BOARD MEETING MINUTES – June 17, 2011
Present: David Braiterman, David Sundell, Gail Mears, Kim Spencer, Deborah Warner and Karen Griswold (Ms. Griswold was a substitute Board member as allowed by RSA 330-A:9 and to vote on matters that require just and timely resolution and a quorum due to a Board member being recused). Ms. Griswold did not participate in any votes during the public session of the meeting if a quorum was available.
Not present: -----
Board meeting was called to order at 9:05 AM.
Draft minutes of the May 20, 2011 meeting were reviewed by the Board. Motion was made by David Sundell and seconded by Kim Spencer to accept the minutes with minor corrections to punctuation on page 1 under IB and a grammatical change on page 2 IIA. Motion passed.
For: DS, KS, DB, GM, DW
Not participating: KG
A. Douglas B. Johnson, Psy.D. – The Board reviewed a letter from Dr. Johnson requesting clarification as to whether or not the Board would clarify various legal and ethical questions regarding educational evaluators, W-2 employees, 1099 independent contractors, professional designations, and concerns for SAIF-certified educators providing testing protocols. Motion was made by Deborah Warner and seconded by David Braiterman to respond, in writing, to Dr. Johnson. The Board did not address each specific question individually, however, it did inform Dr. Johnson that the specific situation he talked about in his letter requires informed consent be very clear to all parties, the diagnosis be handled by a licensed person and the person responsible for the performance of the educational evaluator be clearly delineated. The Board strongly suggests Dr. Johnson consult with legal counsel on all matters mentioned in the correspondence. Motion passed. KG did not participate in this vote.
II. LEGISLATION – Oral update
A. HB 554 – Mental Health Records – Deborah Warner reported that changes have been made by the sponsor of this bill. The bill is still in committee. The Board discussed the need for a retention policy on records. Motion was made by Deborah Warner and seconded by David Braiterman to have Board members draft a retention policy for discussion at the July 15, 2011 meeting. Motion passed. KG did not participate.
B. HB 390 – Reinstatement of subcommittees - Deborah Warner reported this bill would restore “advisory committee members” to the list of those allowed to be substitute Board members at a meeting in order to complete a quorum. This bill is scheduled to be enacted on 6/28/2011.
C. HB 476 – Psychology licensing board - Deborah Warner distributed the latest version of HB 476. A summer study session on this bill was held 6/15/2011 and another one is scheduled for 6/23/2011. Motion was made by David Braiterman and seconded by Kim Spencer to make public that the Board takes objection to the client Bill of Rights section in HB 476. Motion passed.
Vote: For: DB, DS, GM, KS
Not participating: KG
D. HJR3 - Deborah Warner made a motion that the Board acknowledge that HJR 3 passed and was signed by the Governor and will do diligence to honor that resolution.
No second to the motion
No further discussion or vote
A. Investigation Process Letter – Motion was made by David Sundell and seconded by Gail Mears to make minor changes suggested by the Board and post this document to the Board’s website. Motion passed unanimously. KG not participating. Motion was made by David Braiterman and seconded by Deborah Warner to waive attorney privilege on this matter and distribute a copy of this document to the public persons attending the meeting. Motion passed unanimously.
B. Order of Formal Investigation – A thorough review of the formal order of investigation and cover letter will be on the July 15, 2011 public agenda.
IV. BOARD APPOINTMENTS
A. Governor and Council has nominated a marriage and family member and a public member to the Board, however, the Council has tabled the confirmations. Lack of Board members causes quorum problems which can lead to Board business, such as investigations, application approvals, and renewals not being acted upon. A shortage of Board members will make forming a quorum for conducting business more cumbersome if the Governor and Council do not start confirming the nominations they brought forth.
Upon the motion of Gail Mears and seconded by Kim Spencer, the Board, by roll call vote, resolved to conduct a non-public session for the purpose of discussing application, investigations of alleged misconduct of licensees, in accordance with RSA 91-A:3, II (c), RSA 91-A:3, II (e), RSA 91-A:5, IV, Lodge v. Knowlton, 118 N.H. 574 (1978), and the Board’s executive and deliberative privileges. Each member recorded his or her vote on the motion, which passed by the unanimous vote of all members present.
Upon the motion of Gail Mears and the second of Kim Spencer, the Board by roll call vote, resolved to withhold the minutes of the preceding non-public session, with the exception of approved applications, responses to motions and disciplinary actions until they are served, from public disclosure pursuant to RSA 91-A:3, III on the grounds that public disclosure would be likely to affect adversely the reputation of a person other than a Board member and to render the proposed action ineffective. Each member recorded his or her vote on the motion, which passed by the unanimous vote of all members present.
I. APPLICATIONS APPROVED FOR LICENSURE
A. Approved mental health counselors: Kelly Marston, Andrew Parker, Melissa Perrino, Grace Zacaroli, Melissa Brien, Tara Nelson and Barbara Sowle.
B. Approved clinical social workers: Terrie Jordan, Jeanne Jones, Karen Langley and Alicia Kupchik
C. Approved psychologists: none this month
D. Approved marriage & family therapists – Rhiannon Beauregard
E. Approved pastoral psychotherapists – no applicants reviewed this month
II. APPROVED CANDIDATE FOR LICENSURE: SUPERVISORY AGREEMENTS
A. Mental Health Counselors: Susan Carter
B. Social Workers: no agreements for review this month
C. Marriage & Family Therapists: Thomas Hulslander
D. Psychologists: Stephanie Clouse
E. Pastoral Psychotherapists: no agreements for review this month.
III. ADVISORY COMMITTEE APPOINTMENT
A. J. David Renouf, M.Ed., LCMHC was appointed to the MHC Advisory Committee.
Meeting was adjourned at 3:00 PM
Next meeting scheduled for July 15, 2011