Delaware Board of Nursing Minutes
September 13, 2006
Page 9
Cannon Building / STATE OF DELAWARE / Telephone: (302) 744-4500861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware 19904-2467 / Website: www.dpr.delaware.gov
DIVISION OF PROFESSIONAL REGULATION
PUBLIC MEETING MINUTES: Delaware Board of Nursing
MEETING DATE AND TIME: Wednesday, September 13, 2006
PLACE: 861 Silver Lake Boulevard, Conference Room A
Dover, Delaware
MINUTES APPROVED: October 11, 2006
MEMBERS PRESENT
Delaware Board of Nursing Minutes
September 13, 2006
Page 9
Lucille Gambardella, President, APN Member, Presiding
Wanda Cohee, LPN Member
Robert Draine, Public Member
Joyce Edwards, Public Member
Carolyn Hill, RN Member
Martha Hopkins, Public Member
Diana Padula, LPN Member
Cheryl Richter, RN Member
James Vanderwall, Public Member
Rebecca Walker, RN Member
Irene Washabau, LPN Member
Pamela Zickafoose, Vice President, RN Member
DIVISION STAFF/DEPUTY ATTORNEY GENERAL PRESENT
Allison Reardon, Deputy Attorney General
Iva Boardman, Executive Director
Debbie Heinsch, Administrative Specialist II
MEMBERS ABSENT
Martha Hopkins, Public Member
Margaret Ingram, LPN Member
David Mangler, RN Member
ALSO PRESENT
Maggie Akpau –
JoAnn Baker – Delaware Technical & Community College, Terry Campus
Connie Bushey – Beebe School of Nursing
Kathy Janvier – Delaware Technical & Community College, Stanton Campus
Suzanne Raab-Long – Delaware Healthcare Association
Saheed Rufai – Delaware Institute of Health Sciences, Inc.
JoAnn Schyler – Delaware Institute of Health Sciences, Inc.
Yvonne Stringfield – Delaware State University
Francis Tormen – Camtech, Inc.
CALL TO ORDER
Dr. Gambardella called the meeting to order at 9:04 a.m. Dr. Gambardella thanked Mr. Lawson for his tenure and dedication to the Board of Nursing, since his term has expired.
REVIEW OF MINUTES
The Board reviewed the minutes of the meeting held on July 19, 2006. Dr. Vanderwall made a motion, seconded by Ms. Hill, to approve the minutes with editorial corrections on page two and six. Ms. Cohee, Dr. Gambardella, Ms. Hill, Ms. Hopkins, Ms. Padula, Dr. Vanderwall, Ms. Walker, Ms. Washabau, and Dr. Zickafoose voted in favor. Mr. Draine, Ms. Edwards, and Ms. Richter abstained. The motion was carried.
ADOPTION OF THE AGENDA
Ms. Washabau made a motion, seconded by Ms. Padula, to adopt the agenda as presented. The motion was unanimously carried.
ACTIVITIES REPORT
The report was reviewed without action.
UNFINISHED BUSINESS
Application to establish PN Program – Delaware Institute of Health Sciences (formerly Majestique) Dr. Zickafoose, Ms. Washabau and Ms. Boardman made a site visit and requested that additional items be submitted for Board review. Members reviewed the submitted information. Dr. Zickafoose stated that one of the ongoing concerns is that the faculty members do not have previous teaching experience in nursing education. Currently, there seem to be five instructors for a class of 32 students. The requested information regarding who will be assigned to teach each course has not been presented. Dr. Gambardella indicated that the handbook was acceptable, but the faculty teaching experience continues to need to be addressed. The letter of agreement from Christiana Care Health System was not signed by an administrator as required. Members indicated that the following are needed: 1) objectives of the course outlines further developed; 2) facility letters of agreement for clinical use signed by administrators; and 3) teaching experience of faculty and assignments identified. Tabled, pending receipt of the additional information.
Application to establish PN Program – Leads School of Technology - Members indicated that after review of the requested information, the following is needed: 1) list of all faculty members with resumes; 2) organizational chart that shows faculty assignments;3) identification of the required passing score of the admission examination; 4) list of facilities with letters of agreement for clinical use signed by administrators; 5) identification of learning resources that includes more than required textbooks; 6) listing of textbooks as learning resources or library holdings with year of publication; and 6) clarification of the number of students to be admitted. Tabled, pending receipt of the additional information.
