The On-Liner

July 2003 Edition


In this issue:


The LEAP Board meets the last month of each quarter. All applications (new and renewal) must be postmarked by the last day of the previous month in that quarter.(i.e. LEAP Board meeting June 18, the application must be postmarked May 31.) Applications are available by contacting Jo Yarbrough at or Midgie Brawley at

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David A. Hamby, Conference Chair

Announcing the 25th Anniversary of NC/EAPA's March Training Conference coming up March 10-12, 2004!!!! EAPs: The Silver Lining is our theme and was chosen to reflect our anniversary and the tasks we as EA Professionals face in helping our employee / employer clients in renewing hope and motivation after our country's recent trials.

New location for 2004 with a change to the Hyatt Charlotte at SouthPark. The Planning Committee is very excited about their facilities, their location and their staff's commitment to making our Conference a great success. This area has lots of great restaurants and shopping, as well as this Hyatt's fabulous food.

Speakers are being identified and contacted by Planning Committee members who will not only educate our membership, but help us as professionals renew ourselves and our efforts. Also, the Membership of NC/EAPA is being asked to submit proposals for presentations, through NC/EAPA listserv and On-Liner.

Our Silver Anniversary means there will be lots of special and fun events to commemorate this auspicious occasion. So plan to be there and contact me or any of the Planning Committee members with your ideas (704-355-5021 or e-mail

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Title and Practice Law & EAP Confidentiality/Privilege

The Legislative Committee was directed by the Board to investigate two issues related to EAP practice.

The first issue related to our current LEAP law that extends the title Licensed Employee Assistance Professional (LEAP) to those who meet qualifications with the LEAP Board. This means that only those individuals who meet the Licensure Board's qualifications can legally call themselves LEAPs.

The question under review was: do we move toward a new statute that would extend both "title and practice" to LEAPs? In this case, title and practice would mean that only those individuals who held the LEAP credential could provide EAP services. In other words, a title and practice law would prevent anyone other than a LEAP from providing EAP services in North Carolina in the same way that only a licensed psychologist can practice psychology.

It was the task of the Committee to review the various issues, obstacles, etc. and to make a recommendation to the Board as to whether or not it was feasible to pursue title and practice. This proved to be a very complex issue as the Committee looked at issues of member support, part-time and affiliate staff, scope of practice overlap with the other disciplines, mood of the current Legislature, financial constraints and limited resources. While it was the opinion of most Committee members that title and practice was desirable, in the end it was the matter of scope of practice overlap with the other disciplines and limited financial resources that proved to be most problematic.

In a very helpful discussion with Randolph Cloud and Jim Scarborough (our legislative advisors) and Sally Cameron, Director of the NC Psychological Association, it became clear that any successful attempt toward title and practice would require that we exempt the other disciplines from the statute. In the judgement of the Committee the result would be an empty law of no consequence other than to deplete our Chapter's finances.

The Legislative Committee's recommendation to the Board was to indefinitely table the issue of title and practice. The Board of Directors approved this recommendation.

The second issue before the Committee was "confidentiality of EAP records."

On the surface this seems simple, a given. But this too proved to be a very complex issue. The Committee continues to gather information on this topic in an attempt to get a better understanding of the multiple facets of this issue that many in our profession have taken for granted.

Two words require explanation: "confidentiality" and "privilege."

The term "confidentiality" refers to professional ethics. For example, the code of ethics for CEAP/LEAP, LCSW, LPC, etc. require strict adherence to standards of confidentiality. Most counselors presume that there is a state law that also requires confidentiality, but such is not the case in North Carolina.

The Committee's current understanding is that the only state statute that specifies confidentiality for counselors is the law that creates and regulates the public sector area mental health programs, its employees and contractors. There is no state law that guarantees confidentiality for counselor's records in the private sector. In other words, the only thing that stands between most EAP records and virtually anyone who wants to see them are our ethics.

"Privilege" is a term that relates to court testimony. There does exist a state statute that extends privilege to LCSW, LPC, HSP-P (psychologists), etc. but not specifically to LEAP. Privilege means a licensed counselor's records are "confidential" and can only be "opened" by order of a judge's subpoena. A LEAP who is also an LPC for example, would be extended privilege. A LEAP without other credentials, probably not.

HIPAA further complicates the issue of confidentiality.

First, many EAPs are not HIPAA compliant. Therefore, no help from HIPAA. If an EAP is HIPAA compliant, confidentiality is a requirement and is spelled out under the EAP's Notice Of Privacy Practices.

The problem is that most EAPs operate under self-imposed and more stringent confidentiality practices than required by HIPAA. For instance, HIPAA specifies that releases are not required for payment, treatment or health care operations, yet most EAPs obtain a release before making a referral to a treatment provider.

HIPAA has also brought about the infamous Business Associate agreement. Underneath all the legalese, it basically states that the parties can share protected (confidential) health information without client release. It is hard to imagine an EAP doing so. But again, we're only protected by our ethics.

