MINUTES - Microsoft



MINUTES

BEHAVIORAL HEALTH AND HUMAN SERVICES LICENSING BOARD

NOVEMBER 27, 2017

I. CALL TO ORDER AND ESTABLISHMENT OF QUORUM

Dr. Osborn called the meeting to order at 9:00 a.m. in Room W064 of the Indiana Government Center South, 402 West Washington Street, Indianapolis, Indiana, and declared a quorum in accordance with Indiana Code § 15-5-1.1-6(c).

Board Members Present:

Donald Osborn, Ph.D., LMFT, LCSW, LMHC, LCAC, MFT Section Chair, Board Chair

Stephan Viehweg, MSW, LCSW, Vice Chair

Kimble Richardson, MS, LMHC, LCSW, LMFT, LCAC, MHC Section Chair

Carla Gaff-Clark, Ed. D, LMHC, CADAC-IV, LCAC, AC Section Chair

George Brenner, MS, LCSW, LMFT, LCAC

Barbara Riggs, Ph.D., LMFT, LCSW, LMHC

Rex Stockton, Ed. D., LMHC, LCSW, LMFT

Jacqueline Eitel, RN, Consumer Member

Board Members Not Present:

Andrew Harner, MSW, LCSW, Board Chair, SW Section Chair

Misty Lewis, Consumer Member

Vacant, MD Member

State Officials Present:

Cindy Vaught, Board Director, Professional Licensing Agency

Heather Hollcraft, Assistant Board Director, Professional Licensing Agency

Donna Sembroski, Deputy Attorney General, Office of the Attorney General

II. ADOPTION OF THE AGENDA AS AMENDED

A motion was made and seconded to adopt the agenda, as amended.

RIGGS/RICHARDSON

Motion carried 7-0-0

*Ms. Eitel was not present for the vote

III. ADOPTION OF THE MINUTES FROM THE OCTOBER 30, 2017 MEETING OF THE BOARD

Approval of the minutes from the October 30, 2017 meeting of the Board was tabled until the next meeting of the Board.

IV. PERSONAL APPEARANCES

A. Probation

1. Bartley Cambridge, LCSW, LCAC

License No. 34004012A, 87000109A

Administrative Cause No. 2016 BHSB 0026

Mr. Cambridge appeared before the Board, as requested, regarding his ongoing probationary status. Mr. Cambridge reported there have been no changes since his last personal appearance. Mr. Cambridge indicated that he is still a psychiatric social worker at VA Hospital. The Board indicated they have not received his self-report, nor the report from his supervisor. Mr. Cambridge submitted his self-report and a continuing education certificate of completion. Mr. Cambridge has submitted eighteen (18) of the twenty (20) hours of required continuing education. Will need to have his supervisors report submitted. Mr. Cambridge is scheduled to appear at the March 12, 2018 meeting of the Board.

2. William Kuster, LAC

License No. 86000144A

Administrative Cause No. 2016 BHSB 0020

Mr. Kuster appeared before the Board, as requested, regarding his ongoing probationary status. Mr. Kuster reported he had a relapse approximately thirty (30) days ago. He is not working at this time. He was suspended by his employer, Home with Hope. Mr. Kuster stated he has joined a church ministry for outreach to the addicted population and is providing pro bono work to individuals with the Home for Hope. Mr. Kuster also reported that there has been a change in his medications. Mr. Kuster is still seeing Mr. Conway weekly and stated he has a meeting with him today. Mr. Kuster stated he is not seeing clients clinically at this time. Mr. Kuster is scheduled to appear at the March 12, 2018 meeting of the Board.

3. David Moore, LCSW

License No. 34007612A

Administrative Cause No. 2016 BHSB 0015

Mr. Moore appeared before the Board, as requested, regarding his ongoing probationary status. Mr. Moore reported there have been no changes since his last personal appearance. Mr. Moore stated that he has completed all requirements of his probationary order. Mr. Moore indicated that he is doing training in clinical supervision social work training, which he feels has helped him in his role as a social worker supervisor. Mr. Moore stated that he feels really good about himself and the path he is on. Really likes his job and would like to teach a class in sociology before beginning a doctoral program in social work. Mr. Moore is eligible to request withdrawal of probation after April 14, 2018. Mr. Moore is scheduled to appear at the March 12, 2018 meeting of the Board.

