Oklahoma Board of Licensed Alcohol and Drug Counselors

Transcription

1 Oklahoma Board of Licensed Alcohol and Drug Counselors Minutes of the Meeting Monday, November 15, 2010 at 9:00 a.m. The Oklahoma Board of Licensed Alcohol and Drug Counselors met on November 15, 2010, in accordance with the Administrative Procedures Act and Open Meeting Act. The meeting was held at 101 NE 51 st Street, Oklahoma City, Oklahoma. Advance notice of this regularly scheduled meeting was transmitted to the Oklahoma Secretary of State on November 18, 2009 and the notice and agenda were posted in prominent public view on the front doors of the Oklahoma Medical Board building located at 101 NE 51 st St., Oklahoma City, OK on November 10, 2010 at 4:00 pm. The notice and agenda were posted on the OBLADC website on November 11, 2010 at 9:00 am. Members present were: Robert Stevens Jane Lepak Kyle McGraw Keith Killian James Patterson Patti Pojezny notified the office that she was unable to attend this meeting. Mr. Stevens called the meeting to order at 903 am and asked the audience to introduce themselves. Present were Ric Pierson-Executive Director, Cheryl Waite-Administrative Assistant, Libby Scott, Sandra Balzer, Irma Ponce, Dan Smalley, John Rudd, Larry Cassil, Daniel Gamino, Nicole Roberson, Gary Wood, Mark Attanasi-Executive Director of ODAPCA, Robert Kelson, Femi Somade, Gary Smith, Janay Smith, Cana Edwards, and Vicky Robinson Minutes of the September 20, 2010 meeting were reviewed. Mr. McGraw made a motion to approve the minutes. Ms. Lepak seconded the motion. A roll call vote was taken and recorded as follows: Complaint # was presented. Femi Somade has pled guilty to Medicaid fraud. Ms. Balzer distributed exhibits in this case to the board and questioned witnesses 915 Rhonda Cochran entered the Board room. Ms. Balzer presented the case. Mr. McGraw made a motion to go into executive session. Dr. Killian seconded the motion. A roll call vote was taken and recorded as follows: 1

2 1116 Ms. Cochran made a motion to reconvene. Mr. McGraw seconded the motion. A roll call vote was taken and recorded as follows: Mr. McGraw made a motion that the State showed clear and convincing evidence in this case. Ms. Cochran seconded the motion. A roll call vote was taken and recorded as follows: Mr. McGraw made a motion that based on any/all violations the board imposes the following: Five 5 year probationary period; Mr. Somade is not able to act as a Board Approved Supervisor during the probationary period; Impose a fine of Fifteen hundred dollars ($1500) to be paid within six (6) months; Six (6) hours of additional ethics training per year throughout the 5-year period; any standard terms of probation; Mr. Somade is to appear before the board two times per year throughout probationary period; and that he is supervised by a Board Approved Supervisor for the first year of his probation and report to Mr. Pierson. Ms. Lepak seconded the motion. A roll call vote was taken and recorded as follows: 1120 the board took a brief recess 1125 the board returned Complaint # Marvin Ray Brace is charged with practicing with an expired license. Mr. Brace was unable to attend. Ms. Balzer presented the complaint and asked the board whether they would accept consent order. Mr. Patterson asked Mr. Pierson to determine if any of the assessments were ADSAC assessments and if so, to report them to the appropriate authorities. Mr. McGraw made a motion to accept the consent order. Ms. Lepak seconded the motion. A roll call vote was taken and recorded as follows: 2

3 Ms. Scott left the board room and Ms. Balzer returned to her position as legal counsel to the board. Complaint # , John Rudd, LADC applicant has appeared to discuss voluntary surrender of ADSAC Assessor Certification continued from September board meeting. No further witnesses were available to provide additional information in this case. Mr. Rudd appeared with his attorney, Daniel Gamino. Mr. Patterson made a motion to allow Mr. Rudd to remain in the application process and that his application process include an additional 1-year of supervision along with 6 (six) additional Ethics CEUs and report back to the board on a semi-annual basis what has occurred in supervision and that his supervisor would also appear with him. Mr. McGraw seconded the motion. A roll call vote was taken and recorded as follows: Ms. Cochran -Abstain Complaint # Gary Smith, LADC applicant appeared and gave his quarterly report to the board. His information was accepted and he will report back at the March 2011 Board Meeting. Complaint # Irma Ponce appeared with her attorney, Mr. Cassil to review Compliance with Informal Disposition Agreement. Ms. Ponce is to return at the March 2011 board meeting. Cana Edwards, CADC candidate appeared requesting the board reconsider reinstating her void application. Ms. Lepak made a motion to allow applicant to reapply and accept all previous requirements. Mr. McGraw seconded the motion A roll call vote was taken and recorded as follows: Ms. Cochran -No Mr. Patterson -Abstain 1229 break for lunch 1305 return from lunch 1306 Mr. McGraw enters the board room. Complaint # Madalynn Young, LADC candidate has been practicing without a license or supervisor. Dr. Killian made a motion to deny her application. Mr. Patterson seconded the motion. A roll call vote was taken and recorded as follows: 3

