IDAHO BOARD OF SOCIAL WORK EXAMINERS

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 8/2/2010

 

BOARD MEMBERS PRESENT:  Robert Payne

                                                             Kristopher L. Walton

                                                             Christiane E. Magera

                                                             Dorothy Ring

 

 

BOARD MEMBERS ABSENT:    Cheryl Jurgens

                                                            Carolyn Burt              

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Administrative Support Manager

                                                            Lori Peel, Investigative Unit Manager

                                                            Karl Klein, Administrative Attorney

                                                            Roger Hales, Administrative Attorney

                                                            Emily Mac Master, Deputy Attorney General

                                                            Cherie Simpson, Management Assistant

                                                            Marilyn London, Technical Records Specialist I

 

OTHERS PRESENT:                     Delmar Stone, NASW

                                                            Michelle Poelstra, Applicant

                                                            Wanda Ward, Applicant

                                                            Cathy Anderson, Social Worker

                                   

The meeting was called to order at 9:00 AM MDT by Kristopher Walton.

 

It was moved by Mr. Payne to designate Kristopher Walton as Chair. Seconded Ms. Ring, motion carried.

 

APPROVAL OF MINUTES

 

The Board reviewed the minutes from the April 5, 2010 meeting. It was moved by Ms. Ring that the Board approve the April 5, 2010 Board meeting minutes. Seconded by Mr. Payne, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory informed the Board that proposed rules must go to the Governor’s Office next week. Also the Bureau is looking at using outside counsel for legal services because the Attorney General’s Office has notified the Bureau that it will no longer be able to provide the level of service it has in the past.

 

FINANCIALREPORT

 

Ms. Hall presented the financial report to the Board showing cash balance of $101,611.64 as of June 30, 2010.

 

CONTRACT

 

Ms. Hall presented the Bureau/Board 2011 Contract Addendum. It was moved by Mr. Payne that the Board approve the contract and authorize the Chair to sign on behalf of the Board. Seconded by Ms. Magera, motion carried.

 

PROPOSED RULES

 

Mr. Hales presented a copy of the proposed rules. After discussion, changes were made. It was moved by Mr. Payne that the Board approve the proposed rules with the changes and submit them for the 2011 Legislative Session. Seconded by Ms. Magera, motion carried. The proposed rules include removing the related fields and defining clinical supervision.

 

EXECUTIVE SESSION

 

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

 

APPLICATIONS

 

It was moved by Mr. Payne to approve the exam application of Michelle Poelstra. Seconded by Ms. Ring, motion carried.

 

It was moved by Mr. Payne to approve the exam application of Wanda Ward. Seconded by Ms. Magera, motion carried.

 

RECOMMENDED ACTION ON DISCIPLINARY COMPLAINTS

 

Ms. Mac Master presented cases SWO-2009-7, SWO-2010-10, SWO-2010-12, SWO-2010-16, SWO-1010-18, and SWO-2010-21. The Board presented its recommended action on each case.

 

SWO-2010-16 - It was moved by Mr. Payne that the Attorney General’s Office send a letter concerning the passing of time that had occurred in contacting the client and authorize the case to be closed. Seconded by Ms. Magera, motion carried.

 

SWO-2010-21 - It was moved by Mr. Payne to authorize closure and request that the Attorney General’s Office send an advisory letter. Seconded by Ms. Ring, motion carried.

 

EXECUTIVE SESSION

 

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

 

REINSTATEMENT OF LICENSE

 

The Board reviewed information and a request from Cathy Anderson to reinstate her social work license. Mr. Walton recused from discussion. It was moved by Mr. Payne that the Board approve reinstatement of Cathy Anderson’s social work license based upon her fulfilling all the requirements stated in the consent order and require the payment of the 2011 renewal fee and $25.00 reinstatement fee. Seconded by Ms. Magera, motion carried.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the investigative report.

 

For Board Determination:

 

I-SWO-2008-3  C, the former office manager for the agency where R was employed at the time of the incident, alleged that R failed to respond appropriately with a suicidal client.  Investigation revealed that the client saw R once for a substance abuse evaluation and denied that she had any suicidal thoughts.  R stated that she also asked the client if she had developed a means and/or a method, and again the client responded, “no” and added “but where no one would find me.”  The client later died of a self-inflicted gunshot wound.  IBADCC completed an investigation into the incident and found that R had acted in a professional manner and had met the procedure concerning clients who profess a desire to commit suicide but deny any plan or intent.  IBADCC also found that R gave the client several resources should her suicidal ideation become stronger, and that the client had an appointment the next day with her primary counselor.  The primary counselor informed the investigator that she did not have any concerns at that time that the client was going to commit suicide.  The investigation did not reveal any evidence that R did not respond appropriately with the client; therefore, IBOL recommends that the Board authorize closure.  

