OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS. 3-21-2018

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held March 21, 2018. The meeting location was at the Shepherd Center, 2401 NW 23rd, OSBELTCA Conference Room, Ste 2 H, Oklahoma City, Oklahoma. Ms. Susan Barnes, Chair, presided over the meeting.

Advance notice of this regularly scheduled meeting was transmitted to the Oklahoma Secretary of State on October 24, 2017 and posted on the OSBELTCA website on March 20, 2018. The agenda was posted in a prominent public view on the front doors of the Shepherd Center located at 2401 NW 23rd, Oklahoma City, Oklahoma on March 20, 2018 at 9:00 a.m.

MEMBERS PRESENT

Ms. Susan Barnes, Chair, Edmond

Ms. Nancy Poteete, Sec-Treasurer, Norman

Mr. Curtis Aduddell, OK City

Ms. Pat Bean, OK City

Ms. Donna Bowers, OK City

Mr. Brett Coble, Ardmore

Ms. Tracy Copp, Claremore

Ms. Georgia Devening, Choctaw

Ms. Susan Haws, Glenpool

Mr. James Joslin, OK City

Ms. Jacki Millspaugh, OK City

Ms. Nancy Pfeifer, Tulsa

MEMBERS ABSENT

Mr. Bill Pierce, Vice-Chair, OK City

Dr. Scott Calhoon, OK City

Ms. Lisa Pever, OK City

OTHERS PRESENT

Mr. Mitch McGrew, Assistant Attorney General

Ms. Martha Kulmacz, Prosecuting Attorney for the Board

Mr. Gaylord Z. Thomas

Ms. Ginger Dean

Ms. Pam Duren

Ms. Dee Downer

Ms. Melissa Holland

Ms. Theresa Worley

Ms. Sheila Hawk

Ms. Pat Holt

Ms. Malorie Meger

Ms. Heather Mitchell

Ms. Pamela Weger

Ms. Sandra Brown

Mr. Lance Brown

Ms. Misty Brinker

Ms. Linda Brannon

Ms. Debbie Melt

Ms. Shelby Rose

Ms. Chelby Edmonds

Ms. Rebecca Criner

Ms. Debbie Whinery

Ms. Debra Weaver

Ms. Natasha Mason

Ms. Kelly Davis

Mr. Tony Gammel

Ms. Tiffanie Riggs

Ms. Susan Barnes, Chair, called the meeting to order and stated that we were in compliance with the Open Meeting Act and Authority.

Ms. Barnes asked Ms. Pam Duren to call roll to establish a quorum.

Present were Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. There was a quorum.

Ms. Barnes asked the public to introduce themselves to the Board members.

Ms. Barnes asked the Board members to review the minutes of the 2-28-2018 Board meeting.

Motion was made by Ms. Pat Bean, seconded by Ms. Nancy Poteete, to approve the minutes of the 2-28-2018 Board meeting. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Susan Haws, Chair of the Education Committee, led the review, discussion and possible action regarding granting the request of Long Term Care Administrator’s license.

Ms. Haws informed the Board that Ms. Misty Brinker met the requirements for becoming a Certified Assistant Administrator.

Motion was made by Ms. Susan Haws, seconded by Mr. James Joslin, to approve Ms. Misty Brinker as a Certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Haws informed the Board that Ms. Sandra Brown met the requirements for becoming a Nursing Home Administrator.

Motion was made by Ms. Susan Haws, seconded by Ms. Pat Bean, to approve Ms. Sandra Brown as a Nursing Home Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Haws informed the Board that Ms. Rebecca Criner met the requirements for becoming a Nursing Home Administrator.

Motion was made by Ms. Susan Haws, seconded by Ms. Pat Bean, to approve Ms. Rebecca Criner as a Nursing Home Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Haws informed the Board that Ms. Kelly Davis met the requirements for becoming a Residential Care/Assisted Living Administrator.

Motion was made by Ms. Susan Haws, seconded by Ms. Nancy Poteete, to approve Ms. Kelly Davis as a Residential Care/Assisted Living Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Haws informed the Board that Ms. Chelby Edmonds met the requirements for becoming a Certified Assistant Administrator.

