From the Minutes: Selected Items from the March Minutes of the Louisiana State Board of Examiners of Psychologists

Article archive / July 2019

Originally published: . Volume 10, No. 7. Source pages: 10.

Excerpts from March 22, Approved May 23, Posted in June:

Dr. Gormanous requested to amend the agenda item entitled “Request for Ethics Opinion regarding Dual Office Holding” and change the name to “Request for Ethics Opinion regarding Conflict of Interest”; add an item for discussion entitled “Inquiry from Marc Zimmermann regarding Neuropsychology”; and add an executive session item for discussion under Complaints […]

COMMITTEE REPORTS:

Executive Director Report – Ms. Monic updated the board on the following:

• The 2018 Audit has not been initiated due to being short staffed;

• The LSSP Meeting was held on March 19, 2019;

• No update in the matter: Nineteenth Judicial District; Parish of East Baton Rouge, State Of Louisiana, Division D, No.: 643,369: Glenn W. Ahava, Ph.D. v. LSBEP, on Appeal From September 18, 2015, Opinion and Order of the Louisiana State Board of Examiners of Psychologists;

• In the Matter Eric Cerwonka vs. Louisiana State Board of Examiners of Psychologists: On March 21, 2019 Judge Caldwell signed an order for suspensive appeal, a $10K bond is required prior to the suspension of Judge Caldwell’s order of February 20, 2019.

• Liaison to Professional Organizations and Boards – Dr. Gormanous reported that Margo Adams from FARB reached out to discuss conducting a Comprehensive Regulatory Training for the board. Since the last board training was conducted in 2015, Dr. Gormanous suggested this was something the board may want to consider. Dr. Lambert requested that Ms. Monic explore the opportunity and report back to the board.

• Supervision and Credentials Review Committee – Dr. Crouch reported file reviews would be conducted this date in Executive Session. Ms. Monic reported on the closing of Argosy University and potential impacts on students going through their doctoral training program. The board discussed the matter and determined that there would be no impact if those students transfer to a university that is APA accredited.

DISCUSSION/ACTION ITEMS

4. LSPA Fall Conference November 2019 – Ms. Monic reported that the LSSP Committee had again been invited to present at the LSPA Fall Conference. Dr. Boggs moved in favor of the Committee’s participation with an emphasis that the presentation be educational and not advocating. The board unanimously approved the motion.

6. Board Approved Evaluators – The Board received, reviewed and discussed the credentials of the individuals who submitted their vita and redacted evaluations to be included on the
Board Approved Evaluator list. The following individuals were approved to provide evaluations in their area of practice as follows: Darrel V. Turner, Ph.D., Keith Westerfiels, MP, MSCP, Erica Meyers, Ph.D. Irving A. Arevalo, Ph.D., Michael Chafetz, Ph.D., ABPP, Raphael Salcedo, Ph.D.

7. Inquiry from Diane Franz, Children’s Hospital regarding Psychologist Informed Consent – The Board discussed the inquiry from Dr. Diane Franz regarding the requirement for psychologists to maintain a separate informed consent from that of a hospital institution. The board determined that it would be prudent to document informed consent where the generic hospital consent falls shy of covering the ethical obligations of licensed psychologists. L. Crouch moved in favor of developing and advisory opinion relative to informed consent and documentation thereof. The Board discussed the motion. The motion passed by unanimous roll call vote as follows: Lambert – YEA, Boggs- YEA, Crouch– YEA, Gormanous – YEA.

8. ASPPB, Board Nomination; Fellow Nomination and Ming Fisher Award Nomination – In response to the board’s directive in February 2019, Ms. Monic reviewed potential nominees for ASPPB’s Ming Fisher Award. Ms. Monic suggested the Board support the nomination of Mr. Darrel Spinks, Executive Director from our neighboring state of Texas. Ms. Monic stated that Mr. Spinks, is very active in ASPPB, has been very receptive to communications and sharing information with the LSBEP and has faced quite a few challenges in regulation during this period when legislative goals do not match the goals of professional associations. The board discussed the matter and by motion of Dr. Gormanous, unanimously accepted the recommendation to support a nomination for Mr. Darrel Spinks for the 2019 ASPPB Ming Fisher Award.

