Ok St Bd of Examiners for Long Term Care Adms., 5-25-2011

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 5-25-2011

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held May 25, 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 Pierce, Vice-Chair, presiding.

MEMBERS PRESENT

Mr. Bill Weaver, Chair, Oklahoma City

Mr. Bill Pierce, Vice-Chair, Oklahoma City

Ms. Jeannie Gault, Sec-Treasurer, Lawton

Mr. Marc Edwards, Oklahoma City

Ms. Susan Barnes, Oklahoma City

Mr. Jim Jakubovitz, Tulsa

Ms. Marlene Asmussen, Oklahoma City

Dr. Maurice Payne, Checotah

Ms. Nancy Atkinson, Oklahoma City

Ms. Stella Church, Oklahoma City

Ms. Stacie Ware, Broken Arrow

Ms. Peggy Wiebener, Thomas

MEMBERS ABSENT

Ms. Nancy Pfeifer, Tulsa

Mr. Terry Williams, OK City

OTHERS PRESENT

Mr. Gaylord Z. Thomas, Executive Director

Ms. Brinda White, Assistant Attorney General

Ms. Pam Duren

Ms. Pamela Fuxa

Mr. Ed Hendrix

Ms. Linda Brannon

Ms. LeiAnn Syms

Ms. Ronda Baker

Ms. Gala McBee

Mr. Casey Williams

Mr. Joe Hogan

Ms. Sandra Bassett

Ms. Valerie Hubbartt

Mr. Bill Pierce, Vice-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. Pierce 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, Ms. Marlene Asmussen, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. There was a quorum present.

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

Motion was made by Mr. Jim Jakubovitz, seconded by Dr. Maurice Payne, that the minutes of the 4-20-2011 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, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Susan Barnes.

Ms. Jeannie Gault, Chair of the Education Committee, led the review, discussion and possible action regarding the Education Committee Report.

Ms. Gault informed the Board that Ms. Sandra Bassett met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Dr. Maurice Payne, to approve Ms. Sandra Bassett 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, Ms. Marlene Asmussen, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining - None.

Ms. Gault informed the Board that Mr. Joseph Hogan met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Mr. Jim Jakubovitz, to approve Mr. Joseph Hogan 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, Ms. Marlene Asmussen, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining - None.

Ms. Gault informed the Board that Ms. Valerie Hubbartt met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Peggy Wiebener, to approve Ms. Valerie Hubbartt 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, Ms. Marlene Asmussen, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining - None.

Ms. Gault informed the Board that Ms. Gala McBee met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Mr. Jim Jakubovitz, to approve Ms. Gala McBee 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, Ms. Marlene Asmussen, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining - None.

Ms. Gault informed the Board that Ms. Ronda Baker met the requirements for certification as Assistant Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Susan Barnes, to approve Ms. Ronda Baker as a certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining - None.

Ms. Gault informed the Board that Ms. Pamela Fuxa met the requirements for certification as Assistant Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Susan Barnes, to approve Ms. Pamela Fuxa as a certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining - None.

Ms. Gault informed the Board that Ms. LeiAnn Syms met the requirements for certification as Assistant Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Peggy Wiebener, to approve Ms. LeiAnn Syms as a certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining - None.

Ms. Gault informed the Board that Mr. Casey Williams met the requirements for a Provisional License as an Oklahoma Long Term Care Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Stacie Ware, to approve the request of a Provisional License for Mr. Casey Williams 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, Ms. Marlene Asmussen, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining - None.

There was a presentation of licenses and certificates at this time.

Ms. Jeannie Gault led the review, discussion and possible action regarding the request for continuing education hours for Long Term Care Administrators in Oklahoma by the following:

OK ST Dept of Health

Turn the Page – LTC Provider Training

6-15-16-2011, OK Tulsa Campus, Tulsa, OK

7-19-20-2011, MooreNormanTechCenter, S. Penn Campus, OK City

Requesting a Total of 12 hrs. of CE per each 2 Day Session

Motion was made by Ms. Jeannie Gault, seconded by Ms. Peggy Wiebener, to approve the aforementioned program for 12 hours of continuing education for Oklahoma Long Term Care Administrators. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining - None. Recuse - Ms. Nancy Atkinson.

Alzheimer’s Association, OK & Ark Chapter Central OK

Alzheimer’s Education Conference: Validation Therapy

11-9-2011 – Embassy Suites, Norman, OK

Requesting 6 hrs of CE

Motion was made by Ms. Jeannie Gault, seconded by Mr. Jim Jakubovitz, to approve the aforementioned program for 6 hours of continuing education for Oklahoma Long Term Care Administrators. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne 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 following Settlement Agreements.

Mr. Mildren informed the Board that the red packets had been previously distributed by Mr. Thomas which contained the following Settlement Agreements along with a summary of each case.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Sharie Folmar, License No. 1498, Case No. 11-42B.

The Settlement Agreement stated that Ms. Folmar is to complete an additional two hours of continuing education to be completed within 120 days and to pay a fine of $50.00 to be paid within 60 days of the date the agreement is adopted by the Board.

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. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining - None.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Marilyn Holley, License No.2713, Case No. 11-26(H).

The Settlement Agreement stated that Ms. Holley is to receive a letter of concern, complete an additional 6 hours of continuing education in the area relating to incident reporting to be approved by the Executive Director and completed within 120 days and to pay an administrative fine of $300.00 within 60 days of the date the agreement is adopted by the Board.

Motion was made by Mr. Marc Edwards, seconded by Ms. Jeannie Gault, 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, Ms. Jeannie Gault, Ms. Stacie Ware, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, and Mr. Bill Pierce.

