Ok St Bd of Examiners for Long Term Care Adms., 12-15-2010

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 12-15-2010

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held December 15, 2010. The meeting was held in the ConstructionIndustriesBoardConferenceCenter, 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, Oklahoma City

Mr. Bill Pierce, Vice-Chair, Oklahoma City

Ms. Nancy Atkinson, Oklahoma City

Mr. Marc Edwards, Oklahoma City

Mr. Jim Jakubovitz, Tulsa

Mr. Terry Williams, Oklahoma City

Ms. Susan Barnes, Marlow

Ms. Stacie Ware, Broken Arrow

Ms. Stella Church, Oklahoma City

Dr. Maurice Payne, Checotah

Ms. Marlene Asmussen, Oklahoma City

MEMBERS ABSENT

Ms. Jeannie Gault, Sec-Treasurer, Lawton

Ms. Peggy Wiebener, Thomas

Ms. Nancy Pfeifer, Tulsa

OTHERS PRESENT

Mr. Gaylord Z. Thomas, Executive Director

Ms. Brinda White, Assistant Attorney General

Mr. Richard Mildren, Prosecuting Attorney

Ms. Pam Duren

Mr. John Cherry

Ms. Bonnie Perkins

Ms. Kristi Malinga

Ms. Jennifer Rose

Ms. Kim Vaillancourt

Ms. Mary Brinkley

Ms. Marilyn Kipps

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. Weaver asked Ms. Pam Duren to call roll to establish a quorum. There was a quorum present.

Present were Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards.

Mr. Weaver asked the public to introduce themselves to the Board members.

Motion was made by Ms. Stella Church, seconded by Ms. Stacie Ware, that the minutes of the 11-24-2010 Board meeting be approved as submitted. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative - None. Abstaining – Ms. Nancy Atkinson.

Mr. Jim Jakubovitz arrived at 9:05 a.m.

In the absence of Ms. Jeannie Gault, Chair of the Education Committee, Mr. Jim Jakubovitz, member of the committee, led the review, discussion and possible action regarding the Education Committee Report.

Mr. Jakubovitz informed the Board that Mr. Israel Olude met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Susan Barnes, to approve Mr. Israel Olude as an Oklahoma Long Term Care Administrator effective January 1, 2011. 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. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Ms. Kim Vaillancourt met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Stacie Ware, to approve Ms. Kim Vaillancourt as an Oklahoma Long Term Care Administrator effective January 1, 2011. 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. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Mr. John Cherry met the requirements for licensure from reciprocity as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Pierce, to approve Mr. John Cherry as an Oklahoma Long Term Care Administrator effective January 1, 2011. 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. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Ms. Jennifer Rose met the requirements for licensure from reciprocity as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Pierce, to approve Ms. Jennifer Rose as an Oklahoma Long Term Care Administrator effective January 1, 2011. 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. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Ms. Billie Upshaw met the requirements for licensure from reciprocity as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Pierce, to approve Ms. Billie Upshaw as an Oklahoma Long Term Care Administrator effective January 1, 2011. 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. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Ms. Kristi Malinga met the requirements for Assistant Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Terry Williams, to approve Ms. Kristi Malinga as an 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. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Ms. Connie Brown met the requirements for reinstatement of her license from Inactive Status to Active Status.

Motion was made by Mr. Jim Jakubovitz, seconded by Dr. Maurice Payne, to approve the reinstatement of Ms. Connie Brown’s license from Inactive to Active Status. 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. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Ms. Gay Vaughn met the requirements for reinstatement of her license from Inactive Status to Active Status.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Susan Barnes, to approve the reinstatement of Ms. Gay Vaughn’s license from Inactive to Active Status. 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. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Mr. Richard Mildren, the Board’s Prosecuting Attorney, led the review, discussion and possible action regarding the OSBELTCA vs. Ms. Sharon Dutton, Licenses No. 2043, Case No. 10-43 (H).

Mr. Mildren distributed the proposed Settlement Agreement for the Board’s review. The Agreement stated that Ms. Dutton receive a letter of concern, to pay an administrative fine of $250.00 to be paid within thirty day of the adoption of the Agreement and to complete an additional 6 hours of continuing education, approved by the Executive Director and completed within 120 days of the acceptance of the Agreement.