 

I-SWO-2009-22         C alleged R fraudulently billed an insurance company while employed at C’s agency.  Investigation revealed that shortly after R left C’s agency, the agency received payments from the insurance company for two individuals who were seen by R at another institution where R worked but not at C’s agency.  The insurance company informed the investigator that it appeared to be a clerical error and has been straightened out.  The investigation did not reveal any evidence to support the allegation that R submitted fraudulent billings; therefore, IBOL recommends that the Board authorize closure.

 

I-SWO-2010-13 and I-SWO-2010-14  Cs, the Clinical Supervisor and the PSR Operations Manager at Agency X, alleged that R engaged in uninvited solicitation of a client.  Cs informed the investigator that one of the goals of Agency X is to help clients learn to budget their money so that personal needs may be met throughout the month, and the client ran out of tobacco and was demanding that her PSR worker purchase tobacco for her.  The PSR worker reported that R began visiting the client and the client was considering a change in PSR providers.  The PSR worker stated that she explored the benefits and disadvantages of changing providers, and the client informed the PSR worker of her intent to change agencies.  The client later informed the PSR worker that R had purchased and delivered to her some tobacco when she requested.  R informed the investigator that the client had been with his agency (Agency Y) over five years ago and had been periodically requesting to be transferred back.  R stated that he did not solicit the client and had told the client that it was not good to move back and forth between agencies because she needed consistency.  R stated that the client is very low functioning, has a very low ability to cope and is schizophrenic.  R stated that the client’s PSR worker at Agency X used to work at Agency Y and was the client’s case worker, and when the PSR worker left to work at Agency X the client wanted to go and the transfer was made.  R stated that he informed the client that it would be a long time before she could go back to Agency Y.  R stated that the client called them weekly for the past several years wanting to come back.  R denied that he approached the client and asked her to return to Agency Y; R stated that the client is at an assisted living group home and when he goes to see his clients this client approaches him and asks him to take her back.  R stated that he did not purchase tobacco for the client while she was receiving services at Agency X.  R stated that after she was signed up he did purchase $7 worth of tobacco for the client because if she goes into her withdrawals she is not a nice person and they needed to consider the safety of all the other residents.  R stated that he told the client that she needed to pay him back when she got her paycheck, and she did.  R stated that a few weeks later he found out that the client had $1,000 in her account and the other agency could have purchased the tobacco for her.  The investigator attempted to talk to the client, and the client stated that she had asked to return to Agency Y and it was her idea.  It does not appear that R solicited the client; therefore, IBOL recommends that the Board authorize closure.

 

I-SWO-2010-25  C alleged that R had an MSW and provided counseling without a license.  In response to a letter from IBOL, R stated that in August 2009 she moved to Idaho from another state and joined a practice of counselors.  R stated that she was not aware that she had to be licensed in Idaho and practiced for a number of weeks before she was told that she needed licensure in Idaho.  R stated that she has not practiced since she became aware that she needed to be licensed.  R stated that she was a recent graduate and submitted documentation for licensure after receiving the letter from IBOL.  R stated that she is taking steps to become licensed and was unaware that she was doing anything illegal or ethically wrong.  IBOL records show that R received her MSW in June 2009, submitted her LMSW application to the Board on 3/8/10, and was approved to take the exam on 3/15/10 (IBOL has not received her exam scores yet).  R’s application shows that R received her education in and moved from a state that only licenses clinical social workers. IBOL recommends that the Board authorize closure with a warning letter to R advising R that, should she obtain her Idaho license, as an LMSW she can provide psychotherapy only under the supervision of an LCSW, psychologist, or psychiatrist and in accordance with an approved supervision plan.  It was moved by Mr. Payne that a letter be sent stating they are in need of a license and approved supervisor to practice in Idaho and any future complaints for unlicensed practice will be forwarded to the prosecutor.  Seconded by Ms. Magera, motion carried.

 

I-SWO-2010-40  C, an insurance company, alleged R submitted five claims for services in Idaho when C is not licensed in Idaho.  In response to a letter from IBOL, R stated that she has been a Licensed Independent Social Worker in another state since 1993.  R apparently saw the client in the other state and, after the client moved to Idaho, R conducted telephone consultations with the client.  R stated that she was told by the insurance company that she was “in network as a PPO and should bill her local [branch of the insurance company].”  R stated that, pursuant to this authorization, she submitted five billing forms to the local insurance company and was paid.  R stated that the insurance company later did an audit and requested that all money paid for the telephone consultations be returned because telephone consultations were not allowed.  R stated that she thought she had billed properly but promptly complied with the insurance company’s request.  R stated that this has been a wake-up call.  IBOL notes that although the Board’s laws or rules do not specify that service takes place where the client is located, a 2005 NASW and ASWB document entitled “Standards for Technology and Social Work Practice” states at Standard 5:  “Social workers should understand that in some jurisdictions, the delivery of social work services is deemed to take place at the location of the client.  It is the social worker’s responsibility to contact the regulatory board(s) of intent to provide services and find out what requirements are necessary to provide services legally in those jurisdictions.”  IBOL recommends that the Board authorize closure of this case with an advisory letter to R that, in the future, she should research the requirements of the jurisdiction in which the client is located.  It was moved by Mr. Payne that an advisory letter be sent and authorize closure. Seconded by Ms. Magera, motion carried.

