OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 3-26-08
MINUTES
The Regular Meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held on March 26, 2008, in the ActivityCenter at the Shepherd Mall Office Complex, 2401 NW 23rd, Ste 40 B, Oklahoma City, Oklahoma with Dr. Tom O'Connor, Chair, presiding.
MEMBERS PRESENT
Dr. J. T. (Tom) O'Connor, Jr., Chair, Marietta
Ms. Jeannie Gault, Sec-Treasurer, Lawton
Ms. Nancy Atkinson, Oklahoma City
Ms. Terry Clark, Tulsa
Ms. Stella Church, Oklahoma City
Mr. Marc Edwards, Oklahoma City
Ms. Emma Jordan, Alva
Dr. Maurice Payne, Checotah
Ms. Nancy Pfeifer, Tulsa
Mr. Bill Weaver, Oklahoma City
MEMBERS ABSENT
Mr. Jim Jakubovitz, Tulsa
Ms. Peggy Wiebener, Thomas
Mr. Terry Williams, Oklahoma City
Dr. Gary Johnson, Oklahoma City
OTHERS PRESENT
Dr. Roger Lanier, Executive Director
Mr. Phil Forslund, Deputy Director
Ms. Brinda White, Assistant Attorney General
Ms. Sandra Balzer, Assistant Attorney General
Ms. Pam Duren, Secretary
Ms. Becky Moore
Ms. Esther Houser
Ms. Suzie Ezell
Ms. Sarah Boyd
The meeting was called to order at 9:00 a.m. by Dr. Tom O'Connor, Chair.
Dr. Tom O'Connor welcomed everyone to the meeting and stated that we were in compliance with the Open Meeting Act. Dr. O'Connor instructed Ms. Pam Duren, Secretary, to call roll for recording of members present and absent: Present were Ms. Nancy Atkinson, Ms. Terry Clark, Ms. Stella Church, Dr. Tom O'Connor, Ms. Emma Jordan, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Bill Weaver.
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OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 3-26-08
Ms. Jeannie Gault was in attendance of the meeting but not present for roll call.
Motion was made by Mr. Bill Weaver, seconded by Ms. Stella Church, that the minutes be approved as submitted. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Bill Weaver, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.
Ms. Jeannie Gault was in attendance of the meeting but not present for the motion.
Dr. Tom O'Connor had the public introduce themselves to the Board Members.
In the absence of Mr. Jim Jakubovitz, Chair of the Education Committee, Dr. Roger Lanier, Executive Director, gave the Education Committee Report.
Dr. Lanier reported that Ms. Sarah Boyd met the requirements for original licensure as an Oklahoma Long Term Care Administrator.
Motion was made by Mr. Bill Weaver, seconded by Ms. Emma Jordan, to approve Ms. Sarah Boyd as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.
Dr. Lanier reported that Ms. Kathy (Suzie) Ezell met the requirements for original licensure as an Oklahoma Long Term Care Administrator.
Motion was made by Mr. Bill Weaver, seconded by Ms. Terry Clark, to approve Ms. Kathy (Suzie) Ezell as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.
Dr. Lanier informed the Board that Mr. Grant Rhodes was requesting active status of his Long Term Care Administrator's license. Mr. Rhodes will be required to pay the $100.00 late fee and will be required to verify his twenty-four (24) hours of continuing education hours for Calendar Year (CY) 2007 within 30 days.
Motion was made by Mr. Bill Weaver, seconded by Ms. Emma Jordan, to approved the request of Mr. Grant Rhodes to renew his Long Term Care Administrator's license for CY 2008. Mr. Rhodes will be required to pay the $100.00 late fee and to verify his continuing education hours for CY 2007 within 30 days. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.
Dr. Lanier led the discussion and possible action regarding the following continuing education program for Oklahoma Long Term Care Administrators:
2008 Governor's Conference on Developmental Disabilities
April 10-11, 2008
Cox Convention Center, OK City, OK
Requesting 11 CE hrs.
Motion was made by Mr. Bill Weaver, seconded by Ms. Jeannie Gault, that the aforementioned program be approved for 11 hours of continuing education for Oklahoma Long Term Care Administrators. Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.
Dr. Lanier led the discussion and possible action on the resolution honoring Ms. Gladys Hill, former Long Term Care Administrator. Dr. Lanier informed the Board that we would be sending her a Lifetime Achievement Award along with the Resolution that was read to the Board.
