicating and decreasing their ongoing level of conflict.  R then withdrew from the case to allow the court-ordered parenting coordinator to take over.  INV did not reveal any evidence to support the allegations or a violation.  IBOL recommends the Board authorize closure. It was moved by Mr. Walton that the Board authorize closure. Seconded by Ms. Ring, motion carried.

 

I-SWO-2008-18      C alleged that R was a partner of an agency that received Medicaid overpayments and failed to return the overpayments.  INV revealed that while Medicaid is working with the agency owners to recoup the overpayments, Medicaid will not be pursuing action against the owners because it could not find any evidence of fraudulent activity and has closed its investigation. IBOL recommends the Board authorize closure. It was moved by Mr. Walton that the Board authorize closure. Seconded by Mr. Payne, motion carried.

 

I-SWO-2008-27      C, who formerly shared office space with R, alleged that R acted unprofessional toward C in front of clients.  INV revealed that C (an LCSW) and R (an LMFT) shared an office complex with a third health care provider.  The complex included a shared common foyer/waiting room that had stone floors, creating a noisy environment, and the complex was fairly small, creating close quarters for the parties.  INV revealed that while C and R engaged in behavior apparently designed to annoy the other, no evidence was revealed to support allegations of unprofessional conduct.  IBOL recommends the Board authorize closure. It was moved by Ms. Ring that the Board authorize closure. Seconded by Mr. Payne, motion carried.

 

I-SWO-2008-38      C alleged that R made negative comments about C to one of C’s clients.  INV revealed the alleged incident took place in a bar, outside of any clinical setting.  C’s witness (who was allegedly the recipient of the alleged incident) refused contact with the investigator.  INV revealed no evidence to support the allegation.  IBOL recommends the Board authorize closure. It was moved by Mr. Walton that the Board authorize closure. Seconded by Mr. Payne, motion carried.

 

I-SWO-2009-11      C alleged that R, an applicant, violated C’s child’s confidentiality. INV revealed that R was working in the capacity of a patient scheduler, not as a social worker.  In addition, INV did not reveal any evidence that R is working as or representing herself as a social worker.  IBOL records reflect that R submitted an application in June 2007 but has never completed the application process.  Because the Board does not have jurisdiction over an applicant in a disciplinary matter, IBOL recommends the Board authorize closure. It was moved by Mr. Payne that the authorize closure. Seconded by Ms. Ring, motion carried.

 

SETTLEMENT ORDER

 

Ms. McGinty presented the Settlement Order number SWO-2009-8. It was moved by Mr. Payne that the Board approve the Settlement Order regarding continuing education for case SWO-2009-8 and authorize the Chair to sign on behalf of the Board. Seconded by Ms. Ring, motion carried.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report to the Board showing a cash balance of $36,547.89 as of June 30, 2009. The cash balance should continue to climb as the application and renewal fees have increased.

 

CLINICAL SUPERVISION PLAN

 

It was moved by Mr. Payne that the Board add the revision of the clinical supervision plan to the December Board meeting agenda. Seconded by Ms. Ring, motion carried.

 

SUPERVISION REPORT FORMS

 

The Board discussed late supervision report forms. The Board directed the Bureau to send out post cards to the approved clinical supervisors advising them of the supervision rules.

 

CORRESPONDENCE

 

The Board reviewed a letter from Hildy Ayer and directed the Bureau to respond quoting the reinstatement rules.

 

The Board reviewed an e-mail question from John Condon and directed a letter be sent requesting clarification.

 

The Board reviewed an e-mail question from Nathaniel Williams on confidentiality in clinical supervision. The Board requested more information.

 

The Board reviewed an e-mail question from Rick Thompson regarding the requirements on clinical supervision once the application has been approved for taking the clinical level exam. The Board directed a letter to be sent that states they must continue supervision until the exam is passed and the clinical license is issued.

 

The Board reviewed an e-mail question form David Priestley regarding clinical supervision under a supervisor, other than the one approved by the Board, until the exam is passed. The Board directed a letter be sent stating the supervisor must be a registered clinical supervisor.

