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DIVISION OF PROFESSIONAL REGULATION
PUBLIC MEETING MINUTES:DelawareBoard of Nursing
MEETING DATE AND TIME:Wednesday, April 18, 2007 9:30a.m.
PLACE:Delaware Technical & Community College
Owens Campus – Arts & SciencesBuilding, Theater
Georgetown, Delaware
MINUTES APPROVED:
MEMBERS PRESENT
Lucille Gambardella, President, APN Member
Pam Zickafoose, Vice President, RN Member
Wanda Cohee, LPN Member
Robert Draine, Public Member
Joyce Edwards, Public Member
Carolyn Hill, RN Member
Martha Hopkins, Public Member
David Mangler, RN Member
Cheryl Richter, RN Member
James Vanderwall, Public Member
Irene Washabau, LPN Member
DIVISION STAFF/DEPUTY ATTORNEY GENERAL PRESENT
Allison Reardon, Deputy Attorney General
Iva Boardman, Executive Director
Debbie Heinsch, Administrative Specialist II
Kay Warren, DeputyDirector, Division of Professional Regulation
MEMBERS ABSENT
Margaret Ingram, LPN Member
Evelyn Nicholson, Public Member
Rebecca Walker, RN Member
Delaware Board of Nursing Minutes
April 18, 2007
Page 2
ALSO PRESENT
Daryl Berryman- Delaware Technical & Community College, Owens Campus
Connie Bushey- Beebe School of Nursing
Moonyeen Klopfenstein-Delaware Organization of Nurse Executives
Suzanne Raab-Long-Delaware Healthcare Association
Delaware Technical & Community College, Owens Campus Students
Daryl Berryman gave opening remarks. Dr. Gambardella called the meeting to order at 9:35 a.m. Board introductions were made.
REVIEW OF MINUTES
The Board reviewed the minutes of the meeting held on March 14, 2007. Ms. Washabau made a motion, seconded by Ms. Edwards, to approve the minutesas corrected. Ms. Cohee,Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hopkins, Mr. Mangler,Ms. Richter, Dr. Vanderwall,Ms. Washabau, and Dr. Zickafoose voted in favor. Ms. Hill abstained. The motion was carried.
The Board reviewed the minutes of the hearing held for David Saddler on March 14, 2007. Dr. Zickafoose made a motion, seconded by Ms. Washabau,to approve the minutes. Ms. Cohee,Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hopkins,Mr. Mangler, Ms. Richter, Dr. Vanderwall, Ms. Washabau, and Dr. Zickafoose voted in favor. Ms. Hill abstained. The motion was carried.
The Board reviewed the minutes of the hearing held for Patricia Gunter on March 14, 2007. Mr. Draine made a motion, seconded by Dr. Zickafoose, to approve the minutes. Ms. Cohee,Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hopkins,Mr. Mangler, Ms. Richter, Dr. Vanderwall, Ms. Washabau, and Dr. Zickafoose voted in favor. Ms. Hill abstained. The motion was carried.
The Board reviewed the minutes of the hearing held for Jo Ellen Brenegan on March 14, 2007. Ms. Washabau made a motion, seconded by Mr. Mangler, to approve the minutes. Ms. Cohee,Mr. Draine, Ms. Edwards, Dr. Gambardella, Mr. Mangler, Ms. Richter, Dr. Vanderwall, Ms. Washabau, and Dr. Zickafoose voted in favor. Ms. Hill
and Ms. Hopkins abstained. The motion was carried.
ADOPTION OF THE AGENDA
Ms. Richter made a motion, seconded by Ms. Hopkins, to adopt the agenda as presented. The motion was unanimously carried.
ACTIVITIES REPORT
Ms. Washabau made a motion, seconded by Dr. Zickafoose, to accept the Activities Report. The motion was unanimously carried.
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April 18, 2007
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UNFINISHED BUSINESS
Closed Complaints
11-13-05 Pam Zickafoose Contact Person
Dr. Zickafoose made a motion, seconded by Ms. Hopkins, to accept the closed complaint.
Licensee Applicant Reviews – James Patterson–LPN applicant,whosereference fromFranciscanCareCenter suggested that he take a medication administration course, submitted the requested summary of his two medication errors while employed at FranciscanCareCenter.Ms. Richter made a motion, seconded by Dr. Zickafoose,to approve licensure. The motion was unanimously carried.
