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Saturday, October 06, 2018

Tenther plus: Minnesota House Bill, one author without co-sponsors, and without a Senate parallel. One might call it unparalleled. Wardlow, 2011-2012 session. [UPDATED]

First actual as-submitted bill text, cringe-worthy writing:

[...]

Subd. 3. Statement of public policy. (a) The power to require or regulate a person's choice in the mode of securing health care services, or to impose a penalty related to that choice, is not found in the Constitution of the United States of America, and is therefore a power reserved to the people pursuant to the Ninth Amendment, and to the several states pursuant to the Tenth Amendment. The state of Minnesota hereby exercises its sovereign power to declare the public policy of the state of Minnesota regarding the right of all persons residing in the state in choosing the mode of securing health care services, which is consistent with the constitutionally recognized inalienable right of liberty, whereas every person within the state of Minnesota is and shall be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty.

(b) The policy stated under this section shall not be applied to impair any right of contract related to the provision of health care services to any person or group.

Subd. 4. Enforcement. The professional license of any officer of a court sitting within the state of Minnesota, who acts to impose, collect, enforce, or effectuate any penalty in the state of Minnesota that violates the public policy set forth in this section, shall be suspended for a period of one year.

2011-2012 session, HF 2842, online for all to see. This page.

You read that, scratch your head, and wonder what is meant when the individual keeps saying "rule of law." That was submitted into the house bill queue with the ACA as federal law, (commerce clause and all). In that context it is not an impressive thing, nope, not in any positive or constructive way. It gets the "Who wrote that" reaction, or should. And, finally, some cringe-worthy stuff has from time to time been posted on Crabgrass, cringe-worthy is admitted. I will wear a clown suit for my worse writing. Guess who I'd borrow it from.

Two facts:
On March 23, 2010, the Affordable Care Act (ACA) was signed into law.
03/14/2012 = date of Introduction and first reading of that Wardlow bill.

Tenthers do not have traction, under the actual "rule of law."

____________UPDATE____________
More on Wardlow's single legislative term, his "chief author" bills, this one introduced by Wardlow 04/26/2011. It stands out as crafted narrowly with two funnels for grandfathering into a counseling practice preferred license status, apart from the normal already enacted qualification criteria.

One funnel is length of practice, i.e., bill text referring to ongoing practice at a master's degree level starting before "August 1, 1991," a cutoff date looking as if deliberately chosen, basis unstated. The other funnel shows from a detailed examination of the wording of the bill. (Again no House cosponsor, again unparalleled in Minnesota's Senate, and again yet another Wardlow idea going nowhere).

The bill inescapably appears as if written specifically with some person(s) or clinic(s) in mind.

as introduced
[underlining shows proposed new text; italics emphasis added to original]

A bill for an act relating to health professionals; allowing license conversion for certain psychologists; amending Minnesota Statutes 2010, section 148.907, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 148.907, subdivision 4, is amended to read:

Subd. 4. Converting from master's to doctoral level licensure.
(a) To convert from licensure as a licensed psychologist at the master's or master's equivalent level to licensure at the doctoral level, a licensed psychologist shall have:

(1) completed an application provided by the board;
(2) had an official transcript documenting the conferral of the doctoral degree sent directly from the educational institution to the board;
(3) paid a nonrefundable fee;
(4) successfully completed one full year or the equivalent in part time of supervised psychological employment, which shall not include a predoctoral internship, after earning a master's degree or a master's equivalent in a doctoral program;
(5) successfully completed a predoctoral internship meeting the standards the board has established by rule; and
(6) earned a doctoral degree with a major in psychology from a regionally accredited educational institution meeting the standards the board has established by rule.

(b) The provisions of paragraph (a) shall not apply to a person who was licensed as a licensed psychologist with a master's degree or master's equivalent in a doctoral program prior to August 1, 1991, and subsequently earns a doctoral degree in psychology. The board shall convert the license to the doctoral level when the licensed psychologist has:
(1) completed an application provided by the board;
(2) earned a doctoral degree with a major in psychology from a regionally accredited educational institution;
(3) had an official transcript documenting the conferral of the doctoral degree sent directly from the educational institution to the board;
(4) paid a nonrefundable fee;
5) passed the examination for professional practice in psychology at the doctoral level; and
(6) actively and regularly practiced as a licensed psychologist based on a master's degree or master's equivalent in a doctoral program since August 1, 1991, and is in good standing with no disciplinary action pending before the board.

