Report on the August 2019 APA Council of Representatives meeting

The Council of Representatives (COR) meeting was held in Chicago on Aug. 6-9, 2019. At the plenary, APA President Rosie Phillips Davis and five individuals running for president (Jean Lau Chin, Steven Hollon, Jennifer Kelly, Susan Whitbourne and Robert Woody). The plenary also included an invited presentation by Luz Maria Garcini on relevant issues and research on the well-being of immigrants and refugees in preparation for the agenda item regarding the proposed issuance of a policy statement related to immigration and refugees. The inclusion of the presentation was well-received and lay the appropriate groundwork for a rich discussion and formulation of the resultant APA policy statement. The plenary also included a video of APA accomplishments in the past year since the COR Feb 2019 meeting, including but not limited to the release of the APA Strategic Plan, the hiring of the chief diversity officer the announcement of commitment to, and establishment of the Office of Applied Psychology.

The following provides an overview of COR meeting agenda items, including reports/updates, award announcements and items for vote/discussion from the meeting (Agenda item number indicated in parenthesis following the item). The full draft minutes of the August COR Meeting (PDF 706KB)opens in new window at the annual convention are provided by APA. The documents and guidelines mentioned in this report are also made available by APA. Although all of the items may be of general interest to psychologists, select items may be of particular interest to Div. 5 members (indicated with italics below).

The multi-day COR meeting, began with a Presidential Update from Rosie Phillips Davis, the CEO Update from Arthur Evans, and the Financial Report to Council by Jean Carter. The Presidential Update highlighted key initiatives during the term of Phillips Davis, including those related to addressing issues of deep poverty and PsycShorts, a strategy by which to enhance the public’s understanding of psychological science through the creation and dissemination of informative and engaging science videos. The CEO Update highlighted the work of APA with regard to the advancing of the Strategic Plan and the trial delegation of authority; the report highlighted institutional transformation processes, including strategic goals and objectives, and recent outcomes. The Financial Report to Council summarized the general financial state of APA; details regarding which were presented to COR through webinars prior to the meeting. COR was updated on the Trial Delegation of Authority. An oral summary of the update on the work of the Ethics Code Task Force was also provided (A written update was provided in the agenda book).

As usual, a Litigation Report was provided by APA General Counsel, on the nature and status of current litigation in which APA has been engaged, either as a party or as amicus curiae. Below is a brief overview of nonprivileged communication (adapted from the Aug. 7, 2019, report of General Counsel Deanne M. Ottaviano, provided to Council) related to new developments since COR Meetings in February. Although there were many cases discussed in the report that are of general interest to psychologists, three cases along with an update regarding litigation related to the Hoffman report are highlighted below.

APA as a Party: New Developments Since Feb. 2019

• The case of AERA/APA/NCME v. Public.Resource.Org, Inc. (U.S. Court of Appeals for the District of Columbia Circuit) regarding issues of copyright and “fair use” of educational standards developed by the American Educational Research Association (AERA), the APA, and the National Council on Measurement in Education (NCME) was discussed. After a ruling in February 2017 by a federal district judge that PublicResource.Org infringed on the copyright of educational standards developed by AERA/APA/NCME, the United States Court of Appeals for the District of Columbia Circuit reversed the summary judgment in July 2018 and held that the case needed to go back to the District Court for a more detailed analysis of the question of “fair use” As of Aug. 7, 2018, the case was back at the District court for a 2nd round of fact discovery, which was due to end on August 19. After discovery and the provision of briefings by the parties to the District Court, the expectation is for the District Court to set a date for oral argument sometime in early 2020.
• Litigation related to the Hoffman report (e.g., James et al., V. Hoffman et al.., CA0277735 (Second Appellate District) the status of cases in D.C., and Massachusetts was discussed. These cases relate defamation and/or false light lawsuits related to statements in the original Hoffman report, distribution of the report, and/or issuance of statements pertinent to the report. The D.C. lawsuit was stayed until Sept. 6, 2019, related to the parties’ mediation efforts, with a status conference scheduled for that date. Similarly, the Massachusetts lawsuit was stayed until Oct. 29, 2018, related to the parties’ mediation efforts, with as a status conference. 

