BEFORE THE WYOMING MENTAL HEALTH PROFESSIONS LICENSING BOARD In the Disciplinary Matter of IVYSUE HRANAC, Licensed Clinical Social Worker License No. LCSW-882

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Docket No. 2015-16 -- KS

SETTLEMENT AGREEMENT, STIPULATION AND ORDER FOR LETTER OF REPRIMAND COMES NOW, the Investigative Board Member (“PETITIONER”) of the Wyoming Mental Health Professions Licensing Board (“Board”), and IVYSUE HRANAC, LCSW (“RESPONDENT”), pursuant to Wyo. Stat. Ann. § 16-3-107(n) of the Wyoming Administrative Procedure Act (“WAPA”), the Mental Health Professions Practice Act at Wyo. Stat. Ann. §§ 33-38-101 et seq. (“Act”), and applicable provisions of the Board’s Rules and Regulations, and hereby enter into this Settlement Agreement, Stipulation and Order for Letter of Reprimand (“Agreement”), subject to approval by the Board. FINDINGS OF FACT 1.

RESPONDENT is a Licensed Clinical Social Worker (“LCSW”) in the State of Wyoming and holds License No. LCSW-882, which will expire on February 21, 2017, as reflected in the records of the Board. Factual Allegations RE: Docket No. 2015-16

2.

The Board received an administrative complaint dated September 18, 2015, assigned as Complaint No. 2015-16, in which RESPONDENT was the subject, submitted by Laura Schmid-Pizzato, LCSW, alleging unprofessional and unethical conduct due to providing supervision to a person with whom RESPONDENT had a relationship and dual relationships with a supervisee. Specifically, Ms. Schmid-Pizzato alleged that she received a report that RESPONDENT, an employee of Pioneer Counseling Service in Evanston, Wyoming (“PCS”), had been providing supervision to Wanda Knight, PCSW. At the time, RESPONDENT and Ms. Knight were live-in sexual partners. Ms. SchmidPizzato also alleged that RESPONDENT did not have a supervision agreement with the Board while she was supervising Ms. Knight, who had been providing clinical services at PCS without an approved Board supervision agreement.

3.

Preliminary investigation disclosed that the Board received a supervision agreement from RESPONDENT on July 30, 2015, for Ms. Knight, which was approved it at that time.

4.

Board staff notified RESPONDENT of the administrative complaint (“NOC”) regarding possible violations of the Act and the Board’s Rules, seeking a voluntary response to the allegations.

DISCIPLINARY MATTER OF IVYSUE HRANAC, LCSW-882 -- Docket No. 2015-16 -- KS SETTLEMENT AGREEMENT, STIPULATION AND ORDER FOR LETTER OF REPRIMAND

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5.

On or about October 13, 2015, RESPONDENT provided a written response generally acknowledging the allegations and providing explanations. RESPONDENT also stated that although she submitted a supervision agreement, which was approved, she did not actually provide supervision to Ms. Knight.

6.

PETITIONER’s further investigation disclosed the following: a.

Statement dated December 21, 2015, by Jerry Greenfield, Executive Director of PCS, indicating that RESPONDENT submitted a supervision agreement to the Board, which was contrary to the understanding that Ms. Knight would obtain supervision independent of her employment at PCS. In addition, services provided by Ms. Knight had to be written off due to a lack of a proper supervisor.

b.

Communication with Mr. Greenfield on February 16, 2016, at which time he confirmed that RESPONDENT signed off on charts prepared by Ms. Knight involving PCS clients, which was prior to the supervision agreement submitted by RESPONDENT. The period of such supervision was from July 15 to September 22, 2015. The charts reflected that RESPONDENT signed them. Grounds for Disciplinary Action RE: Docket No. 2015-16

7.

Petitioner alleges that RESPONDENT’s above-described conduct as set forth in Paragraphs 2 through 6 hereinabove, inclusive, if established by clear and convincing evidence at a contested case hearing, constitutes violations of the Act found at Wyo. Stat. Ann. § 33-38-110(c)(iii) [unprofessional or unethical conduct]; and Wyo. Stat. Ann. § 33-38-110(c)(ix) [willful violation of any provisions of this act].

8.

