Ok St Bd of Examiners for Long Term Care Adms., 3-25-09

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 3-25-09

MINUTES

The Regular meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held March 25, 2009, in the ActivityCenter at the Shepherd Mall Office Complex, 2401 NW 23rd, Ste 40B, 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. Marc Edwards, OK City

Mr. Jim Jakubovitz, Tulsa

Dr. Maurice Payne, Checotah

Mr. Bill Weaver, OK City

Mr. Terry Williams, OK City

Ms. Stella Church, OK City

Ms. Nancy Atkinson, OK City

MEMBERS ABSENT

Ms. Emma Jordan, Alva

Ms. Nancy Pfeifer, Tulsa

OTHERS PRESENT

Dr. Roger Lanier, Executive Director

Mr. Phil Forslund, Deputy Director

Ms. Brinda White, Assistant Attorney General

Mr. Richard Mildren, Prosecuting Attorney

Ms. Pam Duren, Secretary

Ms. Mary Brinkley

Ms. Esther Houser

Mr. Ed Hendrix

Ms. Melissa Herd

Ms. Marty Machtolff

Mr. Geoffrey Machtolff

Mr. Brad Beatty

Mr. Demetrio Gutierrez

Dr. Tom O’Connor, Chair, called the Hearing to order and conductedthe Open Meeting regarding our Proposed Rules and Regulations during the time frame of 9:00 to 9:30 a.m.

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 3-25-09

Dr. Tom O’Connor called the Regular Board Meeting to order at 9:30 a.m.

Dr. O’Connor requested that Ms. Pam Duren, Secretary, call roll for recording of members present and absent. Present were Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. There was a quorum.

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, that the minutes be approved as submitted. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining- None.

Ms. Nancy Atkinson, Chair of the Rules Revision Committee led the discussion regarding the proposed rule changes. Discussion followed.

Motion was made by Ms. Stella Church, seconded by Ms. Nancy Atkinson, to restore sections(c)(d)of 490:1-5-2. Receipt of complaints. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining- None.

Motion was made by Mr. Terry Williams, seconded by Ms. Stella Church, to change 490:10-3-2.(d) National (NAB) examination to state “An applicant who fails to pass the NAB examination may re-take the examination four (4) additional times….” Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams and Ms. Peggy Wiebener. Negative – Dr. Maurice Payne. Abstaining- None.

Motion was made by Ms. Nancy Atkinson, seconded by Mr. Terry Williams, to restore section (c)of 490:1-9-2. Criteria for continuing education Programs. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining- None.

Motion was made by Ms. Nancy Atkinson, seconded by Ms. Stella Church, to remove paragraph (B) of section 490:10-8-5.1. Preceptor designation/assignment to an AIT intern/trainee. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining- None.

Mr. Bill Weaver was present at the Board meeting but was unavailable at the time of the motion.

Motion was made by Dr. Tom O’Connor, seconded by Ms. Jeannie Gault, to change 490:1-3-1.(5) Organization - to state “A simple majority of the filled seats of the current Board shall constitute a quorum of the Board.” Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining- None.

Motion was made by Ms. Nancy Atkinson, seconded by Mr. Bill Weaver, to approve the rules as presently modified. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining- None.

There was a five minute break at this time.

Dr. Tom O’Connor welcomed everyone to the meeting and asked all guest to introduce themselves to the Board members.

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

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

Motion was made by Mr. Bill Weaver, seconded by Ms. Peggy Weibener, to approve Mr. Brad Beatty as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining- None.

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

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to approve Ms. Melissa Herd as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining- None.

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

Motion was made by Mr. Bill Weaver, seconded by Dr. Maurice Payne, to approve Mr. Geoffrey Machtolff as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining- None.

Mr. Jim Jakubovitz turned the review, discussion and possible action over to Dr. Roger Lanier, Executive Director, regarding the request of Assistant Administrator, Unlicensed, from Ms. Brenda Cubit.

Dr. Lanier reported that Ms. Brenda Cubit met the requirements for an Assistant Administrator, Unlicensed.

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to approve Ms. Brenda Cubit as an Assistant Administrator, Unlicensed. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining- None.

Mr. Jakubovitz led the review, discussion and possible action regarding the followingrequest of continuing education program for Long Term Care Administrators:

PharmCare of Hydro

Back to the Basics

June 18, 2009, Metro-Tech, OK City

October 29, 2009, CrownePlaza, Tulsa, OK

Requesting 6 hrs of CE per meeting

Administrators may attend only 1 seminar for hours of CE

Motion was made by Mr. Bill Weaver, seconded by Ms. Jeannie Gault, to approve the aforementioned program for 6 hours of continuing education for Long Term Care Administrators. Motion carried with voting as follows: Affirmative – Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – Ms. Nancy Atkinson and Ms. Stella Church. Abstaining – None.

Dr. Tom O’Connor led the review, discussion and possible action regarding the Certification/Re-Certification of Ms. Melissa Johnson.

Dr. Lanier informed the Board that Ms. Melissa Johnson met the requirements for re-certification of Preceptorship and attended our January 19, 2009 Preceptor Training.

Motion was made by Mr. Bill Weaver, seconded by Ms. Jeannie Gault, to approve the re-certification of Ms. Melissa Johnson as a Preceptor. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining- None.

Dr. Lanier led the review, discussion and possible action regarding the request from Mr. Demetrio Gutierrez for waiver of the AIT program.

Dr. Lanier informed the Board that Mr. Gutierrez had been previously licensed as a Long Term Care Administrator in New Mexico and Oklahoma and that he had completed an AIT that exceeded ours in New Mexico. Discussion followed.