4. Nancy Russell, LMHCA

License No. 88000360A

Administrative Cause No. 2017 BHSB 0010

Ms. Russell did not appear before the Board, as requested, regarding her ongoing probationary status. Ms. Russell has not submitted anything required by her Order and is in complete non-compliance. The Board requested Ms. Vaught to schedule her to appear at the January 22, 2018 meeting of the Board.

Board action: A motion was made and seconded to issue an Order to Show Cause in the matter of Ms. Russell’s mental health counselor associate license for noncompliance of the probationary terms

RICHARDSON/RIGGS

Motion carried 7-0-0

*Drs. Stockton and Gaff-Clark were not present for the vote

5. Beth Sesit-Burnett, LCSW

License No. 34007289A

Administrative Cause No. 2016 BHSB 0025

Ms. Sesit-Burnett appeared before the Board, as requested, regarding her ongoing probationary status. Ms. Sesit-Burnett reported that she completed the psychiatric evaluation on October 24, 2017, but the psychiatrist has not completed the final report as of yet. Ms. Sesit-Burnett indicated she is still seeing a counselor. Ms. Sesit-Burnett stated she has completed an ethics course that consisted of looking at boundaries and digital correspondence and EMDR training for trauma. Ms. Sesit-Burnett is scheduled to appear at the March 12, 2018 meeting of the Board.

6. David S. Stombaugh, LMFT, LCSW

License Nos. 35000993A, 34002420A

Administrative Cause No. 2016 BHSB 0023

Mr. Stombaugh appeared before the Board, as requested, regarding his ongoing probationary status. Mr. Stombaugh reported that he has completed a six (6) hour course in ethics and he has procured an individual psychotherapist, Thomas Garth-Minton, and will continue to see him for psychotherapy. Mr. Stombaugh stated that he provided a copy of his probationary order to his supervisor for signature, but she refused to sign the Order based on an opinion by Eskanazi’s legal counsel indicating she could not sign his Order. The Board indicated they have never had an issue where a licensee on probation was not able to get their employing supervisor to sign a Probationary Order.

B. Renewal

There were no renewal appearances before the Board.

C. Reinstatement

There were no reinstatement appearances before the Board.

D. Applications

1. Darius Lyn Brannon (LAC)

Mr. Brannon appeared before the Board, as requested, regarding his application for addiction counselor licensure by reciprocity. Mr. Brannon answered affirmatively to the question on the application for licensure that asks “Except for minor violations of traffic laws resulting in fines, and arrests or convictions that have been expunged by a court, have you ever been arrested; have you ever entered into a prosecutorial diversion or deferment agreement regarding any offense, misdemeanor, or felony in any state; have you ever been convicted of any offense, misdemeanor, or felony in any state; have you ever pled guilty to any offense, misdemeanor, or felony in any state; or have you ever pled nolo contendere to any offense, misdemeanor, or felony in any state?” Mr. Brannon explained that he has had several OWI convictions and two (2) other misdemeanor convictions in Ohio from 2003. Mr. Brannon indicated the most recent conviction was in Lake County, Indiana in 2013. Due to his issues he lost a career in law enforcement. Mr. Brannon completed an intensive program at the Salvation Army ARC in Gary, Indiana. After completing the program, he was hired as the Intake Coordinator. Mr. Brannon reported that he has been sober for five (5) years. He attends AA and has a sponsor and is currently employed with the state of Indiana.

Board action: A motion was made and seconded to approve Mr. Brannon’s addiction counselor licensure application by reciprocity.

BRENNER/GAFF-CLARK

Motion carried 7-0-0

*Ms. Eitel was not present for the vote

2. Heather Henley (LMHC)

Ms. Henley appeared before the Board, as requested, regarding her application for mental health counselor licensure. Ms. Henley did not answer affirmatively to any questions on the application for licensure. However, an arrest was found. Ms. Henley explained that on November 22, 2014, she was arrested and charged with Operating a Motor Vehicle While Suspended. Upon completion of court requirements, the case was dismissed on May 26, 2015. Ms. Henley has taken and failed the NBCC NCMHCE examination on four (4) occasions. Ms. Henley was not asked to appear for approval of the fourth attempt. This is now her fifth attempt at the examination.

