Iowa Board of Behavioral Science Meeting Notes 9/14/23

The following are notes from Courtney Ackerson, IMHCA Executive Director. Notes are from attending the Iowa Board of Behavioral Sciences (IBBS) meeting on 9/14/23. These notes are not official from the IBBS in any way. Any feedback regarding the accuracy of these notes can be submitted to [email protected] . IMHCA feels that the IBBS meeting information is pertinent to our practice and to our members. These notes contain helpful tips, rule clarification, and updates.

Board Members: Kevin Allemagne, Marital and Family Therapist; Kerry Lust, Public Member; Echo Kent, Marital and Family Therapist; Amy Mooney, Mental Health Counselor; Cody Samec, Mental Health Counselor; Blake Stephenson, Behavior Analyst; Ramona Wink, Mental Health Counselor; Nolan Byrnes, Public Member, Maria Valdovinos, Behavior Analyst; Lauren Wood, Marital and Family Therapist

AMENDED MEETING AGENDA

Call to Order
Roll Call
Introductions
Announcements – None (see new business)
Approval of Minutes
1. June 15 and July 27, 2023 (no changes) – passed
Reports: AAG – Legal Overview for Board Members
New Business
1. Compact commission delegate appointee – Tony noted that Amy Mooney was willing if no one else was willing. No one else wanted the additional responsibility. Ramona weighted in on Amy being Iowa’s delegate and thanked her for her services. The update to this is that the next full meeting is October 25, 12:00 pm ET (11am CST). Additional information can be found here: https://counselingcompact.org/compact-commission/meetings/
Requests
1. Cody Kite-Warth: Request to waive rule 645 – 31.7(3) regarding supervision plans and 645-31.(1)”d” regarding exam requirements. Was practicing under supervision, but had not submitted a plan. She was not aware of the rules. The board asked questions, reviewed documentation, and made the following comments about the waiver for supervision:
  1. No Hardship presented. Consideration was given for where she lived and practiced – Southeast Iowa. Cody noted that she was not going to be able to practice with Temp License. No equal protection issue after discussion. Without the supervision plan, there was no direction that supervision was approved during the time she was trying to submit hours. They noted that it was concerning that the supervisor was not aware of the supervision requirements or had not provided her with guidance or assurance that she was within the rules. Request Denied.
  2. Comments regarding the waiver for the exam. Cody was requesting to waive the requirement for the NCMHC and use the NCE. Passed the NCE in May/June of 2022. Hardship is that she would have to take the new exam. Cost and time. Equal protection. 2020 rules were published and she should have had ample time to follow the rule change. Board did not grant the waiver.
2. Kimberly Steffen – Request for alternate supervisor 645-31.7(2)”e” Requesting a psychologist with specific skills or expertise to supervise in addition to another supervisor.
  1. The board noted that they have specifically has granted this psychologist supervision approval for other LMHCs. LMFT and LISW supervisors also present in the plan and at the site and this request would be in addition to them. Request approved
3. Ciara Kulhavy – Request for alternate supervisor 645-31.7(2)”e”
  1. Elevate. Another licensed individual has submitted a request with approval for the requested supervision and it was approved. This is a very small town. 3000 people in the town. Psychiatrist is the supervisor. Waiver granted.
Administrative Rules
1. Executive Order 10 rule revisions: reducing the regulatory burden and determining necessity and effectiveness of those rules. Discussion and pre-notice to amend IAC 645 Chapter 31 Licensure of Marital and Family Therapists, Mental Health Counselors, Behavior Analysts, and Assistant Behavior Analysts; Chapter 32 Continuing Education for Marital and Family Therapists and Mental Health Counselors; and Chapter 33 Discipline for Marital and Family Therapists, Mental Health Counselors, Behavior Analysts, and Assistant Behavior Analysts

Will have a public input session.

4^th quarter meeting the comments need to be reviewed and the formal rule making process will need to be followed in that session.

What was the decision-making process for what you kept and took out in the rule making process? ANSWER: There were items specific to our license and those were left. Items that were consistent across licensure and covered in other rules were removed. An example: Sex with clients was specific to IBBS and not other 19 boards. Cosmetologists or architects do not have this need.

10. Closed Session was entered. Agenda Motion to go into closed session pursuant to Iowa Code section 21.5(1)(a), to review or discuss records which are required or authorized by state or federal law to be kept confidential, pursuant to Iowa Code section 21.5(1)(d), to discuss whether to initiate licensee disciplinary investigations or proceedings, and pursuant to Iowa Code section 21.5(1)(f), to discuss the decision to be rendered in a contested case conducted according to the provisions of17A. a. Review closed session minutes [21.5(1)(a)] i. June 15 and July 27, 2023 b. Complaints and investigative information [21.5(1)(d)] c. Combined Statement of Charges, Settlement Agreement, and Final Orders [21.5(1)(d) and 21.5(1)(f)] 8. Return to Open Session a. Vote on any items discussed in closed session requiring final action

Future Board Meetings: Members of the public wishing to have an item added to the next meeting agenda should submit the agenda item at least 3 weeks in advance of the scheduled Board meeting. Inclusion of items on the agenda is at the discretion of the Board Chair.

December 4, 2023