The general meeting of the New Jersey State Board of Psychological Examiners was held at the Board office, 124 Halsey Street, Newark, New Jersey. The meeting was called to order at 9:50 A.M.

PRESENT:

Nancy E. Friedman, Ph.D., Chair
Loretto A. Brickfield, Ph.D., Vice Chair
Alan M. Groveman, Ph.D., Secretary
Evelyn A. Orozco, Ph.D.
Kenneth G. Roy, Ed.D.

ABSENT:

Patricia A. Farrell, Ph.D.
T. Stephen Patterson, Ph.D., Government Member

ALSO ATTENDING:

J. Michael Walker, Executive Director
Carmen A. Rodriguez, Deputy Attorney General, Counsel to Board
Wanda Ginn, Administrative Staff
Carmella Volz, Assistant to the Executive Director

ELECTION OF BOARD OFFICERS 2008-2009

Pursuant to N.J.S.A. 45:14B-13, the Board held Election of Officers. Executive Director Walker opened the floor to nominations for the Election of Board Officers for 2008-2009.

Upon motion made by Dr. Roy and seconded by Dr. Groveman, Nancy E. Friedman, Ph.D. was re-elected by acclamation to serve as Chair. Voting in favor of the motion: all.

Upon motion made by Dr. Groveman and seconded by Dr. Friedman, Loretto A. Brickfield, Ph.D. was re-elected by acclamation to serve as Vice Chair. Voting in favor of the motion: all.

Upon motion made by Dr. Orozco and seconded by Dr. Friedman, Alan A. Groveman, Ph.D. was elected by acclamation to serve as Secretary. Voting in favor of the motion: all.

REVIEW OF MINUTES:

Upon motion made by Dr. Roy and seconded by Dr. Groveman, the Board approved the public session minutes of May 5, 2008, with corrections. Voting in favor of the motion: all.

CLOSED SESSION AND RETURN TO OPEN SESSION

Upon unanimous vote of all members present, the Board went into closed session for discussion of the oral examinations. The Board returned to open session.

CREDENTIAL COMMITTEE REPORT:

TEMPORARY PERMIT–NOT TO EXCEED THREE YEARS

The following candidates were unanimously approved for a three-year temporary permit for the supervised practice of psychology:

Tal Yonai, Ph.D. Anupama Kotay, Ph.D.
Scott Johansen, Ph.D. Yesenia Flores, Psy.D.
Christine Zavalis, Psy.D. Masami Tokumo, Ph.D.
Gahan Pandina, Ph.D. Vera Roquemore, Ph.D.
Coleen Vanderbeek, Psy.D.

TEMPORARY PERMIT–NOT TO EXCEED ONE YEAR

The following candidates were unanimously approved for a one-year temporary permit for the unsupervised practice of psychology:

Amy Gulino, Psy.D. Kathy Novaky, Ph.D.

LICENSED BY EXAMINATION

Upon motion made by Dr. Brickfield and seconded by Dr. Groveman, the following candidates qualified for licensure. Voting in favor of the motion: all.

Gregory C. Benson, Psy.D.
Elaine Weinman, Ph.D.
Steven J. Brodsky, Psy.D.
Eileen M. Russell, Ph.D.
Kristi D. Corcoran, Psy.D.
Robert Ruchinskas, Psy.D., ABPP
Erin Tighe-Von Zuben, Ph.D.
Cloey A. Talotta, Psy.D.
Richard Gaudet, Psy.D.

DEFERRAL OF ORAL EXAMINATION

Upon motion made by Dr. Brickfield and seconded by Dr. Groveman, the Board voted to defer final consideration of the oral examination for the following candidates pending submission and approval of the following papers: (1) outlining the information a psychologist can share with third-party payors (insurance company) under the Act Concerning the Disclosure of Patient Information by Psychologists (a.k.a. New Jersey Peer Review Law); (2) understanding of psychologist-patient privilege and "duty to warn" requirements and (3) knowledge of rules concerning sexual involvement with patients.