Board action: A motion was made and seconded to approve Ms. Henley’s positive response and to grant Ms. Henley permission to take the NBCC NCMHCE examination for the fifth time.

RICHARDSON/STOCKTON

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

3. Nathaniel Reid Hickman (LMHC)

Mr. Hickman did not appear before the Board, as requested, regarding his application for mental health counselor licensure by examination. Mr. Richardson reviewed and approved the application file. However, Mr. Richardson would still like for Mr. Hickman to make a personal appearance before the Board to discuss the positive response disclosed on his application. Mr. Richardson requested Ms. Vaught to schedule Mr. Hickman to personally appear at the January 22, 2018 meeting of the Board.

4. Quinton Holland (LMHC)

Mr. Holland appeared before the Board, as requested, regarding his application for mental health counselor licensure. Mr. Holland did not answer affirmatively to any questions on the application for licensure, but there was a record found. Mr. Holland explained that in 2012, he was issued a citation he failed to pay. In 2014, he was pulled over for a headlight violation and arrested due to driving on a suspended license. The charge was dismissed on December 5, 2016. Also, Mr. Richardson reviewed the file and indicated he needs to have the university complete Forms P, I, and AI for his Practicum, Internship and Advanced Internship to show he has completed 100 hours of supervision.

Board action: A motion was made and seconded to approve Mr. Holland’s positive response and to grant Mr. Holland permission to take the NBCC NCMHCE examination upon submission of Forms P, I, and AI showing 100 hours of supervision.

RICHARDSON/RIGGS

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

Board action: The requested documentation was received, reviewed and approved. A motion was made and seconded to grant Mr. Holland permission to take the NBCC NCMHCE examination.

RICHARDSON/STOCKTON

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

5. Moses Kelly (LSW)

Mr. Kelly appeared before the Board, as requested, regarding his application for social work license. Mr. Kelly answered affirmatively to the question on the application that asks “Except for minor violations of traffic laws resulting in fines, and arrests or convictions that have been expunged by a court, have you ever been arrested; have you ever entered into a prosecutorial diversion or deferment agreement regarding any offense, misdemeanor, or felony in any state; have you ever been convicted of any offense, misdemeanor, or felony in any state; have you ever pled guilty to any offense, misdemeanor, or felony in any state; or have you ever pled nolo contendere to any offense, misdemeanor, or felony in any state?” Mr Kelly explained that he has had several arrests/convictions from the period of 1981-1997. The final charge occurred on November 11, 1997 for a Violation of the Uniform Controlled Substances Act (VUCSA) in King County, Washington and was dismissed on November 11, 1997.

Board action: A motion was made and seconded to approve Mr. Kelly’s positive response and to grant Mr. Kelly permission to take the ASWB Master level examination.

VIEHWEG/BRENNER

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

6. Julie Ann LaCreta (LACA)

Ms. LaCreta appeared before the Board, as requested, regarding her application for addiction counselor associate licensure. Ms. LaCreta answered affirmatively to the question on the application that asks “Do you have any condition or impairment (including a history of alcohol or substance abuse) that currently interferes, or if left untreated may interfere, with your ability to practice in a competent and professional manner?” Ms. LaCreta explained that today, November 27, 2017, is the date of her 10th year of sobriety. Ms. LaCreta stated that she wanted to be fully honest with the Board in that she has had a previous alcohol addiction. Ms. LaCreta stated that she is still active in Alcoholics Anonymous and feels that she has the skills to practice.

Board action: A motion was made and seconded to approve Ms. LaCreta’s positive response and to grant Ms. LaCreta permission to take the IC & RC examination.

