Ok St Bd of Examiners for Long Term Care Adms., 1-23-2013

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 1-23-2013

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held January 23, 2013. The meeting location was at the Shepherd Mall Office Complex, 2401 NW 23rd, Ste 62, OSBELTCA Conference Room, Oklahoma City, Oklahoma. In the absence of Mr. Bill Weaver, Chair, Ms. Susan Barnes, Sec-Treasurer, presided over the meeting.

MEMBERS PRESENT

Ms. Susan Barnes, Sec-Treasurer, Marlow

Ms. Nancy Atkinson, OK City

Mr. Curtis Aduddell, OK City

Mr. Brett Coble, Ardmore

Ms. Pat Bean, OK City

Ms. Stacie Ware, Broken Arrow

Ms. Nancy Pfeifer, Tulsa

Ms. Susan Haws, Glenpool

Ms. Jacki Millspaugh, OK City

Mr. Jim Jakubovitz, Tulsa

Ms. Denise Wilson, Langley

MEMBERS ABSENT

Mr. Bill Weaver, Chair, OK City

Mr. Bill Pierce, Vice-Chair, OK City

OTHERS PRESENT

Mr. Gaylord Z. Thomas, Executive Director

Ms. Brinda White, Assistant Attorney General

Mr. Richard Mildren, Prosecuting Attorney

Ms. Ginger Dean

Ms. Pam Duren

Ms. Heather Clinkenbeard

Mr. Daniel Stiles

Mr. Mark Gray

Ms. Carrie Perry

Ms. Jessie Rosson

Ms. Dawn Hollander

Ms. Penny Ridenhour

Ms. Marilyn Kipps

Mr. Jim Kipps

Ms. Esther Houser

Ms. Becky Moore

Ms. Sue Wantland

Ms. Susan Barnes, Sec-Treasurer, called the meeting to order at 10:00 am 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, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Nancy Pfeifer, Ms. Pat Bean, Ms. Stacie Ware, Mr. Brett Coble, Ms. Susan Haws and Ms. Denise Wilson.

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

Ms. Susan Barnes asked everyone to stand as she administered the Oath of Office to Ms. Pat Bean.

Motion was made by Mr. Brett Coble, seconded by Mr. Curtis Aduddell, to approve the minutes of the 12-19-2012 meeting as submitted. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Jacki Millspaugh, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Brett Coble and Ms. Susan Haws. Negative – None. Abstaining – Mr. Jim Jakubovitz, Ms. Pat Bean and Ms. Denise Wilson.

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

Mr. Aduddell led the review, discussion and possible action regarding granting the request of new potential licensees as Nursing Home Administrators.

Mr. Aduddell informed the Board that Ms. Heather Clinkenbeard met the requirements for licensure as a Nursing Home Administrator in Oklahoma.

Motion was made by Ms. Nancy Pfeifer, seconded by Mr. Brett Coble, to approve Ms. Heather Clinkenbeard as a Nursing Home Administrator in Oklahoma. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Pat Bean, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Susan Haws and Ms. Denise Wilson. Negative – None. Abstaining – None.

Mr. Aduddell informed the Board that Mr. Daniel Stiles met the requirements for licensure as a Nursing Home Administrator in Oklahoma.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Susan Haws, to approve Mr. Daniel Stiles as a Nursing Home Administrator in Oklahoma. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Pat Bean, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Susan Haws and Ms. Denise Wilson. Negative – None. Abstaining – None.

Mr. Aduddell led the review, discussion and possible action regarding granting a Nursing Home Administrator’s License to an applicant who was previously licensed.

Mr. Aduddell informed the Board that Mr. Mark Gray met the requirements for licensure as a Nursing Home Administrator in Oklahoma.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Pfeifer, to approve Mr. Mark Gray as a Nursing Home Administrator in Oklahoma. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Pat Bean, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Susan Haws and Ms. Denise Wilson. Negative – None. Abstaining – None.

Licenses were presented at this time.

Mr. Aduddell led the review, discussion and possible action regarding the request of continuing education hours for the following seminars:

1) Graves Menu Maker Foods

Graves Spring Healthcare Program

May 22, 2013, 100 Eagles Nest Rd, Vinita, OK

Requesting 5 Hrs of CE

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Denise Wilson, to approve the aforementioned program. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Pat Bean, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Susan Haws and Ms. Denise Wilson. Negative – None. Abstaining – None.

2) OKDHS, Developmental Disabilities Services Division

2013 Governor’s Conference on Developmental Disabilities

March 5-6, 2013, Norman Embassy Suites Hotel, Norman, OK

Requesting 4 Hrs of CE for 3-5-2013 and 3 Hrs of CE for 3-6-2013

Total of 7 Hrs of CE

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Pfeifer, to approve the aforementioned program. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Pat Bean, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Susan Haws and Ms. Denise Wilson. Negative – None. Abstaining – None.

Ms. Susan Barnes, led the review, discussion and possible action relating to OSBELTCA v. SHIRLEEN MACKETY, License No. 3148, Case No. 12-13(P). Possible Evidentiary Hearing on Complaint; Possible Executive Session Pursuant to 25 O.S. Supp. 2009, §307(B)(8); Possible Board Action. Ms. Shirleen Mackety was not present nor was she represented by legal counsel. Also, Ms. Barnes informed the Board that Mr. Brett Coble, who was on the Probable Cause Committee and found probable cause, would not be present during deliberations.

Mr. Richard Mildren, the Board’s Prosecuting Attorney, distributed copies of the complaint to the Board members and allowed time for them to read the complaint.

