OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS. 5-27-2015

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held May 27, 2015 at 10:00 a.m. The meeting location was at the Shepherd Mall Office Complex, 2401 NW 23rd, OSBELTCA Conference Room, Oklahoma City, Oklahoma. Ms. Susan Barnes, Chair,presided over the meeting.

Advance notice of this regularly scheduled meeting was transmitted to the Oklahoma Secretary of State on October 30, 2014 and posted on the OSBELTCA website on May 26, 2015. The agenda was posted in a prominent public view on the front doors of the Shepherd Mall Office Complex located at 2401 NW 23rd, Oklahoma City, Oklahoma onMay 26 at 9:00 a.m.

MEMBERS PRESENT

Ms. Susan Barnes, Chair, Edmond

Mr. Bill Pierce, Vice-Chair, OK

Ms. Nancy Poteete, Sec-Treasurer, Norman

Mr. Curtis Aduddell, OK City

Ms. Nancy Atkinson, OK City

Ms. Pat Bean, OK City

Dr. Scott Calhoon, OK City

Ms. Georgia Devening, Choctaw

Ms. Lisa Pever, OK City

Ms. Nancy Pfeifer, Tulsa

MEMBERS ABSENT

Mr. Brett Coble, Ardmore

Ms. Susan Haws, Glenpool

Ms. Jacki Millspaugh, OK City

Mr. Bill Weaver, OK City

OTHERS PRESENT

Mr. Gaylord Z. Thomas, Executive Director

Ms.Tiffany Wythe, Assistant Attorney General

Ms. Ginger Dean

Ms. Pam Duren

Mr. Matt Stangl

Mr. Ed Hendrix

Ms. Becky Moore

Mr. Ruben Bearer

Ms. Melissa Holland

Ms. Jennifer Lake

Ms. Heather Kay

Mr. Robert Arrington

Ms. Rebecca Murray-Glasgow

Ms. Susan Barnes, Chair,called the meeting to order and stated that we were in compliance with the Open Meeting Act and Authority.

Ms. Barnes asked Ms. Pam Duren to call roll to establish a quorum.

Present were Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete,Ms. Pat Bean, Ms. Nancy Pfeifer and Mr. Bill Pierce. There was a quorum.

Ms. Susan Barnes asked the public to introduce themselves to the Board members.

Ms. Susan Barnes asked the Board members to review the minutes of the 4-22-15Board meeting.

Motion was made by Mr. Bill Pierce, seconded by Ms. Nancy Poteete, to approve the minutes of the 4-22-2015 Board meeting. Motion carried with voting as follows: Affirmative –Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Beanand Mr. Bill Pierce. Negative – None. Abstaining – Ms. Nancy Pfeifer.

Mr. Curtis Aduddell, Chair of the Education Committee, gave the Education Committee report.

Mr. Aduddellled the review, discussion and possible action regarding granting the request of a Nursing Home Administrator’s license.

Mr. Aduddellinformed the Board that Mr. Robert Arrington met the requirements for becoming a Nursing Home Administrator.

Motion was made by Mr. Curtis Aduddell, seconded by Mr. Bill Pierce, to approve Mr. Robert Arrington as a Nursing Home Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean,Ms. Nancy Pfeifer and Mr. Bill Pierce. Negative – None. Abstaining – None.

Mr. Aduddellinformed the Board that Mr. Ruben Bearer met the requirements for becoming a Nursing Home Administrator.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to approve Mr. Ruben Bearer as a Nursing Home Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean,Ms. Nancy Pfeifer and Mr. Bill Pierce. Negative – None. Abstaining – None.

Mr. Aduddellinformed the Board that Ms. Rebecca Murray-Glasgow met the requirements for becoming a Nursing Home Administrator from endorsement.

Motion was made by Mr. Curtis Aduddell, seconded by Mr. Bill Pierce, to approve Ms. Rebecca Murray-Glasgow as a Nursing Home Administrator from endorsement. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean,Ms. Nancy Pfeifer and Mr. Bill Pierce. Negative – None. Abstaining – None.

Mr. Aduddellled the review, discussion and possible action regarding granting the request of a Residential Care/Assisted Living Administrator’s License.

