Article archive / January 1, 2013
Originally published: . Volume 4, No. 5. Source pages: 1, 3, 4, 5.
10 to 5 Majority Vote Supports Munn–Morrell Proposal for Merged Bd
In a 10 to 5 majority vote, members of the Behavioral Analysts Licensure and Regulation Study Commission decided to place the behavior analysts with the Licensed Professional Counselors (LPC) board rather than the state psychology board. The vote on the regulatory home for the behavior analysts came at a December 7, 2012, meeting.
The Commission also voted unanimously to approve a “merged” board structure for behavior analysts, in contrast to either a new, independent board, or an “umbrella” type subcommittee.
The Commission was initially created by a Senate Resolution authored by Senator J. P. Morrell of New Orleans. Morrell emerged as a leading opponent of a spring 2012 legislative effort by the LSBEP (Louisiana State Board of Examiners of Psychologists) to pass a bill placing the behavior analysts (BAs) under the psychology board.
The Study Commis- sion’s unanimous vote on December 7 for a merged board put aside an earlier proposal by Dr. Grant Gautreaux for an independent, stand alone state board. Gautreaux represents from 26 to 40 behavior analysts as president of the Louisiana Behavior Analysis Association (LaBAA), according to his statements about the organization noted the Study Commission’s minutes.
The unanimous vote also rejected an earlier proposal for an “umbrella” subcommittee arrangement for BAs, initially put forth by the LSBEP and supported by the Louisiana Psychological Association (LPA).
The psychology board’s initial proposal for a subcommittee structure was dramatically modified following a November 2 presentation when Chair Ashley Munn and Vice Chair Catherine Morrell suggested that the BAs merge with the LPC board. The idea took some by surprise and spurred a modified and unprecedented proposal by the LSBEP to offer two positions on the LSBEP including one for a BA masters professional. (See Times Vol 4 No 4.)
The December vote favoring the LPC board, rather than the LSBEP, highlighted both philosophical and political differences in the mental health groups represented.
Those voting for the LPC board as regulatory authority included Dr. Elizabeth Christian, a physician and parent, representing the Developmental Disability Council.
Dr. Debra Duhe, representing the Office of the State Superintendent of Education, voted in favor of the LPC board. Dr. Duhe is supervisor of school psychological services for the Department of Education and a nationally certified school psychologist.
Dr. Grant Gautreaux, president of the LaBAA, voted in favor of the LPC board.
Michael Malinowski, representing the Paul Hebert Law Center at LSU, voted for the LPC authority. Dr. Gautreaux and Malinowski have published professional articles together for the St. Louis University School of Law and Cornell International Law Journal.
Parent members of the Commission, Chair Ashley Munn and Vice Chair Catherine Morrell, Senator Morrell’s wife, voted in favor of the LPC proposal, a proposal they recommended at the November 2, 2012 meeting of the Commission.
Executive Director of the LPC board, Mary Alice Olsan, voted in favor of her board.
Tony “Bo” Vets II, an assistant behavioral analyst representing St. Mary’s Residential Training School voted in favor of the LPC board.
Dr. Steven Welsh, Dean of the College of Education at Nicholls State U. and school psychologist, voted in favor of the LPC board. Nicholls provides training for behavior analysts and also for specialists in school psychology.
Those voting in favor of the behavior analysts merging with the psychology board included Dr. Denise Arellano, representing the psychology department at McNeese State University. McNeese has a training program for behavior analysts, the McNeese Autism Program, with faculty advisor Dr. Cam Melville. McNeese also lists the McNeese Association for Behavior Analysis (MABA) on their website, noting that the membership in MABA includes students, faculty, and alumni.
Dr. John Courtney, medical psychologist and Vice Chair of the state psychology board, voted in favor of the LSBEP. Courtney originally led the legislative project for the LSBEP in spring 2012. He has since resigned from his duties on the psychology board and will be relocating to New Mexico because of family reasons, according to sources.
Dr. Jodi Kamps, representing the Autism Center at Children’s Hospital in New Orleans, and a colleague of Courtney in the Children’s psychology department, voted in favor of the psychology board.
Dr. Robert Marier, Executive Director of the state medical board, supported the LSBEP option. His vote represented a combined vote by members of the state medical board, according to sources.
Dr. Lacey Seymour, representing the Louisiana Psychological Association, voted in favor of the LSBEP.
The Commission is set to meet again on January 11, 2013, to work on a report for the legislature, and then again on January 25, 2013, to review the final draft. Both meetings are scheduled to take place in room 173 of the Department of Health and Hospitals building, downtown Baton Rouge. The results will be included in a final report to legislature and Senator Morrell has said that he will submit legislation for BA regulation in 2013.
While the group members agreed on many issues such as disciplinary actions, qualifications, fees, and moral character, the December 7 vote brought to a head one of the main issues that the members touched on throughout the six months of deliberations.
The underlying issues of the December 7 vote including feelings about whether the psychology board, and psychologists in general, could be trusted and also to some degree, if the behavior analysts should have autonomy.
Other issues were discussed and voted on, the more controversial issues usually revolving around scope of practice and identity, based on the minutes. In the September 21 meeting, members discussed matters of definition.
