Ok St Bd of Examiners for Long Term Care Adms., 2-16-2011

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 2-16-2011

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held February 16, 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, Oklahoma City

Mr. Bill Pierce, Vice-Chair, Oklahoma City

Dr. Maurice Payne, Checotah

Ms. Nancy Atkinson, Oklahoma City

Mr. Marc Edwards, Oklahoma City

Mr. Jim Jakubovitz, Tulsa

Mr. Terry Williams, Oklahoma City

Ms. Marlene Asmussen, Oklahoma City

Ms. Susan Barnes, Marlow

Ms. Stella Church, Oklahoma City

Ms. Nancy Pfeifer, Tulsa

Ms. Peggy Wiebener, Thomas

MEMBERS ABSENT

Ms. Jeannie Gault, Sec-Treasurer, Lawton

Ms. Stacie Ware, Broken Arrow

OTHERS PRESENT

Mr. Gaylord Z. Thomas, Executive Director

Ms. Brinda White, Assistant Attorney General

Ms. Pam Duren

Ms. Becky Moore

Mr. Jonathan Carson

Ms. Micah Quick

Ms. Pat Bean

Mr. Bill Weaver, Chair, called the meeting to order at 9:00 am 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.

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

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

Motion was made by Ms. Peggy Wiebener, seconded by Ms. Susan Barnes, that the minutes of the 1-26-2011 Board meeting be approved as submitted. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

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. Jonathan Carson met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Terry Williams, to approve Mr. Jonathan Carson 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, Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

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

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Nancy Pfeifer, to approve Ms. Micah Quick 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, Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board of the following request for continuing education hours for Long Term Care Administrators in Oklahoma:

2011 Governor’s Conference on Developmental Disabilities

United We Stand – March 21-22, 2011

Embassy Suites Norman – Hotel & Conference Center, Norman, OK

Requesting Total of 9 hrs of CE – lst day – 5 hrs, 2nd day – 4 hrs.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Terry Williams, to approve the aforementioned program for 9 hours of continuing education. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Ms. Marlene Asmussen arrived at 9:10 a.m.

In the absence of Mr. Richard Mildren, Board’s Prosecuting Attorney, Ms. Tracy Zahl, led the review, discussion and possible action regarding the following Settlement Agreements.

Mr. Thomas distributed packets which contained all of the following Settlement Agreements along with the summary to the Board members.

Ms. Tracy Zahl led the review, discussion and possible action regarding OSBELTCA vs. Mr. Don Farmer, License No. 1309, Case No. 10-63 (H).

The Settlement Agreement stated that Mr. Don Farmer would receive a letter of concern, pay a fine of $250.00 within 30 days of the acceptance of the Agreement and complete 6 hours of continuing education in the area relating to incident reporting to be approved by the Executive Director and completed within 120 days of the acceptance of this 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. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative - None. Abstaining – Ms. Nancy Atkinson, Mr. Bill Weaver and Ms. Nancy Pfeifer.

Ms. Tracy Zahl led the review, discussion and possible action regarding OSBELTCA vs. Ms. Charlotte Bibbs, License No. 1253, Case Nos. 08-29, 09-39, 10-44 (H).

The Settlement Agreement stated that Ms. Charlotte Bibbs would receive a letter of concern, pay a fine of $400.00 within 30 days of the acceptance of the Agreement and complete 6 hours of continuing education in the area relating to incident reporting and/or residents rights to be approved by the Executive Director and completed within 120 days of the acceptance of this Agreement.

Motion was made by Mr. Marc Edwards, seconded by Ms. Susan Barnes, 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, Mr. Bill Pierce, Ms. Peggy Wiebener and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams.

Ms. Tracy Zahl led the review, discussion and possible action regarding OSBELTCA vs. Mr. Don Farmer, License No. 1309, Case No. 10-57 (H).

The Settlement Agreement stated that Mr. Don Farmer would receive a letter of concern, pay a fine of $250.00 within 30 days of the acceptance of the Agreement and complete 6 hours of continuing education in the area relating to incident reporting and/or resident rights to be approved by the Executive Director and completed within 120 days of the acceptance of this Agreement.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Marc Edwards, 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. Nancy Pfeifer, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Bill Pierce and Ms. Peggy Wiebener.

Ms. Tracy Zahl led the review, discussion and possible action regarding OSBELTCA vs. Ms. Jo Ann Hart, License No. 2792, Case No. 09-79 (H). Ms. Zahl informed the Board members that Case No. 09-26 and 10-81 would be on the March 2011 agenda.

The Settlement Agreement stated that Ms. Jo Ann Hart would receive a letter of concern, pay a fine of $250.00 within 90 days of the acceptance of the Agreement and complete 6 hours of continuing education within 120 days of the acceptance of the Agreement.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Marc Edwards, 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. Nancy Pfeifer, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Bill Pierce and Ms. Peggy Wiebener.

Ms. Tracy Zahl also informed the Board that OSBELTCA vs. Mr. Tom Leatherman, License No. 3186, Case No. 10-51 (D) would be presented at a later Board meeting.

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

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

No. 11-05 (P)

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 case. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Mr. Bill Weaver, Ms. Nancy Pfeifer and Mr. Bill Pierce. Recuse – Ms. Nancy Atkinson.

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

No. 10-86 (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 case. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Mr. Bill Weave, Ms. Nancy Pfeifer and Mr. Bill Pierce.

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

No. 11-04 (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 case. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Mr. Bill Weave, Ms. Nancy Pfeifer and Mr. Bill Pierce.

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

No. 11-01 (H) and 11-06 (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. Nancy Pfeifer, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Bill Pierce and Ms. Peggy Wiebener.

In the absence of Ms. Jeannie Gault, Chair of the Finance Committee, Mr. Gaylord Z. Thomas, Executive Director, went over the finance report and informed the Board that we were doing well financially.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Pierce, to approve the Financial report as presented. 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, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

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 the committee had been invited to attend the Oklahoma Assisted Living Association’s upcoming Board meeting and encouraged everyone to attend if possible so that we could inform their Board on the importance of their support of HB 1282. Also, Mr. Williams informed the Board that Mr. Bill Pierce and Mr. Thomas had met with the Chair and Vice-Chair of the committee regarding our bill and they felt that it was a positive meeting. Discussion followed.

There was no report regarding the Personnel Committee.

Mr. Bill Pierce, Chair of the Quality Assurance/Rules Revision Committee, led the review, discussion and possible action regarding the Quality Assurance/Rules Revision Committee.

Mr. Pierce informed the Board that there was a need to start reviewing the rules for various revisions and stated that there seemed to be a shortage of “good” long term care administrators. Mr. Pierce stated that the committee would be reviewing the current requirements for licensing administrators and encouraged the other members to review the rules and to make recommendations for revisions to the committee. Discussion followed.

There was no report regarding the Code of Ethics Committee.

Mr. Gaylord Z. Thomas gave his report as follows:

1. AU – Snow has been a problem; 3 weeks into the program and we’re two weeks behind due to the weather (postponed weeks 2 and 3) – working to reschedule the missed classes (classroom availability, instructor availability). Student count is actually 13 this term.