ND State Board of Psychologist Examiners
ND State Board of Psychologist Examiners
Board Retreat
August 18, 2016 @ 8:00 AM CT
August 19, 2016 @ 11:00 AM CT
Originating from: AAG Office- South Conference Room
17th Floor ND Capitol Building
600 East Boulevard Avenue—Bismarck, ND 58501
AGENDA
Thursday, August 18, 2016
1. Call to Order (Dr. Adams Larsen, Presiding) and Review of Agenda
a. Called to order at 9:01 by MAL. Attendance-DS, EH, MAL, JU, AL, CK, and PK. TO will be late. PA is absent with regrets.
b. Planned to do board development training all day and get to know old and new stuff for members, to go through very quick version of board trainings in years past.
c. Agenda was rearranged and reposted due to having more members able to attend Friday.
2. Board Orientation & Training (Adams Larsen)
a. NDSBPE exists to protect public and ensure standards of responsibility.
b. Important to note laws that apply to us, not just OUR law
i. Open meetings Laws
1. DS-law is that any document that government possesses is open record. EXCEPT things that law specifically says must withhold (confidential) or may withhold (exempt). Think about it differently or broadly-as a government agency without funding, board business can be in different accounts or different places instead of ND.gov. If information is requested, may have to look in all emails. EH-Possibly have a consistent email address format ()
2. Quorum of Board or subcommittee, any time discussions are happening about decision making process. Can call and talk about things, but wants to talk to someone, you can do that, but cannot actually make a subcommittee. Can always call/email EH or DS to ask questions because we don’t count. There are regular/special meetings. Regular meetings set in fall, will be posted by October. At time the Board members decide what time they are going to meet, post. There is no specific time to give notice, just when Board members know. Special meeting is run in newspaper (Committee meetings are considered special meetings)
ii. Disabilities Laws- sometimes have requests for accommodations for EPPP. Certain appropriate documentation accepted for requests. Typically, we just are aware of the request and send to ASPPB.
iii. Agenda Constructions-Language-not using complainant’s name in agenda/minutes. (Use initials or general term like complaintant)
1. CAN GENERALIZE BOARD MINUTES-Do not need super specific things ie: “discussed Board finances”—try to limit to what we said and what we did.
iv. Self-Regulated-Is psychology self-regulated? No… There’s a law... Board is also appointed by governor and overseen by government entity. State’s Attorney prosecutes people practicing without a license-Board has no authority over people that are not licensed.
c. Definitions & Discussions
i. Statute vs. Rule/Regulation- All are law, but statute trumps rule and regulation. Statute (Century Code) lays baseline-creates Board, basically sets floor and ceiling. Rules/Regulation (Administrative Code)-can do whatever you want within baseline of statute.
LUNCH: 12:45. Resumed 1:41.
d. Board Operations
i. Details of how Board is run-what is done and who does it
ii. Effectiveness and Efficiency-sometimes do not work together
iii. Recusal-Do not need to say why, but can recuse any time. Difference from abstention-abstention can be due to lack of knowledge or information. DS-must have direct and substantial relationship that is either personal or pecuniary.
e. Outreach
i. Social Media (talk to Margo about heading this up)
ii. Parties of Interest-work on reaching out to students- possibly trickle down education ladder and work with Master’s and Bachelor’s students
3. Board Retreat Special Topics
a. Review of Finances (Ms. Hensler)
i. Profit and loss statements-overall positive in last 10 years. Negative this year due to increased attorney fees and travel.
b. Operating Cost Ideas (Ms. Hensler/Board)
i. MAL-way of balancing funds. Possibly talk to Taylor. PK-rainy day fund, and operating expenses. MAL-in the bank we have, could we have a possible second account for saving and longer plans for that. TO will work on finding out about accruing interest on savings accounts and paying. MAL best way to save is to maybe limit travel (but this takes away education), so this is just something to keep in mind. Other thing we need to think about is more paid office time.
