Ok St Bd of Examiners for Long Term Care Adms., 10-25-06

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 10-25-06

DRAFT MINUTES

The Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) met October 25, 2006 at the OklahomaEngineeringCenter, 201 NE 27th, Room 25, Oklahoma City, Oklahoma with Ms. Eleanor Kurtz, Vice-Chair, presiding.

MEMBERS PRESENT

Ms. Eleanor Kurtz, Vice-Chair, Oklahoma City

Ms. Jeannie Gault, Sec-Treasurer, Lawton

Mr. Bill Weaver, Oklahoma City

Ms. Peggy Wiebener, Thomas

Ms. Emma Jordan, Alva

Dr. J. T. (Tom) O'Connor, Jr., Marietta

Mr. Terry Williams, Oklahoma City

Ms. Terry Clark, Tulsa

Dr. Maurice Payne, Checotah

Ms. Nancy Atkinson, Oklahoma City

MEMBERS ABSENT

Ms. Nancy Pfeifer, Tulsa

Mr. Jim Jakubovitz, Tulsa

OTHERS PRESENT

Dr. Roger Lanier, Executive Director

Pam Duren

Brinda White, Assistant Attorney General

Tricia Everest, Assistant Attorney General

Scott McBride

April Webb

Carrie Burnsed

Anna Osborne

John Gatliff

Lucy Kelley

Marietta Lynch

Linda Herrin

The meeting was called to order at 9:00 a.m. by Ms. Eleanor Kurtz, Vice-Chair.

Motion was made by Dr. Tom O'Connor, seconded by Ms. Emma Jordan,that the minutes of the September 27, 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, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – None. Abstaining – None.

Ms. Eleanor Kurtz informed the Board members and public that Ms. Mary Ann Karns had regretfully resigned as Chair of the Board. Ms. Karns had family obligations that could no longer be put on hold and that required her immediate attention. Ms. Karns informed Ms. Kurtzthat she had spoken with Dr. Terry Cline and Governor Brad Henry concerning our Board's needs and that Governor Henry assured her that the Board member appointees would be expedited. Ms. Karns has worked very hard on all Board issues and will be genuinely missed. Our best wishes goes to Ms. Mary Ann Karns and her family.

It was the consensus of the Board that Ms. Eleanor Kurtz, currently Vice-Chair; assume the position of Chair until the December 2006 Board meeting, when elections would be held.

Ms. Kurtz had the public present at the meeting to introduce themselves to the Board.

Dr. Roger Lanier, Executive Director, gave his report as follows:

1. Administrative University is progressing very well. We picked up two more registrants who were not required to attend, but lost one that was required to attend which brings the class size to 18. The volunteer faculty has needed quite a bit of support during the last month. There were some cancellations, some time changes, and some rescheduling. So far, we have been able to reschedule, or find substitute faculty to fill-in at the last minute. The students remain enthusiastic and the individual lecture evaluations have been strong.

2. We administered the State Examination on October 6 (2:00 pm). We may have to schedule another testing date in November to accommodate some specific requests. December 14 (9:00 am) continues to be scheduled. Anyone interested in registering for the Examination should contact the office. With implementation of AdministrativeUniversity and limited staff, we are reducing the number of times per year that the Examination is administered.

3. We have started to receive feedback related to the letter that was mailed to the dated applications. Of the letters, 58 were returned without a current address. Additionally, 6 emails and one telephone call directed us to close the files. And two people have notified us to keep their files open. One, however, said she assumed she was not required to have a degree because she applied prior to 2001. I have assured her that current licensure requirements will be enforced, but we would hold her file open.

4. The budget has continued to be the focus of much attention during the last month. Unpaid accounts continue to surface. Unpaid creditors continue to call several times daily. We invoiced the Health Department for services on the subcontract for the month of September and were paid (billed for October). For the first time, I believe some progress was made with the Office of State Finance. While they did not produce the standard monthly financial report that was requested, we have started a transition with the Department of Health’s financial person, Dennis Johnson. Jeannie Gault will provide other details.

I also copied each of you earlier with my structural concerns related to the budget (see attached). I believe these are serious and must be seriously addressed prior to July 1, 2007. The issues will continuously affect the Agencies ability to operation until addressed and solved.

5. The Complaint/Referral statistics have been briefly summarized and are attached. There are 20 pending complaints that are less than 180 days old. There are an additional 28 that exceed 180 days. Moreover, I believe there are 28 2567 surveys less than 180 days old and 61 that exceed 180 days.

The grand total of currently pending cases of all dates and types is 137. This compares to 134 in September, 125 in August, and 114 in July. Three cases have been received in October and 29 cases have been received since early July.