Mr. Aduddell informed the Board that Ms. Shaye Donicamet the requirements for becoming a Residential Care/Assisted Living Administrator.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to approve Ms. Shayne Donicaas a Residential Care/Assisted Living Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean,Ms. Nancy Pfeifer and Mr. Bill Pierce. Negative – None. Abstaining – None.

Mr. Aduddellinformed the Board that Ms. Jennifer Lake met the requirements for becoming a Residential Care/Assisted Living Administrator.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to approve Ms. Jennifer Lake as a Residential Care/Assisted Living Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean,Ms. Nancy Pfeifer and Mr. Bill Pierce. Negative – None. Abstaining – None.

Licenses were presented at this time.

Mr. Curtis Aduddellled the review, discussion and possible action regarding the following requests for continuing education for Long Term Care Administrators:

Oklahoma Foundation of Medical Quality, OK City, OK

Improving Clinical Care: Falls & Pain Management

6-16-15, Eastern OK ST College, McAlester

6-23-15, Tulsa Tech Center-HSC Campus, Tulsa, OK

6-24-15, Francis Tuttle-Rockwell Campus, OK City, OK

(This program will be repeated in 3 regional locations)

Adm may attend only one seminar for CEUs

Requesting 6 CEUs

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to approve the aforementioned program for continuing education for Long Term Care Administrators.Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean,Ms. Nancy Pfeifer and Mr. Bill Pierce. Negative – None. Abstaining – None.

OK ST Department of Health, OK City, OK

Legends of the Fall, 2015 Long Term Care Provider Training

6-18-2015, OU Schusterman Center, Perkins Auditorium, Tulsa, OK

7-23-2015, Moore Norman Tech Center, South Penn Campus, OKC, OK

Adm may attend only one seminar for CEUs

Requesting 6 CEUs

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to approve the aforementioned program for continuing education for Long Term Care Administrators. Motion carried with voting as follows: Affirmative –Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean,Ms. Nancy Pfeifer and Mr. Bill Pierce. Negative – None. Abstaining – None. Recuse – Ms. Nancy Atkinson.

Dr. Scott Calhoon arrived at 10:17 a.m.

OK ST University, OKC, OK

Fall 2015 Long Term Care Administrator Continuing Education

9-25-15-3 CEUs, 11-6-15-3 CEUs, 12-11-15-3 CEUs & 1 CEU

OSU-OKC, West Education Center, 900 N. Portland Ave, OKC, OK

Administrator may attend one or more of the four classes for a total of

1 to 10 CEUs

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to approve the aforementioned program for continuing education for Long Term Care Administrators. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean,Ms. Nancy Pfeifer and Mr. Bill Pierce. Negative – None. Abstaining – Dr. Scott Calhoon.

Green Country Health Care Association, Tulsa, OK

Regulatory and Survey Deficiency Updates

TiAmo, 6024 S. Sheridan, Tulsa, OK

06-09-2015

Requesting 1 CEU

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to approve the aforementioned program for continuing education for Long Term Care Administrators. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean,Ms. Nancy Pfeifer, Mr. Bill Pierce and Dr. Scott Calhoon. Negative – None. Abstaining –.None.

Ms. Tiffany Wythe, Assistant Attorney General for the Board, led the discussion regarding the scope of discussion when voting on Agreed Orders or Probable Cause Committees recommendations. A memo had been distributed within the Board members packet for prior review. In summary, when the Board considers the Probable Cause Recommendation or Agreed Order, the Board should only be given the information absolutely necessary for the Board’s ruling. For the Probable Cause determination, a very short summary can be given addressing the origination of the report, the facts at issue, whether the facts were substantiated after the investigation and why the committee is recommending no probable cause to be found. For Agreed Orders, the discussion should be limited to the facts as presented in the Agreed Order. It was decided to keep this Item on the agenda for next month also, since we had several Board members that were unable to attend this meeting. Discussion followed.

Mr. Matt Stangl, Prosecutor for the Board, gave the report regarding the following CEU Cases Only:

A15-026(B)

D15-031(B)

D15-032(B)

Mr. Stangl informed the Board that the above cases were due to the CEU audit findings and informed the Board of their names and penalties.

Mr. Matt Stangl, the Board’s Prosecuting Attorney, led the review, discussion and possible action regarding OSBELTCA v.LEW SKAGGS, License No. 3227 , Case No. 15-19(B) Possible Evidentiary Hearing on Complaint; Possible Executive Session Pursuant to 25 O.S. Supp. 2009, §307(B)(8); Possible Board Action.

