Date Approved: ____/____/__________ Ex. Sec.

Signature: __________________________________________ Presidents Signature:________________________________________

ND State Board of Psychologist Examiner

Teleconference Meeting Hosted 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 in attendance to discuss the boards concerns regarding services being provided by staff identified as Behavior Analysts. Ms. Smith stated that minutes prior to todays meeting she received a letter from the Center for Psychiatric Care affirming their intent to enter into a contract to provide professional services to the Autism Center. The letter 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 Board dated 8/4/2010 would adequately meet the Boards concerns. There was a general discussion and clarification of the Boards concerns. Dr. Fehr pointed out that decisions made would be precedent setting in an area of growing importance to the Board. Several Board members pointed out that one of the key factors is Responsibility, that it is vital that the responsibility for treatment is directly tied to the psychologist, ensuring that regulatory and ethics guidelines are established and that an avenue to redress grievances is established. Dr. Adams Larsen asked for clarification of how the plan assures that there is day to day psychologist involvement and supervision of the plan. Her concerns were addressed by Sandy Smith. The Board then discussed the difference between supervision and consultation. Attorney Peterson read selected sections of Psychologys Code of Ethics relating to psychologists use of supervisees. He also clarified the limits of the Boards authority. Motion: Dr. Adams Larsen moved that the Board request a revision in the plan that included weekly psychologist oversight of treatment implementation. The motion died due to the lack of a second. Motion: Dr. Kuchler moved that the Board communicate that the plan may be approved provided that the contracted psychologist will be

clearly identified as the provider of psychological services. Dr. Townsend seconded the motion. There was discussion of the motion and Dr. Kuchler asked to amend the motion. Amended Motion: the Board communicate that the plan may be approved provided that the contracted psychologist will be clearly identified to all concerned as the provider of psychological services. Dr. Townsend accepted the amended motion. Dr. Fehr called for a roll call vote: Dr. Kuchler yes, Dr. Juntunen yes, Dr. Townsend yes, Dr. Adams Larsen 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, a response written by Dr. Rowans attorney, and various clinical records relating 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 voice vote: Dr. Kuchler yes, Dr. Juntunen yes, Dr. Fehr yes, Dr. Townsend yes Mr. Peterson will write a letter to all parties regarding the Boards decision. B. Dr. David Kuna: The Board received a complaint against Dr. Kuna. Documents associated with the complaint were reviewed including the original letter of complaint by Shawn Meier, a letter written by Dr. Shannon Alexander and a letter written by Dr. Kuna. Dr. Kuna also submitted a note from, Robert Moraleda, M.D., a psychiatrist who affirmed that he was providing care for Dr. Kuna and did not see him as a risk to clients or co-workers . Dr. Kuna, in his letter, did acknowledge behavior that violated the ethical code of conduct for psychologists. Mr. Peterson cited specific sections of the APA Code of Ethics that he saw as at issue in the complaint. Those sections included General Principle A, sections 2.06, 3.03, 3.04, 3.05, and 3.08. He also provided background and clarified the Boards options for responding to the complaint.

Motion: Dr. Adams Larsen moved that the Board affirm that there is a reasonable basis for believing that violations of APAs Code of Ethics General Principle A, and sections 2.06, 3.03, 3.04, 3.05 and 3.08 has occurred and consequently will initiate a disciplinary action. The

motion was seconded by Dr. Townsend. Dr. Fehr called for a roll call vote: 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 Boards 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 that could be included in a proposed settlement including: 1) requiring a psychological evaluation performed by a psychologist approved by the President of the Board, to be completed within 90 days, with the stipulation that Dr. Kuna follow any recommendations that are the result of that evaluation. 2) that Dr. Kuna be required to obtain professional consultation with a psychologist who would be available to consult with him at least twice monthly to discuss clinical and professional issues. 3) That Dr. Kuna be required to obtain 8 hours of continuing education on professional ethics, including coverage of the ethical principles related to multiple relationships and being an impaired 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 agendas time for adjournment and Dr.s Juntunen and Adams Larsen were unable to continue. Dr. Fehr noted that there were at least three hours of Board business that is getting backed up, and he requested that the members agree to a second meeting this month. There was consensus to meet again on Thursday, August 26, 9 AM to noon CDT. Dr.s Juntunen and Adams Larsen then left the meeting at 12:10 PM. The remaining Board members agreed to request that Attorney Peterson write a settlement proposal with those elements described above, to be presented to the Board for consideration at our next meeting. At 12:27 Dr. Fehr called to adjourn the meeting and the adjournment was approved by a voice vote. Respectfully submitted, Richard Townsend, Ed.D.