According to the minutes, the following definition passed, with members voting 7 yeas, 5 nays, 1 abstain. Christian, Gautreaux, Malinowski, Vets and Welsh voting against the definition, and Kamps, Marier, McBride, Morrell, Munn, Parker and Seymour voted in favor of it. Knight abstained. Olsan and Matenzbacher were not represented. Seymour made a motion to remove the phrase “By a behavior analyst,” which also passed, 7 to 5.
“ ‘Applied behavior analysis’ means the design, implementation, and evaluation of systematic instructional and environmental modifications to produce socially significant improvements in human behavior. It includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. Applied behavior analysis interventions are based on scientific research and the direct observation and measurement of behavior and environment. They utilize contextual factors, establishing operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions.”
The group also disagreed on education, and called for a vote on whether to add psychology to the list of educational degrees. Gautreaux, Malinowski, McBride and Vets opposed the measure, and Christian, Kamps, Marier, Morrell, Munn, Parker, and Seymour supported the addition.
Also according to the minutes, a lengthy discussion took place regarding both the assistant behavior analyst and the “line therapists.” In October, Bo Vets, an assistant behavior analyst told the group, “For insurance companies, registration [is] no[t] good enough. They want licensure.”
Dr. Knight was noted to say, “Classic opportunity for true study group. In-depth investigation of why, references, alternatives, comparisons, availability of services, insurance reimbursement. Take Vets’ offer for presentation. We cannot err.” The group voted to see a presentation on BCaBA by Mr. Vets.
The group also discussed “Line Therapists.” Morrell was noted to say, “Ensure not excluded from working with children or reimbursement.” Malinowski said, “Parents have earned BCaBA status to work with their children, establish custodial care.” Munn said, “Let’s study. What to look at more in depth. Open time for emails for those not present. BCBAs, citizens, parents, employees. Have to get this right.” Minutes indicated that a motion to identify line therapists might wait until national guidelines are published.
Group also discussed reciprocity, exemptions, and dual licenses. In October, a motion by Olsan passed unopposed: "Members of professions who are licensed or certified under the laws of this state shall be permitted to render services consistent with their professional training, course work, experience and code of ethics, provided they do not represent themselves as behavior analysts or licensed behavior analysts or use any such terms which may be misconstrued by the public as a Louisiana licensed behavior analyst. Individuals of any professions who have the BCBA, BCBA-D, or Baca credentials may designate themselves as such."
The vote on who would regulate the BAs was intentionally delayed to the end of the meetings, Chair Ashley Munn telling the Times in a previous interview that they first would “… decide how we are going to do that, instead of who.” And that the who could be a major hurdle for the group.
A review of the minutes suggests that very little was discussed regarding who would regulate the BAs until the November 2 presentations. However, in a July meeting the Executive Director of the LPC board may have first posed the idea. From the minutes, “Olsan said any board represented on the commission could handle regulating the board and possible others. She agrees that the biggest concern is regulation and public protection is paramount. She stated that one possible method of regulation could be a composite licensure Board. BA therapists could be represented based on their number of licensees. A composite board can be structured so that one profession cannot constantly override the actions of another profession by majority vote.”
The November 2 presentations brought to the surface trust problems that had emerged during the spring legislative session. Munn and Morrell stated in frank terms their views about disadvantages of the psychology board, listing “Established Economic Conflict of Interest,” and “Mistrust/Antagonistic Relationship.”
Following the presentation by Munn and Morrell, Seymour and Munn talked about the psychology board’s public meeting in April. Munn was noted in the minutes to say, “All questions were answered. When I walked away, more of the negative stuck with her. Left with more questions than answers. Effort was there. Forum was well attended but I don’t think it was welcoming, It was a tough environment.”
Parker was noted to comment, “It was a tough environment because of misrepresentations made prior to the meeting. There were BAs on the news stating their clinics would be shut down, which just wasn’t true.”
Also during the November 2 discussions, minutes indicated that Seymour asked Gautreaux what problems he saw with being under the psychology board, and he was noted to answer, “unintentionally suppression of services” and extra work. Welsh was noted to say, “More unintentional consequences. Move to grow more school psychologists in the state. Had to be supervised by licensed psychologist but there weren’t enough at the time. Had people who were not licensed school psychologists supervising and it caused a real problem. …”
Olsan explained how the LPC board worked with counselors and marriage and family therapists. She said, “My understanding is that it was difficult at first because neither LPCs nor LMFTs knw the LMFTs would be joining the LPC Board until it happened. Professional organizations don’t always get along. LPCs and LMFTs don’t agree on everything but when you have trust between professions and a true lack of fear of one profession dominating the other, you can have a great relationship.” She explained that it took time to build trust.
The members also discussed the independent board model, and Gautreaux said that he viewed the new board, if approved, able of being financially capable.
If the proposed arrangement goes forward, Louisiana will be the first state to adopt this type of structure for behavior analysts. Currently, behavioral analysts fall under Psychology Boards in Arizona, Missouri, Nevada, and North Dakota. They fall under Medical Boards in Pennsylvania and Virginia. And they fall under an independent board, the Behavior Analyst Board, in Kentucky.
In Oklahoma they fall under the Department of Human Services and in Wisconsin they fall under the Department of Safety and Professional Services. The National Board (BACB) notes that it has responsibility for the BAs practicing in Florida.
Some states license one level of behavior analyst called the BCBA or Board Certified Behavior Analyst, and some states license two levels, the BCBA and the assistant behavior analyst or BCaBA. Some states include a third level, the technician.
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