Motion was made by Mr. Bill Weaver, seconded by Ms. Jeannie Gault to honor Ms. Gladys Hill, former Long Term Care Administrator with a Lifetime Achievement Award and the Resolution. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.
Mr. Marc Edwards arrived at 9:45 a.m.
Ms. Nancy Atkinson, Chair of the Rules Revision Committee, led the discussion and possible action regarding the Rules Revision Report and the Public Hearing regarding the proposed permanent rule making. Ms. Atkinson informed the Board that the committee met on March 19, 2008 to finalize the recommendations to the Board. Mr. Phil Forslund, Deputy Director informed the Board of the changes. There was discussion from the Board members andalso public comment from Ms. Becky Moore, Oklahoma Health Care Providers and Ms. Esther Houser, State Ombudsman.
Motion was made by Ms. Nancy Pfeifer, seconded by Mr. Bill Weaver, to approve the rules. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Ms. Stella Church, Mr. Marc Edwards, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.
Ms. Sandra Balzer presented a Consent Order for the Board's consideration in Case #05-06 involving Mr. Keith Lombardi. Under the terms of the proposed Consent Order the Respondent stipulates to the allegation of failure to report an allegation of neglect and agrees to the penalty of receiving a letter of concern.
Motion was made by Mr. Bill Weaver, seconded by Mr. Marc Edwards, to accept the current Consent Order (See complaint file #05-06) for Mr. Keith Lombardi, Case #05-06. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Emma Jordan, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – Ms. Stella Church and Ms. Terry Clark.
Dr. Tom O'Connor led the discussion and possible action regarding the administrators listed below who did not renew their Long Term Care Administrator's license for CY 2008:
DON ALLEN
MARK BAILEY
KATHLEEN BALDWIN
DEANNA BEAVERS
SHARI BEGUIN
DONNA BOWERS
BONNIE BROCKMAN
PAUL BROWN
DONNA CAIN
JAMES COOPER
ELIZABETH DECORDOVA
KATHERINE DEMERS
VIOLET DUNCAN
HELEN DYSON
JOHN HASKINS
DENNIS IMMELL
SUSAN HOLDEN-JONES
LESLIE KELLER
JOHN KETRING
DIANA KING
CATHY MOORE
DAVID MOORE
KATHLEEN OTTE
LAMONA PENDERGRAPH
NORMA PHENIX
CINDY RITTER
PAMELA ROBINSON
STEPHEN SHRIDE
JESSE SIAS
BOBBY "DAN" SIMMONS
IRIS STUDENNY
ANGELA TARRANT
JEANNE TAYLOR
DONALD WHITEHEAD
WANDA WOODARD
Motion was made by Dr. Tom O'Connor, seconded by Dr. Maurice Payne, that the aforementioned list of individuals are no longer licensed in Oklahoma as Long Term Care Administrators. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.
Dr. Tom O'Connor led the discussion and possible action on the consideration of a 60 day extension involving Ms. Jean Patterson.
Motion was made by Mr. Bill Weaver, seconded by Dr. Maurice Payne to approve the final 60 day extension involving Ms. Jean Patterson. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Ms. Stella Church, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.
Mr. Marc Edwards, Chair of the Priority Review Committee, led the review and possible action regarding the Priority Review report. Mr. Edwards informed the Board that he and Dr. Lanier had met the previous Friday to develop an internal process for reviewing incoming 2567 reports. Dr. Lanier read the protocol to the Board members as follows:
Staff (i.e., Executive Director and Deputy Director) will review pending 2567s and prepare a very brief synopsis which lists the various tags, extracts the major allegations, and targets a page or less product. Consistent with the statutes, these summaries will contain no recommendations.
Two to three Priority Review Committee Members will review the synopsis for ease of reference and available for review in paper format at any Committee meetings.
Any 2567 report where it is suspected that there is a risk to resident health or safety will be brought to the full Board for review, discussion, and action.
All 2567 reports will remain available to any Board Member at any time upon request.
Discussion followed.
Motion was made by Mr. Marc Edwards, seconded by Ms. Stella Church to approve the report and to implement the aforementioned protocol for reviewing incoming 2567 reports. Motion carried with voting as follows: Affirmative– Ms. Nancy Atkinson, Ms. Stella Church, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.
