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About the Board > Minutes of the Public Session
(Minutes are entered once read and approved by the Board)
 

BOARD MEETING MINUTES – September 17, 2010

Present:   Sheila Renaud-Finnegan, David Braiterman, Joan Staigers Haley, Deborah Warner, and Gail Mears.  Thomas Boulter, substitute Board member as allowed by RSA 330-A:9 II, arrived at 10:00. 

Not present – David Sundell

Board meeting was called to order at 9:02 AM.

Draft minutes of the July 23, 2010 meeting were reviewed.  Motion was made by David Braiterman and seconded by Gail Mears to accept the minutes with two minor changes..

Motion passed unanimously.

9:10 AM

Upon the motion of David Braiterman and seconded by Gail Mears, the Board, by roll call vote, resolved to conduct a non-public session for the purpose of interviewing candidates for Professional Conduct Ivestigators 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 David Braiterman and the second of Gail Mears,  the Board by roll call vote, resolved to withhold the minutes of the preceding non-public session, with the exception of the names of approved Professional Conduct Investigators 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.

The Board resumed its public session at 10:15 AM.

I.  CORRESPONDENCE

No correspondence this month            

II. ADMINISTRATIVE RULES

The Board reviewed a letter from JLCAR Attorney Michael Morrell dated August 19, 2010 regarding the Committee’s revised objections to the Board’s preliminary objection response for Final Proposal 2008-165.  The revised objection was based on Committee staff’s annotations and public testimony to Mhp 201.02(a) and (k), Mhp 207.13(b), Mhp 209.01, and Mhp 210.03(b). 

A.  Mhp 201.02(a) - Motion was made by SRF and seconded by GM to strike current language and replace to read as follows:  “Adjudicative Proceeding” shall be defined as in RSA 541-A:1(I).

Motion approved unanimously.

B.  Mhp 201.02 (k) – Motion was made by SRF and seconded by DB to strike the definition of “hearing”.  Motion passed unanimously.

C.  Mhp 207.13(b) – Motion was made by JH and seconded by DB to add a sentence that reads: Just cause shall include illness, accident, the death of a family member or other circumstance beyond the control of the party.  Motion passed unanimously.

D.  Mhp 209.01 - Motion was made by Gail Mears and seconded by David Braiterman to strike the existing rule and insert the following:  A board rule, or any amendment or repeal thereof, shall be governed by RSA 541-A.  Motion passed unanimously.

E.  Mhp 210.03 (b) – Motion was made by DW and seconded by SRF to change the “3” to “8”.  For - DW, Opposed - DB, JH, GM, SRF. Motion failed.

F.Mhp 210.03 (b) – Motion was made by SRF and seconded by GM to make no change to Mhp 210.03(b).  For – JH, GM, SRF, DB, Opposed – DW.  Motion passed.

Motion was made by SRF and seconded by DB to respond to the August 19, 2010.

letter from Michael Morrell, Committee Attorney addressing the revised objections with the approved changes made above.

For:  GM, DB, JH, SRF
Opposed: DW
Motion passed.

The Board reviewed a letter from JLCAR Attorney Michael Morrell dated September 2, 2010 regarding the Committee’s revised objections to the Board’s preliminary objection response for Final Proposal 2008-166.  The revised objection was based on Committee staff’s annotations and public testimony.  The Board reviewed all public testimony relative to all rules addressed in Mhp 300 – 500,  JLCAR comments and the transcript of the hearing.  Motions were made on the following rules:

A.  Mhp 301.02 (d) -   Motion was made by GM and seconded by SRF to strike  old language and use the following:  Pursuant to RSA 330-A:22, supervision hours shall be credited to the Candidate after the supervision agreement is   approved by the board.  Before becoming effective, each Candidate for  Licensure: Supervision Agreement shall be approved by the board if all the criteria of Mhp 301.02(a), (b), and (c) are met.  Motion passed unanimously.

B.  Mhp 301.03 (a) – Motion was made by DB and seconded by GM to amend the section by striking the introductory language and inserting in place thereof the following:  persons wishing to obtain licensure to engage in mental health practice in New Hampshire, shall apply to the board by submitting the following: (1-3 remain unchanged).  Motion passed unanimously.