9. Contract Amendment – Taylor, Porter, Brooks and Phillips – The board discussed a contract amendment for Taylor Porter. […]WHEREAS the BOARD is currently in a multi-year contract with Taylor, Porter, Brooks and Phillips, LLP to provide these services; and WHEREAS the funding for the current contract has been exhausted due to litigation in the following matters: 19TH JDC, EBR Parish, Eric Cerwonka v. BOARD, No.656,587 Div. I; 1ST LOUISIANA CIRCUIT COURT OF APPEALS No 2017-CA-1199, Appeal from the 19th JDC; and La. Supreme Court Case No. 2018- C-760, requiring an amendment to the total amount of the contract. WHEREAS an increase of $15,000 has been approved to be added to the contract amount, increasing the total amount of the three year contract to $83,000 for the remainder of the contract through Fiscal Year June 30, 2019; and […]

10. Contract Review and Considerations for 2019- 20FY

The Board reviewed and discussed a contract amendment for Sasha J. Lambert, Ph.D. […] and WHEREAS the current hourly rate of pay by the Complaints Coordinator for the review of a Request for Investigation, which is capped at $200 per case is not sufficient for the amount of documents reviewed per case. […] be amended and increased to a maximum amount of $300 per case. […]

The Board reviewed and discussed continuing a contract with Erin Skaff Vandenweghe, Psy.D. for the 2019-20 FY: The following Motion and Resolution was offered […] The Board reviewed and discussed continuing a contract with Mark P. Vigen, Ph.D.[…]

The Board reviewed and discussed continuing a contract with Tony McCoy d/b/a Statewide Surveillance & Investigations. […] contracted with Board to provide investigative services to Board to their satisfaction; and WHEREAS the hourly rates shall be $60 per hour for investigative work; […]

The Board reviewed and discussed continuing a contract with Taylor, Porter, Brooks and Phillips, LLP. […] does hereby retain and employ the legal services of Taylor, Porter, Brooks & Phillips, LLC through a multi-year contract beginning July 1, 2019 through June 30, 2022; and BE IT FURTHER RESOLVED that the hourly rates shall be $225 per hour for services of partners or associates with experience in the practice of law of 10 years or more; $175 per hour for services of partners or associates with experience in the practice of law of 5 to 10 years; $150 per hour for services of partners or associates with experience in the practice of law of 3 to 5 years; $125 per hour for services of partners or associates with experience in the practice of law of less than 3 years; $60 per hour for paralegal services; $40 per hour for law clerk services. A total amount not to exceed $45,000 for the term of the contract; […]

Dr. Gormanous moved in favor of contracting with Deborah Harkens for an amount not to exceed $1900 though the end of the fiscal year (June 30, 3019) and if needed continuing through FY 2019-20 for assistance with legislative matters, […]

The following Motion and Resolution was offered […] and WHEREAS the BOARD currently contracts with the Louisiana Office of the Attorney General […]does hereby retain and employ the Office of the Attorney General as special counsel; and BE IT FURTHER RESOLVED that the hourly rates shall be $225 per hour for services of partners or associates with experience in the practice of law of 10 years or more; $175 per hour for services of partners or associates with experience in the practice of law of 5 to 10 years; $150 per hour for services […] A total amount not to exceed $5,000 for Fiscal Year July 1, 2019 through June 30, 2020; […]

The following Motion and Resolution was offered […] requires the services of an attorney who specializes in administrative law to serve as an administrative law judge or hearing officer in matters adjudicated by the board to fulfill this function and in order to ensure the proper conduct of the proceedings in accordance with the law; and WHEREAS the BOARD currently contracts with the Law Office of Gray Sexton (Attorneys Grey Sexton and Alesia Ardoin) […] that the hourly rates shall be $225 per hour for services of partners or associates with experience in the practice of law of 10 years or more; $175 per hour for services of partners or associates with experience in the practice of law of 5 to 10 years; […]

12. University of New Orleans – The Board had a follow up discussion regarding the meeting with representatives from the University of New Orleans, Developmental Program. Dr. Boggs recommended that going forward in revising the regulations, that the board define procedures for verifying non-APA Accredited Programs and training requirements for licensure of individuals who will not be engaging in clinical practice, but who are qualified to offer services which are considered the practice of psychology to groups or organizations. Dr. Gormanous offered a motion in favor of this recommendation.

The motion passed by unanimous roll call vote as follows: Lambert – YEA, Boggs- YEA, Crouch– YEA, Gormanous – YEA.

14. Request for Ethics Opinion regarding Dual Office Holding – Dr. Gormanous sought input from the members of the LSBEP regarding his proposed participation in the American Psychological Associations, Division 52 – Division of International Psychology as Vice President for Initiatives. The Board discussed the matter and agreed that it would be appropriate for Dr. Gormanous to request an Ethics Opinion related to potential conflicts.

15. Rulemaking Initiatives – 2018-19 – The Board discussed rulemaking initiatives and continues to work on the following proposed amendments: a. Proposed Rules: Continuing Education Requirements, Exemptions and Fees (LAC 46:LXIII. 601, 603, 803, 805, 811, 905 and 4001) b. Chapter 15. Rules for Disciplinary Actions c. Reciprocity Applications d. Applied Health Care Specialty/Applied General License e. Telepsychology


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