Practice Issues – AWSAM Training Course Pilot in Assisted Living–Tabled
Educational Issues – CamtechSchool of Technology – Evening/Weekend Program – Tabled
Delaware Institute of Health Sciences – Change in Program Director/Faculty Members -
Members reviewed the information submitted and found the following to be missing:1) letter of appointment of Dana Baker as program director, the resumes for Debbie Buchler and Andrea Redden, listing of faculty members’ specialty practice through education and/or practice on the summary of program faculty and area of responsibility sheet and the progress of their curriculum design. There was concern over all instructors being listed as teaching all clinical specialties.Members commented on faculty members teaching both clinical and theory courses. Clarification is needed regarding Dr. Onigbindebeing listed as having a BSN in Chemistry.Ms. Richter made a motion, seconded by Mr. Mangler, to proceed with a site visit and include conversation with studentsas part of the agenda. The motion was unanimously carried.
COMMITTEE REPORTS
Joint Practice Committee - Ms. Boardman reported that the committee met on March 27, 2007 and reviewed seven applicants, all of whom were approved for prescriptive authority. The names were forwarded to the Board of Medical Practice for final approval at their April 3, 2007 meeting.
Rules and Regulations Committee –
Chair Appointment – Dr. Gambardella agreed to chair with Dr. Zickafoose as a member.
Review of Rules- The committee will review all sections and make recommendations of proposed changes to the Board for consideration.
PRESIDENT’S REPORT Dr. Gambardella deferred to the mid year meeting report.
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April 18, 2007
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EXECUTIVE DIRECTOR’S REPORT Ms. Boardman referred members to her written report. Ms. Richter reported that her Registered Nurse online renewal went well and the turn around time was very fast.
NEW BUSINESS BEFORE THE BOARD
Licensee Applicant Reviews
By Examination
LaDonna Allen – LPN applicant,who graduated in December 2006, asks for a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Dr. Vanderwall made a motion, seconded by Ms. Hill, to approve the applicant to take NCLEX-PN. The motion was unanimously carried.
Jennifer Boberick– RN applicant,who listed the use of analgesics for management of chronic back pain, seeks approval to take NCLEX-RN. Members reviewed correspondence from the managing physician who indicated that applicant’s practice is not affected by the prescribed medications. Mr. Mangler made a motion, seconded by Ms. Edwards, to approve the applicant to take NCLEX-RN. The motion was unanimously carried.
Lydia Gardesey– RN applicant, who graduated in December 2006, asks for a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Dr. Zickafoose made a motion, seconded by Mr. Draine, to approve the applicant to take NCLEX-RN. The motion was unanimously carried.
Nytasha McCaskill– RN applicant, who graduated in May 2004, asks for a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Dr. Zickafoose made a motion, seconded by Ms. Richter, to grant approval for the applicant to take NCLEX-RN upon completion of a review course. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hill, Ms. Hopkins, Mr. Mangler Ms. Richter, Dr. Vanderwall, Ms. Washabau, and Dr. Zickafoose voted in favor. Dr. Gambardella abstained. The motion was carried.
Donna McGinnis– LPN applicant, who graduated in December 2006, asks for a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Mr. Mangler made a motion, seconded by Ms. Washabau, to approve the applicant to take NCLEX-PN. Ms. Cohee,Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hill, Ms. Hopkins,Mr. Mangler, Ms. Richter, Dr. Vanderwall, and Ms. Washabau voted in favor. Dr. Zickafoose abstained. The motion was carried.
Josephine Musa-LPN applicant,with a previous conviction in November 2000 for forging a public document to avoid court,seeks approval to take NCLEX-PN. Mr. Mangler made a motion, seconded by Ms. Edwards, to propose to deny licensure with the applicant’s right to request a hearing. The motion was unanimously carried.
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April 18, 2007
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Tracey Phillips– RN applicant, who graduated in January 2005, asks for a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Dr. Zickafoose made a motion, seconded by Ms. Hopkins, to grant approval for the applicant to take NCLEX-RN upon completion of a review course. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hill, Ms. Hopkins, Mr. Mangler Ms. Richter, Dr. Vanderwall, Ms. Washabau, and Dr. Zickafoose voted in favor. Dr. Gambardella abstained. The motion was carried
Lakeischa Ricketts– LPN applicant, who graduated in December 2006, asks for a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Mr. Mangler made a motion, seconded by Ms. Washabau, to approve the applicant to take NCLEX-PN. The motion was unanimously carried.
Frency Ramos– LPN applicant, who graduated in December 2006, asks for a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Ms. Washabau made a motion, seconded by Ms. Edwards, to approve the applicant to take NCLEX-PN. Ms. Cohee,Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hill,Ms. Hopkins,Mr. Mangler, Ms. Richter, Dr. Vanderwall, and Ms. Washabau voted in favor. Dr. Zickafoose abstained. The motion was carried.