C.  Mhp  301.04 (i) – Motion was made by DB and seconded by SRF to strike the current language and insert the following:  Documentation from the entity administering the exam or it’s designees of a passing score as follows: (1-5 remain unchanged).  Motion passed unanimously.

D.  Mhp 302.04 (l)(1) -  Motion was made by DB and seconded by GM to strike the word “equivalent.”  Motion passed unanimously.

E.  Mhp 302.04 (l)(2) Motion was made by DW and seconded by SRF to strike the word status and change it to title.  Motion passed unanimously

F.  Mhp 302.04 (l)(5) – Motion was made by DB and seconded by SRF to strike entire sentence.  Motion passed unanimously.

G.  Mhp 302.05 (a) – Motion was made by DW and seconded by SRF  to make no change this section, however,  Mhp 302.05 (g) will be changed  to read as follows:  If an applicant fails the EPPP a second time, readmission shall be permitted only after the applicant completes coursework taken through: (1 – 3) do not change.  Motion passed unanimously.

H.  Mhp 302.22 (g)(1)(c) – Motion was made by Joni Haley and seconded by SRF to amend the rule to add the words “have face to face” to read as follows:  Students have face to face access to a core of marriage and family counseling faculty whose primary time and employment responsibilities are to the institution: and “

I.  Mhp 402.03 (a) – Motion was made by DW and seconded by SRF to make no change.  Motion passed unanimously.

J.  Mhp 402.03(b)(1) – Motion was made by JH and seconded by SRF to amend  by striking it and inserting in its place the following:  The waiver shall be granted if good cause is demonstrated in that: Adherence to the rule would be unduly burdensome to the petitioner for reasons of health, disability, family emergency, or extreme financial hardship. Motion passed unanimously.

K.  Mhp 501.02 – Motion was made by GM and seconded by SRF to complete the Incorporation by Reference Forms required.  Motion passed unanimously.

L.  Mhp 502.01 (m) – Motion was made by GM and seconded by SRF to make no change to this rule.  Motion passed unanimously.

M.  Mhp 503.01(k) –The Board considered this but is not making a change to the definition of a letter of concern, but  see comments to Mhp 503.06.

N.  Mhp 503.02 (c) - Motion was made by DW and seconded by GM to add  a # 5 to this section and add a sentence above the signature to attest to the swearing of the facts of the communications of alleged misconduct:  “I swear under penalty and pain of perjury that the facts of this communication are true to the best of my knowledge.”  Motion failed.

For: DW   Opposed:  DB, JH, SRF, GM .  Mhp 503.02 will remain unchanged. 

O.  Mhp 503.02 (c) – Motion was made by DW and seconded by SRF to add a (g) to this rule which states persons making a communication of alleged misconduct must have standing or close knowledge of the case such as a patient, his/her guardian, another professional involved in the case who has authorized access to the confidential information about the case, an employer or employee of the licensee, a person who has been harmed by the alleged misconduct,  or is a witness to the alleged misconduct.  Motion failed.  For:  DW   Opposed: DB, SRF, JH, GM

P.  Mhp 503.02 (c) – Motion was made by DW and seconded by GM to add a (g) to this rule which requires there be a statute of limitations for communications of alleged misconduct of 7 years, with criminal convictions exempt from such limits.  Motion failed.  For: DW  Opposed: DB, SRF, JH, GM

Q.  Mhp 503.02 (c) – Motion was made by DW and seconded by GM to add a (g) to this rule which would read “the patient’s medical records retained by the board after the adjudication shall be redacted for patient’s personal indentifying information and labeled with a code number, the key for which shall be kept separately from said records in the board’s archives”. Motion failed.  For: DW  Opposed:  DB, SRF, JH, GM

R.  Mhp 503.02 (c) – Motion was made SRF to make no change to this rule.  Motion passed.  For: DB, JH, SRF, GM  Opposed: DW

S.  Mhp 503.02 (e) – Motion was made by JH and seconded by GM to make no change to this rule.  Motion passed unanimously.

