Article archive / February 2021
Originally published: . Volume 12, No. 2. Source pages: 7, 8.
From the Minutes Selected Items from 2020 Minutes of the Louisiana State Board of Examiners of Psychologists (LSBEP)
September 11, 2020 Discussion Items 1. 2020-21 Budget Review – a. Fee Considerations – Dr. Henke presented this discussion item in continuation of the previous meeting discussion. Dr. Henke reported that Mr. McNeely, Ms. Monic and herself met to focus on the budget and consider recommendations for the Board. Dr. Henke noted the group also communicated with Erin Reuther at LPA. Dr. Henke reported that she has spent a lot of time reviewing the board’s finances and delving into the work that is required to run a board. A draft budget was again reviewed by the Board. Dr. Henke made recommendations to increase license renewal fees from $350 to $400, which would automatically impact the reduced fee for individuals 65+ from $175 – $200, and automatically impact the reinstatement fee, increasing that from $550 to $600; increase the Temporary Registration Application fee from $125 to $200; and increase the paper processing fee from $15 to $50. Mr. McNeely moved in favor of approving the increases. The Board discussed the motion. The motion passed by roll call vote as follows: In favor:(6) Henke, Gormanous, Gibson, Moore, McNeely, Harness; Against: (0); Abstained: (0); Absent: (0)
Employee/Contract Restructuring – Ms. Monic presented contract information for Monique Marino noting that the contract was not being utilized as hoped and therefore the board should give consideration to continuing the contract; with the CERTEMY contract in place, the board would begin phasing out the need for the contract with Sparkhound; the Board should consider availability of funding for annual cost of living raises for employees; and also review the contract for Attorney Courtney Newton, noting that this contract was depleted however there is still 9 months remaining in this fiscal year with many complaints still open, and new complaints being filed monthly as evidenced by Mr. Owen’s monthly report. Ms. Monic noted that it is difficult to control spending once a matter requires an attorney, and most do. The Board again discussed the option of an in-house attorney. Ms. Monic noted that both unclassified positions that the Board is constitutionally entitled to were filled, noting the added responsibility and potential liability of having to manage an employee in accordance with Civil Service rules and requirements to adhere to their fee schedule, pay raises, etc. Mr. McNeely moved in favor of proceeding with in-house counsel. The Board discussed the motion. The motion passed by roll call vote as follows: In favor:(6) Henke, Gormanous, Gibson, Moore, McNeely, Harness; Against: (0); Abstained: (0); Absent: (0)
Further, Mr. McNeely moved in favor of empowering Ms. Monic to explore and initiate requesting an exemption from the classified service in creating a new unclassified position to employ in house counsel, and in order to reduce contracts, reduce Ms. Monic’s workload, increase productivity and position the board for continuity should there be a loss of the board’s current workforce. The Board discussed the motion. The motion passed by roll call vote as follows: In favor:(6) Henke, Gormanous, Gibson, Moore, McNeely, Harness; Against: (0); Abstained: (0); Absent: (0)
b. Review Summary Suspension Procedures – Ms. Monic expanded on the complaint/hearing process and explained Summary Suspension Procedures prior to the litigated matters referenced herein, and the interim procedures established during the period of the litigated matters. Following presentation and review, Dr. Henke moved that the Board revise its policies and procedures related to Summary Suspension to delegate to the Complaints Committee, the authority to issue a temporary summary suspension, pending hearing in accordance with its authority to delegate as affirmed by the decisions of the Louisiana First Circuit Court […]
“1. The Complaints Committee comprised at least four (4) persons shall be delegated the authority to order the summary suspension of a license pending proceedings for revocation or other action, when it has been determined, by the four (4) members of the designated Complaints Committee defined herein, that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order. 2. The Complaints Committee issuing an order of summary suspension shall include the Board Chairperson, or if the Chairperson is recused, another appointed Board Member. The remaining persons shall be a combination of at least three (3) additional persons who are the Complaints Coordinator, Board Attorney, Compliance Officer and/or the Executive Director of the Board. 3. In accordance with the La. Admin. Procedures Act, La. Revised Statutes Title 37, Chapter 28. Psychologists, the Louisiana Administrative Code (Rules) Title 46, Part LXIII. Psychologists, when a summary suspension has been ordered by the Complaints Committee, the Executive Director (or in the absence of the Executive Director, other able-bodied member of the designated Complaints Committee) shall immediately set a date for formal hearing proceedings within a period not to exceed 14-days, before the appointed members of the Board. Extensions to the formal hearing date may be granted beyond the 14-day period at the request of the Respondent.”
