Originally published: . Volume 10, No. 7. Source pages: 7.
Representative Horton's Act 421 creates the option within the Medicaid program for children with disabilities to access Medicaid- funded services regardless of their parents' income.
The new law defines "TEFRA option" as the program authorized under Section 134 of the Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA") which furnishes Medicaid benefits to children with disabilities who are otherwise ineligible for such benefits because the income of their household exceeds state- established limits for Medicaid eligibility.
Act 421 requires the La. Department of Health (LDH), subject to approval by the federal Medicaid agency, to begin a program within Medicaid to provide health services for the population contemplated under Section 134 of TEFRA. It requires that LDH submit the proposed TEFRA option program to the federal Medicaid agency on or before June 1, 2020.
The law stipulates that the TEFRA option shall offer coverage exclusively through the Medicaid fee-for-service system unless LDH determines that offering TEFRA option coverage to persons enrolled in the Medicaid managed care program would be more cost- effective.
The new law states that in order to be eligible for the TEFRA option, a child shall meet all of the following criteria: (1) He is a La. resident and U.S. citizen. (2) He is under the age of 19. (3) He has a disability that is recognized under the definition of disability utilized in the Supplemental Security Income program of the Social Security Administration, regardless of whether he is eligible to receive benefits under that program. (4) He is ineligible for Medicaid coverage when the income of his parents is considered. (5) Excluding the assets of his parents, he does not have total assets exceeding $2,000 in value. (6) Due to his disability, he requires a level of care provided in a hospital, skilled nursing facility, or intermediate care facility; however, care provided outside of such an institution may be appropriate. (7) The cost of his care provided at his home is less than the cost of institutional care.
The new law requires that to the maximum extent practicable, as determined by the secretary of LDH, the department shall include TEFRA option beneficiaries in its health insurance premium payment program as a means of maximizing private health insurance coverage of Medicaid enrollees.
According to the Legislative Fiscal Office, creating a new Medicaid eligibility group is anticipated to result in a significant increase in Medicaid expenditures in FY 21 and future fiscal years. "The Tax Equity and Fiscal Responsibility Act (TEFRA) authorizes states the option to extend Medicaid coverage to children that meet specific criteria that are not ordinarily eligible for Medicaid due to their parent’s income. The Louisiana Department of Health estimates approximately 1,613 children would be eligible under this new optional program in FY 21, increasing by 1% enrollment annually. Based on an estimated per member per month costs of $1,412, total annual Medicaid payments are estimated to exceed $27 M. The total impact in the first year will depend on how quickly eligible children would be phased into the program."
Efforts to better assist families and children were some of the bills that were put forth this legislative session.
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
Originally published: . Volume 10, No. 7. Source pages: 7.
Representative Coussan's bill has been signed by the Governor and revises conditions for parent training required during custody proceedings.
The previous law authorizes courts to require parties in a custody or visitation proceeding to complete a court-approved seminar to educate the parties of the needs of children.
The new law authorizes courts to require the parties to complete the court- approved program only upon motion of a party, its own motion, or upon agreement of the parties and to render judgment for costs for the program.
The new law qualifies evidence-based nonprofit programs as eligible programs.
"For purposes of this Section, 'instructor' means any psychiatrist, psychologist, professional counselor, social worker licensed under state law, or in any parish other than Orleans, means a person working with a court-approved, evidence- based nonprofit program, or a court- approved nonprofit program of an accredited university created for educating divorcing parents with children. All instructors must have received advanced training in instructing co-parenting or similar seminars programs."
"The seminar program shall focus on the developmental needs of children, with emphasis on fostering the child's emotional health. The seminar program shall be informative and supportive and shall direct people desiring additional information or help to appropriate resources."
Prior law required such seminars to last between three and four hours and cost no more than $25 per person. The new law removes the upper limitation on duration and cost of the program.
The new law prohibits the program instructor from being called as a witness in the custody or visitation proceeding without prior court approval.
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
Originally published: . Volume 10, No. 7. Source pages: 7.
A new law provides for scope of practice and regulation of advanced practice registered nurses (APRNs) and physician assistants (PAs) to provide medication-assisted treatment in accordance with federal and state laws and state rules governing MAT services, or Medication-Assisted Treatments, the use of medications with counseling and behavioral therapies to treat substance use disorders and prevent opioid overdose.