Motion was made by Mr. Bill Pierce, seconded by Mr. Marc Edwards, 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, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Mr. Bill Weaver and Ms. Stacie Ware.

Mr. Mildren led the discussion regarding OSBELTCA vs. Ms. Marsha Huddleston, License No. 2832, Case No. 09-82 (H).

Mr. Mildren distributed the proposed Settlement Agreement for the Board’s review. The Agreement stated that Ms. Huddleston receive a letter of reprimand, to pay a fine of $500.00 to be paid within 75 days of the adoption of the Agreement and to complete an additional 6 hours of continuing education in the area of study related to incident reporting, approved by the Executive Director and completed within 120 days of the acceptance of the Agreement.

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

Mr. Mildren led the discussion regarding OSBELTCA vs. Mr. Kelly Jones, License No. 3045, Case Nos. 09-05 & 09-36.

Mr. Mildren distributed the proposed Settlement Agreement for the Board’s review. The Agreement stated that Mr. Jones receive a letter of reprimand and for Count I pay a fine of $250.00 and for Count II, a fine of $500.00 (totaling $750.00 in fines) within 30 days of the Board’s adoption of the Agreed Order. Mr. Jones is to complete an additional 6 hours of continuing education in the area relating to incident reporting for Count I and an additional 6 hours of continuing education in the area relating to residents’ rights and/or pain management for Count II, totaling 12 additional hours of continuing education to be approved by the Executive Director and completed within 120 days of the acceptance of the Agreement.

Motion was made by Mr. Bill Pierce, seconded by Mr. Marc Edwards, 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, Mr. Bill Weaver, Ms. Stacie Ware, Mr. Bill Pierce and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Dr. Maurice Payne and Mr. Terry Williams.

Mr. Mildren led the discussion regarding OSBELTCA vs. Ms. Doreen Kelley, License No. 3073, Case No. 10-21(D).

Mr. Mildren distributed the proposed Settlement Agreement for the Board’s review. The Agreement stated that Mr. Doreen Kelley receive a letter of concern, to pay an administrative fine of $300.00 to be paid with 30 days of the Board’s adoption of the Agreed Order and to complete an additional 6 hours of continuing education approved by the Executive Director and completed within 120 days of the acceptance of the Agreement.

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

Mr. Mildren led the discussion regarding OSBELTCA vs. Ms. Judi Smith, License No. 2836, Case No. 08-49(H) 09-71 (P)

Mr. Mildren distributed the proposed Settlement Agreement for the Board’s review. The Agreement stated that Ms. Judi Smith receive a letter of concern, to pay a fine of $500.00 within 30 days of the Board’s adoption of the Agreed Order and to complete an additional 6 hours of continuing education in the area related to incident reporting to be approved by the Executive Director and completed within 120 days of the acceptance of the Agreement. Discussion followed.

Motion was made by Mr. Bill Pierce, seconded by Mr. Marc Edwards, 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, Mr. Bill Weaver, Ms. Stacie Ware, Mr. Bill Pierce and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Dr. Maurice Payne and Mr. Terry Williams.

Mr. Marc Edwards, Chair of the Probable Cause Committee, led the review, discussion and possible action regarding the Probable Cause report.

Mr. Edwards reported that the committee recommended that there was no probable cause regarding the following cases:

Case No. 10-46(H)

Case No. 10-47(H)

Case No. 10-60(H)

Case No. 10-65(H)

Case No. 10-72(H)

Case No. 10-75(H)

Motion was made by Mr. Marc Edwards, seconded by Mr. Bill Pierce, to approve the recommendation of the Probable Cause Committee that there was no probable cause regarding the aforementioned cases. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Mr. Bill Weaver and Ms. Stacie Ware.

Mr. Edwards reported that the committee recommended that there was no probable cause regarding the following case:

Case No. 09-29(D)

Motion was made by Mr. Marc Edwards, seconded by Mr. Bill Pierce, to approve the recommendation of the Probable Cause Committee that there was no probable cause regarding the aforementioned case. Motion carried with voting as follows: Affirmative – Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – Ms. Susan Barnes, Ms. Stella Church and Mr. Marc Edwards. Recuse – Ms. Nancy Atkinson.