6. I am scheduled to speak on AdministrativeUniversity tomorrow, October 26, at Oklahoma Association of Homes and Services for the Aging at Metro Tech in Oklahoma City. I spoke on October 10 at Green Country in Tulsa and it seemed to go fairly well.

Dr. Lanier informed the Board that the quorum for the Board remained eight members, regardless of vacancies.

Dr. Lanier also informed the Board of the newspaper clippings that were included in the packets for their informational interest.

Ms. Nancy Atkinson requested that Dr. Lanier include in his report the total number of Hearings that are pending and also who requested the Hearing.

Ms. Tricia Everest, Assistant Attorney General, informed the Board members that the statute regarding fee limitations had been stricken and that this could prove to be a benefit for the Board, now that fees could be increased.

Ms. Jeannie Gault, Sec-Treasurer, led the discussion regarding the Finance Report. The situation continues to remain grave as the only thing getting paid is the staff's salaries, no bills are being paid. Ms. Gault informed the Board that we are currently in a holding pattern until November elections are over, then we can start the process to become an appropriated agency, however, this is a legislative decision. Dr. Lanier informed the Board that we did have an option to raise licensure fees from $200.00 to $500.00, or whatever amount was chosen, but that would probably result in a decrease number of administrators to half. Dr. Lanier also stated that if we did not receive appropriations by July 1, the staff would need to be reduced to 1 and then,of course, the agency could not function. Ms. Kurtz informed the Board that she would be scheduling meetings of the Executive Committee, Finance Committee, Rules Committee and any other Board members who wanted to participate, todiscuss current issues and needs of the Board and ways to resolve them. After the November elections, the Board will be presenting a budget and funding proposal to the Governor. Discussion followed.

Motion was made by Ms. Nancy Atkinson, seconded by Ms. Terry Clark, 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, review and possible action regarding the licensure candidates.

Dr. Lanier informed the Board that Mr. Scott McBride met all licensure requirements.

Motion was made by Mr. Bill Weaver, seconded by Ms. Peggy Wiebener, to approve Mr. Scott McBride as an Oklahoma Nursing Home Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – None. Abstaining – None.

Ms. Terry Clark was not present at this time, so consequently had no vote.

Dr. Lanier informed the Board that Ms. Kaylene McGurk did not currently meet the licensure requirements, but that Ms. McGurk's application was being presented as requested by the Evangelical Lutheran Good Samaritan Society, who was having difficulty finding an administrator for their Hobart facility. The Education Committee would need to review Ms. Gurk's previous administrator-in-training, which consisted of 960 hours of training and she would also need to attend AdministratorUniversity. It was a unanimous consent to table this item until the November meeting, giving time to start the provisional license process and proposal. Ms. Nancy Atkinson stated that we do have statutory authority to grant a provisional license, however, it is not in our current rules.

Dr. Roger Lanier informed the Board that Ms. April Webb met all licensure requirements.

Motion was made by Mr. Bill Weaver, seconded by Ms. Peggy Wiebener, to approve Ms. April Webb as an Oklahoma Nursing Home Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Terry Clark, Dr. Tom O'Connor, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – None. Abstaining – None.

Ms. Kurtz led the discussion regarding the review, discussion and possible action on certification of Mr. Mitchell Townsend as a Preceptor.

Motion was made by Ms. Terry Clark, seconded by Ms. Eleanor Kurtz, to approve Mr. Mitchell Townsend as a certified preceptor. Motion carried as follows: Affirmative – Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Nancy Atkinson.

Mr. Terry Williams was not present at this time, so consequently had no vote.

Ms. Kurtz led the discussion regarding the consideration and possible approval of request for continuing education programs.

Motion was made by Ms. Jeannie Gault, seconded by Dr. Maurice Payne, to approve the following program for continuing education for Oklahoma Nursing Home Administrators:

OK St Dept of Health

Unlocking the Mystery of MDS Assessment

January 9, 10, and 11, 2007

GordonCooperTechCenter

Shawnee, OK

Approved for 18 hrs CE (This is a portion of AU)

Motion carried with voting as follows: Affirmative – Ms. Eleanor Kurtz, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – Mr. Bill Weaver. Abstaining – Ms. Nancy Atkinson.

Motion was made by Dr. Tom O'Connor, seconded by Mr. Terry Williams, to approve the following program for continuing education for Oklahoma Nursing Home Administrators:

OK ST Dept of Health

MDS Automation and Quality Indicator/Measure Workshop

February 28, 2007

GordonCooperTechCenter

Shawnee, OK

Approved for 6 hrs of CE (This is a portion of AU)

Motion carried with voting as follows: Affirmative – Ms. Eleanor Kurtz, Ms. Jeannie Gault, Dr. Tom O'Connor, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – Mr. Bill Weaver. Abstaining – Ms. Nancy Atkinson.

Ms. Kurtz led the discussion regarding the review, discussion and possible action on the proposed Board meeting dates for CY 2007.