Motion was made by Ms. Susan Haws, seconded by Ms. Pat Bean, to approve Ms. Chelby Edmonds as a Certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Haws informed the Board that Mr. Tony Gammel met the requirements for becoming a Residential Care/Assisted Living Administrator.

Motion was made by Ms. Susan Haws, seconded by Ms. Nancy Poteete, to approve Mr. Tony Gammel as a Residential Care/Assisted Living Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Haws informed the Board that Ms. Patricia Holt met the requirements for becoming a Residential Care/Assisted Living Administrator.

Motion was made by Ms. Susan Haws, seconded by Mr. James Joslin, to approve Ms. Patricia Holt as a Residential Care/Assisted Living Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Haws informed the Board that Ms. Tiffanie Riggs met the requirements for becoming a Residential Care/Assisted Living Administrator.

Motion was made by Ms. Susan Haws, seconded by Ms. Nancy Poteete, to approve Ms. Tiffanie Riggs as a Residential Care/Assisted Living Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Haws informed the Board that Ms. Shelby Rose met the requirements for becoming a Certified Assistant Administrator.

Motion was made by Ms. Susan Haws, seconded by Ms. Pat Bean, to approve Ms. Shelby Rose as a Certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Haws informed the Board that Ms. Dayna Walker met the requirements for becoming a Certified Assistant Administrator.

Motion was made by Ms. Susan Haws, seconded by Ms. James Joslin, to approve Ms. Dayna Walker as a Certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Haws informed the Board that Ms. Debra Weaver met the requirements for becoming a Residential Care/Assisted Living Administrator.

Motion was made by Ms. Susan Haws, seconded by Ms. Nancy Poteete, to approve Ms. Debra Weaver as a Residential Care/Assisted Living Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Haws informed the Board that Ms. Malorie Weger met the requirements for becoming a Certified Assistant Administrator.

Motion was made by Ms. Susan Haws, seconded by Mr. James Joslin, to approve Ms. Malorie Weger as a Certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Haws informed the Board that Ms. Debbie Whinery met the requirements for becoming a Certified Assistant Administrator.

Motion was made by Ms. Susan Haws, seconded by Ms. Pat Bean, to approve Ms. Debbie Whinery as a Certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Haws informed the Board that Ms. Theresa Worley met the requirements for becoming a Nursing Home Administrator.

Motion was made by Ms. Susan Haws, seconded by Ms. Nancy Poteete, to approve Ms. Theresa Worley as a Nursing Home Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Licenses were presented at this time.

Ms. Martha Kulmacz, the Board’s Prosecuting Attorney, led the review, discussion and possible action regarding OSBELTCA v. LORI LIPSKA, License No. 2750, Case No. 17-087(P) Possible motion to convene into and exit from Executive Session pursuant to 25 O.S.§(B)(7)(discussing any matter where disclosure of information would violate confidentiality requirements of state or federal law) AND/OR pursuant to 25 O.S.§(B)(8) (engaging in deliberations or rendering a final or intermediate decision in an individual proceeding pursuant to Article II of the Administrative Procedures Act). Ms. Kulmacz informed the Board that Mr. Bill Pierce and Dr. Scott Calhoon were on the Probable Cause Committee that found probable cause, so they would both have left the room and recused from the vote. However, neither were present. Also, Mr. James Joslin, representative of the Oklahoma State Department of Health, left the room and will recuse from the vote because this case was related to a Health Department survey.

Summaries of the Settlement Agreement had been previously distributed and Ms. Kulmacz, informed the Board that a correction should be made on the Agreement Order. The name Rachel Rogers should be replaced with her name, Martha Kulmacz as she is presenting this case today.

