Originally published: . Volume 11, No. 6. Source pages: 7, 8.
Executive Director Report: Ms. Monic reported the following: • Civil Matter – U.S. Western District, Lafayette Div. No. 6:17-CV-01095 Eric R. Cerwonka, PsyD vs. LSBEP, Jaime Monic was argued before U.S. District Judge Michael J. Juneau (Magistrate of Judge Whitehurst) on February 13, 2020. On February 14, 2020, the matter was dismissed with prejudice at the cost of Plaintiff.
Dr. Moore reported that the committee reviewed application files during executive session this date. Dr. Boggs reported that the workgroup revised the professional reference form, declaration of competencies form, and post- doctoral supervision form.
Dr. Gormanous moved to establish a standing Public and Professional Outreach Committee. Distinguished from the Liaison to Professional Organizations and Boards by their recommendations to write Newsletter articles and conduct outreach surveys. The Board discussed the motion. The motion passed […]. Dr. Boggs appointed Drs. Henke and Moore to the Public and Professional Outreach Committee.
The Board reviewed the self-nominations and unanimously appointed Dr. Katherine Chenier to replace Dr. Amy Morvant’s seat on the LSSP Advisory Committee to the LSBEP. Dr. Gormanous moved in favor of accepting the LSSP Committee recommendation to appoint Dr. Chenier for the term 3/6/2020 – 6/30/2023. The Board discussed the motion. The motion passed by unanimous roll-call vote […].
Housekeeping Legislation – The board again
reviewed and considered revisions for potential housekeeping legislation for the 2020 Regular Legislative Session including: board member composition, Definition of “Practice of psychology”; Summary Suspension provision; Emeritus License (full retirement/no CE/minimum fee); R.S. 37:2356.B. and C. require updating related to examinations; Unlicensed Assistants; registration; revocation and fee schedule; and Disclosure of information received in an administrative investigation falling under other state or federal jurisdictional oversight. Dr. VanGeffen stated her concerns that she did not feel as though LPA’s Legislative Committee had enough time to consider the changes, and was concerned that opening the psychology practice act would pose a risk of having others interfere with the psychology scope of practice. Dr. Thomas Holcomb commented that LPA would like to see proposed legislation ahead of time and would appreciate the opportunity to consider items they felt needed longer discussion. Dr. Gormanous stated for the record that this discussion has been ongoing for a while, and with serious intent since at least the Long Range Planning in October 2019, that he is the one who pushed the notion for identifying the need to define the summary suspension procedure, and also going back to the process of registering unlicensed assistants.
Command – The Board discussed the delegated authority of the Chair to sign subpoena’s on behalf of the Board. Ms. Monic presented a situation where the Board Chair would need to be recused from a matter and would not be able to carry out this task. The Board discussed the matter and by motion of Dr. Boggs agreed that it would be proper procedure, should the board chair be recused from a case, that the Executive Director establish the Vice Chair as the board
member serving on the Complaints Committee. Should the Vice Chair need to be recused, the member who’s [sic] appointment immediately followed the Vice Chair and so on. The Board discussed the motion, the motion passed by unanimous roll-call vote as follows: In favor: (5) Boggs, Gormanous, Henke, Gibson, and Moore; Against: 0; Abstained: (0); Absent: (1) McNeely
8) 2020-2021 Contracts – The Board discussed an amendment to the legal contract for Chehardy, Sherman, Williams, Murray, Recile, Stakelum & Hayes, LLP., as requested by Ms. Courtney Newton related to hourly rates. Dr. Henke moved in favor of increasing rates to $225/hour as requested and in line with approved Attorney General rates but not increasing the total contract amount until the board had more time to assess its budget and continuing with a prosecutor at higher rates. The Board discussed the motion, the motion passed by unanimous roll-call vote […].
and related considerations. – Dr. Gormanous discussed increased security due to continued concerns arising out of complaint and legal matters and requested the Board approve $2500 to upgrade the security system for the LSBEP Office. The Board discussed the motion, the motion passed by unanimous roll-call vote […].
5. Complaints Committee – Mr. Owens reported there was one Complaint docketed for review today in Executive Session. Mr. Owens presented his Compliance Report for the period 03/07/20 – 04/03/20 as follows: Total number of Requests for Investigations received since last meeting: 0; Total number of Board initiated investigations since last meeting: 1; Total number of Open Active investigations: 14 (4 against non-licensees) 9 are Formal Complaints; 2 from FY17-18; 4 from FY18-19; 3 from FY19-20; 4 are still under review by Complaints Coordinator Total number of cases closed (as of today’s vote): 0; Disciplinary Actions: 0
Ms. Monic advised that the following procedures were implemented: Emergency Temporary Registration Applications were open for processing; an Executive Committee was formed consisting of the Chair, Vice Chair and Executive Director to respond to the emergency and the massive amount of information and questions being received; the website was updated with information concerning continuing agency operations/licensing; Telesupervision Application fees were waived given the displacement of students, interns and postdoctoral fellows; and the Executive Committee has started sending a Weekly Wednesday Update to manage the information and provide some consistency and regularity to these unprecedented times.