Mr. Bill Weaver, Chair, arrived at 9:30 a.m. and Mr. Bill Pierce turned the meeting over to the Chair at this time.

Mr. Mildren informed the Board that the Settlement Agreements of Mr. Tom Leatherman and Ms. Lucretia Parkey were to be carried over to the June 29th Board meeting and that they could possibly request Hearings. Discussion followed.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Terry Williams, License No. 2507, Case No. 10-58 (H).

The Settlement Agreement stated that Mr. Williams is to receive a letter of concern, pay an administrative fine of $500.00 within 30 days and complete an additional 6 hours of continuing education in the area relating to incident reporting approved by the Executive Director within 120 days of the date the agreement is adopted by the Board.

Motion was made by Mr.Marc Edwards, seconded by Dr. Maurice Payne, 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. Jeannie Gault, Ms. Stacie Ware, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Bill Pierce and Ms. Peggy Wiebener.

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 Case No. 11-37 (P).

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Susan Barnes, 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. Jeannie Gault, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining – Mr. Bill Weaver and Ms. Stacie Ware. Recuse – Ms. Nancy Atkinson.

Mr. Edwards reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 11-38 (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 case. Motion carried with voting as follows: Affirmative - Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Jeannie Gault, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Mr. Bill Weaver and Ms. Stacie Ware.

Mr. Edwards reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 11-35 (H).

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

Mr. Edwards reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 11-33 (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. Jeannie Gault, Ms. Stacie Ware, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining – Mr. Bill Weaver and Mr. Bill Pierce. Recuse – Ms. Nancy Atkinson.

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

No. 11-30(H)

No. 11-10(H)

No. 11-21(H)

No. 11-32(H)

Motion was made by Mr. Marc Edwards, seconded by Ms. Jeannie Gault, 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. Jeannie Gault, Ms. Stacie Ware, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining – Nancy Atkinson, Mr. Susan Barnes, Mr. Bill Pierce and Ms. Peggy Wiebener.

Ms. Stella Church, Chair of the Personnel Committee, led the review, discussion and possible action regarding the Personnel Committee report. Ms. Church reported that since HB1282 passed and will come into effect November 1, 2011 the office staff will need one new employee. Ms. Church would like to have on record that our Executive Director, Mr. Gaylord Z. Thomas, has sole authority to hire the new employee for the office. The Board agreed unanimously to let Mr. Thomas have this authority. Discussion followed.

Ms. Stella Church left at 9:50 a.m.

Ms. Jeannie Gault, Chair of the Finance Committee, led the review, discussion and possible action regarding the Finance Committee Report. Ms. Gault went over the finance report and informed the Board that we were doing well financially.

Motion was made by Ms. Jeannie Gault, seconded by Mr. Bill Pierce, to approve the Finance Report as presented. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Stacie Ware, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Marc Edwards. Negative – None. Abstaining – None.

Mr. Jim Jakubovitz left at 9:55 a.m.

In the absence of Mr. Terry Williams, Chair of the Legislative Committee, Mr. Gaylord Z. Thomas, informed the Board that HB1282 had passed and would become effective November 1, 2011. Everyone that was involved in helping to get this bill passed is to be commended for their hard work and dedication to the cause. There will be a lot of challenges ahead regarding the changes in the rules and regulations to include the assisted living, adult day care and residential care administrators. Mr. Thomas reminded all the Board members to reapply for their positions on the Board.

Mr. Bill Pierce, Chair of the Quality Assurance/Rules Revision Committee, led the review, discussion and possible action regarding the committee. Mr. Pierce informed the Board that he would like to have his committee meet following the Board meeting. The committee will discuss the current licensure requirements and how to increase the number of administrators to serve the State. Discussion followed.

There was no report regarding the Code of Ethics.

Mr. Gaylord Z. Thomas, Executive Director gave his report as follows:

Thanks to everyone for the cards and well wishes while I was recovering…though I guess, technically, I’m still recovering.

1. HB1282:Passed! Went to the Governor…and was approved on 5/10/11.

a. Rules: Brinda and I are collaborating to have a good starting point for the rules committee. Includes researching current methods for certification for Res Care and AL. Trying to get a good feel for the direction the new rules will need to go and also researching the timeline for our rules submission. We’ve done a lot of groundwork on the rules already to get that first “draft” together – something to start with and edit. Will be giving this work to the rules committee soon.

1. Hot Issue – our new rules will not be effective prior to this year’s expiration date (12/31) for many AL certificate holders (at a minimum) so there is no “fee structure” in place for them yet … likely an issue the “new” Board will need to address, except “collections” normally begin on 1 November so waiting for them would be too late.

b. Referrals: Currently, for nursing home administrators, there exists an automatic “trigger” for OSDH to make a referral to this Board (substandard quality of care tag in the survey). Being proactive, I asked the question of Jerry Taylor if they would foresee any kind of similar threshold for the automatic referrals based on survey results for the other facility types and it appears OSDH, with input from Dorya Huser, is comfortable not having such a trigger (no statutory requirement exists as it does for Nursing Homes), but to make referrals only when they see an egregious issue with the administration of a facility, more on a case-by-case basis. I think this is a good answer.

c. Getting the bill passed was the easy part…we’re now starting the real work of implementing it which must include a thorough revision of our rules.

2. Preceptor Training: June 1st. StellaChurch and I are conducting it.

3. Case #10-38 – was initiated on June 2nd, 2010 – has not been brought to a conclusion yet due to some unexpected delays. Richard requested that I request an extension of the investigation window through December 2, 2011 (an extra 6 months) to be able to complete the investigation, for a possible hearing.