Summaries of the Settlement Agreement had been previously distributed.

The Settlement Agreement stated that Mr. Skaggs voluntary surrender his Nursing Home Administrator license and pay attorney fees.

Motion was made by Mr. Bill Pierce, seconded by Mr. Curtis Aduddell, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean,Ms. Nancy Pfeifer, Mr. Bill Pierce and Dr. Scott Calhoon. Negative – None. Abstaining –None.

Mr. Matt Stangl, the Board’s Prosecuting Attorney, led the review, discussion and possible action regarding OSBELTCA v. PHILLLIP SIMMONS, License No. 3321 , Case No. 14-123(HB) Possible Evidentiary Hearing on Complaint; Possible Executive Session Pursuant to 25 O.S. Supp. 2009, §307(B)(8); Possible Board Action.(BC,NP)

The Settlement Agreement stated that Mr. Simmons receive a Letter of Reprimand, pay a fine of $500.00 along with attorney fees and complete 6 CEUs in the area relating to protection of residents, approved by the Executive Director, within 120 days of the date the agreement is signed.

Motion was made by Ms. Nancy Poteete, seconded by Ms. Lisa Pever, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative –Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean,Mr. Bill Pierce and Dr. Scott Calhoon. Negative – None. Abstaining –Ms. Nancy Atkinson and Ms. Nancy Pfeifer.

Mr. Matt Stangl, the Board’s Prosecuting Attorney, led the review, discussion and possible action regarding OSBELTCA v. LUCRETIA ARLENE SMITH, License No. 1471, Case No. 14-136(HB) Possible Evidentiary Hearing on Complaint; Possible Executive Session Pursuant to 25 O.S. Supp. 2009, §307(B)(8); Possible Board Action. (BW, NP)

The Settlement Agreement stated that Ms. Smith receive a Letter of Concern, pay a fine of $500.00 along with attorney fees and complete 6 CEUs in the area relating to incident reporting/abuse, approved by the Executive Director, within 180 days of the date the agreement is signed.

Motion was made by Ms. Nancy Poteete, seconded by Mr. Curtis Aduddell, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative –Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean,Mr. Bill Pierce and Dr. Scott Calhoon. Negative – None. Abstaining –Ms. Nancy Atkinson and Ms. Nancy Pfeifer.

Mr. Matt Stangl, the Board’s Prosecuting Attorney, led the review, discussion and possible action regarding OSBELTCA v. ROY RALPH NICHOLS, License No. 2867, Case No. 14-134(HB) Possible Evidentiary Hearing on Complaint; Possible Executive Session Pursuant to 25 O.S. Supp. 2009, §307(B)(8); Possible Board Action. (GD, JM)

The Settlement Agreement stated that Mr. Nichols receive a Letter of Concern, pay a fine of $500.00 along with attorney fees and complete 6 CEUs in the area relating to protection of residents, approved by the Executive Director, within 120 days of the date the agreement is signed.

Motion was made by Ms. Nancy Poteete, seconded by Ms. Nancy Pfeifer, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative –Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Nancy Poteete, Ms. Pat Bean,Ms. Nancy Pfeifer, Mr. Bill Pierce and Dr. Scott Calhoon. Negative – None. Abstaining –Ms. Nancy Atkinson and Ms. Georgia Devening.

Mr. Matt Stangl, the Board’s Prosecuting Attorney, led the review, discussion and possible action regarding OSBELTCA v. JAMES ROBERTSON, License No. 802, Case No. 14-44(H) Possible Evidentiary Hearing on Complaint; Possible Executive Session Pursuant to 25 O.S. Supp. 2009, §307(B)(8); Possible Board Action. (SH,NP)

The Settlement Agreement stated that Mr. Robertson receive a Letter of Concern, pay a fine of $1000.00, along with attorney fees and complete 6 CEUs in the area relating to human resources and/or protection of residents, approved by the Executive Director, within 120 days of the date the agreement is signed.

Motion was made by Dr. Scott Calhoon, seconded by Ms. Lisa Pever, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative –Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening and Dr. Scott Calhoon. Negative – Ms. Nancy Poteete. Abstaining – Ms. Nancy Atkinson, Ms. Pat Bean, Ms. Nancy Pfeifer and Mr. Bill Pierce.

