OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 2-17-2010

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held February 17, 2010. The meeting was held in the Construction Industry Board Conference Room, Suite 5, in the Shepherd Mall Office Complex, 2401 NW 23rd, Oklahoma City, Oklahoma with Dr. Tom O’Connor, Chair, presiding.

MEMBERS PRESENT

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

Ms. Peggy Wiebener, Vice-Chair, Thomas

Ms. Jeannie Gault, Sec-Treasurer, Lawton

Mr. Terry Williams, OK City

Ms. Stacie Ware, Broken Arrow

Ms. Nancy Pfeifer, Tulsa

Ms. Nancy Atkinson, OK City

Mr. Bill Weaver, OK City

Ms. Stella Church, OK City

Mr. Bill Pierce, OK City

Ms. Marlene Asmussen, OK City

Mr. Jim Jakubovitz, Tulsa

MEMBERS ABSENT

Ms. Susan Barnes, Marlow

Mr. Marc Edwards, OK City

Dr. Maurice Payne, Checotah

OTHERS PRESENT

Mr. Gaylord Z. Thomas, Executive Director

Ms. Brinda White, Assistant Attorney General

Ms. Pam Duren, Secretary

Mr. Raymond Reiss

Ms. Marilyn Kipps

Ms. Penny Ridenour

Mr. Alan Skitt

Ms. Pat Bean

Mr. Lew Skaggs

Ms. Linda Jaco

Ms. Carrie Burnsed

Ms. Lisa Croston

Mr. Richard Mildren

Ms. Trista Smith

Ms. Jennifer Braun

9

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 2-17-2010

Ms. Vicki Borden

Mr. Jerry Sutton

Dr. Tom O’Connor, 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.

Dr. O’Connor welcomed the guests and asked the public to introduce themselves to the Board Members.

Motion was made by Ms. Nancy Pfeifer, seconded by Ms. Peggy Wiebener, that the minutes of the 01-27-2010 Regular Board Meeting be approved as submitted. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Dr. Tom O’Connor, Ms. Nancy Pfeifer, Mr. Bill Pierce and Ms. Peggy Wiebener. Negative – None. Abstaining – Ms. Jeannie Gault, Ms. Stacie Ware and Mr. Terry Williams.

Mr. Jim Jakubovitz, Chair of the Education Committee, led the discussion regarding the new potential licensees.

Mr. Jakubovitz reported that Mr. Lew Skaggs met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Dr. Tom O’Connor, seconded by Ms. Jeannie Gault, to approve Mr. Lew Skaggs as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Mr. Terry Williams. Negative – None. Abstaining – None.

Mr. Jakubovitz reported that Ms. Trista Smith met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Nancy Pfeifer, to approve Ms. Trista Smith as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Mr. Terry Williams. Negative – None. Abstaining – None.

Mr. Jakubovitz reported that Mr. Raymond Reiss met the requirements for licensure by reciprocity as an Oklahoma Long Term Care Administrator. Discussion followed.

Motion was made by Dr. Tom O’Connor, seconded by Ms. Peggy Wiebener, to approve Mr. Raymond Reiss by reciprocity as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Mr. Terry Williams. Negative – Ms. Stella Church, Ms. Marlene Asmussen and Ms. Stacie Ware. Abstaining – None.

Mr. Jim Jakubovitz led the review, discussion and possible action on the approval of continuing education request:

OK Dept of Human Services, DDSD

2010 Governor’s Conference on Developmental Disabilities

Norman Embassy Suites Hotel & Conference Center

Norman, OK

March 8-9, 2010

Requesting –March 8- 6 hrs. March 9-5 hrs. Total of 11 hrs CE

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Terry Williams, to approve the aforementioned program for a total of 11 hours of continuing education for Oklahoma Long Term Care Administrators. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Mr. Terry Williams. Negative – None. Abstaining – Ms. Stella Church.

