Article archive / April 1, 2013
Originally published: . Volume 4, No. 8. Source pages: 1, 3, 4.
Round and round she goes LPC Board Rescinds Offer; LPA Nixes LSBEP Plan; Sen. Morrell Moves Forward with BA Bd LPC Board, LaBAA Disagree on One Item Of “Substantially Equivalent” Language
A decision to place behavior analysts (BAs) with the state board for licensed professional counselors, thrashed out over six months of meetings in the BA Study Commission, was abandoned sometime in late February after negotiations reached an impasse. Representatives of the Louisiana Behavior Analysis Association held firm on an issue regarding the national certification, and the LPC board held to their need for “equivalent” language to allow them flexibility in certain situations.
This impasse necessitated that a fallback option to be worked out by Senator J. P. Morrell’s office and wife Catherine Morrell, who served as Vice Chair for the Commission. The fallback option was to merge the BAs with the psychology board, an option that had been put forth by the LSBEP (Louisiana State Board of Examiners of Psychologists) during rapid and heated negotiations in November 2012.
However this option was nixed when it failed to gain the support of the Louisiana Psychological Association (LPA) after President Dr. Bryan Gros and Legislative Chair Dr. Alicia Pellegrin asked members for their opinions. Members expressed concerns about non- psychologists on the psychology board.
This sequence of events led Senator Morrell and Ms. Morrell to shift to the third option, that of an independent BA board. Senator Morrell filed Senate Bill 134 last Thursday, coauthored with Senator Heitmeier, to establish the Louisiana Behavior Analyst Board.
The option for an independent BA board had been championed by Dr. Grant Gautreaux, president of the Louisiana Behavior Analysts Association (LaBAA) throughout the discussions of the BA Study Commission. He presented that option in November to Commission members. However in December the members voted 15 to 0 against the independent board option, amid views that the BAs numbers (about 65) could not sustain a board.
The impasse between LaBAA and the LPC board took some by surprise, because of the detailed work of the Study Commission. When asked about this, Commission Vice Chair Catherine Morrell told the Times, “We thought we had it covered in the report. If you defer to the national board and if you put it in the law, it is very difficult to handle.” She explained, “My point of view is that it can be handled in the rules.”
Mary Alice Olsan, Executive Director of the LPC board, noted to the Times, “We regret being unable to come to a solid consensus with the representatives of LaBAA and other stakeholders regarding the need for ‘substantially equivalent’ language to be included in the proposed BA bill to ensure the protection of the public.”
“Unfortunately, the inclusion of this language was the Board’s one non-negotiable issue that arose during the negotiation process,” she said. “We believe that the inclusion of ‘substantially equivalent’ language in the bill is essential, as we feel we cannot adequately protect the public if restricted by a national organization when determining how best to regulate the profession.”
Olsan explained that the LPC board did not want to be in a position of having to revoke someone’s license based on a national BA credential, such as when the national board might cease to exist or make dramatic changes. So at the March 15 meeting of the LPC board they rescinded their motion to approve the merger.
However, the version of SB 134 filed last week includes the language, “ … substantial equivalent (italics added) to credential professional practitioners of behavior analysis related to the principles and practice of the profession of behavior analysis that is approved by the board.”
Dr. Grant Gautreaux, president of LaBAA could not be reached for comment.
LSBEP Go, LPA Stop
When the LPC board rescinded their offer the LSBEP renewed it’s offer to merge with BAs. This option had been crafted by the psychology board last November following the BA Commission’s Chair Ashley Munn’s and Vice Chair Catherine Morrell’s presentation and proposal for BAs to join the LPC. A hurried and unprecedented offer from the LSBEP for a similar arrangement between the BAs and the LSBEP was put forth to place BAs on the psychology board, including a masters professional. This was the only time such an offer had been made in board’s 49 year history.
However, the offer was voted down by the Commission in a 10 to 5 vote in December 2012, amid what seemed to be negative sentiments toward the LSBEP and psychologists in general.