ii. Time spent in Board Office
1. WRITE WHAT I HAVE ON MY NOTES ABOUT WHAT I DO AND WANT TO DO
2. Records retention policy—POLICY MANUAL. How long do we want to have agendas and minutes?
3. Policy Manual Development
a. Committee members creating checklists and streamline committee processes
b. Update forms
c. Update law information
c. Committee Processes
i. Way or approach to processes-PK-with policies and procedures, could weed out much of the committee work and put time elsewhere
ii. Applications committee-tons of fantastic ideas from Jon regarding changing process.
iii. Still will have committee processes
d. Board Outreach (Adams Larsen/Board)
i. Activities through the year- Did presentation at NDPA this year. Maybe have relationship with people in case of needing new members.
ii. Updates from ASPPB
iii. Planning—saved for 8/19
e. Updating Forms & Policy Manual (Ms. Hensler/Kolstoe/Adams Larsen)
i. Renewals Process-EH provided a demonstration of potential renewal forms. Will include “all checks are nonrefundable and will be processed upon receipt.” EH and MAL will work on updating forms and will send out for review.
ii. Policy related to Reciprocity (Ms. Hensler)-reciprocity typically means you can do something differently, but we don’t have any mechanism like this. Reciprocity piece is coming up in legislature in terms of fast tracking applications: have already talked about changing language. MAL-maybe they can just take out language regarding reciprocity. EH-current applicant wanting to apply via reciprocity. Perhaps communicate to applicant that it is more work for them to apply reciprocity. DS- interpretation of rule-if you apply here from another state, and you meet the requirements from ND at that time, you get a license. Bring language back regarding reciprocity
f. Credentialing Organizations—background from Credentialing Organizations completing applications for applicants. Any oppositions to creating a statement for the website to have as part of applications process that no one else can complete application for them. Will add information to forms.
Meeting stopped at 4:56
Friday, August 19, 2016
Called to order @ 11:02
4. Continuation of Special Topics from 8/18
a. Reciprocity-language that will be added to board rules allowing to be licensed with license, transcripts, and exams.
b. ASPPB EPPP Step 2 (Kolstoe/Kuchler) – reports from ASPPB Meetings; video- MAL-Exam is up and coming. This is a consistent pattern in thinking with medicine, but is a slightly different process. Can we require our applicants to do this? If we don’t, what are the ramifications of our relationship with ASPPB? Can we still be a member if we don’t do this? Who is able to attend ASPPB and see what the overall board perspective of it? CK and PK- could be used for continuing competency. CK-At this time, this is somewhat going against the grain of expediting licensure. We would need to convince ourselves and others of the benefits. PK-possible certification or testing later. PA-Why do we need this? Are we having an issue with competency? MAL-somewhat following competency model to ensure it’s not just about knowledge, it’s about actual competency. Need to note that we are having a large political issue of wanting to license people faster, this creates a barrier.
c. Planning—saved for 8/19-Goals-5 year SMART Goals- Where do we want the Board to be in 5 years
i. Online application, online payment, online complaint process (LOOK FURTHER INTO THIS).
ii. Storage of materials that Board members have ready access to-easier access to existing items, laws and rules that is searchable in our area. Reference to APA Ethics Code
iii. Evaluate Ethics Code and develop all
iv. Outreach-be able to reach many students and consumers
1. Moving from gatekeepers and punishers and working out there and trying to connect.
2. Better relationships with employers, licensees, etc.
v. Financial Stability to support multiple face-to-face meetings or other things- overall have budget we can operate on
1. Maybe cigarette law could help here? Behavioral Health council??
vi. Social Media
vii. Encrypted email and shared storage drive that is HIPPAA compliant
viii. School Psychologists? NOTE TO SELF: Check BARC or LISTSERV for licensing school psychologists.
