Present: Kim Spencer, LICSW, Alan Goodman, LCMHC, Shawn Hassell, LMFT, Deborah Warner, LP, David Sundell, LPP and Justice Joseph P. Nadeau (Ret.), Public Member.
Not present: ---
Board meeting was called to order at 9:00 AM.
Draft minutes of the September 16, 2011 meeting were reviewed by the Board.
Motion was made by Joseph Nadeau and seconded by Shawn Hassell to approve the minutes with two minor grammatical corrections on page 2 and 3 as well as adding language on page 5, III appointing Joseph Nadeau as hearing officer in the Jason Butler matter. Motion passed unanimously.
A. Mark Vattes – The Board reviewed a letter from Mr. Vattes expressing his concerns about previous letters he sent to the Board regarding Jackie Lessard and his concerns that she is advertising herself as a licensed mental health professional. The Board previously determined the advertising Mr. Vattes was referring to on various websites was out of Ms. Lessard’s control. Motion was made by Joseph Nadeau and seconded by Kim Spencer to send a letter to Mr. Vattes explaining that the Board read his letter and with the facts presented there is no jurisdiction for the Board. The letter will also inform Mr. Vattes that the Board does not cover psychiatry and psychoanalysis. Motion passed unanimously.
B. Kenneth M. Ralph, Ph.D. – The Board reviewed a letter from Dr. Kenneth Ralph of J & K Seminars asking the Board to consider live webinars as meeting the Board’s “in-person” CE hour requirement. Motion was made by Deborah Warner and seconded by Kim Spencer to send a copy of Mhp 402.01 to Dr. Ralph and explain Board rules allow 20 of the 40 CEU’s required for license renewal to be obtained via home study. A webinar would be considered home study. The Board rule does not specifically state CEU’s have to be “in-person.” Motion passed unanimously.
C. Debra White – The Board reviewed a letter from Debra White of Capella University asking the Board to consider attendance of two (2) residential colloquiums (six-days each) provided by Capella to students in the MS in Mental Health Counseling Program as meeting Administrative Rule Mhp 302.16 (residence requirement.) She also asked the Board to follow in the footsteps of Illinois and Missouri and determine that CACREP accreditation effectively overrides the new one year residency requirement. Motion was made by Joseph Nadeau and seconded by Deborah Warner to send a letter to Ms. White explaining that Mhp 302.16 expanded upon former rule Mhp 302.17 (c) and (d). The residency requirement is not new. The letter will also inform Ms. White, petitions for waiver, as allowed by Mhp 212.01, can be submitted for Board review at the time application is made to the Board. Motion passed unanimously.
D. Christine Arnzen – The Board reviewed Ms. Arnzen’s letter regarding e-therapy. Motion was made Deborah Warner and seconded by Alan Goodman to address this letter at the November 18, 2011 meeting. Motion passed unanimously.
E. Linda Stamm, Psy.D. – The Board reviewed Dr. Stamm’s letter regarding teleconferencing and temporary licensure. Motion was made by Deborah Warner and seconded by Alan Goodman to address this letter at the November 18, 2011 meeting. Motion passed unanimously.
II. ANNUAL REPORT
A. Motion was made by Deborah Warner and seconded by Kim Spencer to send the Annual Report to Governor and Council. Motion passed unanimously.
III. LEGISLATION – Oral update
A. HB 554 – Mental Health Records – The following handouts were distributed to Board members at the October 21, 2011 meeting: HB 554 with amendment, written testimony signed by James T. Boffetti and Anne Edwards dated 10/18/11, and undated written testimony signed by Deborah Warner, Ph.D. received at the Board office on 10/21/2011.
The Board will review the testimony distributed at the meeting. On October 20, 2011 HB 554 was voted 5 -4 to send to interim study. This bill still has to go before the full committee for a vote.
Motion was made by Deborah Warner and seconded by Shawn Hassell to go into non-public session to discuss the question asked as to whether or not confidentiality has ever been breached? Motion passed unanimously.
Returned to public session
B. HB 476 – Deborah Warner reported the sub-committee voted 3-2 to retain this bill. This bill still has to go before the full committee for a vote.
A. Parenting Rights and Responsibilities draft document – Motion was made by Deborah Warner and seconded by Alan Goodman to provide each professional Board member a copy of the Parenting Rights and Responsibilities document to re-edit as appropriate for that purpose and share with its professional association. Board members will encourage them to establish standards of best practice regarding this issue and to use this document as a starting point. Motion passed unanimously.