HIPAA regulation does specify that when stricter state or federal regulation does exist, the more stringent law does apply. For example, 42CFR, the federal substance abuse regulations, would prevail over HIPAA. In North Carolina, however, we are not fully protected by more stringent state law relating to general confidentiality. Many other states do have such laws.

It was the recommendation of the Legislative Committee that NC/EAPA join with the other counseling disciplines to pursue the establishment of a Legislative Study Commission to explore the issue of confidentiality of records and the feasibility of a jointly sponsored bill to put more stringent regulation in place. The Board of Directors approved this recommendation.

The Legislative Committee members are John Howard, chairperson, Joan Radford, Frank Horton, Midgie Brawley, Ray Robbins, Andy Silberman and Paula Edwards. If anyone can contribute to the further clarification or understanding of the confidentiality issue, please contact a member of the Committee.

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Please visit the Jobs page of this site to view the latest job postings! Remember, if you have a job opening you'd like to have listed, please contact Andy Silberman at

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The search continues to recruit members to help market and promote NCEAPA! Remember, by promoting EAP and educating the professional community, we can continue to attract new members and boost attendance at our conferences.

We will continue to have NCEAPA merchandise for sale on a year round basis, and I will also have merchandise available at each of our quarterly conferences. I have included the price list of items for sale below; remember prices do NOT include postage and handling and supplies are limited—SO DON'T DELAY AND ORDER TODAY! Please contact me should you wish to purchase any items or wish to assist with the Outreach Committee!


Denim Shirts (small/large) $30 each     Canvas Tote Bag (white w/blue trim) $20 each
Gym Bag (red) $20 each Garment Bag (red) $20 each
Attache Cases (brown) $10 each Portfolios (brown - black) $10 each
Travel Mugs $8 each Business Card Holders (black) $3 each
Calculators $8 each Stress Ball $1 each

Eileen G. Hodiak, LCSW
Outreach Committee Chairperson
Work #(910) 693-3603 or toll-free #1-888-278-4595

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The NC EAPA Membership Directory is in the process of being updated. It will be sent out to the membership on the listserv on a quarterly basis, so members can review their information and make corrections if needed. Corrections can be sent to me via email at The most recent copy of the directory will be on the listserv in August.

Members can update their information with International EAPA by going to their web site at, calling the Membership Development Manager, Wendy McIntyre at 703-387-1000 ext. 333, or contacting Wendy via email at

Unfortunately, in order to change your contact information, members need to contact both International and our local chapter.

If anyone is not able to open the NC Directory in the Excel program, please email me with a request for a hardcopy to be mailed to you. Keeping your information up to date with both NC and International EAPA is important, enabling you to continue to receive information on upcoming training, educational information and membership updates.

NC EAPA currently has about 140 members, so the directory will provide a way to contact and network with other EA Professionals. I am also currently working on adding lapse dates to the directory so that members will be aware of when your membership is coming up for renewal.

Please feel free to contact me with questions or concerns about your membership.

Dawn Klug

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The Liner is now completely electronic. In order to be notified when the latest edition is available on the Web site you will need to make sure Andy Silberman has your correct email address. If your email address changes or if you want to be added to the listserv, contact Andy at

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Critical Incident
Work/Life:;; and
Stress Management:
Substance Abuse/Dependency:

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NCEAPA Chapter Officers
Your Chapter Officers (L-R): Jay Hale, Treasurer, Martha Ausman, Secretary;
Joan Radford, President; Karen Molli, Vice President


May 15, 2003
Wilmington Treatment Center
Wilmington, NC

Joan Radford, President, called the meeting to order and welcomed new attendees. First time attendees were John Sutton with Cape Fear Valley and Kayce Lee, a student.

  1. President's Report – Joan Radford

    • Updates emailed – Joan said that feedback shows that everyone likes the information on both chapter and national level that Joan sends out periodically by email.
    • Joan encouraged everyone to go to the EAPA national website frequently for information on EAPA.
    • Strategic Planning Meeting – Joan informed everyone that the Board had its Strategic Planning meeting yesterday. Much time and energy was spent making deep budget cuts this year by greatly reducing expenses. An example given was our meeting being held at the Wilmington Treatment Center which saves the Chapter money but also allows us to see the Wilmington Treatment Center and meet some of their personnel. We will look for other sites for future meetings instead of spending so much money on hotels.
    • Membership Problems with EAPA – Joan said that if members have a problem with renewing membership, please contact either Dawn Klug or herself for assistance.
    • International EAPA has asked all chapters to make efforts to increase membership and revenues by 10%.
    • Joan stated that our Board is implementing changes in our Outreach and Technologies committees as well as other possible changes in our Operations Manual.

