Ok St Bd of Examiners for Long Term Care Adms., 10-19-2011

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 10-19-2011

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held October 19, 2011. The meeting was held in the Construction Industries Board Conference Center, Ste 5, in the Shepherd Mall Office Complex, 2401 NW 23rd, Oklahoma City, Oklahoma with Mr. Bill Weaver, Chair, presiding.

MEMBERS PRESENT

Mr. Bill Weaver, Chair, OK City

Mr. Bill Pierce, Vice-Chair, OK City

Ms. Jeannie Gault, Sec-Treasurer, Lawton

Ms. Marlene Asmussen, OK City

Ms. Nancy Atkinson, OK City

Ms. Susan Barnes, Marlow

Ms. Stella Church, OKCity

Mr. Jim Jakubovitz, Tulsa

Dr. Maurice Payne, Checotah

Ms. Nancy Pfeifer, Tulsa

Ms. Peggy Wiebener, Thomas

Mr. Terry Williams, OK City

MEMBERS ABSENT

Mr. Marc Edwards, OK City

Ms. Stacie Ware, Broken Arrow

OTHERS PRESENT

Mr. Gaylord Z. Thomas, Executive Director

Ms. Brinda White, Assistant Attorney General

Mr. Richard Mildren, Prosecuting Attorney for the Board

Ms. Ginger Dean

Ms. Pam Duren

Ms. Christina McFarland

Ms. Andrea Huff

Mr. Sherman Huff

Mr. Anthony Caudill

Mr. Gus Pekara

Ms. Doyalyne Gardner

Mr. Donald Blose & Family

Ms. Marilyn Kipps

Ms. Tinda Hardin

Mr. Steven Moore

Ms. Shirley Loveless

Ms. Elaine Johns

Ms. Esther Houser

Ms. Becky Moore

Mr. Bill Weaver, Chair, called the meeting to order at 9:00 a.m. and stated that we were in compliance with the Open Meeting Act and Authority.

Mr. Bill Weaver asked Ms. Pam Duren to call roll to establish a quorum.

Present were, Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. There was a quorum present.

Mr. Bill Weaver informed the public present that this was the last meeting of this Board and that he appreciated everyone and stated that it has been a pleasure to serve with all the members. Mr. Weaver asked the public to introduce themselves to the Board members as this time.

Motion was made by Ms. Peggy Wiebener, seconded by Dr. Maurice Payne, to approve the minutes of the 9-28-2011 meeting as submitted with the noted correction. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Bill Pierce Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – Ms. Jeannie Gault.

Ms. Jeannie Gault, Chair of the Education Committee, led the review, discussion and possible action regarding the request of the new potential licensee.

Ms. Gault informed the Board that Mr. Donald Blose met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Bill Pierce, seconded by Mr. Terry Williams, to approve Mr. Donald Blose as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – None. Recuse – Ms. Nancy Atkinson.

Ms. Gault informed the Board that Mr. Steven Moore met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Bill Pierce, seconded by Ms. Peggy Wiebener, to approve Mr. Steven Moore as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – None.

Ms. Gault led the review, discussion and possible action regarding the following requests of Assistant Administrator certification.

After discussion from the Board, Ms. Gault informed the Board that Ms. Doyalyne Gardner met the requirements for certified Assistant Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Jeannie Gault, to approve Ms. Gardner as a certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – None.

After discussion from the Board, Ms. Gault informed the Board that Ms. Tina Hardin met the requirements for certified Assistant Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Mr. Terry Williams, to approve Ms. Hardin as a certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – None.

After discussion from the Board, Ms. Gault informed the Board that Ms. Elaine Johns would need to provide the Board with sufficient evidence that she met the requirement of having 2 years management, leadership or supervisory experience in a long term care facility.

Motion was made by Mr. Bill Pierce, seconded by Ms. Nancy Pfeifer, to table the request of Ms. Elaine Johns regarding her certification as Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – None.

After discussion from the Board, Ms. Gault informed the Board that Ms. Christina McFarland met the requirements for certified Assistant Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Mr. Bill Pierce, to approve Ms. McFarland as a certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – None.

After discussion from the Board, Ms. Gault informed the Board that Ms. Robyn Prescott met the requirements for certified Assistant Administrator.

Motion was made by Mr. Bill Pierce, seconded by Ms. Nancy Pfeifer, to approve Ms. Prescott as a certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – None.

There was a presentation of the licenses and certificates as this time.

Mr. Richard Mildren, the Board’s Prosecuting Attorney, led the review, discussion and possible action regarding the following cases and informed the Board members that the red packets had been previously distributed by Mr. Thomas which contained the following Settlement Agreements along with a summary of each case.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Giela Williams, License No. 2925, Case No. 09-67(H).

The Settlement Agreement stated that Ms. Williams would receive a letter of concern and pay a fine of $500.00 within 60 days of the date the agreement is signed by the Board.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Terry Williams, to approved the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Bill Pierce and Ms. Peggy Wiebener.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Lisa Chidree, License No. 2907, Case No. 10-38(H).

The Settlement Agreement stated that Ms. Childree would receive a letter of reprimand, pay a fine of $750.00 within 60 days and complete 12 hours of continuing education in the areas relating to abuse of residents and/or residents rights approved by the Executive Director within 120 days of the date the agreement is signed by the Board.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Pierce, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Jeannie Gault, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – Ms. Nancy Atkinson, Mr. Bill Weaver and Ms. Nancy Pfeifer.