Mr. Edwards reported that the committee recommended that there was no probable cause regarding the following cases:

Case No. 10-64(H)

Case No. 10-66(H)

Case No. 10-78(H)

Motion was made by Mr. Marc Edwards, seconded by Mr. Jim Jakubovitz, to approve the recommendation of the Probable Cause Committee that there was no probable cause regarding the aforementioned cases. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes and Mr. Bill Pierce.

Mr. Bill Weaver informed the Board that Ms. Stacie Ware would be unable to continue on the Probable Cause Committee for awhile and asked if there were any volunteers to take her place. Mr. Bill Pierce volunteered to take her place until she was able to resume her position on the committee.

Mr. Gaylord Z. Thomas led the review, discussion and possible action regarding the request of Ms. Frances Sanders, License No. 1969, to Waive CEU Requirement for CY 2010 Pursuant to 490:1-9-4.(f). Discussion followed.

Motion was made by Mr. Marc Edwards, seconded by Mr. Terry Williams, to require Ms. Sanders to submit additional documentation from the physician and rather than waive the CEU’s required in 2010, the Board would defer those hours to be completed in 2011. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – Ms. Marlene Asmussen. Abstaining – None.

Mr. Gaylord Z Thomas led the review, discussion and possible action regarding extending the allowable time period for the completion of the investigation of Case No. 10-06 pursuant to Title 63, Chapter 12, 330.64(A). Discussion followed.

Motion was made by Mr. Marc Edwards, seconded by Mr. Bill Pierce, to approve the request to extend the allowable time period for good cause for the completion of the investigation of Case No. 10-06, pursuant to Title 63, Chapter 12, 330.64(A). The time period was extended until August 1, 2011. 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. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Mr. Bill Weaver led the review, discussion and possible action regarding setting passing scores on the Nursing Home Administrators exam conducted by the National Association of Long Term Care Administrators Board and on the Oklahoma State Standards exam.

Ms. Brinda White informed the Board that the Board needs to have on record the scores that the Board accepts as passing on each of these exams. The score that the National Association of Long Term Care Administrators Board accepts as passing on the Nursing home Administrators exam is 113. The Board would also like to have on record that the passing score for the State Standards examination is 75%. Discussion followed.

Motion was made by Mr. Jim Jakubovitz, seconded by Dr. Maurice Payne, to use as the Board’s passing score on the Nursing Home Administrator’s exam the same score used by the National Association of Long Term Care Administrator’s Board. The current passing score for the Nursing Home Administrator’s examination is 113. The Board would also like to have on record that the passing score for the State Standards examination is 75%. 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. Stacie Ware, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Mr. Jim Jakubovitz left at 10:10 a.m.

Mr. Gaylord Z Thomas led the review, discussion and possible action regarding the Finance Committee report. Mr. Thomas informed the Board members that the report was in their packet and that we are now in the process of collecting funds from licensure renewal and there are no problems regarding finances at this time.

Mr. Terry Williams, Chair of the Legislative Committee led the review, discussion and possible action regarding the Legislative Committee report.

Mr. Williams informed the Board that they had a meeting scheduled at 2:00 p.m. at the Capitol with Representative Dank regarding placing the Adult Daycare, Assisted Living and Residential Care under one agency. It was a very good meeting and in attendance were Mr. Terry Williams, Ms. Mary Brinkley and Mr. Gaylord Z. Thomas; also Ms. Penny Ridenour was invited but did not show up until 3:00 p.m. Ms. Ridenour was unable to visit with Representative Dank. Ms. Ridenour voiced negative concerns to the others regarding fees, background checks and degrees for licensure. Discussion followed.

Ms. Mary Brinkley, Executive Director of the Oklahoma Association of Homes and Services for the Aging,commented that it was important to have all continuum of care on Board. The aforementioned negative concerns Ms. Ridenour voiced were addressed positively. After more discussionstwo major concerns were resolved regarding the proposed legislation of the Board:l) there would be no fee increases and 2) no expansion of the Board sizebecause there is representation of each entity presently. These two issues are important because of the Republican stance concerning right sizing and fee issues. The Board is very appreciative of Ms. Mary Brinkley’s comments and assistance.

There was no report regarding the Personnel Committee.

Mr. Bill Pierce, Chair of the QA/Rules Revision Committee informed the Board that a meeting would be held after today’s meeting.

There was no report regarding the Code of Ethics.