Ok St Bd of Examiners for Long Term Care Adms., 7-22-09

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 7-22-09

MINUTES

The Regular meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held July 22, 2009, in the Activity Center 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. Jim Jakubovitz, Tulsa

Mr. Terry Williams, OK City

Mr. Marc Edwards, OK City

Dr. Maurice Payne, Checotah

Ms. Stella Church, OK City

Ms. Marlene Asmussen, OK City

Ms. Nancy Pfeifer, Tulsa

Mr. Bill Weaver, OK City

Ms. Stacie Ware, Broken Arrow

Ms. Nancy Atkinson, OK City

MEMBERS ABSENT

Ms. Susan Barnes, OK City

Ms. Emma Jordan, Alva

OTHERS PRESENT

Dr. Roger Lanier, Executive Director

Mr. Phil Forslund, Deputy Director

Ms. Brinda White, Assistant Attorney General

Ms. Pam Duren, Secretary

Ms. Crystal Mappes

Ms. Carrie Burnsed

Ms. Sara Lassiter

Ms. Lauren Sears

Mr. Derek Webster

Mr. Sheriff Raji

Ms. Liz Hampton

Mr. Jeff Brown

Ms. Pat Bean

Ms. Esther Houser

Mr. John Rau

Ms. Jennifer Villarreal

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OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 7-22-09

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 requested Ms. Pam Duren, Secretary, to call roll for recording of member present. Present were 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, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams.

Dr. O’Connor extended the Board’s condolences to Ms. Nancy Pfeifer concerning the death of her husband.

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

Dr. O’Connor requested that the public introduce themselves to the Board Members.

Mr. Marc Edwards arrived at 9:05 a.m.

Dr. O’Connor informed the Board that Item number 10 – Explanation of Audit Report Expenses by Mr. Jeff Brown, State Auditor, would be moved up on the agenda for discussion at this time. Dr. O’Connor welcomed Mr. Brown and informed him that the basis for the Board’s concern was the charge for the audit which was $9500.00 which covered a two and a half year period. Mr. Brown explained that we now have a new State Auditor appointed last July by the Governor and since that time there have been some changes in policy. The State Auditor’s office is approximately fifty percent appropriated so the remaining portion of fees for dollars of operation has to come from fees which are incurred by the Auditor’s office charging agencies for the services they provide. Mr. Brown informed the Board that the newly appointed State Auditor had questions concerning why when the engagement letter stated “for example” that the audit would cost $5000 and the State agency said they could only pay $2000 for the audit that the engagement letter was amended to read $2000. The new policy going forward is when the State Auditors budget an amount for what they think the audit is going to cost that is the amount that is presented on the engagement letter and this is normally a shock to the agencies because this is a new policy. At this point, the auditor is askingthe agency Directors to write a letter stating the reason they are unable to pay the fee shown in the engagement letter and informing the auditors what they are budgeted to pay. The State Auditor’s office will continue to invoice the agency for the actual cost not to exceed $9500 with the understanding that due to the amended engagement letter the agency will only be required to pay what it has agreed to pay in the amended engagement letter. Mr. Brown informed the Board that they have approximately 200 hours budgeted for this audit but that it could possibly take fewer hours. Mr. Bill Weaver asked what their rates were and Mr. Brown informed him that the Director’s rate was $69.00 per hour, Audit Manager was $60.00 per hour and the Auditor was $39.00 her hour. Mr. Weaver informed the Board that the rates were very reasonable. After more discussion, Dr. O’Connor thanked Mr. Brown for coming to the meeting and answering questions of the members.

Dr. Roger Lanier led the review, discussion and possible action regarding the new potential licensees.

Dr. Lanier reported that Ms. Elizabeth Hampton met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Weaver, to approve Ms. Elizabeth Hampton 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, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Nancy Pfeifer, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Peggy Wiebener.

Dr. Lanier reported that Ms. Sara Lassiter met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Bill Weaver, seconded by Ms. Nancy Pfeifer, to approve Ms. Sara Lassiter 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, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Nancy Pfeifer, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Dr. Lanier reported that Mr. Sheriff Raji 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 Mr. Sheriff Raji as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative - 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, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson.

Dr. Lanier reported that Ms. Lauren Sears met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Bill Weaver, seconded by Mr. Jim Jakubovitz, to approve Ms. Lauren Sears 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, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Nancy Pfeifer, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Stacie Ware.

