IDAHO BOARD OF SOCIAL WORK EXAMINERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 4/7/2008

 

THIS IS A DRAFT DOCUMENT THAT HAS NOT BEEN APPROVED BY THE

BOARD

 

 

BOARD MEMBERS PRESENT:  Robert Payne - Chair

                                                             Carolyn Burt-Patterson

                                                             Christiane Elise Magera

                                                             Cheryl R Jurgens

                                                             Kristopher L Walton

                                                             Dorothy Ring

 

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Budd Hetrick, Deputy Bureau Chief

                                                            Dawn Hall, Deputy Bureau Chief

                                                            Roger Hales, Administrative Attorney

                                                            Emily Mac Master, Deputy Attorney General

                                                            James Hotchkiss, Hearing/Appeals Technician

                                                            Cherie Simpson, Management Assistant

                                                            Marcie McGinty, Investigations Coordinator

                                                            Marilyn London, Technical Records Specialist

 

OTHERS PRESENT:                     Julie Graham, Applicant

                                                            Michelle Mendieta Valdez, Applicant

                                                            Dr. Daniel Harkness, Professor

                                   

Meeting was called to order by Board Chair Robert Payne at 9:00 a.m. M.S.T.

 

 

APPROVAL OF MINUTES

 

The Board reviewed the November 8, 2006 Board meeting minutes. Moved by Ms. Jurgens to approve the November 8, 2006 minutes. Seconded by Ms. Ring, motion carried.

 

The Board reviewed the December 3, 2007 Board meeting minutes. Correction was noted. Moved by Ms. Jurgens to approve the December 3, 2007 as corrected. Seconded by Ms. Burt-Patterson, motion carried.

 

The Board reviewed the February 19, 2008 conference call minutes. Correction was noted. Moved by Ms. Jurgens to approve the minutes as corrected. Seconded by Ms. Burt-Patterson, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory reported that the proposed rules were approved and are now in effect. The law change was approved and will go into effect July 1, 2008.

 

STIPULATION AND CONSENT ORDER

 

Ms. Mac Master presented a Stipulation and Consent Order for case number SWO-2008-1.  Moved by Ms. Jurgens that the Board accept the Stipulation and Consent Order for case number SWO-2008-1 as written and authorize the chair to sign on behalf of the Board. Seconded by Ms. Ring, motion carried.

 

RECOMMENDED ACTION ON DISCIPLINARY COMPLAINTS

 

Ms. Mac Master presented disciplinary cases for recommended action from the Board.

 

The Board reviewed case SWO-2004-8. Moved by Ms. Jurgens that the Board close the file on case SWO-2004-8. Seconded by Ms. Magera, motion carried.

 

The Board reviewed case SWO-2007-11. Moved by Ms. Jurgens that the Board accept the recommendations of the Attorney General’s office and send a warning letter. Seconded by Ms. Magera, motion carried.

 

EXECUTIVE SESSION

 

Moved by Ms. Magera that the Board enter executive session to review an application exempt from public disclosure, per Idaho Code 67-2345(1) (d). Seconded by Ms. Burt-Patterson, motion carried. Individual vote for this motion were: Ms. Jurgens, aye; Ms. Burt-Patterson, aye; Ms. Magera, aye; Ms. Ring, aye; and Mr. Walton, aye.

 

Moved by Ms. Magera that the Board enter regular session. Seconded by Ms. Burt-Patterson, motion carried. Individual vote for this motion were: Ms. Jurgens, aye; Ms. Burt-Patterson, aye; Ms. Magera, aye; and Ms. Ring, aye.

 

Moved by Ms. Magera that the Board approve the application of Julie Graham for the bachelor-level examination. Seconded by Ms. Ring, motion carried.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report which indicates a balance of $35,096.72 as of March 31, 2008. The Bureau will monitor the financial status of the Board and bring back a recommendation to increase fees when it is necessary.

 

INVESTIGATIVE REPORT

 

For Board Determination:

 

Mr. Hotchkiss presented the following complaint cases for Board determination:

 

Case number I-SWO-2003-10: Following review it, was moved by Ms. Jurgens to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Magera, motion carried.

 

Case number I-SWO-2004-22: Following review it, was moved by Ms. Magera to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

Case number I-SWO-2004-32: Following review it, was moved by Ms. Jurgens to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Magera, motion carried.

