State of New Hampshire - NH Office of Professional ...

State of New Hampshire OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

DIVISION OF HEALTH PROFESSIONS

Board of Psychologists

7 Eagle Square, Suite 300

Concord, N.H. 03301

Telephone 603-271-2152 · Fax 603-271-7928

Checklist to Ensure Meetings Are Compliant with the

Right-to-Know Law During the State of Emergency

As Chair of the Board of Psychologists (the “Board”), I find that due to the State of Emergency

declared by the Governor as a result of the COVID-19 pandemic and in accordance with the

Governor’s Emergency Order #12 pursuant to Executive Order 2020-04, this public body is

authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this

meeting, which was authorized pursuant to the Governor’s Emergency Order. However, in

accordance with the Emergency Order, I am confirming that we are:

a) Providing public access to the meeting by telephone, with additional access possibilities by

video or other electronic means:

We are utilizing Zoom for this electronic meeting.1 All members of the Board have the

ability to communicate contemporaneously during this meeting through this platform,

and the public has access to contemporaneously listen and, if necessary, participate in this

meeting through dialing the following phone 646-558-8656 and Meeting ID: 891 4461

4307, or by clicking on the following website address:

https://us02web.zoom.us/j/89144614307?pwd=WEw5a3dHb1hKQzNvZHRobitEZFNJQT09

b) Providing public notice of the necessary information for accessing the meeting:

We previously gave notice to the public of the necessary information for accessing the

meeting, including how to access the meeting using Zoom or telephonically. Instructions

have also been provided on the website of the Board: https://www.oplc.nh.gov

1 Many public bodies are utilizing video teleconferencing technology, such as Zoom, to ensure the electronic meeting comply with the Right-to-Know law and any applicable due process requirements. In certain circumstances, a regular business meeting of a public body may be conducted utilizing audio-only technology. If you have any questions about the appropriateness of the technology utilized to conduct your meeting, please consult your agency counsel or the Attorney General’s Office.

https://us02web.zoom.us/j/89144614307?pwd=WEw5a3dHb1hKQzNvZHRobitEZFNJQT09

https://www.oplc.nh.gov/

Board of Psychologists PUBLIC MInutes, February 5, 2021

c) Providing a mechanism for the public to alert the public body during the meeting if there are

problems with access:

If anybody has a problem with access, please call 603-271-6762 or email at:

[email protected].

d) Adjourning the meeting if the public is unable to access the meeting:

In the event the public is unable to access the meeting, the meeting will be adjourned and

rescheduled.

Please note that all votes that are taken during this meeting shall be done by roll call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence,

please also state whether there is anyone in the room with you during this meeting, which is

required under the Right-to-Know law.


The regularly scheduled meeting of the Board of Psychology was held via ZOOM in accordance

with RSA 91-A and the Governor’s Emergency Order #12 pursuant to Executive Order 2020-04,

on February 05, 2021, beginning at 9:08 a.m., with the following members present:

Board:

Lauren Greenwald, (LG) Chair – Absent, excused.

Deborah Warner, PhD, (DW) Vice Chair, - Present & alone

Robert Walrath, PsyD, (RW) member - Present & alone

Tonya Warren, PsyD, (TW) member, - Present & alone

James Beauregard, PhD, (JB) member –Present & alone

James Halla, PsyD, (JH) member, - Present & alone

Committee members

School Psychology Advisory Committee, Member: none

Psychology Advisory Committee, Members: Jessica Leonard (JL), present & alone

Public guests

NHPA Representative, none

NHASP Representative, none

Public

none

Staff

Juliette C Rodriguez, (JCR) Board Administrator, present and alone

Todd Pevett, (TP) OPLC Attorney, Hearing Officer, present and alone

1. ADMINISTRATIVE:

A. Review the Minutes from January 08, 2021, public session.

Upon motion by TW, and with a second by JB, the Board voted to approve the

amended public minutes.

Motion passed, by roll call vote:

Deborah Warner, PhD, - yes

Robert Walrath, PsyD, - yes

Tonya Warren, PsyD, - yes

James Beauregard, PhD, -yes

James Halla, PsyD, -yes


B. Mandatory Training for all officials

Department of Administrative Services launched the statewide Respect and

Civility in the Workplace initiative to all employees and state officials in the

executive branch on January 14, 2021. This initiative includes completion of

mandatory Respect and Civility in the Workplace Training, available on the

Statewide Learning Portal.