Stacey L. Spencer, Ed.D. (1)
Catherine Stanzione, Psy.D. (1) (2) (3)
Susan J. Creange, Ph.D. (2)

CORRESPONDENCE

Peter Braverman, Psy.D., TP #043-502

Dr. Braverman wrote requesting an extension of his three-year supervised temporary permit that expires on October 14, 2008. Dr. Braverman stated that he is not prepared to take the E.P.P.P. examination due to responsibilities for the care of his two children and two chronically ill parents. Upon motion made by Dr. Brickfield and seconded by Dr. Groveman, the Board voted to extend Dr. Braverman’s temporary permit for an additional year expiring on October 14, 2009, contingent upon taking the E.P.P.P. examination on or before December 31, 2008. Voting in favor of the motion: all.

Jacqueline Calle, Psy.D., TP #043-431

Dr. Calle wrote requesting an extension of the 90-day limit to submit her work sample for the oral examination. Dr. Calle stated that due to work obligations and recent pregnancy, she has not been able to dedicate the time and attention required to prepare her work sample. Upon motion made by Dr. Brickfield and seconded by Dr. Groveman, the Board voted to give Dr. Calle an additional 90-day extension to submit her work sample for the oral examination. Dr. Calle was advised that her work is now due on or before August 26, 2008. Voting in favor of the motion: all.

David Brantley, III, Psy.D., TP #053-583

Dr. Brantley wrote requesting an extension of his three-year supervised temporary permit that expires on June 24, 2008. Dr. Brantley stated that he has completed the required supervision hours and has taken and passed the E.P.P.P. written examination and is currently preparing his work sample for submission. Upon motion made by Dr. Brickfield and seconded by Dr. Groveman, the Board voted to extend Dr. Brantley’s temporary permit for an additional year expiring on June 24, 2009. Voting in favor of the motion: all.

Susan J. Creange, Ph.D., TP #983-024

Dr. Creange wrote requesting an extension of her three-year supervised temporary permit that expired on January 9, 2007. Dr. Creange stated that she was not aware that her temporary permit had expired. Dr. Creange further stated that she was under the impression that when her permit was reinstated that she was given a three-year extension. Upon motion made by Dr. Orozco and seconded by Dr. Groveman, the Board voted to extend Dr. Creange’s temporary permit for an additional year expiring on January 9, 2009. Voting in favor of the motion: all.

BariLynn Marshall-Heslin, Psy.D. TP #043-461

Dr. Marshall-Heslin wrote requesting an extension of her three-year supervised temporary permit that expired June 1, 2008. Dr. Marshall-Heslin stated that she has taken and passed the E.P.P.P. written examination and received a six-month extension to submit her work sample for the oral examination. Dr. Marshall-Heslin further stated that her caseload currently consist of three psychotherapy cases. Upon motion made by Dr. Brickfield and seconded by Dr. Groveman, the Board voted to extend Dr. Marshall-Heslin’s temporary permit for one year contingent upon her submitting her work sample to the Board office on or before October 4, 2008. Voting in favor of the motion: all.

Roman W. Lemega, Ph.D., #2369

Dr. Lemega wrote requesting clarification from the Board on whether or not he needs to include his license number on a State business card, a position which is separate from his private practice. Upon motion made by Dr. Groveman and seconded by Dr. Roy, the Board voted to inform Dr. Lemega that pursuant to N.J.A.C. 13:42-9.3 (a)1 states that "all licensee advertisements and public representations, including advertisements in a classified directory, business card and professional stationery, but not including an office entry sign, shall contain the following: 1. The licensee’s name and license number."

Dr. Lemega was further advised that the regulation does not differentiate between a private practice and an exempt setting; therefore, the Board’s position is that the license number should appear on all business cards regardless of the setting that you are working in. Voting in favor of the motion: all.

Thomas J. Gaynor, Esq.

Mr. Gaynor wrote requesting clarification from the Board concerning a business venture contemplated by one of his client’s, a licensed psychologist. Mr. Gaynor stated that the said entity is to provide services deemed necessary to enhance the athletic performance of its clients. The owners of the proposed business entity shall include his client, another licensed psychologist, and an individual who is not a licensed psychologist. Mr. Gaynor further state that services to be rendered by the licensed psychologist shall include the use of relaxation techniques, mental imaging, goal setting and hypnosis. Upon motion made by Dr. Roy and seconded by Dr. Groveman, the Board directed Executive Director Walker to write Mr. Gaynor to request a copy of the redacted contract, as well as, all formation documentation for the L.L.C. Additionally, the Board also wants to know what the responsibilities of the licensed psychologist will be and what specific billing codes will be used in the practice before making a decision. Voting in favor of the motion: all.

