Ok St Bd of Examiners for Long Term Care Adms., 7-27-2011

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 7-27-2011

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held July 27, 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 Weaver, Chair, presiding.

MEMBERS PRESENT

Mr. Bill Weaver, Chair, OK City

Mr. Bill Pierce, Vice-Chair, OK City

Ms. Jeannie Gault, Sec-Treasurer

Ms. Nancy Atkinson, OK City

Ms. Susan Barnes, Marlow

Ms. Peggy Wiebener, Thomas

Mr. Jim Jakubovitz, Tulsa

Ms. Stacie Ware, Broken Arrow

Ms. Nancy Pfeifer, Tulsa

Dr. Maurice Payne, Checotah

Mr. Marc Edwards, OK City

Mr. Terry Williams, OK City

MEMBERS ABSENT

Ms. Marlene Asmussen, OK City

Ms. Stella Church, OK City

OTHERS PRESENT

Mr. Gaylord Z. Thomas, Executive Director

Ms. Brinda White, Assistant Attorney General

Mr. Richard Mildren

Ms. Ginger Dean

Ms. Pam Duren

Ms. Pat Bean

Mr. Casey Williams

Ms. Amanda Penrod

Ms. Tracy Khalaf

Ms. Jennifer Braun

Ms. Cathy Wilson

Ms. Marilyn Kipps

Mr. Bill Weaver, 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.

Mr. Bill Weaver asked Ms. Pam Duren to call roll to establish a quorum.

Present were Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards.

Motion was made by Ms. Jeannie Gault, seconded by Mr. Jim Jakubovitz, that the minutes of the 6-29-2011 Board meeting be approved as submitted. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Peggy Wiebener.

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

Ms. Gault informed the Board that Ms. Amanda Penrod met the requirements for licensure as a Long Term Care Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Peggy Wiebener, to approve Ms. Amanda Penrod as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Ms. Gault informed the Board that Mr. Casey Williams met the requirements for licensure as a Long Term Care Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Stacie Ware, to approve Mr. Casey Williams as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Ms. Gault informed the Board that Ms. Cathy Wilson met the requirements for licensure as a Long Term Care Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Mr. Terry Williams, to approve Ms. Cathy Wilson as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Ms. Gault led the review, discussion and possible action on the reciprocity requests of licensure.

Ms. Gault informed the Board that Ms. Tracy Khalaf met the request for licensure by reciprocity as an Oklahoma Long Term Care Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Susan Barnes, to approve Ms. Tracy Khalaf as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Ms. Gault informed the Board that Ms. Rebecca Medlock met the request for licensure by reciprocity as an Oklahoma Long Term Care Administrator.

Motion was made by Ms. Jeannie Gault, seconded by Mr. Bill Pierce, to approve Ms. Rebecca Medlock as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

At this time Mr. Bill Weaver informed the Board that we would go to Agenda Item No. 6 with Mr. Richard Mildren, the Board’s Prosecuting Attorney.

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. Paul Gilbert, License No. 3166, Case No. 11-43(H).

The Settlement Agreement stated that Mr. Gilbert is to receive a letter of concern, to pay a fine of $250.00 to be paid within 60 days and to complete an addition 6 hours of continuing education in the areas relating to management/supervision and/or leadership to be 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 Ms. Nancy Pfeifer, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Stacie Ware and Ms. Nancy Pfeifer.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Donna Ginn, License No. 3079, Case No. 11-31(H).

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

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

Mr. Mildren informed the Board that OSBELTCA vs. Tom Leatherman would not be presented today.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Lucretia Parkey, License No. 2199, Case No. 10-56(H).

The Settlement Agreement stated that Mr. Parkey is to receive a letter of concern, to complete 6 hours of continuing education in the area relating to fall prevention or fall management to be approved by the Executive Director within 120 days and to pay administrative costs in the amount of $300.00 within 90 days of the date the agreement is adopted by the Board.

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

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 the following cases which were all from the Oklahoma State Department of Health:

No. 11-28

No. 11-41

No. 11-48

No. 11-54

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 cases. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Stacie Ware and Ms. Nancy Pfeifer.

Mr. Edwards reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 11-64(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 Case No. 11-64(P). Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Mr. Bill Weaver, Ms. Stacie Ware and Ms. Nancy Pfeifer. Recuse – Ms. Nancy Atkinson.

Mr. Edwards reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 11-45 & 11-51 (Both OSDH)

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 Case No. 11-45 & 11-51 (both OSDH). Motion carried with voting as follows: Affirmative – Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Stacie Ware, Ms. Nancy Pfeifer, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Bill Pierce and Ms. Peggy Wiebener.

Mr. Bill Weaver, Chair, informed the Board that we would go back to Agenda Item No. 4. (c) at this time.