5. Behavioral Health Info
6. Dr. Suess Application
7. DPI-School Psychology Discussion (8/19 @ 1pm)
a. Three different laws- DS-Statute says that school psychologists are exempt. The standards must be established between the board and DPI. Historically, there has never been a conversation between the board and DPI. The DPI rules state that the person must have a master’s in school psychology and hold a degree from ESPB. ESPB says the standards that they created. MAL- was asked multiple times what we are doing about school psychologists. Should we be regulating them? CK-This law came out when they were pushing for school psychologists to be teachers first. Issues are the scope of practice and the location of practice. One of the hopes of having people here, we having been asked by legislators to look into and we have in law that it’s agreed on mutually-there’s inconsistency with the law. Most potential issues is misdiagnosis, completing tests that they are not trained in. Their board would not be equipped to handle any complaints. MAL-the scope issue is major. Can we clearly figure out what the regulatory oversight mechanism is for when there are clinical issues for these people? Are the interns exempt as well? Goal should be to form a committee to go between the groups following this
VISITORS joined meeting @ 1 PM
In attendance: Dr. Janet Welk - Educational Standards and Practices Board
Robert Marthaller - DPI - Education Success and Community Support Asst. Superintendent
Gerry Teevens - DPI - Special Education Director
Robin Lang, Assistant Director in the Office of Teacher and School Effectiveness
MAL-What if anything can we do in terms of the language of our statute to clear up issues with “mutual agreement” in statute? Either will have to initiate a statute change or it will be started for us. Marthaller-no one really has any knowledge regarding mutual agreement. About 93-95-when DPI turned responsibility of licensure to ESPB. PK-lack of clarity between DPI and ESPB managing licenses. Janet-School psych is lumped in with special ed and speech path. MAL-we realized that interns are not exempt from our law. Ultimately, issue is that there is a vulnerable public to protect, so where do complaints go? How are they processed? What can be done? And there are a couple of areas that have a specialty in psychology that board with educational things would not be knowledgeable about, and our board wouldn’t be knowledgeable about educational things. Janet-internship experience must be supervised by university supervisor and school psych at school. The way our law is worded, person at university would not be exempt. MAL-where would we find reference? NASP. In psych, people are sent to practicum, so they are getting credit at university by being “supervised” by someone at school and actual supervision is at the school location. So, the clinical supervision is completed by the person at the school. DS-Board would like to possibly make change to statute that points to ESPB and not DPI. MAL-What can we put down specifically that would point in the right direction and be accurate when people ask questions? How many complaints do you get and what is the process and what are some outcomes? Janet-Never had a complaint about a school psychologist. Always do ask that local level document and look at everything prior to sending it to ESPB. Documents process and lets people know that they mean business. CK-if you received a complaint about testing or diagnosing? Janet-send complaint to educator. Have 20 working days to respond. They can include any documents and send back to board. Edward (board representative lawyer) reviews information and makes a decision. Board has never had to consult someone about diagnosis. There are “community experts” and board can talk to expert if they are not qualified to make a decision. MAL-could we have a smaller group of us continue to work on this and figure out within our law and what we could change? Could we set up a work group to work together? Marthaller-Janet is going to put on ESPB agenda to talk about as well. DPI also needs to have internal conversation. MAL-we will be working on law overhaul. Could we have someone come to their meeting? Have a little group to continue meeting? Note: NASP standards have changed. DPI and ESPB will look into rules and work to come up with ideas and will chat. ESPB committee person would be Dr. Pitkin. DPI will find someone and EH will work with NDSBPE to find someone to work for our board. Next meetings would most likely be teleconference. Visitors left @ 1:50.
8. Committee Meetings 8/19 2-3pm
9. Regular Board Meeting Topics – (8/19 @ 3-4pm)
a. Approval of Minutes
i. Board Meeting-July 25, 2016-tabled for next meeting
ii. Minutes Approved in Committee- Can be approved and signed at next meeting.
1. Applications Committee
2. Examinations Committee
3. Complaints Committee
b. Reports from ASPPB meetings (Kolstoe/Kuchler)
i. Take homes from Social media-Post only after careful consideration, fully aware of content, nothing you wouldn’t want in the paper the next day. Separate your personal and professional account. Maybe determine jurisdiction over behavior on social media for licensees. Get consent before using telecommunications. Encourage all licensees to have social media policy as part of your office policies. Some kind of information about social media guidelines on website.
ii. PSYPACT-Expensive-changing law, etc.
iii. DS will be going to FARB in Chicago
c. Elections
i. President
1. CK nominated MAL for President. No further discussion or nominations. AL motioned to close nominations and unanimously elect MAL as President. All in favor, none opposed. MAL abstained. APPROVED.