Ms. Jeannie Gault, Sec-Treasurer, led the discussion and possible action regarding the Finance Committee Report. Ms. Gault went over the Financial Statement as of February 29, 2008. She informed the Board that Dr. Lanier had reviewed the Oklahoma State Department of Health's pass through funds and looking at the February 08 billing cycle, we billed for $166,244, the reason behind not billing for as much as was allocated, was due to staffing issues and because we were unable to get or to keep investigators and also because the investigations were put on hold. Dr. Lanier estimated that the Board would need to average at least $45,000per month in expenditures for the next 4 months. There were various ideas of expenditure includingpurchasing a server system, possibly purchasing our own copy machine with service agreement, exploring the idea of using Prometric testing centers for the State Standards exam, etc. This will be brought before the Board possibly next month. Discussion followed.
Dr. Tom O'Connor, Chair of the Ethics Committee, reported that he would distribute (scan and email) to the Board members the Principles of Board Member Ethics National Association of Long Term Care Administrators Model Code of Conduct to review. Dr. O'Connor asked that the Board members download this and write comments on it so that the committee could assemble this information for review.
Ms. Terry Clark, Co-Chair of the Promotes Good Practices Report, asked that their report be postponed until next month due to the absence of the other Co-Chair, Mr. Terry Williams.
Mr. Bill Weaver, Chair of the Personnel Committee, led the discussion and possible action regarding the report of the Personnel Committee. Mr. Weaver distributed a tool for the evaluation of the Board's Executive Director and asked that the Board review this tool. After discussion, it was decided that each Board member would complete this evaluation tool and send back to the Personnel Committee by May 1, 2008 for tabulating a score or average. The Personnel Committee would then meet with the person being evaluated and they would jointly establish goals. The summary would go to the full Board at the June 2008 Board meeting which would be the end of the Fiscal Year.
Motion was made by Dr. Tom O'Connor, seconded by Dr. Maurice Payne, to approve the evaluation tool presented by the Personnel Committee. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Ms. Stella Church, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.
Dr. Roger Lanier, Executive Director, gave his report and the Legislative Report as follows:
- Office Entrance Lettering. Lettering has been ordered to denote the Agency name on the office windows. The letter dimensions are 4,” include a State Seal, and the total cost is approximately $70.00. The taped piece of typing paper will be replaced once this is received. Examples are attached to this report.
- Revised Application Draft. A revised application is in your packets. The original purpose was to incorporate the FARB model standards into the OSBELTCA application. This copy is about the fifth iteration that has been reviewed and revised by staff and OAG staff. This remains a draft, however, and all input is solicited before a May 1 print date.
- Revised Annual Card. Also in your packets is a revised annual card. You will recall that one of the complaints/suggestions from the annual survey was a plain annual card. This draft adds the State Seal as a watermark and adds some Latin phrases. This remains a draft, however, and all input is solicited before a May 1 print date.
- New Status Change Form. A new status change form has been updated on the website to facilitate the reporting of any licensee change in status.
- Survey of CY08 Non-renewals. An analysis was done of those LTC administrators who did not renew. The largest group no longer wanted to be an administrator (26) or switched professions (3); had simply missed the deadline and appealed (13); were tax non-complaint (5); or switched from active to inactive status (5).
- Rules Committee. Several analyses were prepared for the Rules Committee related to multiple drafts of revised rules. The final document must be to the Secretary of State within three business days of this meeting if any changes are to be reflected.
- Legislation. HB 2754 was revised at the last Board Meeting and resubmitted. It has been in the House Public Health Committee early in the month (Chair, Dr. Cox) and was modified at least once more. Representative Denney also became a joint sponsor as did Senator Lefwich. The bill was modified again and passed the House 99-0 on October 13. A copy of the current bill is in your packets.
- Complaint Statistics. The February updated listings were: pending hearings (6), complaints (16), and 2567s (48). Therefore, there were 70 cases pending.
For the March meeting, there is one consent agreement or proposed settlement action scheduled for review. Note that ten new cases have been received since the last meeting. These were two new complaints and nine 2567s.
The meeting adjourned at 11:35 a.m.
JEANNIE GAULT, SEC-TREASURER
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OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 3-26-08
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