Key Wording: The added Wardlow text was trying to finesse away for some reason from the italicized existing text: "(6) earned a doctoral degree with a major in psychology from a regionally accredited educational institution meeting the standards the board has established by rule."

Dislike of regulatory rules as law is a trait Wardlow displays despite saying, almost too much, "rule of law" whenever he can. But that predilection fails to explain focus upon a single regulatory detail. Something else was afoot.

In general, regulatory law, after all is law, and most commonly is codified as rules. Creating "rule of law."

So what purpose is Wardlow expressing by narrowing his assault only to rules protecting the public from charletan psychological counseling?

As noted before quoting bill text, is there specificity to grandfathering in some person(s) already meeting his seemingly arbitrary degree-before-1991 and years of ongoing practice funnels to let a narrow stream bypass board "standards ... established by rule"?

In short, one can infer Wardlow's bill specificity was all about Marcus Bachmann: Readers may recall that during the time Wardlow served his term in the legislature Michele Bachmann was believing herself presidential and in Iowa bus touring accordingly:

June 22, 2011 --- By Maeve Reston

Rep. Michele Bachmann will make her 2012 bid for the Republican nomination official next week with an announcement tour that will start in her birthplace of Waterloo, Iowa, and continue with six stops in the critical early primary states of New Hampshire and South Carolina.

Advisors to the three-term congresswoman, who represents Minnesota's 6th district in Congress, believe Bachmann's connection to Iowa -- where she lived until the age of 12 -- will help her build support for the state's first-in-the-nation caucuses early next year.

Bachmann, per Dec. 21, 2011 Iowa reporting of her poking around by bus posing as presidential, had others at the time looking at her homophobic bias and looking into spouse Marcus Bachmann and who he was, along similar lines.

Marcus Bachmann oriented online items at the time included questioning of the validity of his "doctorate" degree, his fitness to practice, and his alleged pray-away-the-gay practice inclinations - with Minnesota riled up at the time by the Republican legislature's one-man, one-woman, Marriage Amendment (see end-of-session May 25, 2011, opining; the Republican aim being bypassing an expected Dayton bill veto by cooking up their ill-advised and ultimately failed ballot measure); e.g., as to Marcus Bachmann:

Monday, July 11, 2011
Bachmann’s Bluff

The following is listed in Dr. Bachmann’s bio as part of his educational credentials:
PhD – Clinical Psychology, Union Graduate School, OH.

My first question: Does Union Graduate School exist? The answer: it did exist at one time; it doesn’t exist any more. Here is a chronology of the School’s history.

The Union Graduate School traces its origins to 1964, when a consortium headquartered at the campus of Antioch College in Yellow Springs, Ohio, included a number of schools experimenting with alternative education philosophies. In 1969 the consortium was renamed the "Union for Experimenting Colleges and Universities", directing its focus toward providing educational opportunities for non-traditional students whose needs were best served by a non-residential college experience. The consortium also formed a graduate school called "The Union Graduate School", which offered a Ph.D. in Arts and Sciences.

However, in 1978, the consortium filed for bankruptcy, was later reorganized and eventually emerged from bankruptcy renamed as "The Union Institute" (1986). As the Union Institute, it continued to run its graduate school. In October, 2001, the consortium was dissolved, and The Union Institute was renamed the Union Institute & University, which began operating as a private university.

The Union Institute's Ph.D. program came under scrutiny by the Ohio Board of Regents in the late 1990s early 2000s which culminated in its 2002 Reauthorization Report. The report was critical of the Union Institute's Ph.D. program, noting in particular that " ... expectations for student scholarship at the doctoral level were not as rigorous as is common for doctoral work ... " (OBR 2002 Reauthorization Report, page 13) As a result, The Union was put on probation, the Union Graduate School was dissolved and the Ph.D. program was restructured. Formerly the Union had offered one Ph.D. program in Arts and Sciences. Its name and focus were changed and two other doctoral programs were broken out
• Doctorate in Education (Ed.D.)
• Psy.D. in Clinical Psychology

Currently, the formal title of the Union Institute and University’s Ph.D. degree is " Ph.D. in Interdisciplinary Studies." This title and the program reflect the original idea of the consortium of offering a non-residential Ph.D. program that avoided specialization and did not take as long to complete as a traditional program (originally it took a minimum of two years to complete). While there has been some confusion in the way Ph.D.s are titled, with many Ph.D.s being represented in particular fields, the Ph.D. at the Union Institute and University is and has always been a single Ph.D. and its concentration or specialization areas should not be confused with the degree itself.