GAFF-CLARK/BRENNER

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

7. Kimberly J. Larsen (LAC)

Ms. Larsen appeared before the Board, as requested, regarding her application for addiction counselor licensure. Ms. Larsen answered affirmatively to the question on the application that asks “Except for minor violations of traffic laws resulting in fines, and arrests or convictions that have been expunged by a court, have you ever been arrested; have you ever entered into a prosecutorial diversion or deferment agreement regarding any offense, misdemeanor, or felony in any state; have you ever been convicted of any offense, misdemeanor, or felony in any state; have you ever pled guilty to any offense, misdemeanor, or felony in any state; or have you ever pled nolo contendere to any offense, misdemeanor, or felony in any state?” Ms. Larsen explained that on October 31, 2001, she was arrested and charged with Check Deception, a Class A Misdemeanor in Fulton County, Indiana. Ms. Larsen pled guilty and successfully completed one (1) year of probation and paid all fines and restitution.

Board action: A motion was made and seconded to approve Ms. Larsen’s positive response and to approve Ms. Larsen’s application for addiction counselor licensure.

GAFF-CLARK/BRENNER

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

8. Felix McGee (LBSW)

Mr. McGee appeared before the Board, as requested, regarding his application for bachelor level social work licensure by exemption of the examination. Mr. McGee answered affirmatively to the question on the application for licensure that asks “Except for minor violations of traffic laws resulting in fines, and arrests or convictions that have been expunged by a court, have you ever been arrested; have you ever entered into a prosecutorial diversion or deferment agreement regarding any offense, misdemeanor, or felony in any state; have you ever been convicted of any offense, misdemeanor, or felony in any state; have you ever pled guilty to any offense, misdemeanor, or felony in any state; or have you ever pled nolo contendere to any offense, misdemeanor, or felony in any state?” Mr. McGee explained that on June 11, 2009, he was arrested and charged with Driving on a Suspended License, Allow Unlawful Use of License. The charge was terminated on December 7, 2009 upon presenting in court and paying fines.

Board action: A motion was made and seconded to approve Mr. McGee’s application for bachelor level social work licensure by exemption of the examination.

VIEHWEG/BRENNER

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

9. Kristina Marie Oleksiak (LSW)

Ms. Oleksiak appeared before the Board, at her request, to discuss her application for social work licensure by examination. Ms. Oleksiak explained that she has had a stroke recently and would like to request a special accommodation from the Board to take the ASWB Master level examination. Ms. Hollcraft requested that Ms. Oleksiak submit the paperwork for the special accommodation directly to her and she would forward it to the ASWB granting approval for a private room and time and one-half to take the examination.

10. Susan D. Rhule (LSW)

Ms. Rhule did not appear before the Board, as requested, regarding her application for social work licensure by examination. Ms. Rhule will be scheduled to appear at the January 22, 2018 meeting of the Board.

11. Megan Catherine Riedeman (LMHCA)

Ms. Riedeman did not appear before the Board, as requested, regarding her application for social work licensure by examination. Ms. Riedeman will be scheduled to appear at the January 22, 2018 meeting of the Board.

12. Nicholas J. Svetlauskas (LAC)

Mr. Svetlauskas appeared before the Board, as requested, regarding his application for addiction counselor licensure by endorsement. Mr. Svetlauskas answered affirmatively to the question on the application that asks “Except for minor violations of traffic laws resulting in fines, and arrests or convictions that have been expunged by a court, have you ever been arrested; have you ever entered into a prosecutorial diversion or deferment agreement regarding any offense, misdemeanor, or felony in any state; have you ever been convicted of any offense, misdemeanor, or felony in any state; have you ever pled guilty to any offense, misdemeanor, or felony in any state; or have you ever pled nolo contendere to any offense, misdemeanor, or felony in any state?” Mr. Svetlauskas explained that in the summer of 2000, he committed and was convicted of Intimidate Witness/Victim use of Force, an unclassified Felony, in Wisconsin. Mr. Svetlauskas stated that he and another person physically attacked a witness in his friends’ drug case so he would not testify against the individual. Mr. Svetlauskas indicated that he completed all court requirements and has sought treatment for his addiction issue. Mr. Svetlauskas is currently licensed as a clinical substance abuse counselor in Wisconsin.