Senator Boudreaux' substitute bill was signed into Act 414, and states: "Advanced practice registered nursing may include the provision of medication-assisted treatment (MAT), as authorized by the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration and in accordance with rules promulgated by the board. At a minimum, rules promulgated by the board shall include a requirement that in order for the APRN to provide MAT, his collaborating physician shall also be authorized and in compliance with all federal and state laws and rules authorizing the provision of MAT.
"A physician assistant may provide medication-assisted treatment (MAT), as authorized by the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration and in accordance with rules promulgated by the board. At a minimum, rules promulgated by the board shall include a requirement that in order for the PA to provide MAT, his supervising physician shall also be authorized and in compliance with all federal and state laws and rules authorizing the provision of MAT.
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
Originally published: . Volume 10, No. 7. Source pages: 8.
A new law, Act 290, expands the application of existing law to apply when the parent or legal custodian knowingly or willfully permits a minor to engage in the prohibited activities.
The existing law provides for the crime of improper supervision of a minor by a parent or legal custodian which prohibits a parent or legal custodian from negligently permitting a minor to engage in certain activities. Penalties included a fine of not less than $25 and not more than $250 for each offense, imprisonment for not more than 30 days, or both.
The prior law provided that whoever violated the crime of improper supervision of a minor by allowing the minor to be habitually absent or tardy from school without a valid excuse was subject to a fine of not less than $25 nor more than $250 for each offense, imprisonment for not more than 30 days, or both. As a minimum condition of probation the offender is required to participate in 40 hours of community service activities, counseling, or both.
The new law retains the existing law probation requirement but changes the prior law penalties to a fine of not more than $500, imprisonment for not more than 90 days, or both, and eliminates the specific prior law penalty which applied for improper supervision of a minor by allowing the minor to be habitually absent or tardy from school.
The new law directs the court to consider the totality of the circumstances including the best interest of the minor when imposing the sentence for a person convicted of improper supervision of a minor.
The new law authorizes a peace officer to issue a summons, in lieu of making an arrest, to any person who commits the offense of improper supervision of a minor unless: (1) The officer has reasonable grounds to believe that the person will not appear upon summons. (2) The officer has reasonable grounds to believe that the person will cause injury to himself or another, will cause damage to property, or will continue in the same or a similar offense unless immediately arrested and booked. (3) It is necessary to book the person to comply with routine identification procedures.
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
Originally published: . Volume 10, No. 7. Source pages: 8.
Senator Riser's SB 66 was signed into law by the Governor and will strengthen regulations for open meetings.
Any member of a public body who knowingly and wilfully participates in a meeting conducted in violation open meetings laws, shall be subject to a civil penalty not to exceed one five hundred dollars per violation. The member shall be personally liable for the payment of such penalty. This is an increase from one hundred dollars.
The prior law allows the party to bring an enforcement proceeding and to be awarded reasonable attorney fees and other costs of litigation. If such person party prevails in part, it is an appropriate portion. If the court finds that the proceeding was of a frivolous nature and was brought with no substantial justification, it may award reasonable attorney fees to the prevailing party.
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
Originally published: . Volume 10, No. 7. Source pages: 9.
The Governor signed Senate Bill 241 authored by Senator Riser which places more requirements on boards to consider small business needs when making Rules.
Act 204 retained prior law which provided that, prior to the adoption, amendment, or repeal of any rule or regulation by a state agency, the agency will notify the public of the change by sending a notice of intent to make the rule or regulation change to the office of the state register for publication in the La. Register.
Prior law, named the Regulatory Flexibility Act, required state agencies to conduct a review of each proposed rule or regulation change and to prepare an economic impact statement and a regulatory flexibility analysis as it relates to impact that the proposed rule would have on small businesses. The new law retains this prior law but changes the name of the Act from the Regulatory Flexibility Act to the Small Business Protection Act.
This law notes: 'A vibrant and growing small business sector is critical to creating jobs in a dynamic economy," And "Small businesses bear a disproportionate share of regulatory costs and burdens," and "The failure to recognize differences in the scale and resources of regulated businesses can adversely affect competition in the marketplace, discourage innovation, and restrict improvements in productivity" among other statements recognizing the impacts on small business owners.