Mr. Richard Mildren led the review, discussion and following action regarding the following cases. Discussion followed.

Mr. Mildren recommended that Case No. 09-56 (P) be dismissed without prejudice along with a letter of concern.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Pierce, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Mr. Bill Pierce and Ms. Peggy Wiebener. Negative – Ms. Nancy Atkinson. Abstaining – Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams.

Mr. Mildren recommended that Case No. 09-106 (P) be dismissed without prejudice along with a letter of concern.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Pierce, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Mr. Bill Pierce and Ms. Peggy Wiebener. Negative – Ms. Nancy Atkinson. Abstaining – Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams.

Mr. Mildren recommended that Case No. 09-114 (H) be dismissed without prejudice along with a letter of concern.

Motion was made by Ms. Peggy Wiebener, seconded by Dr. Maurice Payne, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church and Ms. Jeannie Gault.

Mr. Mildren recommended that Case No. 09-26 (H) be dismissed without prejudice along with a letter of concern.

Motion was made by Ms. Jeannie Gault, seconded by Mr. Jim Jakubovitz, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining - Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Bill Pierce and Ms. Peggy Wiebener.

Mr. Mildren recommended that Case No. 10-81 (H) be dismissed without prejudice along with a letter of concern.

Motion was made by Ms. Jeannie Gault, seconded by Dr. Maurice Payne, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Bill Pierce and Ms. Peggy Wiebener.

Mr. Mildren recommended that Case No. 09-37 (H) be dismissed without prejudice along with a letter of concern.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Susan Barnes, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Mr. Bill Pierce and Ms. Peggy Wiebener. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams.

Mr. Mildren recommended that Case No. 09-43 (D) be dismissed without prejudice along with a letter of concern.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Susan Barnes, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Mr. Bill Pierce and Ms. Peggy Wiebener. Negative – Ms. Nancy Atkinson. Abstaining – Ms. Stella Church, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams.

Mr. Mildren recommended that Case No. 09-60 (D) be dismissed without prejudice along with a letter of concern.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Jeannie Gault, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Mr. Bill Pierce and Ms. Peggy Wiebener. Negative – Ms. Nancy Atkinson. Abstaining – Ms. Stella Church, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams.

Mr. Mildren recommended that Case No. 09-42 (P) be dismissed without prejudice along with a letter of concern.

Motion was made by Ms. Peggy Wiebener, seconded by Mr. Jim Jakubovitz, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – Ms. Nancy Atkinson. Abstaining – None.

Mr. Mildren recommended that Case No. 09-53 (P) be dismissed without prejudice along with a letter of concern.

Motion was made by Ms. Susan Barnes, seconded by Mr. Jim Jakubovitz, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Mr. Bill Pierce and Ms. Peggy Wiebener. Negative – Ms. Nancy Atkinson. Abstaining – Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams.

Mr. Mildren recommended that Case No. 09-23 (H) be dismissed without prejudice along with a letter of concern.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Susan Barnes, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Mr. Bill Pierce and Ms. Peggy Wiebener. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams.

Mr. Mildren recommended that Case No. 08-56 (H) be dismissed without prejudice along with a letter of concern.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Pierce, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Mr. Bill Pierce and Ms. Peggy Wiebener. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams.

Mr. Mildren recommended that Case No. 09-61 (H) be dismissed without prejudice along with a letter of concern.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Marlene Asmussen, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Mr. Bill Pierce and Ms. Peggy Wiebener. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams.

Mr. Mildren recommended that Case No. 10-69 (H) be dismissed without prejudice along with a letter of concern.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Jeannie Gault, to approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Bill Pierce and Ms. Peggy Wiebener.

Mr. Richard Mildren led the review, discussion and possible action regarding OSBELTCA vs. Lucy Kelley, License No. 2969, Case No. 11-73 (H).

The Settlement Agreement stated that Ms. Kelley would receive a letter of concern, pay a fine of $300.00 within 60 days and complete 6 hours of continuing education in the areas relating to leadership, management and/or supervision approved by the Executive Director within 120 days of the date the agreement is signed by the Board.

Motion was made by Ms. Nancy Pfeifer, seconded by Mr. Jim Jakubovitz, to approve the aforementioned agreement. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Marlene Asmussen and Mr. Bill Pierce.

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

Mr. Thomas reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 11-58 (D).

Motion was made by Ms. Peggy Wiebener, seconded by Ms. Nancy Pfeifer, to accept the recommendation of the Probable Cause Committee that there was no probable cause regarding the aforementioned case from the Department of Human Services. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – Ms. Susan Barnes, Ms. Stella Church, Ms. Marlene Asmussen and Mr. Bill Pierce.

Mr. Thomas reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 11-83 & 11-86 both from the Oklahoma State Department of Health.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Terry Williams, to accept the recommendation of the Probable Cause Committee that there was no probable cause regarding the aforementioned cases both from the Oklahoma State Department of Health. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Marlene Asmussen and Mr. Bill Pierce.

Ms. Jeannie Gault, Chair of the Finance Committee, led the review, discussion and possible action regarding the Finance Committee Report. Ms. Gault went over the finance report and informed the Board that everything was going well.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Peggy Wiebener, to approve the aforementioned Finance Report. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – None.

Mr. Richard Mildren, the Board’s Prosecuting Attorney, led the review, discussion and possible action regarding OSBLETCA vs. Jeff Butcher, License No. 3131, Case No. 11-29 & 11-34, both from the Oklahoma State Department of Health.