  2. Treasurer's Report – Jay Hale

    • March Conference – Jay reported that we had 140 attendees (89 paid registrations, 30 waived, and 21 exhibitors). The Conference had revenues of $26,040 and expenses of $23,641.35, creating a profit of $2,398.65. Jay stated that the profit was less than in the past and the Board is recommending to the March Conference committee to look for ways to cut expenses in order to increase profits without having to increase registration fees. Attendance was down this year.
    • Budget for year 2003/04 – Jay reported that the Board approved a balanced budget for fiscal year 2003/04 of $32,750.
    • Jay reported that the Chapter is in good financial standing.

  3. District II
    Joan thanked the Chapter for sending Karen Molli and herself to the District II Chapter Officers' Retreat in Biloxi, Mississippi, April 5-6th. She stated that she has emailed all members on the listserv a report on the Officers' Retreat.

  4. Standing Committee Reports

    1. Legislative and Public Policy – John Howard
      In John's absence, Joan Radford reported the following:

      • Practice License – John Howard and Joan Radford met with Randolph Cloud and Sally Cameron and discussed title and practice licensure. They recommended that the Chapter not pursue title and practice not only financial reasons but took into consideration the fact that to get a law passed we would have to exempt all licensed disciplines. The result would be an empty law of no consequence.
      • Confidentiality of Records – John's committee will research with other disciplines and look into the possibility of jointly introducing a bill in 2005 to strengthen the protection of confidentiality of records.
      • Survey – a short survey will go out to members to get a better handle on members' credentials.

    2. Membership – Dawn Klug

      • Dawn reported that membership is at approximately 141. Ten applications have been sent to interested applicants.
      • The updated Membership Directory was sent to all members on the list serve. The Directory will be updated quarterly.
      • Dawn reminded members that if their membership lapses, they are removed from the national membership list and will lose access to the national EAPA website, and it will take 45-60 days to renew again.
      • Dawn stated that national EAPA members who do not have chapter membership are placed in national's ZZ file. Dawn will be contacting all NC, SC and VA members in the ZZ file to encourage them to join the NC Chapter.

    3. Education & Training – Karen Molli
      Karen thanked Wilmington Treatment Center for hosting our conference and highlighted our speakers for the conference. Karen reported that the main concentration of chapter members is in the Charlotte and Raleigh areas. Because of increasingly low attendance at the Boone conference, we discontinued holding conferences in Boone last year. Attendance continues to decrease at the Wilmington conference in May. Karen has suggested to the Board that in the future we concentrate on the Charlotte and Raleigh locations only for our conferences. Karen is looking for facilities to host future conferences in Charlotte and Raleigh instead of using hotels. The August conference will be held in Raleigh and the topics will be Domestic Violence in the Workplace and Legislative Policy.

    4. Research and Information – Miriam Bundy
      No report.

    5. Outreach – Eileen Hodiak
      The Outreach Committee is currently seeking new members. It is looking for ways to promote advertising. It is also concentrating on selling the EAPA merchandise it has in stock.

    6. By-Laws – Elaine Jenkins
      Elaine reported that the Board is currently in the process of updating its Operations Manual, and Elaine will coordinate any changes with national EAPA.

    7. New Technologies – Andy Silberman
      Andy reported that New Technologies has been renamed Technologies Committee. It is responsible for the NC EAPA website and the listserv, which has 119 members. The listserv is the primary means to communicate with members and the only way now to get access to The Onliner. The Technologies Committee will draw up general guidelines around the use of the listserv and those guidelines will be forthcoming. The Onliner information/articles will now be sent directly to the Technologies Committee Chair.

    8. Diversity – Marilyn Raines
      The December 2003 program will have the same two speakers that were scheduled for last December but cancelled due to ice and snowstorms.

    9. Certification – Jim Cooper
      No report.

    10. Standards and Ethics – Cliff Morgan
      No report.

  5. Special Committees

    1. Scholarship – Karen Molli
      Karen reported that we granted one scholarship for the May Conference and that scholarship went to a student, Kayce Lee. Karen reminded everyone that a scholarship is available for each conference.

    2. Awards – Andy Silberman
      Andy conducted the drawing for a free registration at the March Conference 2004. The winner was Cecile Broadhurst. The runner-up was Charles Cooper.

    3. March Conference – Karen Molli
      The March Conference committee for 2004 has been formed and has held its first meeting. Karen announced that there will be changes. Some of the changes might possibly be in the hotel as the committee is looking at several other hotels in order to reduce expenses. Due to food being a major expense, the committee is looking at ways to reduce the food costs. The high caliber of the conference will be maintained.

  6. New Business
    Joan Radford announced that nine names have been submitted to the State Governor's Office to fill the three opening on the LEAP Board. Midgie Brawley reminded members that LEAP renewals are coming up and that LEAPs must have current CEAP certifications in order to maintain their LEAP licensure.

    Joan announced that Patrice Alexander's husband died this week.

With no further business, Joan Radford adjourned the meeting.

Respectfully submitted,
Martha Ausman, CEAP, LEAP
Secretary NC/EAPA Chapter

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