APA as Amicus Curiae: New Developments Since Feb. 2019

• Moore v. Texas (U.S. Supreme Court). APA has been submitting amicus briefs in a case involving question of “whether a state can only use a non-clinical judicially development means of diagnosing intellectual disability or must be guided by consensus professional standards for diagnosis. ...In November 2018, APA submitted a third brief… on whether the Eighth Amendment and the Court’s decision in Moore (2017) prohibit relying on non-clinical criteria and lay stereotypes, rather than current medical standards, to determine whether a capital defendant is intellectually disabled… On February 19, 2018, the Supreme Court reversed the lower court’s decision and concluded that the standard used by the Texas Court did not comply with the Court’s prior decision in Moore’s case. In reaching its decision, the Court included multiple citations to APA’s briefs in this case.
• Watson v. Commonwealth of Virginia (Virginia Supreme Court). In the current case, “at issue is the exclusion of jury instructions regarding the psychological science related to the reliability of eyewitness testimony and the appropriateness of allowing psychologist expert testimony regarding research related to eyewitness confidence…” APA has previously submitted eight briefs regarding eyewitness reliability and, more specifically in two cases on the need for jury instructions on this topic. A brief was filed in June to Virginia Supreme Court.       

Awards and Recognition

Over the course of the multi-day COR meeting, there was Committee on Early Career Psychologists Recognition, American Psychological Foundation Recognition, recognition of Ronald H. Rozensky, one of the authors of the seminal Psychological Assessment in Medical Settingsopens in new window, as recipient of the Raymond D. Fowler Awardopens in new window for Outstanding Contributions to the APA, and Presidential Citations. The full list of 2019 Presidential Citations is available. Off-going COR were recognized as were deceased members of APA.

COR Items for Vote

Elections, Awards, Membership and Human Resources:

• Voting Privileges and a New Membership Category for Graduate Students (#3/Aug 2019). This proposed item was considered and generated much discussion over the course of the multi-day COR meeting. After discussion, amendments and deliberation, this final version of the item concerns a proposal for creation of a new membership category for graduate students and addresses voting privileges of graduate students and associate member. The final version of the item (Item 3) was approved by nearly three fourths (72 percent) of council members. Based on the results of this vote by COR, the general APA membership will be provided the opportunity to vote on the proposed change in APA bylaws for creation of the membership category of graduate students, and the conditions under which graduate students and associate members will be allowed to vote. Council members approved amendments to the APA bylaws and association rules that would create an official membership category for graduate students that specifically gives them voting rights after one year. Those rights include the ability to vote for president-elect, members-at-large of the board of directors, apportionment and bylaws amendments. In addition, council voted to change associate members’ waiting period for voting privileges from five years to one year. APA voting members will receive the ballot for both items on Nov. 1. Div. 5 members should pay careful attention to the invitation to vote on the proposed APA bylaw changes and changes to association rules. Enfranchising graduate students and associate members is considered as a viable strategy to further engage and encourage individuals in participation in the activities of the APA and the divisions.  

Organization of the APA

• Amendments to Association Rule 90-5: Agenda Planning (#6/Aug 2019). The proposed item was approved after discussion and friendly amendment to include the Executive Committee (99.4% Yes; 0% No, 0.6 % Abstain).
• Amendments to Association Rule 60-1.2: Council Leadership Team. (#7/Aug 2019). The proposed item was discussed in terms of pipelines to leadership, allowance for experienced individuals to be considered for CLT, and term restrictions. The item was approved (78.2% Yes; 19.4% No, 2.4 % Abstain).
• APA Policy Statement on Immigration. (#8A/Aug 2019). This proposed item was discussed, amended collaboratively and approved (98.2% Yes, 0% No, 1.3% Abstain). Council members knowledgeable in the relevant research, service provision, as well as those having experiential knowledge as immigrants and refugees worked with the authors of the original statement to generate the final version of the statement. The vote resulted in the publication and dissemination of the 2019 APA Immigration and Refugee Policy Statement, and the issuance of a call (Aug. 7, 2019) on lawmakers in congress and statehouses to ensure immigrants and refugees can access medical, mental health and social services.

Professional Affairs

• Council considered Amendments to Association Rules to Change the Composition of the Board of Professional Affairs (#15/Aug 2019): Approved (98.8% Yes; 1.2% No; 0% Abstain).