Dr. Tom O’Connor led the discussion regarding the request from Ms. Jennifer Braun to retake the NAB exam.

Ms. Jennifer Braun informed the Board that she was going to take the learning disabilities exam and that she was going to take off work a week in which to dedicate to full time studying for the exam. There was discussion as to what study materials she was using and Ms. Braun informed the Board that she had taken the Batiste NAB Review also. Discussion followed.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Terry Williams, to approve the request of Ms. Jennifer Braun to retake the NAB exam. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Mr. Terry Williams. Negative – Ms. Marlene Asmussen. Abstaining – None.

Dr. O’Connor welcomed Ms. Penny Ridenour who is the Executive Director of the Oklahoma Assisted Living Association to the meeting.

Ms. Ridenour informed the Board that she was present as a representative from the Oklahoma Assisted Living Association and that she knew there had been discussion regarding the Assisted Living administrator having oversight by our Board for the past few years. Ms. Ridenour explained to the Board the certification/recertification process for Assisted Living (AL) Administrators, how the programs came into effect, the hours of continuing education, the level of care for the residents of AL administrators, etc. Ms. Ridenour informed the Board that there were approximately 130 Assisted Living Facilities in the state and that they range from 5 to 200 beds. The Oklahoma Assisted Living Association represents about 80% of all the assisted livings in the state which they are very proud. There are three main components to the AL association which are advocacy, education and membership services. There was then a question and answer session. Discussion followed.

At this time, Agenda Item No. 22 - Report of the Legislative Committee was moved up to this point.

Mr. Terry Williams, Chair of the Legislative Committee, suggested that a study group/brainstorming session which would include individuals from the various long term care entities such as the assisted living, residential care, adult day care, etc. be formed to discuss pros and cons of encompassing long term care licensure under one umbrella agency. Discussion followed.

Mr. Richard Mildren, the Board’s prosecuting attorney, requested that Case No. 08-38, Ms. Nina Honeyman, Case No. 08-05, Ms. Linda Martin and Case No. 08-11, Mr. Dess Stottlemyre be continued until the March 31st Board Meeting. The Board granted the request.

Next on the agenda was OSBELTCA v. Vicki Borden, License No. 1623, Case No. 08-15 & 08-22. Mr. Mildren distributed the proposed Consent Order to the Board Members and asked them to review it. Mr. Mildren requested that Ms. Borden receive a letter of reprimand and a $1,000.00 fine to be paid within 30 days of the date this Agreed Order is accepted by the Board. Discussion followed.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Terry Williams, to accept the proposed Consent Order for Ms. Vicki Borden, Case No. 08-15 & 08-22. Motion failed with voting as follows: Affirmative – Mr. Jim Jakubovitz, Dr. Tom O’Connor, Ms. Nancy Pfeifer and Mr. Terry Williams. Negative – Ms. Marlene Asmussen, Ms. Stacie Ware, Mr. Bill Pierce and Ms. Peggy Wiebener. Abstaining – None. Recused – Ms. Nancy Atkinson, Ms. Stella Church and Ms. Jeannie Gault.

Mr. Mildren requested that Case No. 09-31, Mr. Gary Hightower, Case No. 08-62, Mr. Richard Pruett and Case 09-104, Ms. Laura Smith, be continued until the March 31, 2010 Board Meeting. It was noted this was the second request for continuance for Mr. Gary Hightower, Case No. 09-31. The Board granted the request.

There was a break at this time.

Motion was made by Dr. Tom O’Connor, seconded by Ms. Peggy Wiebener, to convene into Executive Session to reconsider their action regarding the Consent Order on Case No. 08-15 & 08-22. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Mr. Terry Williams. Negative – None. Abstaining – None.

Mr. Bill Weaver arrived at 10:15 a.m.

Motion was made by Ms. Nancy Pfeifer, seconded by Mr. Terry Williams, to convene into Open Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Mr. Terry Williams. Negative – None. Abstaining – None.