The Board discussed the motion. The motion passed by roll call vote as follows: In favor:(6) Henke, Gormanous, Gibson, Moore, McNeely, Harness; Against: (0); Abstained: (0); Absent: (0)
Dawn Sharpless – Petition/Email for consideration of statutory/regulatory amendment related to forensic practice by retired psychologists. Public Protection and Safety – The Board reviewed the email petition from Dr. Dawn Sharpless for consideration of the following statutory or regulatory amendment to allow “A retired psychologist who once qualified as an expert witness and who no longer maintains a license to practice psychology in Louisiana is still considered to be an expert witness in terms of testifying on reports written while he/she was duly licensed for a period of two years following the date the license lapsed. However, once retired, such individuals are prohibited from any other psychological practice.” The Board discussed this matter thoroughly. Following discussion, finding that it would not be in the interest of public protection to enable unlicensed practice by individuals, including a provision to allow expert testimony, where such practice will likely have a substantial impact on an individual’s freedom, property, parental rights and/or other rights, Dr. Gormanous moved in favor of declining the petition of Dr. Sharpless. The Board discussed the motion. The motion passed by roll call vote as follows: In favor:(6) Henke, Gormanous, Gibson, Moore, McNeely, Harness; Against: (0); Abstained: (0); Absent: (0)
Dr. Gormanous further moved that the Board thank Dr. Sharpless for bringing this matter to the Board for consideration and reaffirm the guidance originally issued by Ms. Monic […]
Mr. McNeely moved in favor of the following three budgetary items impacting salary: 1. To grant Ms. Monic a $5,000 raise effective immediately. The Board discussed the motion. The motion passed by roll call vote as follows: In favor:(6) Henke, Gormanous, Gibson, Moore, McNeely, Harness; Against: (0); Abstained: (0); Absent: (0) Ms. Monic was not present for this discussion. 2. To grant the authority to Ms. Monic to provide up to a 1% raise to Mr. Justin Owens to be split with the Louisiana Behavior Analyst Board, following satisfactory employee performance evaluation after his one year anniversary. The Board discussed the motion. The motion passed by roll call vote as follows: In favor:(6) Henke, Gormanous, Gibson, Moore, McNeely, Harness; Against: (0); Abstained: (0); Absent: (0)
October 9, 2020 3. Complaints Committee (AH/GGi) – a. Hearing in the Matter of Eric Cerwonka, Psy.D., License No. 1020 LSBEP Complaint Number: P16-17-14C (Consolidated with P17-18-11C) – Dr. Henke reported that the hearing of this matter was conducted as noticed on Thursday, September 24, 2020 […]
Discussion Items 1. 2020-21 Budget Review and Approval – b. Fee Considerations – The board reviewed the budget with approved fee structure discussed and outlined during the September 11, 2020 meeting which included: increase license renewal fees from $350 to $400 and which increase would automatically impact the reduced fee for individuals 65+ from $175 – $200 and automatically impact the reinstatement fee from $550 to $600; increase the Temporary Registration Application fee from $125 to $200; and increase the paper processing fee from $15 to $50. Ms. Monic also presented a detailed report as requested to show all items listed in the budgetary category, “Other Operating (Variable)” which includes bank interest/fees, miscellaneous costs of investigations like subpoenas, board meeting security, credit card processing fees, association dues (ASPPB, FARB, CLEAR), furniture and equipment purchases, board election, board photos, secure document destruction, postage, postage machine lease, stationary, office supplies, computer software. The Board also discussed revenue development including a continuing education training program in the area of ethics and law related to the practice of psychology to be developed and offered by the board; and potentially a process to review and pre-approve continuing education activities.
Committee Reports a. In the matter of: Richard A. Marksbury, Ph.D., Plaintiff, Pro Se vs. Louisiana State Board of Examiners of Psychologists, 19th Judicial District, Parish Of East Baton Rouge, State of Louisiana No. 682294 DIV 21/D – the Plaintiff filed a writ of mandamus asking the First Circuit to compel Judge Clark to rule on our exception. The Board filed a response to this writ. Mr. Marksbury’s writ was denied […]
November 20, 2020 [Committee Reports] :1.Executive Committee Report–Ms. Monic reportedthe following: •that an opinion from the Board of Ethics was requested related to one of the nominee’sability to serve given a previous appointment. Due to the Board of Ethics timeline on responding, nominations would not be opened until the LSBEP meeting on December11, 2020 •that two matters remain in litigation in the 19thJDC, East Baton Rouge: Richard A. Marksbury, Ph.D. vs LSBEP and Glenn W. Ahava, Ph.D. v. LSBEP •that Jennifer L. Callahan, Ph.D. ABPP President, Society for the Advancement of Psychotherapy (APA Division 29) sent a letter to the LSBEP related to their objections to theEPPP and EPPP2.2.Finance
1.2020-21 Budget Review – a.Public Comment: Email letter from Mike Chafetz to Amy Henke Re Board Finances: The Board received public comments from Dr. Mike Chafetz. Dr. Chafetz commented that he believed the board could do better on the money spent on rent; Dr. Chafetz suggested reviewing how Medical Psychologists are regulated in relation to the portion of their practice that is purely psychological; Dr. Chafetz suggested that the complaints process potentially involve a volunteer committee composed of forensic psychologists to review complaints involving custody/forensic evaluations prior to the board opening an investigation in these matters. The board thanked Dr. Chafetz and took his recommendations under advisement.
Members of the state psychology board, Drs. Koren Boggs (L) and Amy Henke at a past meeting, before Covid. The board is crafting legislative changes for the 2021 session but is also struggling with its own financial challenges.
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