OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 12-13-06
MINUTES
The Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) met December 13, 2006 at the Oklahoma Engineering Center, 201 NE 27th, Room 125, Oklahoma City, Oklahoma with Ms. Eleanor Kurtz, Chair, presiding.
MEMBERS PRESENT
Ms. Eleanor Kurtz, Chair, Oklahoma City
Ms. Jeannie Gault, Sec-Treasurer, Lawton
Mr. Bill Weaver, Oklahoma City
Dr. J. T. (Tom) O'Connor, Jr., Marietta
Dr. Maurice Payne, Checotah
Ms. Nancy Atkinson, Oklahoma City
Ms. Emma Jordan, Alva
Ms. Peggy Wiebener, Thomas
Ms. Terry Clark, Tulsa
Mr. Terry Williams, Oklahoma City
MEMBERS ABSENT
Ms. Nancy Pfeifer, Tulsa
Mr. Jim Jakubovitz, Tulsa
Mr. Marc Edwards, Oklahoma City
OTHERS PRESENT
Dr. Roger Lanier, Executive Director
Pam Duren
Tricia Everest, Assistant Attorney General
Brinda White, Assistant Attorney General
Janine McCullough, Department of Human Services
Rebecca Moore
Mary Brinkley
Tim Harmon
Jackye Owen
Denis Rischard
Susan Evers
Jan Sinclair
Deborah Bruce
John Ryan
John Gatliff
David James
Linda Coffelt
Sue Fuller
Dee Henderson
Robert Flocks
Jeff Stephens
Marietta Lynch
Steve Merrill
Roberta Donaldson
Wade Brinkman
Alice Runvelra
Jauna Head
The meeting was called to order at 9:05 a.m. by Ms. Eleanor Kurtz, Chair.
Motion was made by Mr. Bill Weaver, seconded by Ms. Terry Clark, that the minutes of the November 15, 2006 Board meeting be approved as written. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Peggy Wiebener.
Ms. Eleanor Kurtz had the public present at the meeting to introduce themselves to the Board members.
Joint committees met multiple times this past month to discuss the provisions concerning the complaint process along with current issues and needs of the Board. Ms. Eleanor Kurtz and Dr. Roger Lanier met with Dr. Terry Cline, who will be leaving soon to take on his new position in Washington DC, to discuss possible solutions to the Board's needs before the meetings with Governor Henry and Representative Denny. Dr. Cline is still intent upon helping and assures the Board that his liaison will help us as much as possible. There has also been discussion concerning the pros and cons of an appropriated agency and a non-appropriated agency. Discussion followed.
Dr. Roger Lanier gave his report as follows:
1. Fall 2006 Administrative University will end tomorrow with the administration of the State Standards Examination (with the exception of some possible make-up lectures). Approximately 15 AU students (five others were non-credit and one dropped out) and about 10-15 non-AU applicants will be tested. I plan to summarize and report the average test scores from these two groups (although they are nonrandomized groups) to the Board in January.
2. Planning has started for the spring 2007 Administrative University which begins January 4, 2007. Space has been scheduled in Shepherd Mall and two make-up dates have been scheduled late in the course (something we neglected last fall). Currently, there is much shifting of lectures by date due to speakers’ schedules, many with domino effects. A schedule will be distributed to Board Members later in December and again in January. Nine individuals have expressed an interest and one has paid. These numbers are not dissimilar from last fall, but make it difficult to predict.
3. The Agency is currently overwhelmed with a cumbersome new license renewal process as the result of the Registry. As you know, all 793 licensees are required to renew licenses during November and December which typically generates a huge volume of telephone calls, mailings, special requests, explanations, and paperwork. This year, there were several programming or navigational bugs/issues (i.e., ok.gov) for those that renewed by credit card. Although there was a toll free telephone number to call, most called the office. More importantly, however, approximately 510 licensees paid by check which required Pam to manually enter all the licensee’s demographic, nursing home affiliation, business details, and other information (i.e., about two pages) into the Registry in order to generate the annual licensure card. At this point, it is unclear if this can be accomplished by December 31.
4. Attached are the updated listings of the pending hearings (10), complaints (32), and 2567s (62). Therefore, there are 104 cases pending in one form or another. You will note that 10 complaints were scheduled for review this month and nine are currently scheduled for January. You will also note that for the received date on the 2567s, 47 were received prior to June 2006 which may have relevance to future deliberations.
5. A summary of prior Board Dispositions was developed (see attached). It shows that 92 cases have been disposed of over the last nine months. Approximately one-third of these resulted in revocations or suspensions, one-third were reprimanded at an intermediate level often requiring additional education, and about one-third were dismissed.
6. Last month, I reported that considerable progress had been made on the budget due to efforts of Dennis Johnson. This month, three additional Health Department procurement staff have become involved to help solve the budget problems, structural and payment related. My understanding is that the FY06 bills were paid or are in the process of payment. Purchase orders are currently being established for FY07 bills, and all parties are aware of our dilemma related to expediting payment to Ricoh, Staples, and Hirewatch. At this point, it remains hopeful for a December 31 solution. Otherwise, other arrangements will have to be made for any copies for the January Meeting and no new licensees can be presented to the Board in January due to the lack of criminal background checks (e.g., the 15 new AU graduates and the 10-15 non-AU applicants that will be tested tomorrow).