Board action: A motion was made and seconded to approve Mr. Svetlauskas’ positive response and to grant Mr. Svetlauskas an addiction counselor license.

BRENNER/GAFF-CLARK

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

13. Nicole E. Navarra (LMFTA)

Ms. Navarra appeared before the Board, as requested, regarding her application for marriage and family therapy associate licensure by examination. Ms. Navarra did not answer affirmatively to any questions on the application, but, a record was found on her criminal background check. Ms. Navarra explained that she was arrested and charged with Minor Consumption in Morgan County, Indiana in 2014. Ms. Navarra stated that she completed the application with her supervisor who advised her to answer ‘no’ to the question on the application that asks “Except for minor violations of traffic laws resulting in fines, and arrests or convictions that have been expunged by a court, have you ever been arrested; have you ever entered into a prosecutorial diversion or deferment agreement regarding any offense, misdemeanor, or felony in any state; have you ever been convicted of any offense, misdemeanor, or felony in any state; have you ever pled guilty to any offense, misdemeanor, or felony in any state; or have you ever pled nolo contendere to any offense, misdemeanor, or felony in any state?” Ms. Navarra explained that on April 20, 2012, she was charged with Public Intoxication in Monroe County, Indiana. Ms. Navarra entered into a pre-trial diversion program, completed all court requirements, and the charge was dismissed on April 22, 2012.

Board action: A motion was made and seconded to approve Ms. Navarra’s positive response and to grant Ms. Navarra permission to take the AFMTRB MFT examination.

RIGGS/GAFF-CLARK

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

E. Examination Attempts

1. Paul W. Alvey (LMHC)

Mr. Alvey appeared before the Board, as requested, regarding his request to take the NBCC NCMHCE examination for the fourth time. Mr. Alvey explained that he has been studying and has just not been successful. The Board recommended he contact the Indiana Counselor Association to obtain study material for the examination.

Board action: A motion was made and seconded to grant Mr. Alvey permission to take the NBCC NCMHCE examination for the fourth time.

RICHARDSON/STOCKTON

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

2. Sylvia I. Fernandez (LCSW)

Ms. Fernandez appeared at the October 30, 2017 meeting of the Board.

3. Crystal P. Kelly (LMHC)

Ms. Kelly appeared before the Board, as requested, regarding her request to take the NBCC NCMHCE examination for the fourth time. Ms. Kelly explained that she has been studying and has just not been successful. The Board recommended she contact the Indiana Counselor Association to obtain study material for the examination.  

Board action:  A motion was made and seconded to grant Ms. Kelly permission to take the NBCC NCMHCE examination for the fourth time.

RICHARDSON/STOCKTON

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

Carmen M. Marte (LCSW)

Ms. Marte did not appear before the Board, as requested, regarding her request to take the ASWB Clinical level examination for the fourth time. Ms. Marte stated she has taken Sophia Dziegielewski’s preparatory course and has even gone back and taken a DSM-V course at Indiana Wesleyan University. Ms. Marte feels that individuals that are in the field too long try to over analyze the examination. The Board suggested she do some mindful exercises and join a study group at IUPUI with the social work students.

Board action: A motion was made and seconded to grant Ms. Marte permission to attempt the ASWB Clinical level examination for the fourth time.

VIEHWEG/RIGGS

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

4. Shamikki Shipp (LCSW)

Ms. appeared before the Board, as requested, regarding her request to attempt the ASWB Clinical level examination for the fourth time. Ms. Shipp stated that she was too confident and didn’t need to study for the examination, but now realizes she needs to gain more experience in taking the examination itself. Ms. Shipp explained that she has completed Dr. Sophia Dziegielewski’s preparatory course.

Board action: A motion was made and seconded grant Ms. Shipp permission to attempt the ASWB Clinical level examination for the fourth time.

VIEHWEG/BRENNER

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

5. Bobbie Silvas (LCSW)

Ms. appeared before the Board, as requested, regarding her request to attempt the ASWB Clinical level examination for the fourth time. Ms. Silvas stated that she has always struggled with test taking. Ms. Silvas explained that she has completed Dr. Sophia Dziegielewski’s preparatory course and the ASWB practice examination. The Board recommended she be evaluated to see if she may qualify for a special accommodation.