Petitioner alleges that RESPONDENT’s above-described conduct as set forth in Paragraphs 2 through 6 hereinabove, inclusive, if established by clear and convincing evidence at a contested case hearing, constitutes separate and independent grounds for discipline pursuant to Chapter 15, Section 1 [Ethical Standards] of the Board’s Rules, practicing in a manner that is in the best interest of the public and does not endanger the public health, safety or welfare [Ch. 15, Sec. 1(g)(i)]; not supervising a provisional licensee without a board approved supervision agreement [Ch. 15, Sec. 1(g)(xxxi)]; and the Code of Ethics applicable to licensed clinical social workers [Ch. 15, Sec. 1(b)]; and National Association of Social Workers Code of Ethics (Effective 2008) adopted by the Board and specifically, Part 2, entitled “SOCIAL WORKERS’ ETHICAL RESPONSIBILITIES AS PROFESSIONALS” at Section 2.07, entitled “Sexual Relationships.” and Section 2.07(a) [social workers who function as supervisors should not engage in sexual activities or contact with supervisees over whom they exercise professional authority.] and Section 2.07(b) [social workers who function as supervisors should not engage in sexual activities or contact with supervisees over whom they exercise professional authority].

9.

Petitioner alleges that RESPONDENT’s above-described conduct as set forth in Paragraphs 2 through 6 hereinabove, inclusive, if established by clear and convincing evidence at a contested case hearing, constitutes separate and independent grounds for discipline pursuant to Chapter 16, Section 2 [Grounds (for Discipline)] of the Board’s Rules, including unprofessional conduct -- willful violation of any provision of the DISCIPLINARY MATTER OF IVYSUE HRANAC, LCSW-882 -- Docket No. 2015-16 -- KS SETTLEMENT AGREEMENT, STIPULATION AND ORDER FOR LETTER OF REPRIMAND

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Board’s Rules [Ch. 16, Sec. 2(a)(i)]; unprofessional conduct -- willful violation of any provisions of the Act [Ch. 16, Sec. 2(a)(xiv)]; knowingly submitting false information to the Board [Ch. 16, Sec. 2(a)(x)]; and unethical conduct based upon violations of adopted professional standards [Ch. 16, Sec. 2(b)]. 10.

Petitioner alleges that RESPONDENT’s above-described conduct as set forth in Paragraphs 2 through 6 hereinabove, inclusive, if established by clear and convincing evidence at a contested case hearing, constitutes separate and independent grounds for discipline pursuant to Chapter 18, Section 2 [Supervision] of the Board’s Rules, including to take all necessary precautions to avoid conflictual dual relationships in supervision [Ch. 18, Sec. 3(e)]; not supervising a provisional licensee without a board approved supervision agreement [Ch. 18, Sec. 6(b)]. Recommendations for Disciplinary Action RE: Docket No. 2015-16

11.

Violation of the foregoing statutory and rule provisions is subject to discipline, including suspension or revocation of RESPONDENT’s license as a Licensed Clinical Social Worker. Notwithstanding, in light of mitigating factors, PETITIONER has determined that a letter of reprimand is an appropriate alternative to the initiation of a formal disciplinary proceeding for other forms of discipline. PETITIONER further recommends that, at a minimum, within ninety (90) days of the effective date of this Agreement, RESPONDENT undergo and complete at least twelve (12) hours training or coursework in ethics, including emphasis in dual relationships, subject to the prior approval of the PETITIONER, in addition to any continuing education she is otherwise required to obtain. The training or coursework required by this Paragraph shall be completed by at least six (6) hours of live participation. In the event RESPONDENT does not provide documentation of completion of the coursework as provided above, RESPONDENT’s Licensed Clinical Social Worker License No. LCSW-822 should be suspended until completed or pending further order of the Board. RESPONDENT’s Representations Regarding this Agreement

12.

RESPONDENT represents that she has read this Agreement in its entirety, has had an opportunity to consult with counsel, fully understands the contents and requirements herein, and agrees to abide by the Order set forth herein, in lieu of a contested case hearing. By executing this Agreement, RESPONDENT waives her right to an administrative contested case hearing and all appeals in this matter pursuant to the WAPA [Wyo. Stat. Ann. §§ 16-3-101 et seq.], the Act, the Board’s Rules and Regulations, or any other applicable law or constitutional right.

13.

Due and proper notice of this matter has been afforded to RESPONDENT, and RESPONDENT agrees she has not been subjected to undue influence, pressure or coercion by RESPONDENT, the Board, its staff, or the Office of the Attorney General, and that she is entering into this Agreement under her own free will after having the opportunity to obtain advice from an attorney regarding the consequences of entering into this Agreement.

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14.

RESPONDENT further understands this Agreement shall be submitted to the Board which may either approve or reject the Agreement. Should the Board reject the Agreement, RESPONDENT shall have an opportunity to request a contested case hearing in accordance with the WAPA, the Act, and the Board’s Rules and Regulations. If the Board does not approve this Agreement and a contested case hearing takes place as a consequence, RESPONDENT further represents and agrees that she does not object to the Board’s hearing the case on the basis that the Board has become disqualified due to its review and consideration of this Agreement and its contents.

