Article archive / September 2018
Originally published: . Volume 9, No. 9. Source pages: 8.
June 2018 (posted August 30)
1. FARB 26TH Annual Meeting: Regulatory Law Training (September 27-29, 2018) – The Board discussed this training and its benefits to board operations/transactions. The board considered the proposal of the Physical Therapy Board to split costs to send Attorney Courtney Newton to represent both boards at this training. The board further considered the legal focus of the training, including: Deference: Eroding of Chevron Deference; Board Appointment and Removal; Board Certification: What it Means; Administrative Procedures Act; Conflict of Laws; Conflicts of Interest; Sovereign Immunity; Due Process: Notice and Opportunity to Be Heard; Confidentiality of Complaints; Bright Line vs. Standard of Care; Top Recent Regulatory Cases; New Legislation; Regulation In the News. After consideration of the legal focus of the training and benefit to the operations and transactions of the board, by motion of Dr. Koren Boggs, the board unanimously approved funds to pay 1/2 the costs of travel and expenses to include: registration, attorney fees, travel expenses [flight, baggage, taxi, mileage], hotel and meals not covered by the conference at state approved rates. The motion passed by unanimous roll call vote as follows: Griffin – YEA, Lambert – YEA, Boggs- YEA, Crouch– YEA.
2. RULEMAKING: Chapter 8: Continuing Education (Letter from the Louisiana Psychological Association RE: Objections): Ms. Monic reported that the rules for Chapter 8 had been submitted to the Legislative Fiscal Office on May 11, 2018 to initiate rulemaking on the revisions approved on March 16, 2018. The Board also reviewed and discussed an additional email from Dr. Julie Nelson, President of the Louisiana Psychological Association, objecting to the boards authority to establish a process for the board to preapprove continuing education activities for the renewal of a license. The Board further disagreed with LPA’s assessment that the members of the board were not qualified to review and approve continuing education activities. The Board discussed this matter and reaffirmed its intent to proceed with rulemaking.
3. 2018 Regular Legislative Session Updates - The Board discussed the following Acts of the 2018 Legislative Session: SB260 MILKOVICH – ACT 655; SB40 MILLS – ACT 515; HB748 EMERSON – ACT 693; HB372 CONNICK – ACT 623; HB189 WRIGHT – ACT 454. Noting that many would require revisions to policy and/or rules, Ms. Monic suggested a legal review by Attorney Courtney Newton for recommendations on applying the statutory requirements to the current policy and regulations of the LSBEP. Dr. Lambert moved in favor of a legal review and recommendation with regard to the new legislative requirements. The motion passed by unanimous roll call vote as follows: Griffin – YEA, Lambert – YEA, Boggs- YEA, Crouch– YEA.
4. Texas Behavioral Health Board: Sunset Report and Recommendations (3-28-2018): The Board reviewed and discussed the report and recommendations impacting the Texas Board of Examiners of Psychologists and their practice act. The Board discussed concerns for potential impacts on receiving qualified applicants from Texas and upholding the highest occupational standards in the practice of psychology in light of the recommendations in Texas to repeal certain training requirements, including the postdoctoral supervision year; elimination of provisional licensure; elimination of its ability to engage an applicant orally for examination of credentials; board consolidation under an executive counsel without defining the purpose of the executive council; and recommending the engagement of compact licensure. The Board will continue to monitor the legislative initiatives in Texas as well as other states.
5. Announcement from ASPPB RE: Hiring of new CEO, Mariann Burnetti-Atwell, PsyD – The Board received and reviewed the announcement from ASPPB regarding the hiring of new CEO Mariann Burnetti-Atwell, PsyD.
6. ASPPB Correspondence from Dr. Sharon Lightfoot (May 2018) RE: Reviewing feedback from about implementation of EPPP – The Board received and reviewed correspondence from Dr. Sharon Lightfoot, ASPPB President acknowledging receipt of feedback concerning their “efforts to enhance the EPPP” and advising jurisdictions that they would be spending considerable time reviewing the feedback to find ways to address concerns.
LITIGATION [LSA-R.S. 42.17.A.(2)]
Dr. Leah Crouch recused herself from discussion regarding this pending litigation. The Board discussed the status of the pending litigation in executive session: U.S. DISTRICT COURT WESTERN DISTRICT OF LOUISIANA – LAFAYETTE DIVISION, Eric Cerwonka v. LSBEP Civil Action No. 6:17-cV-01095-UDJ-CBW; 19TH JDC, EBR Parish, Eric Cerwonka v. LSBEP, No.656,587 Div. I; LA Supreme Court, Application of Eric Cerwonka for a Writ of Certiorari or Review Directed to the to the First Circuit Court of Appeal, Its Docket No. 2017 CA 1199. No action was required at this time.
July 2018
Executive Director Report – Ms. Monic notified the Board that the 58th Annual Meeting of the Association will be held October 17-21, 2018 at The Little America Hotel, Salt Lake City, Utah. The 2018 ASPPB Annual Meeting program focus will be, “The Global Practice of Psychology: Impact on Regulation and Credentialing”. Ms. Monic reported that the fiscal impact statement on the proposed rules to amend Chapter 8 had been submitted to the Legislative Fiscal Office but had not been approved to date. Ms. Monic reminded the members of the Board to complete their ethics training for 2018. Ms. Monic reported that there are no updates on the following matters: U.S. District Court Western District Of Louisiana – Lafayette Division, Eric Cerwonka v. LSBEP Civil Action No. 6:17-cV- 01095-UDJ-CBW; 19th JDC, EBR Parish, Eric Cerwonka v. LSBEP, No.656,587 Div. I; LA Supreme Court, Application of Eric Cerwonka for a Writ of Certiorari Directed to the to the First Circuit Court of Appeal, Docket No. 2017 CA 1199.
3. Contract Review: Taylor, Porter, Brooks & Phillips, L.L.P. – The board reviewed the contract for TPBP and by motion of Dr. Henke, unanimously approved a 3rd amendment to the July 1, 2016- June 30, 2019 contract, to increase the total amount of the contract from $55,500 to 68,000 to cover the continuing legal expenses of the board.
5. Expedited Military Application – Ms. Monic discussed with the board the need to improve the expedited military application process following SCR 83 by Peacock which urges board to display prominently on their website, a process for licensure of military applicants and their spouses. Options were provided. Dr. Boggs agreed to review the current process and regulations with Ms. Monic to provide recommendations for better developing this process.
7. Board Member Reimbursement R.S. 37:2353(5) and LSBEP PPM Sec. 2003.C(3) – Dr. Henke requested the board consider reinstituting board member per diem and mileage reimbursement. Dr. Gormanous requested special consideration for reimbursement considering the distance he would have to travel noting safety concerns for the extended travel from his domicile. The board discussed this matter thoroughly. The Board requested Ms. Monic to obtain financial information on the impact of the current budget were the board to reinstitute these provisions for consideration at the next board meeting.
8. Legal Training Regarding Cases Impacting La. R.S. 37:2352(9), 37:2360 and 37:2361: Attorney Courtney P. Newton provided an in-service training to members of the board related to pursuing matters against individuals not licensed with the LSBEP, but are advertising using prohibited terminology such as “psychologist”, “psychological” and “psychology” in their description of services or to represent their credentials to the public
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