Deadline for training completion is March 14, 2021.

Link with password for the training has been sent to your email address. If a

board member has not received this email, contact Juliette.

2. NEW BUSINESS:

A. 2021-Updated Emergency Order regarding CE’s

For review. Governor signed a new order. See materials provided to members.

The board acknowledged the updated emergency order.

Dr Leonard asked the Board for confirmation regarding remote and number of CEUs

for renewals.

Referring the board’s standing order, CEUs could still be done remotely and the

categories do not matter, but licensees’ still need 40 CEUs. Ethics CEUs can also be

remote.

Motion by JH that the board puts in the minutes to clarify that under the Emergency

conditions, the board, in its standing order previously made, has waived any

requirement for CEUs to be live remote or in-person through June 30, 2021, so online

and on-demand CEUs will be accepted. After the standing order expires and if it is

not renewed, then CEUs will again have the regular requirements; that is, categories

will pertain, and then only 6 credits of ethics would have to be in-person or via live

interactive remote method. Motion seconded by TW

Motion passed, by roll call vote:

Deborah Warner, PhD, - yes

Robert Walrath, PsyD, - yes

Tonya Warren, PsyD, - yes

James Beauregard, PhD, -yes

James Halla, PsyD, -yes

3. CERTIFICATES: N/A

Board members have shared digital versions of their signatures to be used on certificates

during the Covid 19 Emergency since there are no physical meetings.


4. RULES / STATUTES / ORDERS / LEGAL

go to nonpublic motion

A. Board Atty Tom Broderick, no consultation today.

B. OPLC– attorney provides supports for the investigation and adjudication process etc.

Not present today.

C. Atty Todd Prevett, providing the board with an idea of how mediation happens

procedurally in other settings and the courts. (began at 12:20 pm)

RSA 329-B:21 IV. (a). http://www.gencourt.state.nh.us/rsa/html/XXX/329-B/329-

B-21.htm

IV. The board may take confidential nondisciplinary actions toward a licensee in

any one or more of the following ways:

(a) By mediation.

(b) By letter of concern.

(c) By recommendation for training or supervision.

(d) By referring a licensee to the professional's health program when the licensee

presents himself or herself to the board seeking help, or is referred to the board

through a third party prior to any allegations of misconduct, or following a

complaint.

Discussion: Atty Todd Previtt gave the BOP a brief overview on mediation. The

Board has mediation as one of the remedies in the statute.

Mediation is an alternative dispute to resolution and a different type of process. The

person conducting it does need to have specific skill set. Mediation is a voluntary

confidential process where parties come together. The mediator assists in facilitating

to make sure the parties have common ground and common interest as a way to have

the parties to come to an agreement.

One aspect of mediation is that the parties be motivated to work toward resolution, and

able to give and take concerning the outcome or consequences of the matter of

concern. The board wondered how this might work for a discipline issue, since the

board is the only party with authority to give or withhold consequences for discipline.

RW thought that it may work better if the discipline had already been resolved and the

mediation is for the resolution among the individuals.

Atty Prevett noted that discipline settlement is very different than mediation.

Mediation is transformative, a restorative justice model. He noted that there is a small

overlap where mediation is appropriate in the regulation process. Only two boards

http://www.gencourt.state.nh.us/rsa/html/XXX/329-B/329-B-21.htm



have this as an option for handling an allegation. Mediation is typically done early in

an adversarial process, and the motivation is usually to avoid further adjudication, or

consequences.

Atty Prevett would like to look into more cases in which mediation might apply

related to our board and would be happy to return with such information for the board.

5. ONGOING BUSINESS:

A. Proposed rule change on 303.03(b) drafted by Dr. Halla

JH proposes removing the abbreviated application process for some applicants with

special credentials under 303.03(b). JH would still like to see the essays for these

applicants to show that they are competent in critical clinical reasoning.

Item was tabled at November meeting to be considered in December, further carried

to January so that members could review criteria for the high credentials in their

consideration of the rule. JH and DW prepared a revised proposal that is on the board

members’ server.

Materials have been provided to the board members: copy of revised proposal, and

copies of CPQ and Nat. Reg. qualifications.

Discussion: Tabled to the March meeting.

B. School Psychologist Advisory Committee Update, Dr Walrath

1) SP Licenses, update.

Have any SP licensees returned or declined their licenses?

Status update: as of yet – no SP have returned their licenses or declined.

2) SP Advisory Committee update from January 2021 meeting

Update: RW informed the Board that they reviewed the draft from the board’s

discussion regarding CEUs.