Aimee Atkinson– RN applicant, who graduated in December 2006, asks for a waiver of Section 6.1.5 of the Board’s Rules and Regulations. The applicant also has a previous DUI conviction. Ms. Reardon advised the Board to table the review, since the revised Rules and Regulations that eliminate the DUI-first offense as an offense in Section 15 of the Board’s Rules and Regulations will become effective May 11, 2007. Mr. Mangler made a motion, seconded by Dr. Zickafoose, to table review of the application. The motion was unanimously carried.
By Endorsement
Emilia Bryant – RN applicant,with previous disciplinary licensure action taken by the New York Board of Nursing for professional misconduct, seeks licensure. Applicant did not disclose that she had previous disciplinary action on her application. When asked for clarification, the applicant indicated that she misunderstood the question. Theapplicant currently has an unencumbered New York license. Mr. Mangler made a motion, seconded by Ms. Edwards, to propose to deny licensure with the applicant’s right to request a hearing. The motion was unanimously carried.
Alice Carter – PN applicant,who was previously denied licensure in Delaware on January 17, 1996 because of incomplete disclosure of nursing employers and practice without licensure, seeks licensure. Dr. Vanderwall made a motion, seconded by Mr. Mangler, to propose to deny licensure with the applicant’s right to request a hearing. The motion was unanimously carried.
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April 18, 2007
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Naomi Thomas – PN applicant, with a Licensure Reprimand issued by the VirginiaBoard of Nursing in 1994 for failing to respond to a request for assistance with a patient who was in respiratory distress, seeks licensure. Dr. Vanderwall made a motion, seconded by Ms. Cohee to propose to deny licensure with the applicant’s right to request a hearing. The motion was unanimously carried.
By Reinstatement
Frances DeForrest - RN applicant,with criminal convictions in 1990, seeks reinstatement of licensure. Ms. Washabau made a motion, seconded by Ms. Edwards, to propose to deny licensure with the applicant’s right to request a hearing. The motion was unanimously carried.
Christina Taylor –LPN applicant, with criminal convictions in 1992 of two specific counts of forgery, seeks reinstatement of licensure. Applicant did not disclose this on her original application for licensure. Mr. Mangler made a motion, seconded by Dr. Zickafoose, to propose to deny licensure with the applicant’s right to request a hearing. The motion was unanimously carried.
Advanced Practice Nurses
Faith Blood – Pediatric Nurse Practitioner, who does not meet the practice requirement, seeks a temporary permit. Ms. Cohee made a motion, seconded by Ms. Hill, to approve issuing a temporary permit under supervision. The motion was unanimously carried
Ratification of Assignments
11-19-07Carolyn HillContact Person 11-20-07 James Vanderwall Contact Person
11-21-07David ManglerContact Person
11-22-07Irene WashabauContact Person
11-23-07Irene WashabauContact Person
11-24-07Wanda CoheeContact Person
11-25-07Martha HopkinsContact Person
11-26-07Margaret IngramContact Person
11-27-07Rebecca WalkerContact Person
11-28-07Rebecca WalkerContact Person
11-29-07Rebecca WalkerContact Person
11-30-07Margaret IngramContact Person
11-31-07Cheryl RichterContact Person
Mr. Mangler made a motion, seconded by Ms. Hopkins, to ratify the above assignments, with the exception of 11-26-07, 11-27-07, 11-28-07, 11-29-07, and 11-30-07. The motion was unanimously carried.
DelawareBoard of Nursing Minutes
April 18, 2007
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Hearings/Consent Agreements
Krista CrainApril 18, 2007 1:00 p.m. Continued
John McKenna April 18, 2007 2:00 p.m.
Shannon ButlerApril 18, 20072:15 p.m.
Deborah OwensApril 18, 20072:30 p.m. Continued
Doreen MuforDecision and Order
William FretzDecision and Order
David SaddlerDecision and Order
Patricia GunterDecision and Order
CLOSED COMPLAINTS
11-10-07 Martha Hopkins Contact Person
11-19-07Carolyn HillContact Person
11-47-06David ManglerContact Person
11-55-06Rebecca WalkerContact Person
Mr. Mangler made a motion, seconded by Ms. Hopkins, to close the above complaints with the exception of 11-55-06.The motion was unanimously carried.
REVIEW OF COMPLIANCE
Sonya Roberts- RN licensee requests review of compliance of the terms and conditions required by the Board in her September 8, 2004 consent agreement and petitions for licensure without probation. Members reviewed the required information. Dr. Vanderwall made amotion, seconded by Mr. Draine,that the terms of the consent agreement had been met and to issue licensure without
probation. The motion was unanimously carried.
Lori Boulter - RN licensee requests review of compliance of the terms and conditions required by the Board in her May 11, 2005 consent agreement and petitions for licensure without probation. Members reviewed the required information. Ms. Cohee made a motion, seconded by Mr. Mangler, that the terms of the consent agreement had been met and to issue licensure without probation. The motion was unanimously carried.