7. Eleanor and I met with Dr. Cline to discuss possible strategies for State Appropriations, or other solutions, prior to meetings with Governor Henry and Representative Denny. We then had a follow-up meeting with Dr. Cline, Kevin Pipes, Gay Tudor, Mary Womack, Dorya Huser, Juana Head and Nancy Atkinson to discuss other initial strategies. Juana Head will brief the Board later today on being an appropriated agency or a non-appropriated agency.
8. A gift was acquired and engraved to recognize Mary Ann Karns’ prior leadership.
Ms. Jeannie Gault, Sec-Treasurer led the discussion concerning the Finance Report. She informed the Board that several bills had been paid and that Mr. Dennis Johnson, a Health Department budget staff person, continues to help in this area. There was also discussion regarding the issue of increasing the Nursing Home Administrator's license and it was determined that the Board had no plans on increasing these fees. She further reported that since it is licensure renewal time that there is money in the bank.
Motion was made by Ms. Terry Clark, seconded by Ms. Peggy Wiebener, to accept the Finance Report. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.
Dr. Roger Lanier led the discussion regarding the discussion and possible action regarding the requests for Provisional licenses.
Dr. Lanier informed the Board that Ms. Linda Coffelt met the requirements for a Provisional license and that she was currently attending Administrator University.
Motion was made by Mr. Bill Weaver, seconded by Ms. Terry Clark, to approve the request of Ms. Linda Coffelt for a Provisional license for Antlers Manor, Antlers, OK for a period of six months. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.
Dr. Lanier informed the Board that Mr. David James met the requirements for a Provisional license and that he was currently attending Administrator University.
Motion was made by Mr. Bill Weaver, seconded by Ms. Jeannie Gault, to approve the request of a Provisional license for Mr. David James for Choctaw Nation Nursing Home, Antlers, OK for a period of six months. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.
Dr. Lanier informed the Board that Ms. Sue Slama met the requirements for a Provisional license and that she was currently attending Administrator University.
Motion was made by Mr. Bill Weaver, seconded by Ms. Peggy Wiebener, to approve the request of a Provisional license for Ms. Sue Slama for St. Simeons Nursing Facility, Tulsa, OK for a period of six months. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.
Pursuant to 63 O.S. Supp. 2006, Section 330.65(F), the following complaint is set for Hearing.
OSBELTCA v. Jeffrey Stephens, NHA Case #05-60
Mr. John Gatliff, attorney, was present representing Mr. Jeffrey Stephens. Mr. Gatliff presented his Motion to Dismiss Complaint, or in the alternative, Motion to Strike the Investigation Report, which would show the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) as follows: OSBELTCA was required to investigate Complaint #05-60 within 180 days or to formally extend such investigation under the specific provisions of 63 O.S. 330.64. OSBELTCA neither completed, nor extended the investigation with the time limits imposed by Section 330.64 and 63 O.S. 330.65(C). Therefore, further prosecution of Jeffrey Stephens on Complaint No. 05-60 is time-barred.
In the alternative, the Investigation Report for Complaint No. 05-60 fails to comply with 63 O.S. 330.64 because OSBELTCA did not conduct any independent investigation and the report was clearly compiled after the expiration of 180 day time limit. Therefore, the investigation report should be stricken as the product of ultra vires actions by OSBELTCA. Moreover, the documents upon which the untimely investigation report is based consist of unreliable hearsay and hearsay within hearsay that is not within any exception to the Oklahoma Evidence Code and is not competent evidence.
Motion was made by Mr. Bill Weaver, seconded by Ms. Peggy Wiebener, to convene Executive Session pursuant to 25 O.S. Section 307(B)(8) regarding the complaint of Mr. Jeffrey Stephens, Case #05-60. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.
Motion was made by Mr. Bill Weaver, seconded by Dr. Maurice Payne, to reconvene into Open Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.
Motion was made by Ms. Eleanor Kurtz, seconded by Ms. Terry Clark, to dismiss Mr. Jeffrey Stephen's complaint, Case #05-60, solely because it was not presented within the 180 day time frame. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Maurice Payne, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Tom O'Connor. Negative – None. Abstaining – None.
Motion was made by Mr. Bill Weaver, seconded by Ms. Jeannie Gault, to convene Executive Session pursuant to 63 O.S. Supp. 2006, Section 330.65(A) to review the cases that are set for initial decision by the Board. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Maurice Payne, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Tom O'Connor. Negative – None. Abstaining – None.
Motion was made by Mr. Bill Weaver, seconded by Ms. Peggy Wiebener, to convene into Open Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Maurice Payne, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Tom O'Connor. Negative – None. Abstaining – None.
Dr. Payne left at 1:10 p.m.
The Board members reviewed Case #06-79, a complaint against Mr. Wade Brinkman. The Board determined that this case should be dismissed because allegations of fact in the complaint were not substantiated as to Respondent.
Motion was made by Ms. Jeannie Gault, seconded by Mr. Bill Weaver, that Case #06-79, a complaint against Mr. Wade Brinkman, be dismissed because allegations of fact in the complaint were not substantiated as to Respondent. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Tom O'Connor. Negative – None. Abstaining – None.