3) Coordination RW and Travis Bickford and Admin Juliette on listings.

See “School Psychology lic lookup sceenshot.”

Update: This has been completed and all associate level have been changed to

“specialist” with JCR help and request with IT.

4) Working on rules development, competence and practice standards.

Copy of early draft rules on SP folder in server.


Update on rules development: Dr Walrath has shared the latest rules draft

with Dr Warner, looking for feedback. She will send comments to Dr Walrath

to share with the SP Advisory Committee.

C. PSYPACT Update

1) Admin & Commission updates, Dr Warner

Free application for ePassport ended Janury 31.

Applications are backlogged. Getting official transcripts to ASPPB is the

important step in the application process, then wait.

Executive Committee meeting will be at the end of March.

2) Rules and Law issues, update:

DW was appointed to PsyPact Rules Committee.

No action in January.

D. Legislative Proposal for Telemedicine

1) Tentative sponsors

Rep Susan Mullen has committed to supporting the bill and is recruiting

others as well. Sen Reagan submitted the bill text in September. Both were

re-elected.

Sponsor sign-ons are happening.

Update: The LSR #0277 has been rolled into an omnibus licensing bill, as

part XIII of SB133 which will be heard next week on 2/10/21 in Senate

ED&A Committee.

2) Talking with other state boards VT, ME, MA, VA

E. Administrative update: templates and updates, progress on office move, staffing and

coverage, arranging committee meetings, communication, etc

1) Juliette update on remote work, board process, and access to admin materials.

Any items to share with board about process.

JCR informed the board everything is running smoothly on her end. The emails

have lowered in volume and is keeping on top of the volume as they come in.

Juliette is also going through all boxes she can find to be sure there is no work

left behind, or unfinished.

Juliette has also requested a printout from the financial office of all payments

that have come in since December 2019 so that each one can be tracked for

completion. Dr Warner is helping Juliette with this task.


JL asked if there are frequent requests. JCR will bring forward a list or

collection of typical questions.

2) Per diems – If you have any extra meetings to document for per diem, contact

Juliette.

Submit dates and assignment/meeting type for assigned board special tasks

longer than 2 hours on a given day.

Status: current per diems up to January 2021 have been submitted.

3) Standing orders for procedures for various administrative topics/situations.

2/5/2021 Dr Warner and Juliette are continuing to work on these drafts, making

progress. Executive Director approved of this process the board is using to make

handling applications and other procedures more consistent in the busy OPLC

environment.

Discussion: JCR and DW continue to work on the draft standing orders and will

provide to the board when ready.

1/8/2021 Dr Warner and Juliette are working up drafts for these. DW has asked

Dir Lindsey Courtney to assist in certain solutions.

12/4/2020 Board voted to start making standing orders for administrative actions,

especially to provide consistent activity when other staff cover the board.

F. NHPA news and feedback

Dr. Jess Leonard or Dr Celia Oliver –

Dr. Leonard informed the board that next week will present legislation update at

NHPA board meeting about several major bills out there.

They are still working on their FAQ list and will share with the board when ready.

G. Applications Forms review

1) Update: Dr Warren, Jessica Leonard

Board members were going to review the folder and submit suggestions to Dr

Warren.

Update: Materials have been uploaded to the server for the Board to

review.


JL had a few questions regarding the application form and will work with TW

in areas that need clarification. Some issues with multiple supervisors on

internship or post doc.

Board members are encouraged all to send comments and edits to Dr Warren,

as she is nearly complete in the revision process.

2) Reinstatement and Reactivation applications.

Discussion of inadvertent practicing during the non-licensed gap in time.

The Board thinks that TW did a great job clarifying the distinction between

the two types of applications.

RW expressed concerns that people have had their license lapse because of the

board’s inaction, or admin staff and there should be an option to address this

so they aren’t penalized because of board and staff mistakes. JB agrees with

RW statement that the licensee should not be penalized for something that was

not their fault. JH also agrees with this.

JCR informed the board of OPLC new policy regarding renewal notification

and that it will all be converting to electronic notices.

RW noted that RSA 329 B25 states that renewal notices will be “mailed” to

the licensees. The board had a strong preference for using snail mail for

renewal notices.

DW and LG will contact OPLC for clarification on this.

H. Board website updates, items for Board news or FAQs

1) Tonya Warren – any application changes needed on the website?

None yet.