Public Interest

• Council discussed the APA policy the Resolution on Legal Liability Related to Confidentiality & Prevention of HIV Transmission (#19/Aug 2019): The two relevant motions a) archiving the 1991 policy, and b) adopting the 2019 resolution as policy were approved. (a: 94.6% Yes; 1.2% No; 4.2% Abstain; b: 91.7% Yes; 3.0% No; 5.4% Abstain).
• Council discussed and adopted as APA policy the Guidelines for Psychological Practice for People with Low Income and Economic Marginalization (#21/Aug 2019): Approved (98.2% Yes; 1.8% No; 0% Abstain).
• Council discussed and adopted as APA policy the Race and Ethnicity Guidelines in Psychology: Promoting Responsiveness and Equity (#22/Aug 2019): Approved (98.1% Yes; 0.2% No; 0.6% Abstain).

Supplemental New Business Item

• Council considered a new item calling APA to consider creating a task force to survey the literature for a public information campaign addressing racism, hate and discrimination. The council resoundingly approved this item: (100% Yes; 0% No; 0% Abstain).

COR Items Approved by Consent

Elections, Awards, Membership and Human Resources

• Election of Initial Fellows (#2/Aug 2019). Council voted to elect 95 members listed to initial Fellow status, on the nomination of the indicated divisions and on the recommendation of the Fellows Committee and the board of directors. New fellows of Div. 5 are: Craig Enders, Chris McVittieopens in new window and Jolynn Pekopens in new window.

Divisions and State and Provincial and Territorial Associations

• Request to Withdraw: Identify Language and Amend Association Rules 100-1.4 and 30-8 to Enhance APA and Division Position and Policy Statements (NBI #20B/Feb 2019) (#4/Aug 2019).

Organization of the APA

• Amendments to Association Rules Related to Archiving APA Policies (#5/Aug 2019).
• Amendments to Association Rule 90-5: Agenda Planning Group (#6/Aug 2019).
• Request to Withdraw: Resolution to Ensure Transparency in Association Reviews and Investigations (NBI #21A/Aug 2018) (#8/Aug 2019).

Educational Affairs

• Recognition of Biofeedback and Applied Psychophysiology as a Proficiency in Professional Psychology (#9/Aug 2019).
• Recognition of Serious Mental Illness Psychology as a Specialty in Professional Psychology (#10/Aug 2019).
• Recognition of Behavioral and Cognitive Psychology as a Specialty in Professional Psychology (#11/Aug 2019).
• Recognition of Clinical Neuropsychology as a Specialty in Professional Psychology (#12/Aug 2019).
• Recognition of Industrial and Organizational Psychology as a Specialty in Professional Psychology (#13/Aug 2019).
• Extension of Recognition of Clinical Child Psychology as a Specialty in Professional Psychology (#14/Aug 2019).

Scientific Affairs

• Amendment to Association Rule 140-6.1: Committee on Human Research (#16/Aug 2019).

Public Interest

• Resolution on Drug Abuse Treatment to Prevent HIV Among Injecting Drug Users. (#17/Aug 2019).
• Resolution on Neuropsychological Assessment & HIV Infection (#18/Aug 2019).
• Resolution on Combination Biomedical & Behavioral Approaches to Optimize HIV Prevention (#20/Aug 2019).   

International Affairs

• Request to Withdraw: Resolution to Amend and Clarify the Role of International Law for Psychologists Working Outside the United States (NBI#21B/Aug 2018) (#17/Aug 2019).

COR Agenda Items Concerning Business Pending and Information Items (#25-#36/Aug 2019)

Council was informed of the intention for items to be formulated and considered at upcoming council meetings.

• Guidelines for Psychologists Regarding the Assessment of Trauma for Adults (NBI 25A/August 2013).
• Healthcare Practice Guidelines Policy (NBI #13B/March 2018).   
• Police/Citizen Contact New Business Item from Peace Psychology Division Violence Summit (NBI 21A/Feb 2017).   

Information items included:

• Update on the Ethics Code Task Force (ECTF).
• Pilot Program Regarding Ethics Review of Felony Convictions on APA Applicants.
• Update on Recommendations Stemming from APA Commission on Ethics Processes.
• Update on Council Policy Manual – Automatic Sunset of Standards and Guidelines.
• Advocacy Coordinating Committee Report to Council.
• BEA/BPA Task Force to Develop Competencies for Students Completing Master’s Level Programs in Health Service Psychology.
• Update from Working Group Developing Guidelines on Key Considerations in the Treatment of PTSD/Trauma.
• Development of Clinical Practice Guidelines by APA.
• Update on the Task Force on Human Rights.
• 2018 Audited Financial Statements.