James V. Hetzel, Esq.

James V. Hetzel, Esq. wrote previously asking for an opinion regarding fee splitting in the context of a contract. However it was not clear at that time that it involved a licensee of the Board and a third party. Upon the Board’s request, Mr. Hetzel supplied a redacted copy of the proposed contract. After review, the Board determined that the proposed contract might be in conflict with the regulation prohibiting fee splitting. It then came to our attention that is was a disputed contract matter in current litigation, not a proposed contract involving the provision of psychological services. In fact, the proposed contract did not appear to involve psychology. Upon motion by Dr. Roy, seconded by Dr. Groveman, the Board declined to be involved on the grounds that it appears to the Board that it lacks jurisdiction in matters that are not of a psychological nature and that the Board does not take a position in contract disputes.

COMMITTEE REPORTS:

Regulation Committee

Charles Manning, Regulatory Analyst, resubmitted a draft of the Regulations Committee’s recommendations of N.J.A.C. 13:42.21., Application, qualification to sit for examination for re-review. Upon motion made by Dr. Brickfield and seconded by Dr. Groveman, the Board voted to accept the Committee’s recommendations and the modified changes. Voting in favor of the motion: all.

Regulation Committee

Charles Manning, Regulatory Analyst, informed the Board that its regulations, N.J.A.C. 13:42-1.1 et seq. will sunset on March 12, 2009 and that the Board will be reviewing its regulations if it wishes to make any modifications and/or deletions.

REPORT ON PERMIT CONFERENCE HELD ON APRIL 7, 2008–DR GROVEMAN

Karen Way, Ph.D./Maureen Hudak, Psy.D. & Barbara Menzel, Psy.D., supervisors (present)

Dr. Way failed her oral examination administered on March 28, 2008 and is currently working under a three-year supervised temporary permit that expires June 2, 2008. Upon motion made by Dr. Groveman and seconded by Dr. Orozco, the Board voted to extend Dr. Way’s temporary permit for an additional year expiring on March 18, 2009 with a 90-day extension to submit a new work sample for the oral examination. Voting in favor of the motion: all.

PUBLIC DISCIPLINARY MATTERS

I/M/O Laurie Appel, Psy.D., #3727

Dr. Appel signed the Offer of Settlement In Lieu of Filing a Formal Disciplinary Complaint. Appel stated on the affidavit portion of the Reinstatement Application form that she continued to practice psychology in the State of New Jersey while her license was lapsed on June 30, 2005. Dr. Appel stated that she continued to practice psychotherapy on a part time basis at a private practice located at 1112 and 1534 King’s Highway, Swedesboro, NJ. The Board’s records also indicate that renewal notices were sent to her address of record. Dr. Appeal has consented to cease and desist from engaging in the practice of psychology in the future without timely renewal of her license pursuant to N.J.S.A. 45:1-7 (b),(c) and pay a penalty in the amount of $2,000.00 for continuing to engage in the practice of psychology with a suspended license from July 2005-August 2007.

Michele T. Zembow, Ph.D., #2707

Dr. Zembow signed the Modified Offer of Settlement In Lieu of Filing a Formal Disciplinary Complaint. Dr. Zembow wrote requesting that the Board reconsider reducing the civil penalty imposed herein and offer an informal letter of reprimand instead of a public settlement offer. After reviewing her request, the Board previously agreed to reduce the civil penalty imposed from $3,000.00 to $1,500.00 but has rejected her request for informal action as it is the Board’s practice to issue letters of settlement to licensees who have practiced for a considerable period of time with a suspended license due to failure to timely renew. Dr. Zembow has consented to cease and desist from engaging in the practice of psychology in the future without timely renewal of her license in violation of N.J.S.A. 45:1-7 (b) and (c) and pay a penalty of $1,500.00 for continuing to engage in the practice of psychology with a suspended license from 2001-2004 renewal period.