Dr. Lanier reported that Mr. Stacey Smith met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Weaver, to approve Mr. Stacey 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, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Nancy Pfeifer, Ms. Peggy Wiebener, Dr. Maurice Payne, Ms. Stacey Ware and Mr. Marc Edwards. Negative – None. Abstaining – Mr. Terry Williams.

Dr. Roger Lanier led the review, discussion and possible action regarding the request for licensure from reciprocity by Mr. John Rau.

Dr. Lanier reported that Mr. John Rau met the requirements for licensure from reciprocity.

Motion was made by Mr. Bill Weaver, seconded by Ms. Peggy Wiebener, to approve the request for licensure by reciprocity to Mr. John Rau. 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. Nancy Pfeifer,Mr. Terry Williams Ms. Peggy Wiebener, Dr. Maurice Payne, Ms. Stacey Ware and Mr. Marc Edwards . Negative – None. Abstaining –. None.

Dr. Roger Lanier led the review, discussion and possible action regarding the request of a Provisional license for Mr. Derek Webster.

Dr. Lanier reported that Mr. Derek Webster met the requirements for a Provisional license.

Motion was made by Mr. Bill Weaver, seconded by Dr. Tom O’Connor, to approve the request of a Provisional license for Mr. Derek Webster. 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, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Dr. Roger Lanier led the review, discussion and possible action on the approval of continuing education request:

Oklahoma State Department of Health

MDS Automation & Quality Indicator/Quality measure Workshop

October 29, 2009

GordonCooperTechCenter, Shawnee, OK

Approval of 6 hours of Continuing Education

Motion was made by Mr. Jim Jakubovitz, seconded by Dr. Maurice Payne, 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. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Nancy Pfeifer, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson.

Dr. Tom O’Connor led the review, discussion and possible action regarding the Certification of Preceptors who attended the June 22, 2009 Preceptor Training.

Dr. Lanier informed the Board members that the administrators who attended the training and were not currently Administrator of Record (AOR) were being certified in theory only and would have to become the AOR before they could actually do an Administrator-In-Training (AIT).

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OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 7-22-09

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OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 7-22-09

*BRIMMER, WENDI

#CAIN, LARRY

*COBLE, BRETT

*COLVIN, PATRICIA

#HENDRIX, DIANA

*HUTCHENS, LARESSA

*JACKSON, CARLA

*KELLEY, LUCY

*MCCOY, SHERRI

*MCGHEE, BARBARA

*MCKEAN, MELANIE

*OWEN, KIM

*SCHAFER, TAMMY

*TALLMAN, LES

*TATUM, PATRICIA

*WALKINGSTICK, STEVEN

*WINTERS, JAN

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OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 7-22-09

*Currently Administrator of Record

#Has been Administrator of Record (AOR) but not at present time

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to certify the aforementioned administrators as meeting the requirements of preceptors for the Administrator-In-Training (AIT) program, subject to the rules governing preceptor function at the time they assume their duties. 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, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Dr. Tom O’Connor led the review, discussion and possible action regarding the Certification of Preceptors who attended the June 29, 2009 Preceptor Training.

*BARLEY, JEANA

*BROWN, SANDRA

*CHLOUBER, TRACY

*DIAZ, ANNA

*EISENMANN, PATTY

*GARCIA, JOSE

*HANKINS, CHERYL

*HILTON, BETTY

*HOLT, VETRESS

*HUDSON, JOYCE

*JONES, DENELLDA

*LANTZ, RAMONA

*LONG, LORI

*MANN, DONNA

*MARTIN, BOB

*OUTLAND, MARY

#QUALLS, JUDIE

*ROBERTSON, JAMES

*SHIVELY, JANICE

*THORPE, JIM

*WARE, STACIE

*WILLIAMS, TERRY

*WORKMAN, CINDY

*WORTHEN, MODESTA

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OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 7-22-09

*Currently Administrator of Record

#Has been Administrator of Record AOR) but not at present time

Motion was made by Dr. Tom O’Connor, seconded by Ms. Jeannie Gault, to certify the aforementioned administrators as meeting the requirements of preceptors for the Administrator-In-Training (AIT) program, subject to the rules governing preceptor function at the time they assume their duties. Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Nancy Pfeifer, Ms. Peggy Wiebener, Dr. Maurice Payne, and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Stacie Ware and Mr. Terry Williams.

Mr. Phil Forslund, Deputy Director, informed the Board that our Preceptor Training instructor, Gary Sluyter, PhD, suggested that we have an individual train along side him at possibly the next session. This individual would be able to instruct future Preceptor Training programs in Oklahoma which would save the Board money in the future.