Ms. Susan Barnes swore in Ms. Jessie Rossin, Ms. Dawn Hollander and Ms. Pam Duren as witnesses for the prosecuting attorney.

Mr. Mildren and Board members proceeded with questions and answers of witnesses. Also, exhibits were presented and accepted into record during this time.

There being no further evidence or closing statements, the prosecutor rests.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Curtis Aduddell to convene into Executive Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Pat Bean, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Susan Haws and Ms. Denise Wilson. Negative – None. Abstaining – None.

Everyone left the room except for the Board members who were not recusing, the Executive Director and Brinda. Also, Mr. Brett Coble recused and left the room.

Motion was made by Mr. Curtis Aduddell, seconded by Mr. Jim Jakubovitz, to convene into Open Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Pat Bean, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Susan Haws and Ms. Denise Wilson. Negative – None. Abstaining – None.

There was a five minute break at this time.

Motion was made by Ms. Jacki Millspaugh, seconded by Ms. Susan Haws, that the respondent be found guilty of all three counts by clear and convincing evidence. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Denise Wilson, Ms. Stacie Ware, Ms. Nancy Pfeifer, Ms. Pan Bean and Ms. Susan Haws. Negative – None. Abstaining – Mr. Brett Coble.

Motion was made by Ms. Nancy Atkinson, seconded by Ms. Denise Wilson that the Board impose a penalty of revocation, a fine of $1,000.00 per count, totaling $3,000.00 and that the Board direct the Executive Director to refer this case to the appropriate agencies. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Denise Wilson, Ms. Stacie Ware, Ms. Nancy Pfeifer, Ms. Pan Bean and Ms. Susan Haws. Negative – None. Abstaining – Mr. Brett Coble.

Ms. Barnes led the review, discussion and possible action regarding the administrators who did not renew timely by 12-31-2012 but would like to renew their license for CY 2013.

Mr. Gaylord Z. Thomas, Executive Director, informed the Board that we had only one this year by the name of Robert Michael Mitchell. Since Mr. Mitchell was on the Non-Tax Compliant list and now has his taxes in order, we can administratively give him his license back.

Mr. Thomas led the review, discussion and possible action regarding the non-renewal of licenses for CY 2013 of Long Term Care Administrators who are non-tax compliant. Mr. Thomas informed the Board that we had heard from Ms. Stephanie Brandle and when she gets her taxes in order we will administratively give her license back. Discussion followed. Ms. Donna Mann and Mr. Steven Moore are currently non-tax compliant.

Mr. Thomas led the review, discussion and possible action regarding the vacating of licenses of Long Term Care Administrators who failed to timely renew. There was discussion regarding the various reasons as to why the administrators did not renew their license.

The following is a list of Nursing Home Administrators and Certified Assistant Administrators who did not renew their license or certification:

NON-RENEWAL NH ADMS

Linda Austin

Kathryn Carter

John Cherry

Dominick Chonlahan

Sharon Dietz

David Donaldson

Jacqueline Downing

Nita Giles

John Gwinnup

Jennifer Holmes

Dorya Huser

Tommy Johnston

Betty Kelsoe

Chris Kmet

Glenda Kouba

Katrinia Livingston

Paula McInturf

*Shirleen Mackety

Brent Meyers

Christine Mwanje

Mildred Myers

Linda Praytor

Scott Proctor

Kari Sawyer

Francine Schmidt

William Shawn

Marsha Stinchcomb

Judy Story

Virginia Stringer-Dupler

Drema Thompson

Jimmy Thorn

Judy Thorn

Patricia Webster

Richard Woodard

NON-RENEWAL CAA

Brenda Bartel

Diana Bellin

Geri Johnson

Sharon Lowe

Virginia Luster

Queashon McBroom

Denise “Michelle” Overton

John Penisten

Robyn Prescott

Rebecca Ward

Motion was made by Mr. Curtis Aduddell, seconded by Mr. Brett Coble, to vacate the licenses of the aforementioned Long Term Care Administrators who failed to timely renew their licenses, excluding Ms. Shirleen Mackety, whose license has already been revoked. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Pat Bean, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Susan Haws and Ms. Denise Wilson. Negative – None. Abstaining – None.

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

Mr. Thomas reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 12-77(H).

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Denise Wilson, 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, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Pat Bean, Ms. Stacie Ware, Ms. Nancy Pfeifer, Ms. Susan Haws and Ms. Denise Wilson. Negative – None. Abstaining – Ms. Nancy Atkinson and Mr. Brett Coble.

Mr. Thomas reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 12-102(P) but that a letter of concern would be sent to the administrator.

Motion was made by Mr. Jim Jakubovitz, 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. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Pat Bean, Stacie Ware, Ms. Nancy Pfeifer, Ms. Susan Haws and Ms. Denise Wilson. Negative – None. Abstaining – Mr. Brett Coble.

Mr. Thomas reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 12-108(H).

Mr. Thomas reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 12-91(P).

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Nancy Pfeifer, 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, Mr. Jim Jakubovitz, Ms. Pat Bean, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Susan Haws and Ms. Denise Wilson. Negative – None. Abstaining – Ms. Jacki Millspaugh. Recusing – Ms. Nancy Atkinson.

Mr. Thomas reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 12-95(H).

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Stacie Ware, 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, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Pat Bean, Ms. Stacie Ware, Mr. Brett Coble, Ms. Susan Haws and Ms. Denise Wilson. Negative – None. Abstaining – Ms. Nancy Atkinson and Ms. Nancy Pfeifer.

Mr. Thomas led the review, discussion and possible action regarding the certification of the following administrators who attended training on January 9, 2013 to become preceptors: