BOARD MEETING MINUTES – December 17, 2010
Present: Sheila Renaud-Finnegan, David Braiterman, Joan Staigers Haley, Deborah Warner, Karen Griswold, David Sundell and Gail Mears.
Not present: ---
Board meeting was called to order at 9:00 AM.
Draft minutes of the November 19, 2010 meeting were reviewed. Motion was made by David Braiterman and seconded by Deborah Warner to amend the following:
- Second sentence in I. NHPA should read: In response to questions from the Board, Dr. Saylor indicated there was no underlying intent, present or future, to limit practices of other professions;
- Correct a minor grammatical error in III.D Nemetz; and
- Change the name of the conference noted in VI to ASWB.
Vote: For: DB, SRF, JH, DS, KG, DW, GM
I. ADMINISTRATIVE RULES – Joan Haley, Board Chairperson, reported that the JLCAR did not rule on FP 2008-166 (MHP 300-500) at the hearing held December 16, 2010. The JLCAR will not be accepting any more testimony, oral or written on this matter, and will reconvene on January 7, 2011 to make issue their decision on the above-referenced rules.
FP 2008-165 Mhp 200 – Motion was made by David Braiterman and seconded by Joni Haley to adopt FP 2008-165 (Mhp 200). These rules will be filed with the Administrative Rules Division at a later date. Motion passed.
Vote: For: JH, SRF, GM, KG, DB, DS
II. INVESTIGATIVE PROCESS LETTER – work continues on the draft investigative process letter. The Board will review changes at their January 21, 2011 meeting.
A. Alan Nemetz, Ph.D.. – The Board reviewed a letter from Dr. Nemetz asking for clarification about the length of time providers are required to keep the mental health records for minors. Motion was made by Deborah Warner and seconded by David Sundell to advise Dr. Nemetz that according to Board rule Mhp 502.01 (k) a licensee must keep records for a minimum of 7 years following the last activity on the account. Current Board rules do not specifically address records of minors. The Board suggests he check other NH Health and Human Services rules and/or contact his legal counsel. Motion passed unanimously.
B. Neil S. Hibler, Ph.D., ABPP. – The Board reviewed a letter from Dr. Hibler informing the Board that he has been asked to conduct pre-employment screening interviews across the nation. He asked the Board what he needs to do in order to insure that any telecommunication contacts he has with individuals in NH meet Board requirements. Motion was made by Sheila Renaud-Finnegan and seconded by David Braiterman to inform Dr. Hibler that it is unclear to the Board what services he is providing and it appears they do not fall under any exemption listed in RSA 330-A:34. The Board will also inform Dr. Hibler that anyone providing clinical mental health practice, as defined in RSA 330-A:2 VI, via teleconferencing or in person, needs a NH license. A copy of the law was enclosed with the letter. Motion passed unanimously.
C. Evan M. Forman, Ph.D. and James Herbert, Ph.D.. - The Board reviewed a letter from Dr. Forman and Dr. Herbert stating that a resident of NH has expressed his intent to enroll in a research study, “Standard versus Acceptance-Based Exposure and Ritual Prevention for Obsessive Compulsive Disorder” delivered through videoconferencing by investigators at Drexel University. The Drs. state that according to their experts no additional licensure credentials, other than their Pennsylvania licenses, are required and asked the NH Board contact them if they disagree with this. Motion was made by Joni Haley and seconded by David Sundell to inform Dr. Forman and Dr. Herbert that it appears that what they plan to do in the research study would be mental health practice as described under NH Law RSA 330-A:2, VI and that anyone providing clinical mental health practice, as defined in RSA 330-A:2 VI, via teleconferencing or in person, needs a NH license. A copy of the law was enclosed with the letter. Motion passed unanimously.
IV. PROPOSED LEGISLATION BY BD OF MHP
A. At the October 15, 2010 Board meeting a motion was made by Sheila Renaud-Finnegan and seconded by David Braiterman to proceed to seek legislation for an impaired practitioner’s bill now being called mental health practitioners effectiveness program. Representative James McKay, sponsor of the bill, attended the meeting to discuss the bill with the Board. Motion was made by Deborah Warner and seconded by Karen Griswold to have Rep. McKay pull the bill and the Board will work on further development of this bill. Motion passed unanimously.
A. Board Chair – Motion was made by Sheila Renaud-Finnegan and seconded by Gail Mears to nominate David Braiterman for Board Chairperson. No other nominations were made and the vote to elect David Braiterman for the next year was unanimous.
B. Board Secretary – Motion was made by David Braiterman and seconded by Sheila Renaud-Finnegan to nominate Gail Mears for Board Secretary. No other nominations were made and the vote to elect Gail Mears for the next year was unanimous.
C. Deborah Warner, Ph.D. - Effective January 2011, Deborah Warner will be the supervisor of the supervisors group.
D. David Sundell, D.Min. - Effective January 2011, David Sundell will be the Board Investigator.
A. Office Security – Office security was discussed and it was decided the Board should obtain some information on protocol for office security procedures. Board staff will get some information and report back to the Board:
- Staff will check with other NH Boards to see if they have written procedures and/or guidance of what to do in case of an emergency (i.e. irate person comes into the office)
- Staff will check with campus security to see if they can give advice and/or recommendations on office security.
- What procedures do they recommend for notifying them of an emergency in the Board office
- How available is their office?
- If the Board has a hearing, would campus security be able to be present at the beginning of a hearing while the parties enter the office?
B. Psychology Licensing Board bill - Motion was made by David Braiterman and seconded by Gail Mears to oppose the bill being submitted by NHPA for a Board of Psychology. Motion passed.
Vote: For: DB, GM, JH, DS, KG, SRF
C. Deferred matters – The following matters for discussion were deferred until the January 21, 2011 Board meeting:
- Essay exam – review of questions
- Candidate Agreement – wording regarding payment, W-2, non-paid and other possible changes.
D. Informal Inquiry letter – The Board will table this matter until Mhp 300-500 rules are passed.
Upon the motion of Sheila Renaud-Finnegan and seconded by David Sundell, 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 Sheila Renaud-Finnegan and the second of David Sundell, 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: Kimberly Clementi, Kathleen Hook, Martha McClure, Kate Murphy, Michelle Zoeller, Derek Edge, Courtney Atherton.
B. Approved clinical social workers: Nicholas Belsky, Susanne Riemer, Amber Violette, Sarah Capozzi, Julie Littlefield.
C. Approved psychologists: Alice LoCicero
D. Approved marriage & family therapists – Anna Wade
E. Approved pastoral psychotherapists – no applicants reviewed this month
II. APPROVED CANDIDATE FOR LICENSURE: SUPERVISORY AGREEMENTS
A. Mental Health Counselors: Marianne Cochrane, Adrienne Cress, Sheila Dubois, Glenn Dumont, Karen Harrison, Stephanie Huckins, Jacinda Jackson, Siobhan Lopez, Emily Musty, Jeannette Nogales, Lorrie Ripley, Jill Rzasa, Courtney Summers, David Belanger, Dawn Marie Alie.
B. Social Workers: Laura Berman, Hilary Garrison-Botsford, Daniel Baslock
C. Marriage & Family Therapists: Carol Heald
D. Psychologists: Elizabeth Bissinger, Timothy DiGiacomo, Lauren Guth, Lisa Colby. Pastoral Psychotherapists: no agreements reviewed this month
Gail Mears recused from Lorrie Ripley, Stephanie Huckins and Jeannette Nogales
Joni Haley recused from Lauren Guth.
Meeting was adjourned at 3:30 PM
Next meeting scheduled for January 21, 2011