Ms. Jeannie Gault, Chair of the Education Committee, led the review, discussion and possible action on the request for certification of Assistant Administrator.

Ms. Gault informed the Board that Ms. Jennifer Braun met the requirements for certification as an Assistant Administrator. Discussion followed.

Motion was made by Ms. Jeannie Gault, seconded by Mr. Jim Jakubovitz, to approve Ms. Jennifer Braun as a certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Stacy Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Peggy Wiebener, Dr. Maurice Payne, Mr. Terry Williams and Mr. Marc Edwards. Negative – None. Abstaining – None.

Mr. Marc Edwards left at 10:35 a.m.

Mr. Bill Weaver led the review, discussion and possible action regarding the request for Ms. Jennifer Braun to take the NAB exam. Discussion followed.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Nancy Pfeifer, to approve the request of Ms. Jennifer Braun to take the NAB exam. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – Ms. Susan Barnes, Ms. Jeannie Gault and Mr. Bill Pierce. Abstaining – None.

Motion was made by Ms. Susan Barnes, seconded by Mr. Bill Pierce, to allow Ms. Jennifer Braun the opportunity to audit the upcomingAdministratorUniversity in order to obtain additional information that would be helpful to her in passing the NAB exam. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – None.

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 also summarized some of the Board’s financial history. Ms. Gault informed the Board that we are not a self-sustaining agency at this time. Discussion followed.

Mr. Terry Williams, Chair of the Legislative Committee, led the review, discussion and possible action regarding the Legislative Report. Mr. Williams informed the Board that there had been discussion over the past year regarding raising the cap on the Executive Director’s salary and the steps necessary to get this accomplished. Discussion followed.

Motion was made by Mr. Terry Williams, seconded by Ms. Peggy Wiebener, to pursue raising the cap on the salary scale for our Executive Director which would require a statutory change. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener, Dr. Maurice Payne and Mr. Terry Williams. Negative – None. Abstaining – None.

There was no report regarding the Personnel Committee.

There was no report regarding the QA/Rules Committee however, Mr. Bill Pierce, Chair of the committee, informed the Board that there would be a meeting immediately following the Board meeting to discuss a number of things including the transitioning of the other disciplines under the Board’s authority.

There was no report regarding the Code of Ethics Committee.

Mr. Gaylord Thomas gave his report as follows:

1. NEW HIRE: Starting July 7th, Ms. Ginger Dean joined our office. She will be working primarily with the new administrator types while Pam will continue to work the nursing home administrator types. Ginger will also be our “rules” liaison and a few other office duties to help spread the workload.

2. AU - First class day: August 5th (next week). Because of classroom availability, most of our classes in the Fall term will be held on Fridays (which is a little unusual).

3. OSDH PROGRESS – Have been working with Dorya Huser and Mary Fleming at the Department of Health and I’m pleased to say that we’ve made great progress in getting them to commit to helping us with witnesses for our hearings. I’m very thankful for that cooperation and optimistic about the impact it will have on our process and ultimately the impact it will have on the professionalism of Oklahoma’s administrators. Meeting with Dr. Cline later today.

4. NAB REVIEW WORKSHOP- Still set for the 8th and 9th of August (Monday and Tuesday). It will be held in Suite 49 here in Shepherd Mall. Joseph Townsend will be conducting the review. We have more than 10 students attending and this will do nothing but help our first time pass rates on the NAB (9 students of the last 10 first time test takers passed... slightly up from my last report; still doing well and much better than previously; very pleased).

5. FIRST BOARD MEETING – November; planning to do a lot of “orientation” type activities at that meeting; as you all are the resident experts (“been there, done that”), I would like to hear from you what you think (in hindsight) would have better prepared you to be a Board member and/or the kinds of things that you would like to have in a binder for reference (I intend to include applicable rules and statutes, certainly). My goal is to prepare a notebook for each of the members of our new Board to help get them up to speed more quickly; spend more time at the first meeting introducing/reviewing “how” things work so it will go along more smoothly in later meetings. Expect that agenda to be “orientation” heavy.

a. CURRENT BOARD VACANCY: Since we have not had a major issue with our quorum since we’ve had the vacant seat and the entire Board is to be re-appointed by November 1st, the Governor’s Appointment Secretary has shared with me that they do not intend to fill that (until or unless our quorum does become a problem). An individual did recently apply specifically for that vacant position (FYI) but they will not be filling the vacancy.

b. REMINDER: If you’re intending to try to be re-appointed to the new Board, don’t forget…we do have some applications in the office for anyone who needs one or we can email it to you as well. Thank you to those of you who have already applied to come back in November.

6. NEXT BOARD MEETING–August 17th (4thWednesday).

The meeting adjourned at 10:25 a.m.

JEANNIE GAULT, SEC-TREASURER

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