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to approve the request from Mr. Demetrio Gutierrez for waiver of the AIT program. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Nancy Atkinson and Ms. Peggy Wiebener.

Mr. Phil Forslund, Deputy Director, led the discussion regarding theStaff Audit Findings: Licensee compliance with the requirements set forth at OAC 490:10-13-2.(f) [“Administrator Responsibilities”, “timely notification of change in ‘current contact information’”].

After discussion, the Board concurred that a $75.00 feeshould be charged to all administrators who had not timely notified the Board of change in current contact information, even if there were multiple findings. The staff will then inform all administrators that this rule will be enforced and that we always need to know their current contact information.

Dr. Lanier led the review, discussion and possible action on the consideration of an extension on the following cases involving Oklahoma Long Term Care Administrators:

Case 08-79

Case 09-04

Motion was made by Dr. Maurice Payne, seconded by Ms. Peggy Wiebener, to approve the consideration of an extension on the aforementioned cases. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining- None.

Dr. Lanier led the review, discussion and possible action regarding the revision of the AIT program.

Dr. Lanier asked what the Board’s pleasure was regarding offering more scholarships to administrators who wanted to attend Preceptor Training. There was also discussion of various ways to increase the interest of Preceptorship in different geographical areas. Discussion followed.

Motion was made by Mr. Terry Williams, seconded by Mr. Jim Jakubovitz, for consideration of another Preceptor Training when it can be reasonably scheduled and to offer scholarships to the attendees. Motion carried with voting as follows:Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining- None.

Mr. Richard Mildren arrived at 10:50 a.m.

Dr. Tom O’Connor led the review, discussion and possible action regarding SB 479.

Dr. Lanier informed the Board that the SB 479 was now before the Public Health Committee in the House and has passed the Senate. He also informed the Board that several of the representatives have called him on the House side stating they were going to take action, discussing what the Bill entailed and the Board’s position regarding the Bill. We should be hearing the outcome on SB 479 in the next few weeks. There was discussion regarding Dr. Lanier and other Board members going to the capitol on a daily basis to inform the senators and legislators the Board’s reasoning as to why they are not supporting SB 479. Discussion followed.

Dr. Tom O’Connor led the review, discussion and possible action regarding the process of the complaint flowchart.

Dr. O’Connor asked Mr. Richard Mildren, Prosecuting Attorney for the Board, his opinion regarding the process of the complaint flowchart. Mr. Mildren informed Dr. O’Connor that he would like to be included in a couple of places on the flowchart. There was discussion as to where to add Mr. Mildren within the flowchart and Dr. O’Connor informed the Board that he would update the flowchart to include the suggestions from Mr. Richard Mildren. Various questions were asked and answered regarding the process of the complaint flowchart. Discussion followed.

Mr. Marc Edwards arrived at 11:05 a.m.

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

There was discussion regarding the size of the Probable Cause Committeeand possibly next legislative session needing to reduce the size of the committee so that the Board would not have as many recusals and not be able to conduct business. Discussion followed.

Dr. Roger Lanier, while Mr. Marc Edwards collected his thoughts, informed the Board that the Dismissal Summaries had been distributed, each case had been summarized and that the panel did not find probable cause.

Mr. Marc Edwards informed the Board, under the Probable Cause column, these cases were determined that probable cause exists and to move it forward to a complaint. He stated that the first six (6) under Probable Cause actual have proposed complaints ready to go forward. What the committee would seek is a motion to go forward with those complaints. The remaining complaints have been reviewed by the staff, committee and is subject to our Prosecuting Attorney’s review. We anticipate at the next meeting that the Probable Cause review would have been completed. Discussion followed.

Ms. Brinda White, Assistant Attorney General, reminded the Board that the quorum was still 8 and that the Probable Cause Committee would have to recuse. There was discussion regarding the composition of the Probable Cause Committee and the interpretation of the statutes regarding the make up of the Probable Cause Committee. Ms. White interpreted the statute to mean that Ms. Nancy Atkinson could not be on the Probable Cause Committee reviewing 2567 reports from the Oklahoma State Department of Health because she is their appointed designee and the same interpretation should be appliedfor Ms. Stella Church regarding the Department of Human Services because she is their appointed designee. Discussion followed.

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, that we approve the recommendation of the Probable Cause Committee regarding the “No Probable Cause” cases.

Discussion followed as to whether the Board could vote on these cases as a whole or whether they needed to be voted onindividually because of the divisionand the types of cases and the appointed designees of the Board. There was also discussion regarding the message it would send by voting on only the cases regarding “No Probable Cause”.

Dr. O’Connor informed the Board that there was currently a motion on the floor and that we would take a lunch break and read the Dismissal Summaries and reconvene at 12:15 p.m. to discuss the motion.

The meeting was reconvened at 12:15 p.m.

After brief discussion, Mr. Bill Weaver withdrew the previous motion that was on the floor regarding the No Probable Cause cases.

Motion was made by Dr. Tom O’Connor, seconded by Mr. Bill Weaver, that we approve the recommendation of the Probable Cause Committee that there was no probable cause regarding Case 8-16.

Discussion before the vote of the motion –

Mr. Jim Jakubovitz informed the Board that he would like to go on the record as stating that if the Board goes out on a limb by voting on the “No Probable Cause” cases, that he would like to also vote on the “Probable Cause” cases. Dr. O’Connor stated that it was not necessary to vote on the “Probable Cause” case because they will come before the Board for decision at a later stage. Discussion followed.

Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Dr. Tom O’Connor, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Jeannie Gault and Mr. Mark Edwards.