15.

By signing this Agreement, RESPONDENT agrees that her conduct, as set forth hereinabove, if proven as required by law, forms the basis for reporting as disciplinary action and shall become a permanent part of her record with the Board. By signing this Agreement, RESPONDENT further understands that this Agreement is a public record, and is, therefore, subject to reporting, disclosure, inspection and dissemination in accordance with all federal and state laws, as well as agreements with other jurisdictions or entities, and publication as provided below. CONCLUSIONS OF LAW

1.

Paragraphs 1 through 15 of the Findings of Fact are incorporated herein by reference. Jurisdiction

2.

The Board has jurisdiction in this matter and over RESPONDENT pursuant to the Act [Wyo. Stat. Ann. §§ 33-38-101 et seq.], the Board’s Rules and Regulations, and the WAPA [Wyo. Stat. Ann. §§ 16-3-101 et seq.]. Grounds for Disciplinary Action RE: Docket No. 2015-16

3.

The Board concludes that RESPONDENT’s above-described conduct as set forth in Paragraphs 2 through 6 of the Findings of Fact hereinabove, inclusive, if established by clear and convincing evidence at a contested case hearing, constitutes violations of the Act found at Wyo. Stat. Ann. § 33-38-110(c)(iii) [unprofessional or unethical conduct]; and Wyo. Stat. Ann. § 33-38-110(c)(ix) [willful violation of any provisions of this act].

4.

The Board concludes that RESPONDENT’s above-described conduct as set forth in Paragraphs 2 through 6 of the Findings of Fact hereinabove, inclusive, if established by clear and convincing evidence at a contested case hearing, constitutes separate and independent grounds for discipline pursuant to Chapter 15, Section 1 [Ethical Standards] of the Board’s Rules, practicing in a manner that is in the best interest of the public and does not endanger the public health, safety or welfare [Ch. 15, Sec. 1(g)(i)]; not supervising a provisional licensee without a board approved supervision agreement [Ch. 15, Sec. 1(g)(xxxi)]; and the Code of Ethics applicable to licensed clinical social workers [Ch. 15, Sec. 1(b)]; and National Association of Social Workers Code of Ethics (Effective 2008) adopted by the Board and specifically, Part 2, entitled “SOCIAL WORKERS’ ETHICAL RESPONSIBILITIES AS PROFESSIONALS” at Section 2.07, entitled “Sexual Relationships.” and Section 2.07(a) [social workers who function as DISCIPLINARY MATTER OF IVYSUE HRANAC, LCSW-882 -- Docket No. 2015-16 -- KS SETTLEMENT AGREEMENT, STIPULATION AND ORDER FOR LETTER OF REPRIMAND

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supervisors should not engage in sexual activities or contact with supervisees over whom they exercise professional authority.] and Section 2.07(b) [social workers who function as supervisors should not engage in sexual activities or contact with supervisees over whom they exercise professional authority]. 5.

The Board concludes that RESPONDENT’s above-described conduct as set forth in Paragraphs 2 through 6 of the Findings of Fact hereinabove, inclusive, if established by clear and convincing evidence at a contested case hearing, constitutes separate and independent grounds for discipline pursuant to Chapter 16, Section 2 [Grounds (for Discipline)] of the Board’s Rules, including unprofessional conduct -- willful violation of any provision of the Board’s Rules [Ch. 16, Sec. 2(a)(i)]; unprofessional conduct -willful violation of any provisions of the Act [Ch. 16, Sec. 2(a)(xiv)]; knowingly submitting false information to the Board [Ch. 16, Sec. 2(a)(x)]; and unethical conduct based upon violations of adopted professional standards [Ch. 16, Sec. 2(b)].

6.

The Board concludes that RESPONDENT’s above-described conduct as set forth in Paragraphs 2 through 6 of the Findings of Fact hereinabove, inclusive, if established by clear and convincing evidence at a contested case hearing, constitutes separate and independent grounds for discipline pursuant to Chapter 18, Section 2 [Supervision] of the Board’s Rules, including to take all necessary precautions to avoid conflictual dual relationships in supervision [Ch. 18, Sec. 3(e)]; not supervising a provisional licensee without a board approved supervision agreement [Ch. 18, Sec. 6(b)].

7.