Motion was made by Ms. Nancy Pfeifer, seconded by Mr. Terry Williams, to accept the proposed Consent Order which stated that Ms. Borden receive a letter of reprimand and a $1,000.00 fine to be paid within 30 days of the date this Consent Order is signed. Motion carried with voting as follows: Affirmative – Mr. Jim Jakubovitz, Mr. Bill Weaver, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Mr. Terry Williams. Negative – Ms. Marlene Asmussen. Abstaining – None. Recused – Ms. Nancy Atkinson, Ms. Stella Church and Ms. Jeannie Gault.

Mr. Jim Jakubovitz left at 10:20 a.m.

Mr. Mildren requested that Case No. 08-76A, Mr. Dennis Doyle, Case No. 09-114, Ms. Bonnie Perkins, Case No. 09-01, Mr. Jerry Sutton and Case No. 09-42, Ms. Patti White, be continued until the March 31, 2010 Board meeting. The Board granted the request.

In the absence of Mr. Marc Edward, Chair of the Probable Cause Committee, Mr. Z Thomas, Executive Director, led the discussion regarding the Probable Cause Committee Report.

Mr. Thomas informed the Board that the recommendation of the Committee was that there was no probable cause and to take no further action regarding Case No. 07-74. Discussion followed.

Motion was made by Dr. Tom O’Connor, seconded by Ms. Nancy Pfeifer, to approve the recommendation of the Probable Cause Committee that there was no probable cause and to take no further action regarding Case No. 07-74. Motion carried with voting as follows: Affirmative – Mr. Bill Weaver, Dr. Tom O’Connor, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Mr. Terry Williams. Negative – Ms. Marlene Asmussen. Abstaining – Ms. Stacie Ware. Recused – Ms. Nancy Atkinson, Ms. Stella Church and Ms. Jeannie Gault.

Mr. Thomas informed the Board that the recommendation of the Committee was that there was no probable cause and to take no further action regarding Case No. 09-07. Discussion followed.

Motion was made by Mr. Bill Pierce, seconded by Mr. Bill Weaver, to approve the recommendation of the Probable Cause Committee that there was no probable cause and to take no further action regarding Case No. 09-07. Motion carried with voting as follows: Affirmative – Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Bill Pierce and Ms. Peggy Wiebener. Negative – Ms. Stella Church and Ms. Marlene Asmussen. Abstaining – Ms. Stacie Ware. Recused – Ms. Nancy Atkinson, Ms. Nancy Pfeifer and Mr. Terry Williams.

Mr. Thomas informed the Board that the recommendation of the Committee was that there was no probable cause and to take no further action regarding Case No. 09-15.

Motion was made by Mr. Bill Weaver, seconded by Ms. Nancy Pfeifer, to approve the recommendation of the Probable Cause Committee that there was no probable cause and to take no further action regarding Case No. 09-15. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Stacie Ware, Mr. Bill Pierce and Ms. Peggy Wiebener. Negative – None. Abstaining – None. Recused – Ms. Nancy Atkinson, Ms. Nancy Pfeifer and Mr. Terry Williams.

Mr. Thomas informed the Board that the recommendation of the Committee was that there was no probable cause and to take no further action regarding Case No. 09-16. Discussion followed.

Motion was made by Mr. Bill Weaver, seconded by Ms. Jeannie Gault, to approve the recommendation of the Probable Cause Committee that there was no probable cause and to take no further action regarding Case No. 09-16. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Stacie Ware, Mr. Bill Pierce and Ms. Peggy Wiebener. Negative – Ms. Marlene Asmussen. Abstaining – None. Recused – Ms. Nancy Atkinson, Ms. Nancy Pfeifer and Mr. Terry Williams.

Mr. Thomas informed the Board that the recommendation of the Committee was that there was no probable cause and to take no further action regarding Case No. 09-22. Discussion followed.