What does all this mean? On his website Dr. Bachmann states he’s had 23 years experience. Simple math brings us to the year 1988. If Dr. Bachmann’s Ph.D. was completed prior to this date, he might have graduated from The Union Graduate School which offered ONLY a Ph.D. in Arts and Sciences. If he graduated later than 1986, then he would have graduated from The Union Institute (1986), or The Union Institute and University (2001) and his Ph.D. would have been in Interdisciplinary Studies.

If in fact Dr. Marcus Bachmann graduated from this institute, whatever it was named at the time, he would not have graduated with a Ph.D. in Clinical Psychology. The ONLY doctorate in Clinical Psychology was offered after 2001, and the degree is a Psy.D. (Doctor of Psychology) and not a Ph.D. (Doctor of Philosophy).

[...] To err is human; to forgive divine; to mislead is simply un-Christian.

In part cumulative, and in part introducing new perspectives, there is Gwaker in its way focusing on Marcus Bachmann's pray-away-the-gay version of discredited conversion therapy, and speculating on his sexuality, sexual orientation; and there is N.Y. Times, dispassionately reporting:

The Education of Marcus Bachmann -- By Sheryl Gay Stolberg July 18, 2011 5:52 pm

Dr. Bachmann, who runs two Christian counseling centers in the Twin Cities area, has been the subject of recent controversy, with some critics questioning his academic credentials. He has two advanced degrees, both aimed at preparing him for a career in counseling.

In 1988, he received a master of arts in community counseling from what was then CBN University – now Regent University — in Virginia Beach, Va., according to Mindy Hughes, a spokeswoman there. The school, established by Pat Robertson, the founder of the Christian Broadcast Network, describes itself as “founded on faith and charged with a unique mission: to equip the Christian leaders of tomorrow to fulfill their calling.”

In 1995, he received a doctorate in clinical psychology from what was then the Union Institute in Ohio (now known as Union Institute and University), which employs what Nicole Hamilton, a spokeswoman, described as “a hybrid model of face-to-face residencies and distance learning.” While Union currently offers a doctor of psychology degree, Ms. Hamilton said Dr. Bachmann’s degree is doctor of philosophy, or Ph.D., with “a concentration in clinical psychology.”

At both schools, Dr. Bachmann investigated the effects of day care on young children. As a parent himself — he was the father of five by the time he completed his graduate work, and his children were home-schooled when they were young — he had a vested interest in the question.

His thesis at CBN University was titled “Child Care Dilemma,’’ and concluded that full-time, nonparental day care “may increase the insecurity” of children younger than 18 months. It incorporated a biblical perspective and included quotations from Scripture.

“The biblical view of who is responsible for the care and training of children is clear,’’ Dr. Bachmann wrote. “God gives an imperative that parents have the job of shaping their children’s values. Parents are the persons responsible for the training and care of children. In Proverbs 22:6 the Bible speaks of ‘training up a child in the way he should go: and when he is old, he will not depart from it.’ ”

The Ph.D. dissertation was titled “Security Attachment of Children 48 to 60 Months of Age Enrolled in Institutionalized Day Care for the First Time From Home Care.’’

After reviewing the literature, Dr. Bachmann conducted his own study to test the hypothesis that a child’s “security attachment’’ to his parents is affected when he is enrolled in day care for the first time at age 4 or 5. But Dr. Bachmann wrote that he found limitations in his ability to conduct the research; his sampling was limited to day care centers “that appeared well-managed,’’ he wrote, because directors of poorly run centers declined to cooperate.

His conclusions were not clear; he noticed changes in some individual children, and suggested that future studies focus on variables that might account for those changes. For instance, he said, future researchers might develop a way to measure the effects of the home — including sibling dynamics, single- versus two-parent homes and the “spiritual environment” -– on a child’s sense of security.