The new language adds, "Before adopting regulations, it is helpful if agencies solicit the ideas and comments of small businesses to examine the impact of proposed and existing rules on small businesses." And, "Making small businesses aware of proposed state regulations before they are implemented is the key to creating an effective partnership between state agencies and small businesses."
Prior law provided that prior to the adoption of any proposed rule that may have an adverse impact on small businesses, each agency shall prepare an economic impact statement that identifies an estimate of the number of the small businesses subject to the proposed rule, the costs of compliance, the probable effect on impacted small businesses, and a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule. And that the agency consider utilizing regulatory methods for small businesses that establish less stringent compliance or reporting requirements, establish less stringent deadlines for compliance, consolidate or simplify the reporting requirements, etc.
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
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
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
Originally published: . Volume 10, No. 7. Source pages: 2.
Growing up in a newspaper family, the vacation week was preceded by a manic––even more than usual––effort to produce what we called, “The Farm Edition.” My father would send me out to take photos and gather the soft news from around the rural life setting of Red River Parish. I’d find out which livestock farmer had a new prize bull (and take a picture), how the cotton fields were holding up to the drought (and take a picture), and which vermin had found their way into the corn crops (and take a picture).
This filled up the back of the paper so that right before we took off for vacation, my parents would write up the hard news for the front page. The back-shop, a production team composed of two great young fellows named Johnnie and KP, would run the press and get the paper to the post office across the street when the deadline arrived.
Mom and Dad were free for seven days, unheard of the rest of the year for publishers of a small weekly. So, after this mad-dash, frazzled sprint to produce the Farm Edition, my Dad piled us in the car for a mad-dash, frazzled sprint to some beach where we fought sand, surf, and sunburn until we returned home to recover.
When I was 11, my father got it into his head to see Hemingway’s home. So this time he piled us (four kids and mom) into his new Buick Skylark and we drove from Coushatta, Louisiana, to Key West, Florida.
My father was a drive-a-holic, and could put 100,000 miles on a car in one year. But obviously ignoring the fact that time passes faster for adults than children, he set out on a four-day round trip of 2,600 miles to Key West.
I remember the Banyan trees, eating lobster for the first time, and driving along the Keys. I remember the salt scented air, the warm beach sands and how the road through Florida narrowed until the land dropped away to nothing but the endless turquoise ocean on both sides.
Mostly, however, I remember the eternity of staring out a car window for mile after mile, after mile, after mile, and hour after hour, after hour. (Surely this is what they do to you in Hell.)
The trip to the Keys was my last. The next year I put my 12-year-old foot down and refused ever again to go on another family vacation. My vehemence seemed to break open the groupthink and my older sister, a very accommodating, sweet, and cooperative sort, amazingly broke ranks too. My younger brothers joined the revolt. I think my father would have exercised his authority except for the fact that my mother amazed us all and agreed, announcing that she would instead spend her time, by herself, fishing for Bream in Black Lake.
Psychological science tells us we like to be busy. We’ll try and stay busy, even if we don’t really have anything to do. That’s the hard part about summer vacation.
In their research, “Idleness Aversion and the Need for Justifiable Busyness,” Hsee and his colleagues point out that people dread idleness, and people who are busy are happier than people who are idle. So, even a specious justification can motivate people to be busy, they found. This idea is contained in the adage about work expanding to fill the time allotted, even if it is meaningless.
For me, summer might be a time to stop some of the busyness, lay back a little, do a few reruns, and try some mindfulness. One good thing about the summer––the legislature goes home and stops, at least for a time, making new laws and dreaming up things for the rest of us to have to do. I don’t have to worry that they’ll pass a law that says I have to drive four days, in order to spend three days on vacation, at least not right now.
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
A new law adds to the existing list of hearsay exceptions statements made by the victim of a sexually-oriented criminal offense to a healthcare provider during the course of a forensic medical examination. The healthcare provider must have documented those statements in writing during the course of the forensic medical examination.
The bill, House Bill 487 by Representative DuBuisson was signed by the Governor and becomes Act 237.
The existing law says that certain prior statements by a witness are not hearsay if the declarant testifies at trial or hearing and is subject to cross-examination concerning the statement, and the statement is any of the following: Inconsistent with his testimony in criminal cases provided that the witness has been given the opportunity to admit the fact; Consistent with his testimony and offered to rebut charges against him of fabrication, improper influence, or motive; One of identification of a person made after perceiving the person; Consistent with declarant's testimony and is one of initial complaint of sexually assaultive behavior. The new law adds statements made by the victim of a sexually- oriented criminal offense to a healthcare provider during the course of a forensic medical examination to this list of exemptions.