Dr. O’Connor informed the members that we would now go to Item #9- Report of the Probable Cause Committee.

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

Motion was made by Dr. Tom O’Connor, seconded by Mr. Bill Weaver, to approve the recommendation of the Probable Cause Committee to take no further action regarding Case No. 08-74. 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, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Motion was made by Mr. Marc Edwards, seconded by Mr. Bill Weaver, to approve the recommendation of the Probable Cause Committee to take no further action regarding Case No. 08-79. Motion carried with voting as follows: Affirmative – 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, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson.

Motion was made by Mr. Marc Edwards, seconded by Mr. Jim Jakubovitz, to approve the recommendation of the Probable Cause Committee to take no further action regarding Case No. 09-04. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Nancy Pfeifer, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – Ms. Stella Church, Ms. Jeannie Gault and Mr. Marc Edwards.

Motion was made by Mr. Marc Edwards, seconded by Mr. Bill Weaver, to approve the recommendation of the Probable Cause Committee to take no further action regarding Case No. 09-19. Motion carried with voting as follows: Affirmative – Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Nancy Pfeifer, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Stella Church, Ms. Jeannie Gault and Mr. Marc Edwards.

Dr. O’Connor stated that we would now go back to Item #7 – OSBELTCA v. Mr. Howard Childers, License No. 1828, Case No. 05-32, 08-50. Possible Evidentiary Hearing: Possible Executive Session Pursuant to 25 O.S. Supp. 2008, §307(B)(8); Possible Board Action.

Mr. Richard Mildren, prosecuting attorney for the Board, arrived at 10:00 a.m. He informed the Board that he had a Consent Order to present regarding Mr. Howard Childers. Mr. Mildren distributed the Consent Order to all Board Members and asked that they review it. The Consent Order stated that Mr. Childers receive a Reprimand and be required to pay an administrative fine of $750.00 to be paid within 30 days of the date this Agreed Order is accepted by the Board.

Motion was made by Mr. Bill Weaver, seconded by Ms. Stacie Ware, to accept the Consent Order regarding Mr. Howard Childers, Case #05-32 and 08-50. Motion carried with voting as follows: Affirmative – Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Peggy Wiebener and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Stella Church, Ms. Marlene Asmussen, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams.

Dr. O’Connor stated that we would now go to Item #8, OSBELTCA v. Ms. Alisa Ryan, License No. 2783, Case No. 07-66, 07-67. Possible Evidentiary Hearing: Possible Executive Session Pursuant to 25 O.S. Supp. 2008, §307(B)(8); Possible Board action.

Mr. Richard Mildren had a Consent Order to present regarding Ms. Alisa Ryan. Mr. Mildren distributed the Consent Order to all the Board Members and asked that they review it. Ms. Ryan’s counsel, Ms. Carrie Burnsed, was present for questioning. The Consent Order stated that Ms. Alisa Ryan receive a Letter of Concern and be required to pay an administrative fine of $500.00 to be paid within 30 days of the date this Agreed Order is accepted by the Board. Discussion followed.

Motion was made by Mr. Bill Weaver, seconded by Mr. Marc Edwards, to accept the Consent Order regarding Ms. Alisa Ryan, Case #07-66 and 07-67. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Ms. Peggy Wiebener and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Stella Church, Ms. Stacie Ware, Ms. Nancy Pfeifer, Dr. Maurice Payne and Mr. Terry Williams.

There was a ten minute break at this time.

Dr. O’Connor stated that we would now go to Item #11 – Report of the Finance Committee and further discussion regarding the Audit Report. It was decided that we would discuss the Audit Report first. After discussion, it was decided that the engagement letter be amended to read that the total cost to be paid by the agency for the audit is $3900.00.

Motion was made by Dr. Maurice Payne, seconded by Mr. Bill Weaver that the engagement letter be amended to read that the total cost to be paid by the agency for the audit is $3900.00. 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, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Ms. Jeannie Gault, Sec-Treasurer, led the discussion regarding the Finance Committee Report. She went over the June 2009 Financial Status Report. Dr. Lanier reported that the Itemized Expenditures of $46,000 was high this month because of the year end expenditures. Discussion followed.

Motion was made by Dr. Tom O’Connor, seconded by Mr. Bill Weaver, to accept the Financial Report. Motion carried with voting as follows: Affirmative -Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Dr. Tom O’Connor, Ms. Stacie Ware, Ms. Nancy Pfeifer, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Jeannie Gault.