T.  Mhp 503.02(g).  Motion was made by DW and seconded by GM to add a new section and number as Mhp 503.04 (b) a rule that would require the client/patient provide a release of information for the board to review their records (if relevant to the allegations) to be submitted along with their communication of alleged misconduct to allow legal access to their records.  If the board does not receive a signed release of information from the patient or their guardian:

1.  The board shall seek the patient, parent, or guardian’s permission for access to records if such records are needed for the investigation.
2.  The board shall hear objections to these requests; objections may be from the patient, parent, or their guardian.
3.  If the board seeks to override the patient/parent/guardian’s objection, it shall seek a court order.
4.  No records shall be provided to the board without the patient’s knowledge and consent without a court order.

Motion failed.  For:  DW  Opposed: DB, JH, SRF, GM

U.  Mhp 503.03 (d) – (mediation) Motion was made by Joni Haley and seconded by GM to delete this in its entirety.  Motion passed.  For: For:  DB, JH, SRF, GM  Opposed:  DW

V.  Mhp 503.04 (b)(d)(e)(f) – Motion was made by SRF and seconded by DW to insert the words “professional conduct” in front of “investigator.”  Motion passed unanimously.

W.  Mhp 503.04 (b) – Motion was made by DW and seconded by GM to add language that would require the professional conduct investigator be from the same discipline as the licensee under investigation.  Motion failed.  For: DW  Opposed:  DB, JH, SRF, GM

X.  Mhp 503.04(f)(4)(b) – Motion was made by DW and seconded by SRF to amend the current language to read “Licensee, a summary of the facts contained in the report of investigation (ROI) in contemplation of good faith settlement proceedings that shall include both inculpatory and exculpatory evidence on the case.  Motion failed.  For: DW  Opposed: DB, SRF, JH, GM

Y.  Mhp 503.05 (a) – Motion was made JH and seconded by SRF to add “as a PCI” after the word attorney in reference to the changes being made to Mhp 503.04 (b)(d)(e)(f).  Motion passed unanimously.

Z.  Mhp 503.06 (c) – Motion was made by SRF and seconded by GM to amend this rule by striking (c) and inserting in place the following: (c) issue a confidential letter of concern, which shall not be considered a disciplinary action of  the board.  If a licensee wishes to file a response to that letter of concern with the board, the board will place that letter in the licensee’s file.  The board will not otherwise respond or take action to the licensee’s response letter.  Motion passed unanimously.

AA.  Mhp 503.07 – (Settlement Agreement) Motion was made by SRF and seconded by DB to make no change to this rule.  Motion passed.  For:  DB, JH, SRF, GM    Opposed: DW

BB.  Mhp 504.09 – (Subpoenas) Motion was made by SRF and seconded by GM to make no change to this rule.  Motion passed unanimously.

CC.  Mhp 505.02 (b) -  Motion was made by JH and seconded by SRF to strike the rule as written and insert the following: 

Mhp 505.02  Standards for the Selection of Sanctions.  Sanctions by the board shall be determined as follows:

(a)The board shall select appropriate sanction(s) from the list in Mhp 503.06, choosing the sanction or combination of sanctions most likely to:

(1)  Protect public health and safety;
(2)  Prevent future misconduct by the licensee;
(3)  Take into account any acknowledgement of fault by the licensee and any cooperation by the licensee with the board's investigation of misconduct;
(4) Correct any attitudinal, educational or other deficiencies which led to the licensee's misconduct;
(5)  Encourage the responsible practice of physical therapy; and
(6)  Demonstrate to the licensee and the public the board's intention to insure that its licensees practice in accordance with applicable law and the public welfare.

(b)  In determining which sanction or combination of sanctions to impose, the board shall:

(1)  First determine the nature of the act or omission constituting the misconduct done by the licensee;

(2)  Next determine whether the misconduct has one or more of the characteristics listed in (c) below; and

(3)  Finally, apply the standards in Mhp 505.03(a).

