From the Minutes: August 2022 LSBEP

Article archive / November 2022

Originally published: . Volume 13, No. 11. Source pages: 5, 6.

From the Minutes Selected Items from August 2022 Minutes of the Louisiana State Board of Examiners of Psychologists (LSBEP)

Thursday, August 26, 2022 Posted October, 2022

DISCUSSION/ACTION ITEMS

c. Steps Toward Licensure (updated) – Dr. Moore recommended a revision to the Steps Toward Licensure to add the completion of a candidates Declaration of Competencies as a step, since it is and has been the practice of the Board to require such declaration. A draft with this revision was presented to the Board. The Board reviewed this form in its entirety and determined that the step to require a copy of the doctoral dissertation was not necessary for the licensing process. Dr. Moore moved in favor of adopting revisions to the Steps Toward Licensure to add the Declaration of Competencies as a step and remove the requirement to provide a copy of the title page of the Doctoral Dissertation. The Board discussed the motion, the motion being put to a vote failed as follows: In favor: (2) Moore, and Holcomb; Against: (0); Abstained: (2) Harness and Sam; Absent: (2) Gormanous and McNeely.
Dr. Harness acknowledged a misunderstanding of the motion and requested reconsideration of Dr. Moore's motion. The Board again discussed the motion presented by Dr. Moore with clarification that the board would collect the information on the application, but would not collect separate documentation of the doctoral dissertation. The motion then passed by roll call vote as follows: In favor: (3) Moore, Harness, and Holcomb; Against: (0); Abstained: (1) Sam; Absent: (2) Gormanous and McNeely.

2. Rulemaking Update: (a. Fiscal Impact Statement, b. Notice of Intent, c. Public Outreach, d. Confirm hearing date/time) – Ms. Monic updated the Board on the status of the Fiscal Impact Statements filed with the Legislative Fiscal Office on August 19, 2022, explaining that the rules were divided into four filings according to subject including, 1. Registration of Assistants & Fees, 2. Continuing Education, Exemptions and Fees, 3. Ethical Standards for Licensed Specialists in School Psychology, and 4. Supervision, Training, Credentials, Public Information and Technical revisions. Ms. Monic reported that Dr. Gormanous requested that the Board reconsider the decision of July 15, 2022 to schedule a hearing. The Board discussed Dr. Gormanous' request and affirmed their intent to schedule a hearing on the substantive rules. Ms. Monic also discussed public outreach on the rules and provided resources previously developed for presentation to the Louisiana Psychological Association. Dr. Moore charged Board members with reviewing the information and returning the item for discussion on public outreach on September 23, 2022.

3. ASPPB 62nd Annual Meeting of Delegates, Oxon Hill, Maryland, October 26-30, 2022
a. Confirm Attendees for Annual Meting – The Board discussed and confirmed attendance, including approving travel and hotel accommodations according to State Travel Policy PPM 49 adopted by LSBEP for Dr. Gormanous, Dr. Harness, Dr. Sam and Ms. Monic.

c. Request for Presenters 1.5 hour presentation: “Defining the Regulatory Role in Social Justice Matters” – The Board discussed the request from ASPPB for a presenter on the topic “Defining the Regulatory Role in Social Justice Matters” Dr. Sam volunteered to do the presentation since this was within her wheelhouse. A discussion was had about deadlines for the presentation and whether the Board would need to review the presentation, or if a disclosure statement citing that the presentation was her personal views, rather than the views of the Board was sufficient. Ms. Monic stated she was not sure if there was a conflict with the Code of Governmental Ethics where the Board funded the trip for a board member and the board member provided an independent presentation, but would inquire further. 4. POLICY AMENDMENTS:
a. Section 1002: Committees (i. Certifying/Credentialing & Ethics Code Committee: Charge – study, discuss, prepare, deliberate, address & embed long range implications in the context of protecting the public. (a). Whether or not to adopt the new APA Code, implications & relevant issues like adoption by reference or by codifying, in entirety or modified, timetable & transition, etc. (b). Whether or not to certify or credential persons with master’s degrees in health service psychology & general applied psychology, etc.
(c). Committee Appointments if committee is established. – The Board reviewed this item requested to be docketed by Dr. Gormanous. The Board briefly discussed the proposed committee. Dr. Holcomb moved that the matter be tabled until October because he was not comfortable discussing or making assumptions about Dr. Gormanous' intent. The Board discussed this motion. The motion passed by unanimous roll call vote of the members present as follows: In favor: (4) Moore, Harness, Sam and Holcomb; Against: (0); Abstained: (0); Absent: (2) Gormanous and McNeely.