4 Mr. McGraw -No Mr. Pierson presented request from Harold Blevins to reinstate his voided application. Dr. Killian made a motion to allow Mr. Blevins to re-apply. Mr. McGraw seconded the motion. A roll call vote was taken and recorded as follows: Ms. Cochran -No Mr. Patterson -No Mr. Pierson presented a request from Emma Lou Derrick, LADC who wrote a book and wishes to use her research on said book as CEUs for renewal purposed. Mr. Patterson made a motion to deny Ms. Derrick s request. Ms. Cochran seconded the motion. A roll call vote was taken and recorded as follows: Mr. Pierson presented a request from Carlos Mier who wants to apply for LADC with his MD degree from the Autonomous University of Guadalajara in Mexico. Mr. McGraw made a motion to deny this application because the Medical degree presented does not give us enough info to approve for LADC. Ms. Cochran seconded the motion. A roll call vote was taken and recorded as follows: Mr. Pierson presented information from David Romines, applicant for LADC who is requesting we accept his supervision from Minnesota. Made a motion that the board needs the following information before we can consider his application: Mr. McGraw more info regarding felony charges in Oklahoma, to obtain verification of license from MN Board and verification of supervision in Minnesota. Ms. Lepak seconded the motion. A roll call vote was taken and recorded as follows: 4

5 Ms. Cochran -No Mr. Pierson presented proposed legislation changes. Ms. Cochran made motion that we use the Pharmacy Board language to impose costs of disciplinary actions. Mr. Patterson seconded the motion. A roll call vote was taken and recorded as follows: Mr. McGraw made a motion to accept Version 2 language to broaden the definition of Co- Occurring Disorder to be A Co-Occurring Disorder may also include a mental health disorder that is deemed probable to become a substance abuse disorder without intervention. Ms. Lepak seconded the motion. A roll call vote was taken and recorded as follows: Dr. Killian & Mr. McGraw left board room. Mr. Pierson presented legislation to propose adding LADCs to the list of persons considered to be licensed mental health professionals in Title 43A, Chapter 18. Ms. Cochran made a motion to make this change. Ms. Lepak seconded the motion. A roll call vote was taken and recorded as follows: Mr. Pierson asked the board for permission to correct the discrepancy in Title 38:10-9-5(f)(3)(a). Ms. Lepak made a motion to make change to Title 38. Ms. Cochran seconded the motion. A roll call vote was taken and recorded as follows: 5

6 Mr. Pierson asked the board to consider creating the acronym Counselor In Training. The board chose not to make this change at this time. Mr. Pierson asked the board to table motion regarding approval of CEUs for under 1 hour in duration. Mr. Pierson asked for clarification in interpretation of private practice. Ms. Cochran made a motion to state that if you are under supervision as an independent practice, that you are considered in private practice. Mr. Patterson. seconded the motion. A roll call vote was taken and recorded as follows: Mr. Patterson made a motion to put into effect March 1, Ms Lepak seconded the motion. A roll call vote was taken and recorded as follows: Lyle Kelsey and Dela Kwetey presented the financial report. Ms. Cochran made a motion to approve Sept Invoice for $2, for payment. Ms. Lepak seconded the motion A roll call vote was taken and recorded as follows: Ms. Cochran made a motion to accept the financial report. Ms. Lepak seconded the motion. A roll call vote was taken and recorded as follows: Mr. Pierson asked the board to set meeting dates for January 24, March 21, May 16, July 18, September 19 and November 14, 2011.Ms. Cochran made a motion to approve these dates. Ms. Lepak seconded the motion. A roll call vote was taken and recorded as follows: 6

7 Mr. Pierson discussed possibility of ODAPCA adding him as an official delegate to IC&RC through ODAPCCB. Ms. Lepak made a motion to allow Mr. Pierson to serve in this capacity. Ms. Cochran seconded the motion. A roll call vote was taken and recorded as follows: Mr. Pierson reminded the board that last year we spoke of setting a special Board Meeting to discuss budget for Ms. Lepak made a motion to set a Special Board meeting on December 15, 2010 at 9:00 am to discuss budget for Ms. Cochran seconded the motion. A roll call vote was taken and recorded as follows: Ms. Cochran made a motion to accept the following individuals for certification/licensure who have passed their Oral exams on September 10, 2010, October 1, 2010, October 8, 2010 and November 5, PASSED ADV WRITTEN TEST FOR LADC 09/10/10 MARTIN MAYTUBBY LADC Ardmore PASSED ORALS 10/1/10 Janys Esparza LADC Oklahoma City Armisha Harrison LADC Oklahoma City Tasha Jantzen LADC Enid Jim Parker CADC Bartlesville Randy Kidder CADC Pawhuska Kevin Bone CADC Wilson Robert Milstead CADC Lawton PASSED ORALS 10/8/10 JENNIFER DOYLE LADC Broken Arrow CARA KERBY LADC Tahlequah SARAH MCALISTER LADC Oklahoma City PASSED ORALS 11/5/10 Karina Forrest LADC Norman Rita Odom LADC Mustang Tammie Smith LADC Mooreland Kimberly Reid LADC Indianola Joe McElhaney LADC Warr Acres Beverly Pittman CADC Midwest City Paula Nevius LADC Enid 7

8 Ms. Lepak seconded the motion. A roll call vote was taken and recorded as follows: Mr. Pierson presented application of Margaret A. Grady from New Mexico. Ms. Lepak made a motion to accept the application. Motion dead due to lack of second. She will need to supply additional information. Mr. Pierson gave his Executive Director s Report. Being no further business to come before the Board, Mr. Patterson made a motion to adjourn the meeting at Ms. Cochran seconded the motion. A roll call vote was taken and recorded as follows: 8