(c)  The characteristics shall be:

(1)  The misconduct actually caused physical or mental harm to the client or another person;
(2)  The misconduct had the potential to cause physical or mental harm to the client or another person;
(3)  The misconduct repeated earlier misconduct done by the licensee, as determined by:

a.  An earlier hearing;
b.  An earlier settlement agreement predicated on the same misconduct by the licensee;  or
c.  An admission by the licensee;

(4)  The misconduct was not the first misconduct by the licensee, as determined by:

a.  An earlier hearing;
b.  An earlier settlement agreement predicated on the same misconduct by the licensee;  or
c.  An admission by the licensee; and

(5)  The misconduct was intentional rather than the result of negligence or inadvertence.

DD.  Mhp 505.04  Imposition of Fines – Motion was made by JH and seconded by DB to add the words “in accordance with Mhp 505.02” at the end of Mhp 505.04 a and insert “if imposed” after the word fines in Mhp 505.04 (b).

Motion passed unanimously.

III.  REVISED OBJECTION RESPONSE - Final Proposal 2008-166 (Mhp 300-500)

Motion was made by Joni Haley and seconded by David Braiterman to request a 40 day extension to the Committee’s deadline of October 4, 2010 to submit its response to Revised Objection to Final Proposal 2008-166.  Motion passed unanimously.

IV.  STUDY ON RECORDS

Motion was made by DB and seconded by DW to study the subject of how records are retained in the Board office, Attorney General’s office, and State Archives following completion of an investigation.  Motion passed unanimously.

V.  AMHCA PRESIDENT’S AWARD

Gail Mears, Psy.D., Clinical Mental Health Counselor member of the Board, was awarded the AMHCA President’s Service Award.

2:20 PM

Upon the motion of Thomas Boulter and seconded by Gail Mears, 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 Thomas Boulter and the second of Gail Mears,  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:  Thomas Michaelides, Meredith Orchard-Blowen, Miranda Bocko, Brian Newbury and Rebecca James

B.  Approved clinical social workers:  Kimberly Calhoun, Amy Chouinard, Stephanie Emmons, Christine Klein, Rosa Evelyn Marsilla, Kayla Page, Sandra Spadafora, Nancy Gill, Kimberly Patnode, Nicholas Pfeifer and Abigail Aldous.

C.  Approved psychologists:  Mary Crenshaw, Carrie Gray

D.  Approved marriage & family therapists – Jessica Ross, Patricia Clough

E.  Approved pastoral psychotherapists – no applicants reviewed  this month

Joni Haley recused from Gerry Mitchell vote

II.  APPROVED CANDIDATE FOR LICENSURE: SUPERVISORY AGREEMENTS

A.  Mental Health Counselors: Sherry Lapointe, Akira Stuckey, Heidi Tobin, Tiffany Toom, Michelle Wright, Erica Peck, Beth Lynch, Robin Banker, Karen Hall and Mary Croasdale.

B.  Social Workers: Pamela Hoskins, Melissa Johnson, Meghan Knight, Stephanie Kogut, Eric Stanley, Shawn Young, Kristen Magro, Caitlin Miftari, Gerry Mitchell, Lilianne Ouimet and Jennifer Kinsey

C.  Marriage & Family Therapists:  Angela Ford

D.  Psychologists:  Jay Kosegarten and Theresa Ferns

E.  Pastoral Psychotherapists:  no agreements reviewed this month

Joni Haley recused vote on Gerry Mitchell vote
Gail Mears recused from vote on Erica Peck, Beth Lynch
Sheila Renaud-Finnegan recused from vote on Kimberly Calhoun

III.  DISCIPLINARY ACTION

The Board issued a Decision and Order on the matter of Anita Mendes, LICSW.

IV.  NOTICE OF HEARING

The Board issued a Notice of Hearing on the matter of Cynthia Keenan, LCMHC.  Hearing is scheduled for Friday, October 15, 2010 at 9:45 AM at the Board office, 117 Pleasant Street, Concord, NH.

V.  PROFESSIONAL CONDUCT INVESTIGATORS

The Board appointed two licensees to the Professional Conduct Committee:

Ann Wadsworth, LICSW
Nancy S. Davis, LICSW

Meeting was adjourned at 4:30 PM

Next meeting scheduled for October 15, 2010

 
 
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