Board action: A motion was made and seconded to grant Ms. Silvas permission to take the ASWB Clinical level examination for the fourth time.

VIEHWEG/GAFF-CLARK

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

6. Mukhabbat Yusupova (LMHC)

Ms. Yusupova appeared before the Board, as requested, regarding her request to attempt the NBCC NCMHCE examination for the fourth time. Ms. Yusupova explained that although she speaks fluent English, English is not her first language and it takes more time to translate in her mind from English to her native language and back to be able to complete the examination. The Board recommended that she request the English as a second language (ESL) accommodation even though she speaks fluent English.

Board action: A motion was made and seconded to grant Ms. Yusupova approval to take the NBCC NCMHCE examination for the fourth time and to approve her request for the ESL accommodation.

RICHARDSON/RIGGS

Motion carried 7-0-0

* Ms. Eitel was not present for the vote

V. ADMINISTRATIVE HEARINGS

A. Mary Beth Mahan, L.M.H.C., L.C.A.C.

License Nos. 39000759A and 87001345A

Administrative Cause No. 2017 BHSB 0009

Re: Request to Withdraw Probation

The hearing in this matter was continued until January 22, 2018.

B. State of Indiana v. Stuart D. Hall, L.M.H.C., License No. 39002206

Administrative Cause No. 2017 BHSB 0016

Re: Administrative Complaint and Proposed Settlement Agreement

Parties Present:

Respondent was not present, nor represented by Counsel

Amanda Elizondo, Deputy Attorney General for the State of Indiana

Lindy Myer, Court Reporter, Daniels Reporting Co.

Participating Board Members:

Dr. Osborn, Ph.D. (Hearing Officer)

Mr. Richardson

Dr. Riggs, Ph.D.

Dr. Stockton, Ph.D.

Dr. Gaff-Clark, Ed.D.

Mr. Brenner

Mr. Viehweg

Ms. Eitel, RN

Case Summary: On or around August 31, 2017, the State filed an Administrative Complaint alleging Respondent had violated Ind. Code 25-1-9-4(a)(3)(A) in that Respondent has continued to practice although Respondent has become unfit to practice due to incompetence as evidenced by Respondent’s violation of 839 IAC 1-5-5(4), which states that the mental health counselor respects the rights and responsibilities of professional colleagues, and as the employer of the organization, remains accountable as an individual to the ethical principles of the profession, treating colleagues with respect and good faith; and has violated Ind. Code 25-1-9-4(a)(4)(A) in that Respondent has continued to practice although Respondent has become unfit to practice due to incompetence as evidenced by Respondent’s violation of 839 IAC 1-5-5(5), which states that a mental health counselor shall respect the client’s right to know the results, the interpretations, and the basis for any conclusions and recommendations. The State entered a Proposed Settlement Agreement signed by Respondent that would place Respondent’s mental health counselor license on Indefinite Probation with the following terms and conditions:

• Respondent’s probation shall be no less than one (1) year from the date of the Board’s Final Order.

• Respondent shall personally appear before the Board once every six (6) months to update the Board about his professional activities, unless otherwise waived by the Board.

• Respondent shall have a practitioner licensed by the Board act as a preceptor to provide clinical supervision for Respondent.

• Respondent shall cause the preceptor to submit quarterly reports to the Board.

• Respondent shall complete at least a total of twenty (20) hours of formal continuing education units on the subjects of ethics and/or documentation, and Respondent shall be given three (3) hours credit for the CEU entitled “Ethics 4D – When Insurance and State Contracts are Paying the Bill – The Ethics of Treatment Documentation and Other Ethical Dilemmas” that he completed on October 28, 2017.

• Respondent shall complete the Jurisprudence Examination and submit proof of completion to the Board.

• Respondent shall keep the Board informed of his residential address and telephone number at all times.

• Respondent shall not violate any statutes or rules regulating the practice of mental health counseling.