Motion was made by Ms. Nancy Atkinson, seconded by Ms. Jeannie Gault, to approve the proposed Board meeting dates for CY 2007. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Terry Clark, Dr. Tom O'Connor, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – None. Abstaining – None.

Ms. Tricia Everest, Assistant Attorney General, led the review, discussion and possible action regarding Dr. Roger Lanier to have authorization to sign on behalf of Board subpoenas and Orders entered by the Board.

Motion was made by Mr. Bill Weaver, seconded by Ms. Peggy Wiebener, to approve Dr. Roger Lanier to have authorization to sign on behalf of Board subpoenas and Orders entered by the Board. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Terry Clark, Dr. Tom O'Connor, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – None. Abstaining – None.

Ms. Eleanor Kurtz led the discussion concerning the possible action regarding the consideration of complaints where the investigation has not been completed within 180 days. Title 63 O.S. Section 330.64.A states that each investigation of a complaint received by the Board shall be completed within 180 days from the date the complaint is received by the Board.

There was a 10 minute break at this time.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Nancy Atkinson, to convene Executive Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Terry Clark, Dr. Tom O'Connor, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – None. Abstaining – None.

Motion was made by Dr. Tom O'Connor, seconded by Mr. Terry Williams, to reconvene into open session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Terry Clark, Dr. Tom O'Connor, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – None. Abstaining – None.

After lengthy discussion by all Board members, Ms. Eleanor Kurtz stated that due to lack of resources, the complaints, the investigations of which has not been completed within 180 days after receipt, as required by statute, will be dismissed.

Motion was made by Mr. Bill Weaver, seconded by Ms. Terry Clark, to accept the aforementioned statement read by Ms. Eleanor Kurtz which stated that, due to lack of resources, the complaints that exceed 180 days, as required by statute, will be dismissed. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Terry Clark, Dr. Tom O'Connor, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – None. Abstaining – None.

Ms. Kurtz informed the public that this decision was made with regret and a sincere struggle for the Board and that this action was not taken lightly.

Ms. Eleanor Kurtz led the discussion regarding the review, discussion and possible action on the acceptance and review of the OSDH 2567 surveys.

Motion was made by Dr. Tom O'Connor, seconded by Mr. Bill Weaver, to invite the Oklahoma State Department of Health to our November 15, 2006 Board meeting to present their view of the 2567 survey as it applies to the Board and then to develop a procedure for reviewing and acting upon the reports. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Terry Clark, Dr. Tom O'Connor, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – None. Abstaining – None.

Ms. Tricia Everest, Assistant Attorney General, led the discussion concerning OSBELTCA v. Anna Osborne Case No. 05-65 for the proposed action on the Settlement Agreement.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Terry Clark, to convene Executive Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Terry Clark, Dr. Tom O'Connor, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – None. Abstaining – None.

There was a lunch break at this time running concurrently with Executive Session.

Motion was made by Ms. Nancy Atkinson, seconded by Dr. Maurice Payne, to reconvene Executive Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Terry Clark, Dr. Tom O'Connor, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – None. Abstaining – None.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Nancy Atkinson, to deny the proposed Settlement Agreement and to continue with the original Order. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Ms. Jeannie Gault, Ms. Terry Clark, Dr. Tom O'Connor, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener, and Dr. Maurice Payne. Negative – Mr. Bill Weaver. Abstaining – None.

There was a 10 minute break at this time.

Ms. Nancy Atkinson led the discussion regarding the review, discussion and possible action regarding the first draft of the proposed rules and regulations.

Ms. Atkinson also thanked the members of the committee, who has consistently met after regular Board meetings since July, for the countless hours of work that was involved in getting the first draft ready for review.

There was much discussion concerning the rules and regulation. Ms. Atkinson explained the matrix that was developed,which would help a person in a particular licensure status, to know what they would have to do to become active again and the Table of Content pages, which would help the person find things much easier in the rules. She also explained the rule making process and the time frame to the Board members. Ms. Atkinson informed the members that at the earliest the proposed rules would not be final until May 2007 and that it would probably be June or July 2007.

Dr. Roger Lanier informed the Board that, given the current status of the office, we do not have the staff or funds to implement the proposed rules.

After much discussion, it was decided that a Rules Committee meeting would be held prior to the November Board meeting, to discuss the financial implications concerning the proposed rules. The proposed rules would again be an agenda item for the November Board meeting.

The Board's regularly scheduled meeting is November 22, 2006 the day before Thanksgiving. It was the consensus of the Board to change the date to November 15, 2006, taking in consideration that we can find a location.

Ms. Eleanor Kurtz and the Board members thanked Ms. Nancy Atkinson and committee members for their hard work.

At this time, Agenda Item #17 was moved forward.