Status Report – Camtech, Inc. - Camtech, Inc is requesting an increase in student admission from 30 to 35 students due to potential attrition. After members voiced concern about an increase of students to 35 with four faculty members, Dr. Gambardella recognized Mr. Tormen to address the concern. He indicated that an additional faculty member has been hired which will ensure that there is no more than a 1:8 faculty/student ratio in clinical settings. Members reviewed a status report that included the admission packet. The following were identified as needing to be revised: 1) the demographic sheet asks for race, which needs to be designated as optional; 2) question #4 needs to be edited; 3) phone number is listed incorrectly; 4) the dress code regarding fingernails needs to be re-evaluated and 5) clarification regarding whether health or malpractice insurance is required. Ms. Washabau made a motion, seconded by Dr. Zickafoose, to grant approval for the increase in student admission to 35, contingent upon written receipt of the resume of the new faculty member who meets faculty requirements. Unanimously approved, motion carried. Classes are scheduled to begin on September 18, 2006.
JOINT PRACTICE COMMITTEE
Ms. Boardman reported that the committee met on August 29, 2006 and three applicants were reviewed and approved for prescriptive authority. Their names were forwarded to the Board of Medical Practice for final approval at their September 5, 2006 meeting. Dr. Zickafoose made a motion, seconded by Ms. Cohee, that Mr. Lawson remain a member of JPC as the Board’s appointed public member. Unanimously approved, motion carried.
PRESIDENT’S REPORT Dr. Gambardella reported that the APN Vision Paper prepared at National Council of State Boards of Nursing (NCSBN) will continue to be reworked with input from APNs across the country. Boards of Nursing in most states have jurisdiction over out-of-state nursing programs bringing students into the state for clinicals. It is becoming more difficult for clinical sites to meet the needs of instate schools as well as those from out-of-state. Pennsylvania schools especially use New Castle County facilities. The Board’s Rules and Regulations currently do not address this. Delaware faculty members must be approved to be in clinical sites and clinical sites must be approved before use by Delaware programs. The process should be similar for out-of-state programs. Dr. Gambardella suggested that the issue be reviewed by a subcommittee. The revised NCLEX-RN test plan for April 2007 was approved at the annual meeting and will be available on the NCSBN website after October 1, 2006. The more detailed report will be available in December for purchase.
EXECUTIVE DIRECTOR’S REPORT Ms. Boardman reported that she will be sharing with division representatives the monitoring recommendations for chemically impaired licensees passed at the NCSBN annual meeting for potential use for participants in the Voluntary Treatment Program. There are also plans to dialogue with nursing employers about how TERCAP, a tool to dissect practice breakdown, can be used in the workplace. Mr. Mangler is hoping to present information to members of the Delaware Organization of Nurse Executives (DONE) at a future meeting.
NEW BUSINESS BEFORE THE BOARD
Licensee Applicant Reviews
By Examination
Rebecca Gominger – RN applicant, who graduated in May 2001, asks for a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Dr. Vanderwall made a motion, seconded by Ms. Edwards, to grant approval to take NCLEX-RN. Upon successful examination results she must reappear before the Board as she does not meet the practice requirement. Unanimously approved, motion carried.
Tiffany Hunter - LPN applicant, who graduated in April 2006, asks for a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Dr. Zickafoose made a motion, seconded by Ms. Padula, to grant approval to take NCLEX-PN. Unanimously approved, motion carried.
Mohamed Kamara– RN applicant, who graduated in March 2005, asks for a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Applicant has had four unsuccessful attempts with NCLEX-RN in Pennsylvania. Dr. Zickafoose made a motion, seconded by Ms. Padula, to request written evidence of completion of the online review course taken by the applicant. Unanimously approved, motion carried.
Kristen Mashongamhende– RN applicant, who graduated in May 2006, asks for a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Ms. Washabau made a motion, seconded by Dr. Vanderwall, to grant approval to take NCLEX-RN. Unanimously approved, motion carried.
Colleen Organ – RN applicant, who graduated in December 2002, requests a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Ms. Washabau made a motion, seconded by Dr. Zickafoose, that applicant must take a review course prior to being made eligible to take NCLEX-RN. Unanimously approved, motion carried.
Jennifer Rineer– RN applicant, who graduated in May 2006, requests a waiver of Section 6.1.5 of the Board’s Rules and Regulations and had second degree forgery convictions in 1992. Ms. Reardon advised the Board that new legislation passed for all boards within the Division of Professional Regulation requires the Board to propose to deny licensure to an applicant with a criminal conviction of a crime listed in the Board’s Rules and Regulations. The applicant is entitled to a hearing. If a majority of a quorum of the Board finds that more than five years have elapsed since discharge of all imposed sentences, deems the applicant capable of practicing nursing in a competent and professional manner and determines that the granting of a waiver will not endanger the public health, safety and welfare, the Board may proceed with licensing. Mr. Draine made a motion, seconded by Ms. Richter, to propose to deny licensure. Unanimously approved, motion carried.