• Respondent shall, within ninety (90) days of the Board’s Order, pay a fee of five dollars ($5.00) to be deposited into the Health Records and Personal Identifying Information Protection Trust Fund.

Board action: A motion was made and seconded to accept the Proposed Settlement Agreement in the matter of Mr. Hall’s mental health counselor license.

VIEHWEG/RICHARDSON

Motion carried 7-1-0

*Dr. Stockton opposed

Dr. Osborn   Yes

  Mr. Richardson   Yes

  Dr. Riggs   Yes

  Dr. Stockton   No

Dr. Gaff-Clark   Yes

  Mr. Brenner   Yes

  Mr. Viehweg   Yes

Ms. Eitel   Yes

C. State of Indiana v. Mark E. Smith, L.C.S.W., License No. 34001845A

Administrative Cause No. 2016 BHSB 0029

Re: Administrative Complaint and Proposed Settlement Agreement

Parties Present:

Respondent was not present, but was represented by Christy McManes, Attorney

Zanna Claire Dyer, Deputy Attorney General for the State of Indiana

Lindy Myer, Court Reporter, Daniels Reporting Co.

Participating Board Members:

Dr. Osborn, Ph.D. (Hearing Officer)

Mr. Richardson

Dr. Riggs, Ph.D.

Dr. Stockton, Ph.D.

Dr. Gaff-Clark, Ed.D.

Mr. Brenner

Mr. Viehweg

Ms. Eitel, RN

Case Summary: On or around December 22, 2016, the State filed an Administrative Complaint alleging Respondent has violated Ind. Code 25-1-9-4(a)(3) in that Respondent violated a state statute or rule regulating the profession, in that, Respondent failed to comply with 839 IAC 1-3-4(b), as Respondent failed to act within the generally accepted ethical principles and guidelines of the profession, when he engaged in a dual relationship with a client by soliciting and then hiring the client into his practice during the period of time Respondent was providing marriage counseling to the client/employee and her spouse; has violated Ind. Code 25-1-9-4(a)(3) in that, Respondent violated a state statute or rule regulating the profession, in that, Respondent failed to comply with 839 IAC 1-3-4(b)(6), as Respondent failed to act within the generally accepted ethical principles and guidelines of the profession and the National Association of Social Workers Code of Ethics and Ethical Responsibilities (NASW) 1.06, when he sent an email to approximately 600 or more email address of former and current clients of his practice as well as business associates for his personal gain by requesting that the recipients of the email file complaints against the co-worker who had an affair with Respondent’s fiancé and referencing the affair and sexual addiction in the email; has violated Ind. Code 25-1-9-4(a)(3), in that Respondent has violated 839 IAC 1-3-4(b) and NASW 3.01 and NASW 5.01, when Respondent employing and/or supervising persons who did not possess active licenses issued by the Board to provide counseling services in Indiana; has violated Ind. Code 25-1-9-4(a)(13), in that Respondent assisted several persons in committing acts of practicing without valid Indiana licenses which would be grounds for disciplinary action by the Board; and has violated Ind. Code 25-1-9-4(a)(4)(B), in that Respondent failed to keep abreast of current theory and professional practice when he continued to work, although Respondent was unfit to work, and provided counseling services during the period of April 26, 2017 through May 22, 2015. On or around November 3, 2017, the State filed a Proposed Settlement Agreement signed by Respondent that would place Respondent’s clinical social work license on Indefinite Probation with the following terms and conditions:

• Respondent’s probation shall be no less than eighteen (18) months from the date of the Board’s Final Order.

• Respondent shall keep the Board informed of his residential address and telephone number at all times.

• Respondent shall keep the Board informed of his employer(s) name, address and telephone number at all times.

• Respondent’s practice shall be supervised by a practitioner who is approved by the Board and holds a current license issued by the Board. The supervisor shall submit supervisor reports once every six (6) months to the Board.

• Respondent shall make personal appearances once every six (6) months before the Board to discuss his professional competency and ability to practice.

• Respondent shall obtain a psychological evaluation which includes an evaluation for fitness for duty by a psychologist HSPP approved by the Board. Respondent shall provide the evaluation to the Board and follow any recommendations made by the HSPP in the evaluation report.