 

Case number I-SWO-2004-34: Following review it, was moved by Ms. Jurgens to accept the Bureau’s recommendation and authorize closure. Seconded by Mr. Walton, motion carried.

 

Case number I-SWO-2004-35: Following review it, was moved by Ms. Ring to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Jurgens, motion carried.

 

Case number I-SWO-2005-1: Following review it, was moved by Ms. Jurgens to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

Case number I-SWO-2005-2: Following review, it was moved by Ms. Jurgens to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

Case number I-SWO-2005-3: Following review, it was moved by Ms. Jurgens to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

Case number I-SWO-2005-9: Following review, it was moved by Ms. Jurgens to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Ring, motion carried.

 

Case number I-SWO-2005-13: Following review, it was moved by Ms. Ring to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

Case number I-SWO-2005-27: Following review, it was moved by Ms. Ring to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

Case number I-SWO-2006-6: Following review, it was moved by Ms. Burt-Patterson to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Magera. Individual vote for this motion were: Ms. Burt-Patterson, aye; Ms. Magera, aye; Ms. Ring, nay; Ms. Jurgens, nay. Not having a clear vote, Ms. Burt-Patterson rescinded the motion. Further discussion took place on the case with questions being answered by the Investigative Staff. Moved by Ms. Burt-Patterson to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Magera, motion carried.

 

Case number I-SWO-2006-2: Following review it, was moved by Ms. Burt-Patterson to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Magera, motion carried.

 

Case number I-SWO-2006-26: Following review it, was moved by Ms. Jurgens to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

Case number I-SWO-2006-32: Following review it, was moved by Ms. Burt-Patterson to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Magera, motion carried.

 

Case number I-SWO-2007-3: Following review it, was moved by Ms. Magera to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Ring, motion carried.

 

Case number I-SWO-2007-7: Following review it, was moved by Ms. Jurgens to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

Case number I-SWO-2007-11: Following review it was moved by Mr. Walton to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

Case number I-SWO-2007-14: Following review it, was moved by Mr. Walton to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Ring. Ms. Burt-Patterson amended the motion to include sending a warning letter. Amended motion carried.

 

Case number I-SWO-2008-1: Following review it, was moved by Ms. Magera to accept the Bureau’s recommendation and authorize closure. Seconded by Ms. Burt-Patterson, motion carried.

 

Case number I-SWO-2008-9: Following review it, was moved by Ms. Magera to accept the Bureau’s recommendation and authorize closure with a warning letter sent to respondent. Seconded by Ms. Ring, motion carried.

 

Case number I-SWO-2008-28: Following review it, was moved by Ms. Jurgens to accept the Bureau’s recommendation and authorize closure. Seconded by Mr. Walton, motion carried.

 

EXECUTIVE SESSION

 

Moved by Ms. Jurgens that the Board enter executive session to review an application exempt from public disclosure, per Idaho Code 67-2345(1) (d). Seconded by Ms. Magera, motion carried. Individual vote for this motion were: Ms. Jurgens, aye; Ms. Burt-Patterson, aye; Ms. Magera, aye; Ms. Ring, aye; and Mr. Walton, aye.

 

Moved by Ms. Magera that the Board enter regular session. Seconded by Ms. Ring, motion carried. Individual vote for this motion were: Ms. Jurgens, aye; Ms. Burt-Patterson, aye; Ms. Magera, aye; and Ms. Ring, aye.

 

Moved by Ms. Ring that the Board approve the application of Michele Mendieta Valdez to take the bachelor-level exam. Seconded by Ms. Jurgens, motion carried.

 

FOLLOW-UP

 

Ms. McGinty presented information and reviewed the details with the Board on a request from Janice Andrews to reinstate her social work license. Moved by Ms. Burt-Patterson that the Board reinstate Ms. Andrews’s social work license. Seconded by Ms. Jurgens, motion carried.

 

Ms. McGinty presented information on Marilyn Sear’s request to have the Board consider approving Robert Condon as her supervisor for her probation period.  Moved by Ms. Jurgens that the Board approve Mr. Condon to supervise Marilyn Sears for her probation period. Seconded by Mr. Walton, motion carried.

 

LUNCH

 

The Board broke for lunch at 12:00 noon and reconvened at 1:00 p.m.