The Board determined that the recent legislation that imposes a five year bar from licensure requires a review of the crimes that were previously determined to be substantially related to Nursing. Rebecca Walker, Pam Zickafoose, Diana Padula, and Wanda Cohee volunteered to meet with Allison Reardon and Iva Boardman prior to the next Board meeting. All members were asked to review the list of crimes prior to the October meeting. Proposed changes to the current list of crimes in Section 15 of the Board’s Rules and Regulations will follow the required state rule making process of publication and a public hearing.
Samantha Russ- RN applicant, who graduated in May 2006, requests a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Ms. Washabau made a motion, seconded by Ms. Walker, to grant approval to take NCLEX-RN. Unanimously approved, motion carried.
Fasanmi Isijola - LPN applicant, who graduated June 2004, requests a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Dr. Zickafoose made a motion, seconded by Dr. Vanderwall, to grant approval to take NCLEX-PN upon receipt of documentation of completion of a review course. Unanimously approved, motion carried.
By Endorsement
Patricia Davis – RN applicant, with disorderly conduct charge in October 2004, seeks licensure approval. Ms. Richter made a motion, seconded by Ms. Edwards, to approve licensure since crime is not listed in Section 15 of the Board’s Rules and Regulations. Unanimously approved, motion carried.
Allen Fila - RN applicant, with convictions for DUI and harassment in 1978, seeks licensure approval. Dr. Zickafoose made a motion, seconded by Ms. Hill, to propose to propose to deny licensure with the opportunity for a hearing Unanimously approved, motion carried.
Michelle King – RN applicant, who failed to disclose on her application that she previously held a license in Louisiana which is suspended, seeks licensure approval. Dr. Zickafoose made a motion, seconded by Ms. Washabau, to propose to deny licensure with opportunity to a hearing due to applicant’s failure to disclose information related to a disciplined Louisiana license. Unanimously approved, motion carried.
Jan McLaren – RN applicant, with Florida license that is currently under investigation, seeks license approval. Application tabled, pending receipt of additional information regarding the investigation. Applicant will be put on notice that she has a duty to report any disciplinary action taken following the current investigation.
Ms. Reardon advised that many boards have language in their statutes regarding applicants under investigation by another licensing board. Members agreed that they would like to investigate similar legislative language.
Betty Riccardi – RN applicant has withdrawn her application for licensure.
Reinstatement
Advanced Practice Nurse
Cynthia Diefenbeck – Psychiatric/ Mental Health Clinical Nurse Specialist reinstatement applicant, who does not meet the practice requirement, seeks reinstatement of license. Applicant requests that the supervised practice hours earned during a clinical psychology doctoral program be recognized to meet the APN practice requirement. Ms. Richter made a motion, seconded by Ms. Padula, to require 600 hours of supervised practice under an APN or physician. Unanimously approved, motion carried. Tabled, pending receipt of collaborative agreement information and letter of agreement to supervise as specified in Section 8.11.2.2 of the Board’s Rules and Regulations.
Andrea Holecek – Oncology Clinical Nurse Specialist applicant, who has completed the Board’s required 600 hours of supervised practice, seeks license approval. Dr. Zickafoose made a motion, seconded by Ms. Padula, to approve licensure. Unanimously approved, motion was carried.
Cynthia Waddington –Tabled, pending receipt of written verification of completion of supervised practice hours.
Mary Zimny – Oncology Clinical Nurse Specialist applicant, who has completed the Board’s required 600 hours of supervised practice, seeks license approval. Dr. Zickafoose made a motion, seconded by Ms. Washabau, to approve upon clarification of her collaborative agreement. Unanimously approved, motion carried.
Valerie Tuck-Henry – Perinatal Nurse Practitioner applicant, whose specialty does not have a certification examination, has completed 1000 hours of supervised practice. Ms. Cohee made a motion, seconded by Ms. Hill, to approve licensure. Unanimously approved, motion carried.
Arnold Convento -GRNA applicant with two unsuccessful attempts with the certification examination, seeks a temporary permit extension. Applicant has been practicing from August 10th to date without a temporary permit. Members reviewed correspondence from Dr. Kenneth Silverstein, Anesthesia Services, P.A. in which he verified that Mr. Convento would practice under supervision of an anesthesiologist. Dr. Vanderwall made a motion, seconded by Ms. Hill, to approve a temporary permit extension. Unanimously approved, motion carried.