• Respondent shall complete and submit proof of completion of twenty (20) units of continuing education in professional boundaries and/or ethics to be completed in-person and not online.

• Respondent shall, prior to petitioning for the withdrawal of probation, pay a fee of five dollars ($5.00) to be deposited into the Health Records and Personal Identifying Information Protection Trust Fund.

• Respondent has agreed to review Frederic G. Reamer’s “Boundary Issues and Dual Relationships in the Human Services.” Respondent is aware that the Board may ask questions regarding the material during his personal appearances before the Board.

Board action: A motion was made and seconded to accept the Proposed Settlement Agreement in the matter of Mr. Smith’s clinical social work license.

VIEHWEG/RICHARDSON

Motion carried 8-0-0

Dr. Osborn   Yes

  Mr. Richardson   Yes

  Dr. Riggs   Yes

  Dr. Stockton   Yes

Dr. Gaff-Clark   Yes

  Mr. Brenner   Yes

  Mr. Viehweg   Yes

Ms. Eitel   Yes

D. State of Indiana v. Terry Lee Yeiter, L.A.C., License No. 86000212A

Administrative Cause No. 2017 BHSB 0012

Re: Administrative Complaint

The hearing in the matter of Mr. Yeiter was continued until January 22, 2018.

VI. SETTLEMENT AGREEMENT

There were no Settlement Agreements before the Board.

VII. NOTICE OF PROPOSED DEFAULT

There were no Notices of Proposed Default before the Board.

VIII. DISCUSSION

A. Addictions Licensure

The Board discussed the issue of the unlicensed practice of addictions counseling. Ms. Sembroski referred to Ind. Code 25-23.6-10.1-2 and 3 regarding the exemptions of licensure specific to addictions. The board would like for letters to be sent to each state association with the information to include who is required to obtain licensure.

B. Report from Dr. Osborn

Dr. Osborn reported to the Board regarding the meeting that he, Mr. Brenner, and Dr. Gaff-Clark attended with the Governor. Dr. Osborn addressed the media misrepresentation of the Board itself, reciprocal licensure, the amount of work the staff at IPLA is responsible for regarding the Behavioral Health and Human Services Licensing Board and other concerns regarding licensure.

C. Temporary Associate Licenses

The Board discussed the need for temporary permits for associate licensure.

X. APPLICATION REVIEW

There were no applications reviewed by the full Board.

XI. PROBATION REVIEW

There were no probation files reviewed by the Board.

XII. FORMAL ADOPTION OF APPLICATION REVIEWS

A motion was made and seconded to approve the recommendations made by each section of the Board for the licensure application reviews conducted from 8:00 a.m. to 9:00 a.m., and at any other time since the previous board meeting.

BRENNER/RIGGS

Motion carried 8-0-0

XIII. CONTINUING EDUCATION SPONSOR APPLICATION REVIEW

1. North Node Wellness, Inc.

2. Choices! Counseling Services

The Board reviewed the applications for North Node Wellness and Choices! Counseling Services to become Category I continuing education providers. Mr. Viehweg indicated both need to provide more information before they can be approved.

Board action: A motion was made and seconded to not approve North Node Wellness, Inc. or Choices! Counseling Services at this time and to request Ms. Hollcraft to reach out to both to gather more information.

VIEHWEG/RICHARDSON

Motion carried 8-0-0

XVI. OLD/NEW BUSINESS

- Ms. Vaught reported that the license renewal reminders will be sent out December 7, 2017 by email. Paper notices will go out the following week to those individuals that do not have an email address on file with IPLA.

- Ms. Vaught stated the Board has lost the Judicial Review case in the matter of Jenna Thomas.

XV. ADMINISTRATOR’S REPORT

XVI. ADJOURNMENT

There being no further business, and having completed its duties, the meeting of the Behavioral Health and Human Services Licensing Board adjourned at 2:30 p.m. by general consensus.

__________________________________ ______________________

Donald Osborn, Board Chair Date

__________________________________ _______________________

Stephan Viehweg, Board Vice-Chair Date

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