As to Gawker's and other like-minded orientation speculation, Lloydletta's Nooz quite properly and effectively, noted:

Monday, July 04, 2011
Personal Thoughts on Perceived Sexuality

Hi all-

I know it's a holiday weekend but I need to share some disappointment I have with members of the LGBT and ally community because it reached a tipping point this morning.

In the past week I've had several people, including some from the LGBT activist community, make comments mocking the perceived sexuality of Marcus Bachmann. I find this completely unacceptable. Think about the terrible example being set for kids who overhear such intimations about Marcus Bachmann.

We oppose this exact kind of mockery and bullying in the schools because kids commit suicide over these exact same jokes and perceptions.

If, by some chance, Marcus Bachmann is living a lie we should have compassion and understanding. We know what it's like to live each day hiding truth and fearing discovery by others.

I respect your right to free speech, but I must speak out when I see injustice even when they injustice is levied against those who oppose all that I am.

So please, in the future, don't spout any of this crap in my presence because I don't want to feel the need to exercise my freedom of association and walk away.

Obviously Wardlow's reported homophobia should be free of any comparable intimations, and none are made here.

Presumably Michele Bachmann's and Wardlow's strong homophobia is based on extremist religious dogma each embraces, entirely so and not otherwise, and whether that level of extremism is well or ill-founded will be a factor in voter turnout and decision making in November.

Defeat by voters of the Republicans' Marriage Amendment as a part of the 2012 election suggests a majority of Minnesota voters disapprove of that level of extremist homophobia as unreasonable and ill-founded, allowing a guess to how such a factor will influence AG voting in the 2018 election.

GOTV among blocs will obviously factor into how the chips fall on election day.

Progressives in the DFL, the young inclined in a majority toward DFL progressive issue positions, union members, and regular long-term DFL advocates ranging from liberal to quite conservative need to bond if a Minnesota Blue Wave is to happen. Quite conservative DFL voters and candidates do exist, such as Joe Perske running in the SD 13 special election, and progressives should not forget that.

Perske likely is not the most conservative of DFL candidates and supporters, but he is among that part of the DFL party. It is a part of things that cannot be minimized or ignored. All embracing DFL candidates over Republican office seekers need to hope for and work toward a strong DFL GOTV success in November.

Perske's success in SD 13 is essential. The man clearly is less dogmatic than ones such as Wardlow, else he'd be a Republican, which he thankfully is not.

LAST: Cleaning up one detail, one of the quoted items mentioned "23 years ... 1988" for Marcus Bachmann's clinical practice at that time, i.e., ongoing since prior to August 1, 1991. With that gap in dating noted, it is possible some person(s) besides Marcus Bachmann was contemplated by Wardlow, or that he picked an inclusive date but one which might lessen any focus upon Marcus Bachmann's actual history. To learn more, one would also want to look at what regulatory criteria were, the rules in effect then which the Wardlow bill proposed to bypass; and such a step was not pursued for this post. Readers may know more, and certainly if press attention might result in direct questioning of Wardlow bill intentions, his motives might emerge. For now, alliance between the Bachmanns and Wardlow is not in any way an unreasonable presumption, given parallel beliefs.

______________FURTHER UPDATE_______________
One further note of clarity about the Bachmanns and Doug Wardlow:
Another link on Bachmann's clinic practice, here, links to a Nation item on Bachmann and conversion therapy. The current web entry on the Bachmann practice is online here, and makes no overt mention of conversion therapy.

Last, websearch to find a specific and direct tie between Michele Bachmann and Doug Wardlow was unsuccessful. Clearly there are similaities of perspective, with provocateur James Dobson a link, Alliance Defending Freedom operation has James Dobson as its founding angel and Bachmann is a self-identified Dobson acolyte. An image. An August 1, 2011 story (20th anniversary of the date in the Wardlow bill). Minnesota's Attorney General office, in turn, stands in peril of becoming yet another outpost of The Empire.

___________FURTHER UPDATE_____________
That was 2011. This is now. Let's avoid a throwback to less civil and less enlightened days. While we are at it, let's avoid Mike Pence.