Items b. through l. The Board reviewed and discussed the remaining policy items docketed as: b. Section 1010. Board Meetings (Update Re Board Meeting Dates)

Section 1015. American's With Disabilities Act, ADA Compliance (NEW) Section 3000. Oral Examination Practices and Procedures Policy (T.S. Sam Update) Section 1002.A. and 3007: Pre-application Determination review procedures (NEW) Section 5007. Website Posting Requirements (NEW) Section 5009. Agency Reporting Requirements (NEW) Section 5011. Data Sanitization Policy (adopted 7/23/2022) Section 7000. Complaints Committee: Delegation of Authority Section 7004. Summary Suspension Delegation of Authority and Procedures

Noting that the sections were not consecutively lettered an "c" and "j" were missing, Dr. Moore moved in favor of adopting b. Section 1010. Board Meetings (Update Re Board Meeting Dates) as written; d. Section 1015. American's With Disabilities Act, ADA Compliance (NEW) with an amendment to delegate the Executive Director as the ADA Coordinator responsible for facilitating the interactive, evaluation process relative to any request for accommodation for employees, applicants for employment, an applicant or candidate for licensure, licensees, and members of the general public and the Board's General Counsel as the ADA Coordinator responsible for facilitating the interactive, evaluation process relative to any request for accommodation for any Board Member; f. Section 1002.A. and 3007: Pre-application Determination review procedures (NEW); g. Section 5007. Website Posting Requirements (NEW); h. Section 5009. Agency Reporting Requirements (NEW); i. Section 5011. Data Sanitization Policy (adopted 7/23/2022); k. Section 7000. Complaints Committee: Delegation of Authority; and l. Section 7004. Summary Suspension Delegation of Authority and Procedures.

5. Petition for Rule Change LAC:46:LXIII.Chapter 15, Section 1501.C. by LA Association for Psychological Science (LASP), Marc Zimmermann, Ph.D. (La R.S. 42.14.D) – The Board discussed the petition from Dr. Marc Zimmermann on behalf of LAPS dated August 11, 2022, requesting a rule change to LAC:46:LXIII.Chapter 15, Section 1501.C. from the current language which reads, "Unless otherwise provided by law, the board may delegate its authority and responsibility under these rules to a committee of one or more board members, to a hearing officer, or to other persons." to the following: "Unless otherwise provided by law, the board may delegate its authority and responsibility under these rules to an examiner, who shall be a psychologist, and who shall, when necessary, recruit community psychologist volunteers, as subject matter experts, as necessary, to review validity of complaints and participate in investigations as needed." The Board discussed this request and concluded that current law adequately and lawfully covers delegations for the purpose of facilitating Chapter 15 complaint investigations and is not aware of any issue or legal requirement that the requested change would address. Following this discussion, Dr. T. Shavaun Sam moved that there be no changes to the rules based the request by LA Association for Psychological Science (LASP) and Marc Zimmermann, Ph.D.

6. Dismissal of Gregory Gormanous v Louisiana State Board of Examiners of Psychologists Et Al. Case No. 1:22-Cv-01425 – Ms. Monic reported that Dr. Gormanous requested this matter be formally docketed on the agenda. Dr. Sam reported that Dr. Gormanous wanted clarification that he requested the dismissal of the lawsuit.

CLOSING RENEWAL REPORT Renewals closed on July 31, 2022. 733 Active Licensed Psychologists: 669 renewed at $400 64 renewed at a reduced fee $200 (last renewal 58 out of 174 eligible requested a reduced fee) 26 Licensed Specialists in School Psychology $100 8 Provisionally Licensed Psychologist $100


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