Ms. Nancy Poteete, Chair of the Finance Committee, informed the Board that the financialsummary was in their packet and that Mr. Gaylord Z Thomas, our Executive Director, had been really generous and gave the Board members the entire Summary of Receipts and Disbursements Report. Ms. Poteete stated that the Board’s surplus had been left untouched which was verygood news, especiallysince the Board would need to be spending some of the money soon. Discussion followed.

Mr. Gaylord Z. Thomas led the review, discussion and possible action regarding the approval of the FY 2016 Budget Report. Discussion followed.

Motion was made by Ms. Nancy Pfeifer, seconded by Ms. Pat Bean to approve the FY 2016 Budget. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean,Ms. Nancy Pfeifer, Mr. Bill Pierce and Dr. Scott Calhoon. Negative – None. Abstaining –.None.

Mr. Gaylord Z. Thomas led the review, discussion and possible action regarding the Probable Cause Committee Report.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 141-148(HB) but they receive a letter of concern.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to accept the recommendation of the Probable Cause Committee that there was no probable cause regarding the aforementioned case. Motion carried with voting as follows: Affirmative –Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Nancy Poteete, Ms. Pat Bean, Ms. Nancy Pfeifer, Mr. Bill Pierce and Dr. Scott Calhoon. Negative – None. Abstaining – Ms. Nancy Atkinson and Ms. Georgia Devening.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 15-22(BH).

Motion was made by Mr. Bill Pierce, seconded by Mr. Curtis Aduddell, to accept the recommendation of the Probable Cause Committee that there was no probable cause regarding the aforementioned case. Motion carried with voting as follows: Affirmative –Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Nancy Poteete, Ms. Pat Bean, Ms. Nancy Pfeifer, Mr. Bill Pierce and Dr. Scott Calhoon. Negative – None. Abstaining – Ms. Nancy Atkinson and Ms. Georgia Devening.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 15-16(P).

Motion was made by Mr. Bill Pierce, seconded by Ms. Nancy Poteete, to accept the recommendation of the Probable Cause Committee that there was no probable cause regarding the aforementioned case. Motion carried with voting as follows: Affirmative –Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Ms. Nancy Pfeifer,Mr. Bill Pierce and Dr. Scott Calhoon. Negative – None. Abstaining – Ms. Nancy Atkinson.

Ms. Susan Barnes announced that the election of officers would be coming up soon and appointed the Nominating Committee as follows:

Ms. Lisa Pever, Ms. Nancy Atkinson and Ms. Jacki Millspaugh.

Mr. Gaylord Z. Thomas, Executive Director, gave his report as follows:

  1. EXPANSION OF CONFERENCE ROOM: First hurdle completed; the GTARB (Governmental Technology Applications Review Board) approved our Telework Certification Request. Now looking at the timeline for this and working with the leasing office and Shepherd Mall. The current tenant is still paying their lease and the lease does not expire until November 30. This means we won’t be able to start any construction until December 1 at the absolute earliest (assuming approval). It’s possible that many of the updates to our budget won’t take effect until FY17 (we’re looking at the FY16 budget today). We could be a year out before we see the expansion.
  1. PRECEPTOR TRAINING: The self-assessment tool we developed for our AITs has been re-tooled to match the NAB’s new PPA (Professional Practice Analysis) and the various sub-tasks of the 5 Domains of Practice. A NAB committee has discovered our tool and they are actually going to purloin/plagiarize it as a NAB tool to help Preceptors around the country tailor a course of study for their AITs and it will become a part of the Preceptor Training they’re developing. I believe that’s noteworthy that our homegrown tool for our Preceptors has taken this kind of step forward and is being utilized in this manner. Just an FYI – we’re contributing outside the borders of Oklahoma.
  1. BOARD SEAT VACANCY: We received a resignation letter from Denise Wilson, effective May 5, 2015. I informed the Executive Committee and the Governor’s Office (who is surely looking into replacing her). This is a Residential Care Administrator seat. We do plan to have her back (perhaps as early as the June meeting?) to thank her for her service on the Board.
  1. UPCOMING EVENTS/DATES:

Next Board Meetings - June 24 (elections), July 22