 

I-SWO-2010-45  R failed to respond to the audit request, but subsequently provided

documentation verifying completion of appropriate CE during the audit period.  IBOL recommends that the Board authorize closure.

 

It was moved by Mr. Payne that the Board authorize closure on cases I-SWO-2008-3, I-SWO-2009-22, I-SWO-2010-13, I-SWO-2010-14, and I-SWO-2010-45. Seconded by Ms. Magera, motion carried.

 

DISCIPLINARY CASES

 

Ms. Peel presented a supervision report for case SWO-2007-6 for review.

 

Ms. Peel presented a Findings of Fact, Conclusions of Law and Final Order for SWO-2011-1. It was moved by Mr. Payne to approve the order and authorize the Chair to sign on behalf of the Board. Seconded by Ms. Ring, motion carried.

 

Ms. Peel presented continuing education courses for the Board to review for case SWO-2005-11. The Board did not approve the continuing education courses as having met the final order and directed the Bureau to reply to Respondent’s attorney.

 

LUNCH

 

It was moved by Mr. Payne that the Board convenes for lunch at 12:30 PM. Seconded by Ms. Magera, motion carried.

 

The Board reconvened at 2:00 PM.

 

OLD BUSINESS

 

ASSOCIATION SOCIAL WORK BOARDS DUES

 

The Board reviewed the ASWB membership dues for 2010.     It was moved by Mr. Payne that the Board authorize payment for the 2010 ASWB membership dues. Seconded by Ms. Magera, motion carried.

 

NEW BUSINESS

 

ELECTION OF BOARD CHAIR

 

It was moved by Ms. Ring that Kristopher Walton be elected as Chair. Mr. Payne amended the motion to include that the election is in accordance with the Idaho Code 54-3203. Seconded by Ms. Magera, motion carried.

 

RENEWAL FORM

 

The Board reviewed the renewal forms. The Board requested that question one be revised to add the statement, “in accordance with Rule 351”. It was moved by Mr. Payne to add a question number 4 that requires the licensee to verify they have read the social work laws and rules. Seconded by Ms. Ring, motion carried.

 

REFERENCE FORM

 

The Board discussed the reference form that is required as part of the exam application.  The Board approved the reference form to be changed by adding a notary requirement. The reference form will be part of the application packet and the applicant will have the responsibility of obtaining the completed reference form and sending it with the application.

 

CORRESPONDENCE

 

The Board reviewed a letter from Collete Hoglund asking if discharge planning is considered social work and if a social worker who has lost their license because of a disciplinary matter is allowed to do discharge aftercare planning with patients.  The Board directed the Bureau to respond stating that that an individual must be licensed in Idaho to do social work. The company policy dictates if the person is allowed to do discharge aftercare planning.

 

The Board reviewed a letter and documentation from Craig Riche’ requesting a waiver of the continuing education requirements in order to renew his license. It was moved by Mr. Payne that the Board waive the continuing education requirements for one year due to medical hardship. Seconded by Ms. Ring, motion carried.

 

ASWB CONFERENCE

 

The ASWB conference is November 11 – 13, 2010 at New Orleans, Louisiana. It was moved by Ms. Ring to send Ms. Magera as delegate and Mr. Payne as alternate and allow Marilyn London to attend if either one can’t attend. Expenses are to be paid according to state requirements. Seconded by Ms. Magera, motion carried.

 

EXECUTIVE SESSION

 

It was moved by Ms. Magera that the Board enter 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. 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; Ms. Magera, aye; Ms. Ring, aye; and Mr. Walton, aye.

 

APPLICATIONS

 

It was moved by Ms. Magera to deny the exam application for Charlotte Watters based upon her degree is not in social work and does not meet the 36 semester credit hours of social work courses required under the Related Field Rule 100.02. Seconded by Ms. Ring, motion carried.

 

NEXT MEETING

 

The next meeting is scheduled for December 6, 2010 at 9:00 AM MST.

 

ADJOURNMENT

 

It was moved by Ms. Ring that the Board meeting adjourn at 3:50 PM MDT. Seconded by Mr. Payne, motion carried.

 

_________________________________      _________________________________

Robert Payne                                                   Carolyn Burt

_________________________________      _________________________________

Kristopher L. Walton                                        Christiane E. Magera

_________________________________      _________________________________

Dorothy Ring                                                    Tana Cory, Bureau Chief