2) Other housekeeping on website, Juliette update

i. Review new FAQ webpage 2021 02 02 version with its edits, in materials.

Board discussion: Board member edits are invited/desired on the draft.

ii. Public Minutes are in need of attention.

No minutes posted before 2017, although board formed in 2013. MIA.


June-Sept 2019 are posted as “minutes” but are actually agendas, one

having a couple of notations from meeting.

No minutes have been posted since June of 2020 when Covid-remote,

office move, staff loss, and other changes occurred.

1/8/21 Board wishes to have recent minutes posted accurately.

1/27/21 Dr Warner and Chairwoman Greenwald met with Exec Director

Lindsey Courtney and Atty Tom Broderick.

Board discussion: JCR will be improving the postings that she has access

to.

I. Well-being and membership

Board, 2 Public members for Board

School Psych Advisory Committee: openings for 3 parent members

Psychology Advisory Committee, Dr Warren openings for 9 Psych + 3 community

members

Professional Health Comm, Dr Beauregard

PCI Comm, Dr Halla

Recruitment discussion

1) Any recruits or member ideas?

No new recruits.

J. CEUs & incentives for committee work

CEU incentives were tabled in November for consideration at the December 2020

meeting and discussed then in detail. Waiting for input from SP Advisory Committee.

02/05/2021 update: The committee reviewed the CEU’s they motioned to accept the

preliminary CEU discussion.

RW informed the board that the SP committee felt it was appropriate. School

Psychologists calls call them contact hours. They discussed how this works in terms

of the DOE certification. They think they will need to talk about it more but at some

point, in terms how SPs get certified by DOE and how there are two different practice

types – SP who work in a school district and those SP who work outside of the school

district, concerning the mechanics of how CEUs are applied to their renewals.

RW motioned to prepare for a rule change using the apportionments in table below

regarding CEUs for the board and the advisory committee work. JH seconded motion.

Motion passed. By roll call vote:


Deborah Warner PhD, - yes

Robert Walrath PsyD, - yes

Tonya Warren PsyD, - yes

James Halla PsyD, - yes

James Beauregard, PhD – yes

CEUs All are Ethics credits, can be

rolled forward up to 6 years,

except as otherwise specified.

Per diems

For all meetings 2 or

more hours per RSA

329-B:7

Advisory

Comm

Note:These

Adv Comm

members can

fill in for

board

quorum

when needed

on a single

item.

2 CEUs for joining and

training.

Up to 24 CEUs per year

depending on meeting hours

attended on committee.

“

Note - Adv Comm

meetings may be

shorter than 2 hours.

PCI

Committee

and cases


training.

For each case:

18 CEUs for completing ROI

and

2 CEUs Summary of

Investigation

1 case can be rolled forward in

license cycles as needed up to 6

years; additional cases non-

expiring until used up.

“

SP Advisory

Comm

2 CEUs, also called Contact

Hours, for joining and training.

Up to 24 CEUs / Contact

Hours, per year depending on

meeting hours attended on

committee.

“

Note meetings are 2

hours.


SP PCI

Comm

2 CEUs / Contact Hours for

joining and training.

18 CEUs / Contact Hours for

completing ROI and

2 CEUs / Contact Hours

Summary of Investigation

1 case can be rolled forward in

license cycles as needed up to 6

years; additional cases non-

expiring until used up.

“

Professional

Health

Comm


training.


training.

Up to 24 CEUs per year

depending on meeting hours

attended on committee.

Can be rolled forward in license

cycles as needed up to 6 years.

“

This committee has

no, or rare, referrals to

work on.

Board of

Psychologists


training.

2 CEUs for each monthly

meeting attended, maximum of

24 per year.

May be rolled forward up to 6

years after board appointment

expires.

Per RSA 329-B:7, as

above, for all

meetings 2 hours or

more and for lengthy

special assignments

for board.

See also statute on per diems


K. Professional Health Committee



Dr Beauregard, Chair Professional Health Committee

12/6/2020 NHPHP – Liaison with Mary Behnke

Update: JB contacted Mary Behnke after the last meeting and established an on-

going communication.

L. Making a video of how to approach writing the essays

Dr Beauregard and Dr Halla are working up an outline and setting up logistics to prep

and record a board zoom discussion to share on board’s and NHPA’s website.

1/8/2021 Dr Beauregard is starting to organize this plan. Atty Tom can review the

board’s video and provide feedback.