B. Professional Conduct Investigators (PCI’s) – A discussion was held on finding ways to fund payment for the PCI’s. RSA 330-A: 7 allows for a per diem compensation of $100 for members of the PCI committee. The Board reviewed RSA 332-G: 3 Investigatory and Legal Expenses. Motion was made by Alan Goodman and seconded by Kim Spencer to have Alan Goodman and Peggy Lynch draft a letter to Governor and Council requesting funds to pay the PCI’s. Motion passed unanimously.
Motion was made by Deborah Warner and seconded by Alan Goodman to grant 20 hours of continuing education to each professional conduct investigator who completed a Report of Investigation that was reviewed by the Board at its September and October 2011 Board meetings. Motion passed unanimously.
Motion was made by Kim Spencer and seconded by Joseph Nadeau to send a letter of gratitude from the Board to the Professional Conduct Investigators. Motion passed unanimously.
C. Templates – Motion was made by Deborah Warner and seconded by Kim Spencer to move the discussion on templates from non-public session into public session. Motion passed unanimously. Motion was made by Alan Goodman and seconded by Kim Spencer to approve the following titled templates with suggested changes and use these in place of current letters:
1. no further action letter to licensee (post complaint);
2. letter of concern to licensee (post complaint);
3. no further action letter to licensee (prior to complaint); and
4. letter to licensees who did not renew their license
The letter titled no further action/letter of concern letter to complainant (prior to complaint) and no further action/letter of concern to complainant (post complaint) will be reviewed at the November Board meeting.
D. Instructions for filing a complaint – The Board reviewed some information written in 1997 regarding how to file a complaint. This information was not relevant and was not what a Board member had requested. No action was taken on this matter.
E. Motion was made by Joseph Nadeau and seconded by Kim Spencer that the Board reaffirms Mhp 207.09. The authority to issue subpoenas has not been delegated to staff or committee by specific resolution or order. Passed unanimously.
Upon the motion of Joseph Nadeau 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 Alan Goodman and the second of Joseph Nadeau, 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: Tara Davis-Thompson, Jessica Fitzgerald, Erin Crangle, Julianne Bailey, Lori Davis, Heather Ramm, Heather Prebish, Jessica Turgeon and Jacob Champney.
B. Approved clinical social workers: Katherine Hersom, Tracy Lyn Delea, Kristen Magro, Christine Powers, Eleanor Grabach, Elaine Marie Surrell, Wendy Allen, Meredith Delmage, Connie Easterline and Rebecca Kosterman.
C. Approved psychologists: Sean Moundas, Szu-Hui Lee, and Danielle Palmer
D. Approved marriage & family therapists – no applications approved
E. Approved pastoral psychotherapists – no applicants reviewed this month
II. APPROVED CANDIDATE FOR LICENSURE: SUPERVISORY AGREEMENTS
A. Mental Health Counselors: Linda MacDow, Amanda Bussone, Sandra Dacosta, Emily Robbins, Jessica Whitney, Sarah Chaplin, Kimberly Cox, Sandy Burke, Sean Fleming, Amanda Cortese, Shauna Delworth, Sean Flemming, Linda Perry, and Jessica Sponseller
B. Social Workers: no agreements for review this month.
C. Marriage & Family Therapists: Stephanie Huggs
D. Psychologists: Elyse Corbett, Teresa Reeves, Josh Kingsbury, Brad Spickard, Julien Perille, Sabrina Krum, Alison Roy
E. Pastoral Psychotherapists: no agreements for review this month.
III. DOCKET NO. 11-002 – Jason Butler, LICSW
A. Jason Butler, LICSW – The Board approved a Settlement Agreement with Mr. Butler. Mr. Butler’s licensed is revoked effective 11/3/2011. The Settlement can be viewed at www.nhlicenses.nh.gov
IV. DISCIPLINARY ACTION
A. Richard Segal, LCMHC – The Board approved a Settlement Agreement with Mr. Segal. Mr. Segal is reprimanded effective 11/1/2011. The Settlement can be viewed at www.nhlicenses.nh.gov
Meeting was adjourned at 3:45 PM
Next meeting scheduled for November 18, 2001