Unlike the December 2012 negotiations, this time LPA officials asked for LPA members feedback before giving the go ahead.
In a message that followed, LPA President Dr. Bryan Gros posted an explanation to members. “The LSBEP is the regulatory body for those who have obtained the highest level of practice of Psychology (doctoral level Psychologists) and therefore, has only had doctoral level Psychologists serve on the Board. LPA believes that the proposed bill as it now stands would allow non doctoral level professionals to have full voting authority and we do not believe this to be in keeping with the history of LSBEP governance, nor do we believe to be in the best interest of psychology in Louisiana.”
However, he noted, “LPA strongly supports the notion that the Behavior Analysts should have the best chance of becoming self regulating in as expeditious a manner as possible.” He explained that LPA could not agree to a bill that “fundamentally changes the governance of Psychology.”
He said that an Advisory Committee or BA psychologists serving on the board, would also be supported by LPA.
Speaking for the LSBEP, Executive Director Kelly Parker told the Times that the psychology board supported the measure. “We did not think the merged board structure was negotiable, but trusted that the roles of the BA board members would be worked out to everyone’s satisfaction,” Parker noted. “We believe Senator Morrell understood our concerns. It was our impression that the BAs would not being voting on psychology issues nor did they want to vote on psychology issues."
“We were confident that it would be worked out and we understood the concerns of the LPA members regarding opening the board, but we felt we could work it out to everyone’s satisfaction.”
Commission Vice Chair Catherine Morrell told the Times, “The point was to get the BAs up and running and to help them deal with the learning curve. It would be like sister boards, with one member of the psychology board serving ex offico on the BA board. The LSBEP voted to support it and both sides are happy with it.”
According to all sources, the current bill for an independent BA board will be supported by the various groups.
President Gros explained to the Times, “After input from LPA members and a robust discussion with our legislative team, LPA reversed its previous stance and made the decision that it could not support a merged board that would allow non- psychologists to have full seats on LSBEP. This led to a change in the thrust and direction of negotiations with the BA’s and LSBEP. Catherine Morrell, who played an integral role in communications between all the parties, indicated to me a common goal – an agreement that all parties could support. It would only be counter-productive if all weren’t on board,” he said.
“LPA absolutely remained in the negotiations,” Gros said. “Before first meeting with representatives from LSBEP, then separately with representatives from the BA’s, Ms. Morrell was in on-going contact with me for feedback and reactions to a new proposal. We agreed that this negotiation approach would probably lead to more efficient and less defensive postures and hopefully a bill draft that all could initially support. From follow-up communication with Ms. Morrell, the ideas were well received by all parties.”
Catherine Morrell said to the Times, “This is the best compromise and all parties involved are happy.”
“The work of the commission was important because we fleshed out all the details and most of the ideas are still in the bill,” she said. “It was educational, and we got into the meat of it and got much of the work done. Without it we would have never gotten to this point,” she said.
“I think all sides have learned from the experience.”
Gros said, “Our legislative chair and my initial reactions to the bill draft were very positive, as were a number of our EC members’. Based on initial feedback, we believe that while protecting the practice of psychology, which is our primary goal, it also provides the necessary structure to assist the BA’s in gaining an autonomous and self-regulating profession.”
LPC board at March meeting in Baton Rouge. (L to R clockwise) Mark Reynaud, Raelene McCarthy (staff member), Penny Millhollon (partly visible), Mary Alice Olsan, Kathy Lammert, Dr. Ernie Cowger, Dr. Laura Chote, Dr. David Legendre, and Dr. Kathy Steele. The board voted to rescind a previous motion to merge with the Behavior Analysts.
Photo by M. Dooley BA Study Commission Vice Chair Catherine Morrell (L) and Chair Ashley Munn at the December meeting of the Commission. The members voted to place the Behavior Analysts with the LPC Board, but during final arrangements “equivalent language” for the national credential could not be agreed on with BA leaders.
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