 

The Board reviewed a letter from Bonnie Horsburgh regarding using a web-cam with the approved clinical supervisor. The Board directed a letter to be written approving the use of a web-cam for face-to-face supervision, but to be aware of any security issues.

 

The Board reviewed an e-mail letter from Tammy McCafferty and information on providing comprehensive diagnostic assessments. The Board stated that she must be under an approved clinical supervision plan to provide clinical social work.

 

The Board reviewed a renewal application and request from David Doten to have his continuing education waived for the renewal of his license. Moved by Mr. Payne that the Board grant the waiver of the continuing education for this year’s renewal and that he must get the required 20 hours of continuing education for the next renewal or request to go inactive. Seconded by Ms. Ring, motion carried.

 

BOARD CHAIR

 

Ms. Cory reviewed the social work law for rotation of the Board Chair, which states the Chair is the person in the 4th year of their five year term. Cheryl Jurgens meets this requirement and is the new Board Chair.

 

HEALTH AND WELFARE PROPOSED RULES

 

Mr. Payne addressed the proposed Health and Welfare Alcohol/Substance Abuse Rules. Ms. Cory will find out when the draft rules will be ready and notify the Board.

 

ASWB FALL MEETING

 

Moved by Mr. Payne to approve Ms. Magera to attend the ASWB October meeting. Seconded by Ms. Ring, motion carried. The Board will discuss at the next meeting who the second person will be.

 

CONFERENCE CALL MEETING

 

The Board scheduled a conference call meeting for September 11, 2009 at 8:30 AM MDT.

 

ENDORSEMENT APPLICATION

 

Moved by Mr. Payne that the Board grant a clinical level license to Stephanie Sencil. Seconded by Ms. Ring, motion carried.

 

EXECUTIVE SESSION

 

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

 

It was moved by Mr. Payne that the Board enter regular session. Seconded by Ms. Ring, motion carried. Individual votes for this motion were: Mr. Payne, aye; Mr. Walton, aye; Ms. Ring, aye; and Ms. Magera, aye.

 

APPLICATIONS

 

It was moved by Mr. Payne to issue licenses to the following applicants:

 

LCSW-29950

OHS AMY I

LCSW-29956

SLAVIN-TAYLOR HEATHER ANN

LMSW-29946

BUCKNER CHERYL LYNNE

LMSW-29945

BOYCE RICHARD J

LMSW-29948

HOGAN JULIE K

LCSW-29960

SENCIL STEPHANIE 

LMSW-29959

WILSON DALE K

LMSW-29958

WEGNER CHRISTINA P

LSW-29944

ANDERSEN ERIN ELIZABETH

LMSW-29953

PRELL JULIE 

LSW-29947

DESFORGES JENNIFER M

LSW-29949

MUNNS DEANN RAYMOND

LMSW-29957

SMITH KRISTIN M

LSW-29951

OWENS CRYSTAL JOY

LSW-29952

PATERSON DONNA M

LSW-29954

SCHENK JANIE D

LSW-29955

SIDDOWAY ROBERT WENDELL

LCSW-29967

CLARK KEVIN G

LCSW-29968

FAIRBANKS RICK 

LSW-29966

CARLSEN CARMA JACKSON

LSW-29970

GEIGER BOBBI JO

LMSW-29969

GEIGER BLAINE 

 

Seconded by Mr. Walton, motion carried.

 

 

ADJOURNMENT

 

It was moved by Mr. Payne that the Board meeting adjourn at 4:00 PM MDT. Seconded by Ms. Ring, motion carried.

 

 

 

_________________________________      _________________________________

Christiane E. Magera, Chair                              Cheryl R. Jurgens

_________________________________      _________________________________

Dorothy Ring                                                    Robert Payne

_________________________________      _________________________________

Carolyn Burt                                                     Kristopher L. Walton

_________________________________

Tana Cory, Bureau Chief