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
Representative White's effort to help 35,000 individuals with disabilities maintain access to quality healthcare services was signed into law by the Governor as Act 381, as the "Disability Services Sustainability Act." White believes that private providers are essential for helping those with disabilities, and access to these providers is threatened and dwindling.
In an effort to maintain quality services for individuals with disabilities, Representative White's bill notes:
(1) Access to quality services for persons with developmental, intellectual, adult-onset, or physical disabilities furnished by private providers is essential for the health, safety, and well being of those persons.
(2) Reliable and sufficient Medicaid reimbursement rates for private providers are necessary to create and maintain a sustainable statewide system of services for eligible individuals with disabilities.
(3) A statewide system of services is sustainable only if reimbursement rates are sufficient to enlist providers in numbers great enough to allow eligible individuals a choice among different providers who are capable of delivering quality services that will meet the assessed needs of those individuals in a timely manner.
The measure declared that the state "must take steps to foster and maintain a robust network that attracts and retains quality providers which are capable of maintaining a stable workforce and are sufficient in number to allow for meaningful choices among providers by individuals eligible to receive disability services."
The law requires "The department shall maintain reliable data in a form that permits ongoing monitoring of trending factors that may affect the sufficiency of rates. Such factors may include, without limitation, trends in cost of living and other economic indexes, wage rates, and changes in regulatory and policy requirements affecting provider costs.
"The department may require reasonable, periodic financial reports from providers as needed to ensure the availability of reliable cost data. The department shall consult and collaborate with providers to develop reasonable financial reporting requirements."
"The department may conduct annual reviews of all rates by service category and shall make a determination of the level of sufficiency of each rate based on a review of all pertinent data."
Act 381 requires that any reduction in disability rates to providers must be approved by the Joint Legislative Committee on the Budget.
The state health department is to submit an annual report concerning disability service provider rates with any changes within the previous twelve months to the Medicaid rate methodology for disability services and the current Medicaid rates for those services.
Representative White (Center) asks the state to study quality and access to services for those with disabilities. She said she is concerned about losing private providers from the public health care roles.
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
Originally published: . Volume 10, No. 7. Source pages: 3.
In a June 25 press release, Gov. John Bel Edwards highlighted news of Louisiana’s strong personal income growth from the Bureau of Economic Analysis today. This news comes as Louisiana experiences its lowest unemployment in 11 years and highest GDP ever. Personal income grew by four percent, faster than the national average — including Texas. Gov. Edwards said, "… our state is better off than it was years ago.
In related news, Southern Business & Development magazine ranked Louisiana No. 2 for securing the best economic development performance in the South. The magazine tracked the most significant capital investment and job-creation projects across the South.
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
SB 29 by Sen. Patrick Cortez passed the Senate with a 38 to 0 vote and House on May 30 with a vote of 97 to 0. The measure will protect free speech rights in those disciplined by regulatory boards.
However, a measure that would have put additional due process requirements in place was tabled in the Commerce Committee. Senator Cortez's measure will ensure that no professional or occupational licensing board or commission shall:
(1) Enter into a consent decree with a licensee, permittee, or certificate holder if such decree contains a nondisparagement clause. Such a nondisparagement clause contained in a consent decree is contrary to public policy of this state and shall be null, void, and unenforceable, said the measure. Or (2) Initiate any disciplinary actions against a licensee, permittee, or certificate holder for providing testimony or records to a legislative body.
Senator Milkovich's attempt was more comprehensive, and would have prohibited the boards from having a rule, regulation, or any contract that requires the licensee to waive any legal or constitutional rights to have access to the courts, due process, discovery, evidence, or any other right established pursuant to proposed law.
It would have allowed a licensee to have his case transferred to the division of administrative law or an independent administrative law judge. Senator Milkovich said "I don't think it is justice when the judge is paid by the board, the jury is the board, and the prosecutor is paid by the board. That's exactly, that's antithetical and inimical to due process."