 

OLD BUSINESS

 

The Board reviewed and discussed the endorsement rule and did not come to any conclusions about making changes.

 

The Board reviewed the related field requirements in the law and rules. The related field requirements are very restrictive the way they are written and it is almost impossible to meet the requirements. There are also many new bachelor- level social work programs available in Idaho for those that want to pursue a social work degree.           Moved by Ms. Jurgens that the Bureau draft language to delete the related field requirements from the social work law. Seconded by Ms. Magera, motion carried.

 

The Board discussed Rule 450.01(i) which states a social worker shall not engage in sexual acts with a client or with a person who has been a client within the past three (3) years. A social worker shall not provide social work services to a person with whom he/she has had a sexual relationship.  No decision was made to change it at this time.

 

The Board discussed the number of times an applicant can take the exam. The rules do not have a limit. No decision was reached to make a change in the rules.

 

The Board discussed raising the cap in the law and raising the application and renewal fees in the rules. The Bureau will take a look at this the end of the fiscal year and bring a report to the next Board meeting.

 

AMENDED ORDER

 

Mr. Hales presented an amended final order on Edward McCarroll. Moved by Ms. Burt-Patterson that the Board accept the amended final order on Edward McCarroll and allow the Chair to sign on behalf of the Board. Seconded by Ms. Magera, motion carried.

 

NEW BUSINESS

 

The new law will be in effect July 1, 2008 for the inactive status and there will need to be rules drafted. Moved by Ms. Jurgens that the Bureau direct Mr. Hales to draft language for a new rule for the inactive status. Seconded by Ms. Magera, motion carried.

 

Dr. Daniel Harkness addressed a letter to the Board for a legal opinion regarding questions surrounding social work professors and if they need to be licensed to call themselves social workers and to teach social work.  Moved by Ms. Jurgens to direct Mr. Hales to prepare a legal opinion and response based upon Dr. Harkness letter to the Board. Seconded by Ms. Magera, motion carried.

 

The Board reviewed a letter from Val Denton, social worker, requesting a waiver of the continuing education requirements for the renewal of his next license. Moved by Ms. Magera to deny the request of the waiver of the continuing education requirements for Val Denton. Seconded by Ms. Jurgens, motion carried.

 

EXECUTIVE SESSION

 

Moved by Ms. Jurgens to enter executive session to review applications and continuing education audits exempt from public disclosure, per Idaho Code 67-2345(1) (d). Seconded by Ms. Magera, motion carried. Individual vote for this motion were: Ms. Jurgens, aye; Ms. Burt-Patterson, aye; Ms. Magera, aye; Ms. Ring, aye; and Mr. Walton, aye.

 

Moved by Ms. Magera that the Board enter regular session. Seconded by Ms. Ring, motion carried. Individual vote for this motion were: Ms. Jurgens, aye; Ms. Burt-Patterson, aye; Ms. Magera, aye; and Ms. Ring, aye.

 

The Board discussed the next ASWB meeting that is scheduled May 15th – 18th, 2008 at Whitefish, Montana. Moved by Ms. Magera that the Board allow Ms. Burt-Patterson and Ms. Jurgens to attend the meeting and allow reimbursement of expenses within the guidelines of state policy. Seconded by Ms. Ring, motion carried.

 

Moved by Ms. Magera to enter executive session to continue to review applications and continuing education audits exempt from public disclosure, per Idaho Code 67-2345(1) (d). Seconded by Ms. Ring, motion carried. Individual vote for this motion were: Ms. Jurgens, aye; Ms. Burt-Patterson, aye; Ms. Magera, aye; Ms. Ring, aye; and Mr. Walton, aye.

 

Moved by Ms. Magera that the Board enter regular session. Seconded by Ms. Jurgens, motion carried. Individual vote for this motion were: Ms. Jurgens, aye; Ms. Burt-Patterson, aye; Ms. Magera, aye; Ms. Ring, aye; and Mr. Walton, aye.

 

NEXT MEETING

 

The next board meeting is scheduled for August 4, 2008 at 9:00 a.m. M.S.T.

 

ADJOURNMENT

 

Moved by Ms. Jurgens that the Board meeting adjourns at 4:25 p.m. M.S.T. Seconded by Ms. Ring, motion carried.