[…] Telesupervision – By motion of Dr. Koren Boggs, the Board discussed and approved the
following provision related To Tele- Supervision Applications: the $25 fee for this application will be waived for the duration of the Governor’s “Stay at Home” Order.
[…] For the period beginning March 11, 2020, through the duration of the Governor’s “Stay at Home” Order, the Board voted to waive the requirement that at least 50% of approved tele- supervision of trainees and assistants be provided in-person. All other supervision requirements remain the same
[…] Oral examinations for licensure will continue. The Board will waive the in-person requirement for administration of the Oral Examination and will conduct face-to-face examinations via Zoom.
[…] For both the 2020 and 2021 renewal periods, the requirement that CPD credits must be obtained from at least two different subcategories under the LAC §803 is waived. That is, licensees can obtain all CPD credits from activities in one of the nine subcategories listed in the LAC Chapter 8. Additionally, the number of required CPD credits is reduced from 40 to 30, understanding the hardship imposed on all licensees during this crisis.
Luneau – Dr. Julie Nelson expressed general opposition to the Legislation for various reasons including her opinion that it expanded the authorities of the Board in an overreaching manner. Dr. Nelson also asked if there had been a formal motion to file legislation. Ms. Monic replied “yes”. The previous minutes were referenced for clarity. Specifically, Dr. Nelson asked whether or not the Board had the authority to propose legislation. Mr. McNeely explained that public entities created by the legislature, such as LSBEP, have an obligation to notify the legislature if provisions of law limit the ability of such entity to sufficiently meets its charge, in this case, of public protection. Mr. McNeely further explained that while LSBEP sought an author for this legislation, it is the legislator who ultimately decides to file and is the author of legislation. Mr. McNeely closed his remarks stating that actions in pursuit of legislation taken by the LSBEP are not only allowed, but also common and appropriate.
[break taken] After considering comments, Mr. McNeely stated his desire to continue discussing the Legislative Draft as he understood the Association’s perspective. However, from a regulatory and public protection perspective, he believed the legislation was important and necessary. Mr. McNeely moved that the Board create an AdHoc working committee made up of those potentially impacted in the industry for the purposes of reviewing, discussing and potentially revising SB 458. The Board discussed the motion. Dr. Gormanous suggested the inclusion of the Louisiana Psychological Association, the LSBEP Legislative Committee, the Louisiana Association of Medical Psychologists, and the Louisiana School Psychology Association. The Board discussed the motion. The motion passed by roll call vote as follows: In favor: (6) Boggs, Henke, Gormanous, Gibson, Moore, McNeely; Against: (0); Abstained: (0); Absent: (0)
2020-21 Contracts – The Board reviewed and discussed continuing contracts for the 2020-21 Fiscal Year as follows: […]by motion of Dr.
Gregory Gormanous that the Board contract with Mark P. Vigen, Ph.D. to provide services as Complaints Coordinator III, for a fiscal-year beginning July 1, 2020 and ending June 30, 2021 for an amount not to exceed a maximum of $5,000.
[…]by motion of Dr. Gormanous that the Board contract with Statewide Surveillance & Investigations for an amount not to exceed $12,000, to provide investigatory services beginning July 1, 2020 and ending June 30, 2021.
[…]the Louisiana State Board of Examiners of Psychologists, pursuant to La. R.S. 42:262, does hereby retain and employ the Law Office of Gray Sexton (Attorneys Grey Sexton and Alesia Ardoin) 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; […] A total amount not to
exceed $5,000 for Fiscal Year July 1, 2020 through June 30, 2021
[…] by motion of Dr. Gregory Gormanous, that the Board contract the services of Monique Marino for an amount not to exceed $12,500, to assist the Executive Director with special projects and project management, upon request of the Executive Director for the fiscal year beginning July 1, 2020 and ending June 30, 2021.
[…] The Board discussed an amendment to the legal contract for Chehardy, Sherman, Williams, Murray, Recile, Stakelum & Hayes, LLP. Following approval of increased rates at their March 6, 2020 meeting. Ms. Monic reviewed the remaining contract amount and provided information to the board related to funding the contract for the remainder of the Fiscal Year. Following discussion, Dr. Henke moved that the board approve an increase in the contract amount by $10,000, a total not to exceed $50,055.97.
Dr. Koren Boggs is chair of the LSBEP.
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