The measure contained a number of checks on boards, including that notice of complaints be within 10 days of receipt by the board, including the name of the person making the complaint and identification of the board staff member making the complaint if it originated with the board staff member. It would have required the notice to the licensee to include a detailed description of the complaint. The measure would prohibit the board investigator from having communications with the board or executive director unless the licensee subject to the complaint is present. It would have required that all files of the board regarding the complaint and investigation be available to the licensee through full discovery and that all relevant facts of the case be included in the record. The measure would have restricted the use of anonymous hearsay testimony during a hearing and grant the licensee the right to confront witnesses.
Regulatory boards filed numerous cards with the committee, to express "information." However, based on the testimony given, it appeared that the boards opposed the measure.
In 2018 Milkovich proposed SB 286 called "The Physician's Bill of Rights." That measure passed the Senate but failed in the House Health & Welfare Committee. This year Senator Milkovich tried to extend it to cover all boards, calling it the "Licensee's Bill of Rights." Senator Milkovich testified that licensees' rights of due process are being violated.
"I don't think it is justice when the judge is paid by the board, the jury is the board, and the prosecutor is paid by the board. That's exactly, that's antithetical and inimical to due process."
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
"Enchantment" and Modern Life––Are We Looking for Magic? An Interview with Dr. John Rosegrant
Last month the spectacularly popular HBO series Game of Thrones concluded. Thrones is a complex story chocked full of social-psychological conflicts, power issues, sex, convoluted relationships, hidden agendas, betrayals, personality disorders, violence, war and trauma. Viewership grew dramatically over the eight seasons, starting at 2.5 million and ending at around 40 million viewers. Viewers created a fandom, with their social media channels and blogs, discussing each and every detail of each detail.
On top of all the intrigue and social games, Thrones sported an array of fantasy elements — zombies, immortal beings, psychic time travel, witches, and a sundry of magic and mysticism. Perhaps the most appealing of all––three fantastical dragons.
Dr. John Rosegrant is a clinical psychologist and psychoanalyst, explains one aspect of this type of literature.
"Enchantment is a state of mind that combines a sense of wonder, a sense of meaningfulness, and a sense of being connected to someone or something larger than oneself. Many of our patients suffer from a feeling of disenchantment, and are vulnerable to seeking enchantment in maladaptive forms such as drugs and destructive relationships. The popularity of media (such as “Game of Thrones” and role-playing video games) that involve magic is in part due to their engaging this fundamental psychological dynamic."
Dr. Rosegrant will be presenting this month at the Louisiana Psychological Association conference. In "Enchantment and Disenchantment Throughout the Life Cycle," he will explore the issues of enchantment in developmental crossroads across life periods.
Dr. Rosegrant is a Fellow of the International Psychoanalytic Association and Member of the New Orleans- Birmingham Psychoanalytic Center. Dr. Rosegrant has taught and supervised in many psychotherapy and psychoanalysis training programs. He has spoken and published on a wide variety of topics including psychoanalytic technique, short- term psychotherapy, play therapy, dreams, fairy tales, Harry Potter, the World of Warcraft computer game, and technology dependency.
What does Dr. Rosegrant see as the psychology behind this and other literature like Lord of the Rings, superhero movies, and other scifi-fantasy television and movies?
"Their great popularity partly comes from factors like interesting character development and exciting plots that they share with other forms of film and literature," said Dr. Rosegrant. "But it is also because the central role of fantasy in these works gives the audience a chance to experience a form of enchantment."
What is exactly is enchantment and why is it important?
"I define enchantment as experience that involves a sense of meaningfulness, a sense of wonder, and a sense of being connected to someone or something other than oneself," he said. "There are many ways this can be felt besides engaging with fantasy film and literature; some examples are creating or appreciating other forms of art, being 'in the flow' of a project, being in love, enjoying nature, and religious experience."
"But the White Walkers and orcs remind us that there are also painful forms of enchantment, such as drug addiction and destructive love relationships.
"It may help in understanding enchantment to contrast it with its opposite, disenchantment," he said. "Max Weber defined disenchantment as the sense that everything can be explained by rational, material factors. There are several points in psychological development at least in modern Western societies when the individual is expected to become more rational and organized, challenging feelings of enchantment that were available to their younger selves. One of the most important of these developmental phases is the shift from adolescence to adulthood, which many youths experience as giving up on freedom and fun to become boring adults. This is probably why fantasy literature and film often has special appeal to adolescents—they are trying to hold onto a sense of enchantment."