Laurie Linehan- RN licensee who requests review of compliance of the terms and conditions required by the Board in her February 8, 2006 consent agreement and petitions for licensure without probation. Members reviewed the required information. Dr. Vanderwall made a motion, seconded by Ms. Washabau, that the terms of the consent agreement had been met and to issue licensure without probation. The motion was unanimously carried.
PRACTICE WITHOUT LICENSURE ISSUES - Ms. Boardman reported that there had been twopractice without licensure incidents and that letters were sent to the applicants and the employers.
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April 18, 2007
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PRACTICE ISSUES
House Bill No. 106 – Certified Professional Midwives – Members stated that responses from the Certified Nurse Midwives licensed by the Board would be helpful to review before discussion. Ms. Boardman reported that she would research what was available and include in the mailing for the May meeting.
EDUCATIONAL ISSUES
Polytech Adult Education–Polytech has submitted Phase II of the application to initiate a nursing educational program. Members reviewed the application and asked that the following be submitted before the site visit: 1) resume or cv of the program director, 2) contracts fromthe clinical sites, 3) course sequencing, 4) admission criteria, including passing scores, 4) clarification of retesting and 5) course descriptions that include all of the required theory and clinical experiences as defined in Section II of the Board’s Rules and Regulations. Dr. Zickafoose made a motion, seconded by Dr. Vanderwall, that the above information must be received prior to a site visit, and to proceed with scheduling a site visit. Dr. Vanderwall, Dr. Gambardella, Ms. Cohee, Dr. Zickafoose and Ms. Boardman will conduct the site visit.
LICENSURE ISSUES- None
NATIONAL COUNCIL OF STATE BOARDS OF NURSING, INC. (NCSBN)
Mid-Year Meeting – April 2-4, 2007 – New Orleans, LA-Dr. Gambardella, Dr. Zickafoose, and Mr. Mangler attended. Dr. Gambardella reported that the leadership day for board presidents and executive officers featured the book Leadership and Self-Deceptionand was well done.The Mid-Year meeting days focused on regulation. The Advanced Practice Registered Nurse Committee at NCSBN is advocating that Advanced Practice Nurses be defined as a single group, rather than according to specialty practice.Feedback at the meeting will be reviewed by the committee.The State Presidents looked at things that are common among their Boards. Dr. Gambardella commented on how incredible it is that Delaware operates with such a small staff as opposed to the assigned staff in other states. Dr. Zickafoose spoke about the revisions to the NCLEX- PN test plan, including increased pharmacology which will be presented to the DelegateAssembly for approval in August 2007. The Board of Directors has approved an increased passing standard. The NCLEX test plan is online without cost.Criminal background checks were discussed and Dr. Zickafoose reminded the students that background checks will be required for applicants inDelaware as of July 1, 2007. Dr. Zickafoose reinforced that Delaware requires both continuing education and practice hours for licensure renewal. Research shows that these measures do not necessarily ensure competence to practice. NCSBN continues to study how best to evaluateongoing competency after the initial examination.They are looking into an assessment tool to measure competence. Mr. Mangler reported that NCSBN is moving closer to a model to share with boards of nursing. There are patterns and trends regarding disciplinary complaints received. Mr. Mangler reported that there are ethical questions related to the United States’ aggressive recruitment of foreign nurses and their desire to come here and seek employment. The issue iswhether it is ethical for the United States as a country to remedy its’ nursing shortage through recruitmentof foreign educated nurses from developing countries that arealso in extreme need of nurses.It is an issuethat needs further discussion.
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April 18, 2007
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LICENSEE APPROVAL
Ms. Washabau made a motion, seconded by Ms. Cohee, to approve the licensee list as presented. The motion was unanimously carried.
PUBLIC COMMENT
Question - If you are taking a refresher course, how long does it take to get your license back?
Answer – After completion of a refresher course, submission of the application, fee(s), and the required number of contact hours of continuing education,a temporary permit can be issued within sevenbusiness days. Upon receipt of these items, the applicationisalso completefor the applicant’s name to be on the licensee list approved by the Board at their next meeting.
Dr. Zickafoose advisedgraduates thatthe Board’s Rules and Regulations require that they take the licensure examination within 90 days following graduation. Research shows that there is a relationship between successful results and the timeliness of examination following program completion.
Question – Is the exam is getting harder?
Answer – The ratio of questions needed to pass has increased.
Question –The test changes and the test plan are online, what does this mean?
Answer – You can go to and the test plan which defines general subject types and what percentage of the test they comprise are available. There is information specific to students at no charge.
Question – I have a Pennsylvania LPN license. Is the Pennsylvania license reciprocal in Delaware if I have not practiced in more than 5 years?