The applicable statutory and rule provisions state in pertinent part as follows: MENTAL HEALTH PROFESSIONS PRACTICE ACT (Effective July 1, 2008) * * * Wyo. Stat. Ann. § 33-38-110. Prohibited acts; penalties. * * * (c) The board may . . . suspend, revoke or otherwise restrict licensure or certification under this act for any of the following causes: * * * (iii) Unprofessional or unethical conduct; * * * [and] (ix) Willful violation of any provisions of this act[.] *

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Chapter 15 of the Board’s Rules and Regulations [PROFESSIONAL RESPONSIBILITY] (effective June 2015) Section 1. Ethical Standards. The Board hereby incorporates into these rules by reference the following ethical standards of the professional organization representing each discipline: * * * [CONTINUED ON FOLLOWING PAGE] DISCIPLINARY MATTER OF IVYSUE HRANAC, LCSW-882 -- Docket No. 2015-16 -- KS SETTLEMENT AGREEMENT, STIPULATION AND ORDER FOR LETTER OF REPRIMAND

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(b)

(g)

National Association of Social Workers (NASW) “Code of Ethics”, adopted by the NASW Delegate Assembly and effective in 2008, found at: http://www.socialworkers.org/pubs/code/code.asp[.] * * * Persons licensed or certified by the Board shall: (i) Practice in a manner that is in the best interest of the public and does not endanger the public health, safety or welfare. * * * (xxxi) Ensure that they do not supervise a provisional licensee or a certificate holder without a board approved supervision agreement. *

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Chapter 16 of the Board’s Rules and Regulations [PROFESSIONAL RESPONSIBILITY] (effective June 2015) Section 1. Board Authorization. The Board is authorized to refuse to renew, or may deny, suspend, revoke or otherwise restrict the license or certification of any person violating provisions of the Act pursuant to W.S. 33-38110. Section 2. Grounds. The Board may take action for unprofessional or unethical conduct. (a) Unprofessional conduct shall include, but is not limited to: (i) Willful violation of any provision of these Rules[;] * * * (xiv) Willful violation of any provisions of this Act, W.S. 33-38-101, et. seq. (b) Unethical conduct shall be a violation of any provision of the adopted Professional Standards as set forth in these Rules. *

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Chapter 18 of the Board’s Rules and Regulations [SUPERVISION] (effective June 2015) Section 1. The Practice of a Designated Qualified Clinical Supervisor (DQCS). The DQCS assumes professional and ethical responsibility and may be sanctioned by the Board for all acts and omissions of the supervisee within the scope of the supervision. * * * Section 3. Role of a DQCS for all supervisee license types * * * (e) The DQCS will take all necessary precautions to avoid conflictual dual relationships in supervision. * * * Section 6. Limits of Supervision. DQCS must: * * * DISCIPLINARY MATTER OF IVYSUE HRANAC, LCSW-882 -- Docket No. 2015-16 -- KS SETTLEMENT AGREEMENT, STIPULATION AND ORDER FOR LETTER OF REPRIMAND

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(b)

Not supervise a provisional licensee or a certificate holder without a board approved supervision agreement[.] *

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APPENDIX B -- National Association of Social Workers Code of Ethics (Effective 2008) * * * 2. SOCIAL WORKERS’ COLLEAGUES

ETHICAL *

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RESPONSIBILITIES

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2.07 Sexual Relationships (a) Social workers who function as supervisors or educators should not engage in sexual activities or contact with supervisees, students, trainees, or other colleagues over whom they exercise professional authority. (b) Social workers should avoid engaging in sexual relationships with colleagues when there is potential for a conflict of interest. Social workers who become involved in, or anticipate becoming involved in, a sexual relationship with a colleague have a duty to transfer professional responsibilities, when necessary, to avoid a conflict of interest. *

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Disciplinary Authority of Board 8.

Pursuant to Wyo. Stat. Ann. § 33-38-110(c), the Board is authorized to take disciplinary action and “may refuse to renew, or may deny, suspend, revoke or otherwise restrict licensure or certification” related to a violation of the Act or the Board’s Rules and Regulations.

9.

Pursuant to Chapter 16, Section 1 of the Board’s Rules and Regulations, the Board “is authorized to refuse to renew, or may deny, suspend, revoke or otherwise restrict the license or certification of any person violating provisions of the Act pursuant to W.S. 33-38-110.”

10.

Pursuant to Wyo. Stat. Ann. 16-3-107(n) of the WAPA, the Board is authorized to make “informal disposition of any contested case by stipulation, agreed settlement, consent order or default.”

11.

The Board concludes, therefore, that violations of the foregoing statutory and rule provisions form the basis for disciplinary action of RESPONDENT’s license as a Licensed Clinical Social Worker. However, for the reasons expressed related to RESPONDENT’s recommendations described in Paragraph 11 of the Findings of Fact hereinabove, reprimand of RESPONDENT’s license as a Licensed Clinical Social Worker is an appropriate alternative to a disciplinary proceeding for the suspension or revocation of RESPONDENT’s license and appropriate pursuant to the aforementioned statutory and regulatory provisions.

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