Is there something about modern life that is promoting this trend?
"Definitely. Max Weber, whom I just mentioned, thought that a defining feature of modernity was the 'disenchantment of the world.' Pre- modern societies believed that many things occurred because gods, spirits, witches, or other supernatural beings made them happen, but the modern scientific worldview that everything can be explained by material causes banishes all these beings into non- existence," Rosegrant said.
"Another way to think of this is as a shift from a permeable self to an impermeable self: pre-modern peoples could be affected by spirits and magic; modern peoples cannot be. In many of the jobs available in modern societies workers experience themselves as cogs in a machine that produces meaningless commodities, and it is hard for a cog in a machine to experience meaning and wonder." "Now, these are not absolute differences," he explained. "Even in modern societies many people believe somewhat in supernatural forces, and some people believe in them strongly. But I think the changes are real and make it harder for people nowadays to experience enchantment."
"This doesn’t mean we should idealize pre-modern societies. There are obviously innumerable ways that we now are safer, healthier, and more comfortable than in the past. We are probably better off without White Walkers and orcs. Although…it would be exciting and would give us a sense of common purpose if we had to deal with them…so I’ll leave it at probably better off."
What are some of the psychological theories that relate?
"I am not aware of psychologists talking directly about the importance of enchantment, but I think it is implicit in many forms of depth psychology. In one of his letters, Freud wrote that the goal of psychoanalysis was not to eliminate complexes but to live in harmony with them. Jung’s Modern Man in Search of a Soul is about the search for meaning in later life. Erikson’s eight stages of psychosocial development begin with basic trust vs. distrust and end with integrity vs. despair. Nancy Chodorow and Carol Gilligan have written about ways that modern child rearing instills instrumentality at the expense of community. All of these, and probably many others that you can think of, relate to meaning, wonder, and connection even without directly addressing enchantment."
Are there uses of enchantment for those providing psychotherapy and if so can you give some examples?
"These ideas about enchantment don't so much lead to specific techniques as to a therapeutic attitude. I think it is helpful to think about the ways that our patients struggle to hold onto enchantment, and to respect even the maladaptive forms this may take. For example, overuse disorders, such as chemical addiction or gaming to the extent that it interferes with other parts of life, are often ways to seek enchantment. I have found that an important part of helping people overcome these disorders is to accept the disorders and talk about what is helpful about them rather than to simply confront and try to eliminate them."
What are some of your favorites in this area of literature and why?
"I enjoy lots of fantasy literature and movies, but my favorite remains Tolkien, especially The Lord of the Rings. I could give reasons until you became quite bored, so I’ll just pick one: Tolkien not only provides enchantment but simultaneously puts it at risk, so he directly engages the psychological and social conflicts around enchantment that I have been talking about. Destroying the One Ring of Power also means that the elves must leave and Middle- Earth enters the disenchanted Fourth Age. Frodo departs as well, leaving Sam to find 'ordinary' enchantment with his wife and children. In that moment, Sam demonstrates the possibility of finding a new enchantment after a treasured enchantment has been lost."
In his presentation later this month, Dr. Rosegrant will use film clips from Peter Jackson’s movies of The Lord of the Rings and The Hobbit to illustrate four developmental crossroads when the individual must find new forms of enchantment or become disenchanted: the language explosion during the second and third years; puberty and adolescence; leaving school and entering adulthood; and retirement and old age."
Dr. Rosegrant is also the author of the Young Adult Fantasy series The Gates of Inland: "Gatemoodle," "Kintravel," "Rattleman," and "Marrowland." "Makeles Made" and the concluding volume is expected in 2019.
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
Originally published: . Volume 10, No. 6. Source pages: 2.
by Times publisher, J. Nelson Despite the popularity of Game of Thrones, I stopped watching the HBO program on a regular basis––throwing my hands up in disgust for the first time in season one when the evil queen and her devil spawn beheaded Ned Stark, the main character.
This shock and awe turned out to be the usual fare for Thrones but I never quite got used to it, vowing again and again through the eight seasons to swear off. Approach would eventually win over the avoidance because Archimedes found it perfectly palatable and the growing viewership and pop culture teased my "FOMO" (fear of missing out, as it is termed). I did in fact enjoy the elements of "enchantment" (see front page story and John Rosegrant’s comments) and was willing to put up with a few eyes being gouged out and throats being slit to be able to see what happened with the Knight King, White Walkers and especially the dragons.