I/M/O Barry Kardos, Ph.D., #2819

The Board reviewed a letter from Dr. Banford certifying that Dr. Kardos has attended supervision with him reliably for the period of May 2006 through May 2008 as required. Dr. Banford further stated that Dr. Kardos has completed the supervision in accordance with the conditions outlined in the Administrative Action Consent Order of April 3, 2006. Upon motion made by Dr. Brickfield and seconded by Dr. Orozco, the Board voted to inform Dr. Kardos that based on information received from Dr. Banford, he has satisfied the supervision requirement and no longer needs supervision in order to practice psychology in the State of New Jersey. All conditions of the Consent Order have been met. Voting in favor of the motion: all.

I/M/O Jack Goralsky, Psy.D., #1285

Executive Director Walker brought to the attention of the Board that Dr. Goralsky has not complied with any of the terms outlined in the Administrative Action Consent Order filed on October 18, 2007. Upon motion made by Dr. Orozco and seconded by Dr. Groveman, the Board requested that Executive Director Walker to send a letter to Dr. Goralsky requesting that the following information submitted to the Board:

-civil penalty in the amount of $1,000.00 (submit within ten (10) days);
-costs to the State of New Jersey in the amount of $2,325.00 (submit within ten (1) days);
-submission and completion of a boundaries course that is approved, in advance, by the Board
-submission of names of three (3) psychologists, to be approved by the Board in advance, for supervised practice (submit within thirty (30) days);

Dr. Goralsky was further advised that if the civil penalty and costs to the State of New Jersey were not received within ten (10) days a Certificate of Debt will be filed against him. Voting in favor of the motion: all.

I/M/O Gary Grody, Ph.D.

Dr. Grody appeared before the Board on June 2, 2008 to discuss his Application for Reinstatement of his license to practice psychology in the State of New Jersey. The Board suggested terms for the Consent Order. This matter is pending the Board’s final disposition.

REVIEW OF PROPOSED LEGISLATION

Assembly, No. 1805–Permits removal of State board, commission or independent authority member for failure to attend three consecutive meetings thereof without good cause Upon motion made by Dr. Groveman and seconded by Dr. Roy, voted to support this bill. Voting in favor of the motion: all.

Assembly, No. 2735–Prohibits employment and licensing background checks to go back further than seven years under certain circumstances Upon motion made by Dr. Roy and seconded by Dr. Brickfield, the Board voted to take a neutral position with regard to this bill. Voting in favor of the motion: all.

Senate, No. 1741–Requires psychologists to video record sessions conducted with children alleged to be abused or neglected Upon motion made by Dr. Groveman and seconded by Dr. Brickfield, the Board voted that while the Board understands the underlying intent, it cannot support the bill as currently written because: 1. Video recording could negatively impact the therapy as it may easily inhibit the child; 2. Video recording raises issues of parental permission and confidentiality that the proposed legislation does not address; 3. Video recording may introduce a chilling effect on a psychologist’s ability to provide therapy; 4. Issues of abuse or neglect may become apparent only after therapy has progressed. Implementing video recording once abuse or neglect has been revealed would be awkward, inhibiting and counterproductive to therapy; and 5. The bill unduly impacts the profession of psychology because it only applies to psychologists, even though children are treated by all mental health professionals.

Voting in favor of the motion: all.

Senate, No. 1815–Requires legal action against certain licensed persons to be brought within two years. Upon motion made by Dr. Groveman and seconded by Dr. Brickfield, the Board voted to take a neutral position with regard to this bill. Voting in favor of the motion: all.

CHANGE AND CANCELATION OF BOARD MEETINGS

Upon motion made by Dr. Groveman and seconded by Dr. Brickfield, the Board voted to cancel its July 7, 2008 meeting. Additionally, the Board voted to reschedule its July 6, 2009 meeting for July 13, 2009. Voting in favor of the motion: all.

Respectfully submitted,

______________________
Alan M. Groveman Ph.D.
Secretary

APPROVED BY:

________________________________
Date: Nancy E. Friedman, Ph.D.
Chair

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