Update: JB asked the board regarding the structure of the video…should it be more

of an interview process or structured another way. The Board suggested that someone

from NHPA could help out and send out a list of question that the board can answer

to before the video gets created. He is looking at it being a zoom discussion. RW

suggested a zoom webinar format, which works well.

M. History of Psychology Licensing in NH

12/6/2020 Dr Beauregard and Dr Warner along with NHPA will be working on a

history chronology of Psychology licensing and the several boards that have licensed

psychologists in NH.

Board of Psychology issued licenses as early as 1967 and likely before that, as the

earliest in our active licenses is #64 in 1967.

BMHP began in 1998 and covered Psychology until June 30, 2013.

Board of Psychologists began July 1, 2013.

1/8/2021 Dr Oliver will be reaching out to older psychologists for help with this

project.

Discussion: Dr. Oliver is still working on this and more to come in the next coming

meetings.

6. PUBLIC HEARING:

7. TABLED:

8. QUESTIONS:

Email from Dr. Erin Curro:


Where can I access information about CEU's needed so I can ensure I complete my

CEU's on time and also see what seminars are available? Since I am dually licensed in

MA, can I count the same seminars towards both out of curiosity or do I need to do

double for lack of a better word?

Answer: The Board answered Dr. Curro’s question. Yes, she can use the CEUs she has

used in other states. The Board would like to refer her to the rules in the Psyc 400s on the

CEUs and can use it from any place to satisfy the NH rule as long as it satisfies the rule

requirements. RW will send reference to JCR.

9. NON-PUBLIC SESSIONS

Motion to commence Non-Public Session:

At 10:46 am pursuant to RSA 91-A:3 II (c), 91-A:5, and upon motion by JB with a

second by RW, the Board voted unanimously via roll call vote to conduct a non-public

session because public disclosure may render a proposed action ineffective or adversely

affect the reputation of a person other than a Board member. Each member recorded his

or her vote on the motion, which passed by the unanimous vote of all members present.

Roll call vote:

Deborah Warner, PhD, yes

Robert Walrath, PsyD, yes

Tonya Warren, PsyD, yes

James Beauregard, PhD ,yes

James Halla, PsyD, yes

[Minutes kept separately]

At 11:54 am the board returned to public session.

Motion to keep minutes of non-public session confidential:

At 11:54 am., upon motion by JB with a second by TW the Board unanimously voted to

withhold and seal the minutes of the preceding non-public session from public disclosure

pursuant to RSA 91-A: 3 III, that divulgence of the information likely would affect

adversely the reputation of a person other than a Board member and to render the

proposed action ineffective. Each member recorded his or her vote on the motion, which

passed by the unanimous vote of all members present.

Roll call vote:




James Beauregard, PhD, yes



Motion to enter Non-Public Session:

At 12:49 pm pursuant to RSA 91-A:3 II (c), 91-A:5, and upon motion by RW with a

second by TW, the Board voted unanimously via roll call vote to conduct a non-public

session because public disclosure may render a proposed action ineffective or adversely

affect the reputation of a person other than a Board member. Each member recorded his

or her vote on the motion, which passed by the unanimous vote of all members present.

Roll call vote:






[Minutes kept separately]

At 1:03 pm, the board returned to public session.

Motion to keep minutes of non-public session confidential:

At 1:03 pm., upon motion by TW, with a second by RW, the Board unanimously voted to

withhold and seal the minutes of the preceding non-public session from public disclosure

pursuant to RSA 91-A:3 III, that divulgence of the information likely would affect

adversely the reputation of a person other than a Board member and to render the

proposed action ineffective. Each member recorded his or her vote on the motion, which

passed by the unanimous vote of all members present.

Roll call vote:





James Halla, PsyD, absent

10. APPLICATION APPROVALS

A. Review of Psychologist Applications recommended in non-public session

Motion by JH and seconded by RW, the Board voted to issue licenses to the

following applicants, or to take the EPP test as specified here:

- Dr. Jennifer McCaroll


- Dr. Lauren Lussier

- Dr. Erin Curro

Motion passed. By roll call vote:






B. Review of School Psychologist applications recommended in non-public session

None

C. Committee nominations from non-public discussion: none

11. MEETING PLANS and ADJOURNMENT

A. Meeting plans:

Next meeting: March 5th, 2021

B. At 1:05 pm, a motion to adjourn was made by JB, seconded by TW.

By roll call vote:






The items of the meeting were not necessarily addressed in the sequence presented, but are

here recorded according to the order in the agenda.

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