The Agreed Order stated that Ms. Lori Lipska be placed on a three year probation commencing April 21, 2018, or the date the Agreed Order is signed by the Executive Director after completion of the Attorney General anti-competitive review, whichever is later. During the period of probation, Respondent shall maintain a relationship with Ms. Melissa Mahaffey, Consultant Administrator and the consulting obligations set forth in this Agreed Order shall extend for a period of 3 years from the date of commencement of probation. Consultant Administrator shall agree to periodically and on the schedule set forth herein, and all without prior notice to the Respondent, randomly select for examination for Respondent’s truthfulness a minimum of two facility reports signed by Respondent during that respective examination period. During the first 24 months that examination shall be conducted by the consultant on a monthly basis. During the third 12 months that examination shall be conducted on a quarterly basis. Reports shall be due on the 10th day of the month succeeding the reporting period. Consultant Administrator shall agree to notify the Board in writing within 30 days of a determination by Consultant Administrator that Respondent has not been truthful and/or factual on a report. Respondent shall also provide to the Board on an annual basis, a summary report concerning any activity by Respondent at the facility for which an allegation has been made that the Respondent was not truthful or factual during the performance of her duties as an administrator. Throughout the three-year period, the Consultant Administrator must be licensed as a Nursing Home Administrator by this Board with a license in good standing, and cannot be related to Respondent by blood or marriage. The Consultant Administrator must have been a licensed Nursing Home Administrator in Oklahoma for a minimum of 2 years. If the Respondent has not timely submitted each report required under this Agreed Order, then at the conclusion of the period of service by the Consultant Administrator, Respondent shall submit a request to appear before the Board and request that the deficiency be waived, at which time the Board shall evaluate if further review and consultation with respect to Respondent is required or determine that no further action shall be required. The Respondent will also receive a Letter of Reprimand from the Board, pay a fine of $1000 within 120 days from receipt from Board staff of a copy of this Agreed Order approved by the Board and complete 12 hours of continuing education, in subjects related to ethics, incident reporting and/or protection of residents, approved by the Executive Director. Respondent will pay all attorney fees incurred by the Board and this adverse action will be reported to the National Practitioner Data Bank. Respondent will not be eligible to serve as a Preceptor for a period of 5 years from April 21, 2018.

Mr. James Joslin was not present during any of the motions.

Motion was made by Ms. Susan Haws, seconded by Ms. Nancy Poteete, to convene into Executive Session. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Motion was made by Ms. Susan Haws, seconded by Ms. Jacki Millspaugh, to convene into Open Session. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Ms. Kulmacz informed the Board that during Executive Session Case No. 17-087(P) was the only case discussed and that no motion was taken.

Motion was made by Ms. Susan Haws, seconded by Ms. Nancy Poteete to accept the aforementioned Agreed Order with the change to replace the name Rachel Rogers with Martha Kulmacz. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Mr. James Joslin returned to the Board meeting at this time.

Ms. Nancy Poteete, Chair of the Finance Committee, led the review, discussion and possible action regarding the Finance Report.

Ms. Poteete informed the Board that she and Mr. Gaylord Z. Thomas, Executive Director, had attended the Finance Meeting yesterday and that they had somewhat of a different meeting. Ms. Poteete stated that most of their discussion was on the various reports within the summary, however, this month the numbers matched and that was good because some months they don’t. Also, there were some concerns regarding the Sunset law that Z will discuss later and it’s going to be budget time soon as well. Discussion followed.

Mr. Gaylord Z. Thomas led the review, discussion and possible action regarding the Board’s Final Adoption of OAC 490. Mr. Thomas informed the Board that this included Chapters 1, 10 and 15.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Pfeifer, to approve the Final Adoption of OAC 490, which included Chapters 1, 10 and 15. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Ms. Susan Haws and Ms. Tracy Copp. Negative – Mr. Brett Coble. Abstaining – Ms. Pat Bean.

Ms. Jacki Millspaugh, Chair of the Personnel Committee, led the review, discussion and possible action regarding the Annual Evaluation of the Executive Director: Possible Motion to Convene into Executive Session Pursuant to 25 O.S.307(B)(I) for the Purpose of Discussing the Employment, Hiring, Promotion, Demotion, Disciplining or Resignation of Public Officer or Employee. Ms. Millspaugh informed the Board that they would receive this evaluation through an email she would send using Survey Monkey. She also expressed the need of writing comments that would support their evaluation of the Executive Director.

Motion was made by Mr. Brett Coble, seconded by Mr. Curtis Aduddell to convene into Executive Session. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.

Motion was made by Ms. Nancy Poteete, seconded by Mr. James Joslin, to convene into Open Session. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Jacki Millspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Mr. Brett Coble, Ms. Pat Bean, Ms. Susan Haws and Ms. Tracy Copp. Negative – None. Abstaining – None.