ND State Board of Psychologist Examiner

Teleconference MeetingHosted through the North Dakota State Capital Building

 Tuesday, August 10, 2010

Members Present: Dr. Alan Fehr, President; Dr. Christine Kuchler, Vice-President;Dr. Margo Adams Larsen; Dr. Richard Townsend

Also in attendance: Attorney Bill Peterson, Sandy Smith from the North Dakota

Autism Center and Eric Monson from the Anne Carlson Center.

Dr. Alan Fehr called the meeting to order at 10:03 AM CDT.

I. Status of Board Action:

A. Crystal Ringenberg: Guests Sandy Smith and Eric Monson were inattendance to discuss the board’s concerns regarding services beingprovided by staff identified as Behavior Analysts. Ms. Smith statedthat minutes prior to today’s meeting she received a letter from theCenter for Psychiatric Care affirming their intent to enter into acontract to provide professional services to the Autism Center. Theletter was read to the Board.

At 10:09 Board Member Dr. Cindy Juntunen joined the meeting in progress.

Mr. Monson asked the Board whether a plan submitted to the Boarddated 8/4/2010 would adequately meet the Board’s concerns. Therewas a general discussion and clarification of the Board’s concerns. Dr.Fehr pointed out that decisions made would be precedent setting in anarea of growing importance to the Board. Several Board memberspointed out that one of the key factors is “Responsibility”, that it isvital that the responsibility for treatment is directly tied to thepsychologist, ensuring that regulatory and ethics guidelines areestablished and that an avenue to redress grievances is established.

Dr. Adams Larsen asked for clarification of how the plan assures thatthere is day to day psychologist involvement and supervision of theplan. Her concerns were addressed by Sandy Smith. The Board thendiscussed the difference between supervision and consultation.

Attorney Peterson read selected sections of Psychology’s Code of Ethics relating to psychologists use of supervisees. He also clarifiedthe limits of the Board’s authority.

Motion: Dr. Adams Larsen moved that the Board request a revision inthe plan that included weekly psychologist oversight of treatmentimplementation. The motion died due to the lack of a second.Motion: Dr. Kuchler moved that the Board communicate that the planmay be approved provided that the contracted psychologist will be

Date Approved: ____/____/__________ 

Ex. Sec. Signature:

 __________________________________________ 

President’s

 

clearly identified as the provider of psychological services. Dr. Townsend seconded the motion.

 There was discussion of the motion and Dr. Kuchler asked to amendthe motion.

Amended Motion: the Board communicate that the plan may beapproved provided that the contracted psychologist will be clearlyidentified to all concerned as the provider of psychological services.

Dr. Townsend accepted the amended motion. Dr. Fehr called for a rollcall vote:Dr. Kuchler – yes, Dr. Juntunen – yes, Dr. Townsend – yes, Dr. AdamsLarsen – yes, Dr. Fehr – yes. Motion carried.

At 11:17 Dr. Fehr called a five minute break.

Dr. Fehr called the meeting back to order at 11:23

II. Complaints:A. Dr. Leslie Rowan: Dr. Adams Larsen recused herself. The Board

reviewed documents received relating to a complaint against Dr.Rowan. Included among those materials was the original complaint, aresponse written by Dr. Rowan’s attorney, and various clinical recordsrelating to the case. After review:Motion: Dr. Townsend moved dismiss the complaint against Dr.Rowan. Dr. Kuchler seconded the motion. Dr. Fehr called for a voicevote:Dr. Kuchler – yes, Dr. Juntunen – yes, Dr. Fehr – yes, Dr. Townsend –yes

Mr. Peterson will write a letter to all parties regarding the Board’sdecision.

B. Dr. David Kuna: The Board received a complaint against Dr. Kuna.Documents associated with the complaint were reviewed including theoriginal letter of complaint by Shawn Meier, a letter written by Dr.Shannon Alexander and a letter written by Dr. Kuna. Dr. Kuna alsosubmitted a note from, Robert Moraleda, M.D., a psychiatrist whoaffirmed that he was providing care for Dr. Kuna and did not see himas a risk to clients or co-workers . Dr. Kuna, in his letter, didacknowledge behavior that violated the ethical code of conduct forpsychologists.

Mr. Peterson cited specific sections of the APA Code of Ethics that hesaw as at issue in the complaint. Those sections included GeneralPrinciple A, sections 2.06, 3.03, 3.04, 3.05, and 3.08. He also providedbackground and clarified the Boards options for responding to thecomplaint.

Motion: Dr. Adams Larsen moved that the Board affirm that there is areasonable basis for believing that violations of APA’s Code of EthicsGeneral Principle A, and sections 2.06, 3.03, 3.04, 3.05 and 3.08 hasoccurred and consequently will initiate a disciplinary action. The

 

motion was seconded by Dr. Townsend. Dr. Fehr called for a roll callvote: Dr. Adams Larsen - yes, Dr. Juntunen – yes, Dr. Kuchler – yes,Dr. Townsend – yes, Dr. Fehr – yes. The motion was approved.

Mr. Peterson then clarified the Board’s options for disciplinary action. There was discussion of options and in particular the option to send Dr.Kuna a settlement agreement. The Board discussed elements thatcould be included in a proposed settlement including: 1) requiring apsychological evaluation performed by a psychologist approved by thePresident of the Board, to be completed within 90 days, with thestipulation that Dr. Kuna follow any recommendations that are theresult of that evaluation. 2) that Dr. Kuna be required to obtainprofessional consultation with a psychologist who would be available toconsult with him at least twice monthly to discuss clinical andprofessional issues. 3) That Dr. Kuna be required to obtain 8 hours of continuing education on professional ethics, including coverage of theethical principles related to multiple relationships and being animpaired professional. And 4) that Dr. Kuna be placed on one year of probation. Details of the provisions were discussed and debated.

At this point the meeting was already beyond the agenda’s time for adjournmentand Dr.s Juntunen and Adams Larsen were unable to continue. Dr. Fehr noted thatthere were at least three hours of Board business that is getting backed up, and herequested that the members agree to a second meeting this month. There wasconsensus to meet again on Thursday, August 26, 9 AM to noon CDT. Dr.s Juntunenand Adams Larsen then left the meeting at 12:10 PM.

 The remaining Board members agreed to request that AttorneyPeterson write a settlement proposal with those elements describedabove, to be presented to the Board for consideration at our nextmeeting.

At 12:27 Dr. Fehr called to adjourn the meeting and the adjournment was approvedby a voice vote.

Respectfully submitted,

Richard Townsend, Ed.D.