The series had all the elements of primate social competition, from game theory and evolutionary psychology. Good guys and bad guys and naïve guys. All the evolved traits of selfishness, cooperation, altruism, and spite. We had every element of primate power games with shifting coalitions, deceit, and betrayal. In Thrones the power competition is direct and overt– –well, it is right in the title, after all. So, might makes right, and whose side the character is on defines their moral choices. There is not a great deal of self-deception, in fact, nary a drop.
Contrast this with the real life games that real people play. While game theory describes the benefits to the participants in any game, based on choices available, it takes another layer of theory about self deception, especially that from Robert Trivers, to explain the nuances of human interactions. It's the direct motivations plus the self-deception that creates a complicated, complex character.
Self-deception is better addressed in the classic heuristics outlined by psychiatrist Eric Berne and his followers in Transactional Analysis and his book "Games People Play," concepts introduced to many of us by Sue Jensen.
These games are also competitive games with social and psychological payoffs, but compared to characters in Thrones, much less conscious of their dark side. The form is always the game triangle with the positions of Persecutor, Victim, and Rescuer pattern.
A specific game is considered pathological when it's unconscious, rigid and overly aggressive or destructive, all of which makes it more likely that those in the game are immersed in self-deception. Payoffs of unconscious aggressiveness are engaged, and the moral hypocrites are on the loose.
Berne and his colleagues defined and titled these exchanges with interesting and sometimes hilarious titles such as "Courtroom" where a person playing persecutor gets caught up in right-wrong and loses perspective. There is one called "Uproar" where players escalate the conflict to fever pitch, and one named "Isn’t it Awful" where the rescuer and victim join emotionally to blend the superiority of helping and the dependency of victimhood.
On the national scene we are seeing some real games being played, the most likely is the ever popular, "Now I've Got You, You S.O.B."
We could also compare the environment of King's Landing to modern day Washington DC.
I'm just thankful nobody has a dragon.
[Julie Nelson is a licensed psychologist, journalist, and organizational consultant, and publisher of the Times. She also holds other various positions in the community. However, her opinions here are those of her own, and do not represent any group or association. She and the Times receive no compensation other than paid advertising. Email her at drj@drjulienelson.com, ––she welcomes feedback.]
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.
Originally published: . Volume 10, No. 6. Source pages: 4.
Texas Legislators followed the recommendations of the Texas Sunset Commission to consolidate certain functions of the state's behavioral health boards, with H.B. 1501 passing both chambers sent to the Governor on May 26.
The measure combines individuals from The Board of Examiners of Marriage and Family Therapists, Board of Examiners of Professional Counselors, and Board of Social Worker Examiners with the Board of Examiners of Psychologists under the new umbrella agency, the Texas Behavioral Health Executive Council (BHEC), on September 1, 2020.
The new agency will be a nine- member executive council consisting of one professional member and one public member appointed from each professional board, as well as a public chair of the council appointed by the governor. The announcement from the Sunset Commission noted that each professional board is retained as a governor-appointed board under the overall executive council structure to oversee the substantive regulation of its profession. BHEC is to develop policies and procedures to ensure its rulemaking function focuses solely on creating rules governing administration of licensure, investigation, and sanction procedures, and reviewing rules proposed by each licensing board for anti- competitive impacts, administrative consistency, and good governance concerns
The new agency will not adopt rules relating to standards of practice, ethics, license qualifications, and disciplinary sanctions, unless the rule is proposed by the applicable professional board. Other changes included requiring boards to conduct fingerprint- based criminal background checks of all licensure applicants and licensees, authorizing the boards to check for disciplinary actions in other states, authorizing the psychology board to issue remedial plans to resolve minor complaints, eliminate the authority for the psychology board to administer an oral exam, and adopt Psychology Interjurisdictional Compact. In a related story, the Texas Psychological Association (TPA) dropped a lawsuit against the state psychology board, over a dispute in 2017 when the board adopted new rules removing the supervision requirement for Licensed Psychological Associates. In a memo on the TPA website, the TPA Board of Trustees said the group had spent $76,000 on the law suit and the attorney said that based on preliminary hearings the chance of success was very low.
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.