Ok St Bd of Examiners for Long Term Care Adms., 8-27-08

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 8-27-08

MINUTES

The Regular Meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held on August 27, 2008, 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. Bill Weaver, OK City

Ms. Nancy Pfeifer, Tulsa

Dr. Maurice Payne, Checotah

Mr. Jim Jakubovitz, Tulsa

Mr. Terry Williams, OK City

Ms. Stella Church, OK City

Ms. Nancy Atkinson, OK City

Mr. Marc Edwards, OK City

MEMBERS ABSENT

Ms. Terry Clark, Tulsa

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. Becky Moore

Ms. Mary Brinkley

Mr. Rich Kackmeister

Ms. Jennifer Holmes

Mr. Bryan Smith

Mr. Stephen Cortes

Ms. Linda Brannon

Ms. Pam Humphreys

Mr. Roger Parker

Ms. Terri Rao

Ms. Susan Buff

Ms. Lindsay Fick

The meeting was called to order at 9:00 a.m. by Dr. Tom O’Connor, Chair.

Dr. Tom O’Connor welcomed everyone to the meeting and stated that we were in compliance with the Open Meeting Act.

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 Ms. Nancy Pfeifer. Absent were Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan and Dr. Maurice Payne.

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

Dr. Maurice Payne and Mr. Marc Edwards arrived at 9:05 a.m.

Dr. O’Connor asked that all guest introduce themselves to the Board members.

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

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

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

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

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

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

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

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

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

Mr. Jakubovitz led the review, discussion and possible action on the reinstatement of license from Inactive Status for Ms. Kathryn Schaapveld.

After discussion, it was decided that the application was incomplete. Once the application is determined to be complete, it may be brought back to the Board.

Mr. Jakubovitz led the review, discussion and possible action on the new potential licensee from reciprocity.

Mr. Jakubovitz reported that Mr. Rich Kackmeister met the requirements for reciprocity as a Long Term Care Administrator in Oklahoma.

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to approve the reciprocity of Mr. Rich Kackmeister as a Long Term Care Administrator in Oklahoma. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Mr. Bill Weaver, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Mr. Jakubovitz reported that Mr. Roger Parker met the requirements for reciprocity as a Long Term Care Administrator in Oklahoma.

Motion was made by Mr. Bill Weaver, seconded by Ms. Peggy Wiebener, to approve the reciprocity of Mr. Roger Parker as a Long Term Care Administrator in Oklahoma. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Mr. Bill Weaver, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Mr. Jakubovitz led the review, discussion and possible action on the new potential candidate for Assistant Administrator, Unlicensed.

Mr. Jakubovitz reported that Ms. Riki Redus met the requirements for certification as an Assistant Administrator, Unlicensed.

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

Mr. Jakubovitz led the review, discussion and possible action on the request of a Provisional licensefor Ms. Pam Humphreys.

Mr. Jakubovitz reported that Ms. Pam Humphreys met the requirements for a Provisional License.

Motion was made by Mr. Bill Weaver, seconded by Ms. Nancy Pfeifer, to approve the request of a Provisional License for Ms. Pam Humphreys. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Mr. Bill Weaver, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – Ms. Peggy Weiebner.

Mr. Jim Jakubovitz led the review, discussion and possible action on exceptions for licensure candidates for Mr. Israel Olude and Mr. Peter Usiukiewicz.

The Board reviewed the educational accreditation of the University of Lagos in Nigeria and alsothe Akademia Wychowania Fizycznego in Poland

After much discussion, it was decided to further investigate the foreign degree credential evaluationagencies which are the World Education Services (WES) and the International Education Research Foundation (IERF) and perhaps others. These services could evaluate the education received by an individual trained outside the U.S. and provide a (U.S.) degree equivalency rating for the Board’s consideration. For such special circumstances (i.e., international students educated abroad), an English proficiency test (TOEFL) could be required with a minimum passing score to be determined. The information obtained will be brought back to the Board.

Mr. Jim Jakubovitz led the discussion and possible action regarding the following continuing education programs for Oklahoma Long Term Care Administrators:

PharmCare of Hydro

The LTC Adventure---Information We Can All Use

October 16, 2008

Metro-TechConferenceCenter, OKC, OK

Requesting 6 Hours of Continuing Education

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

OK ST Dept of Health

ICFs/MR-The Principal Focus

September 16 & 17, 2008

Moore Norman Tech Center, OK City, OK

Requesting 6 hrs of CE per day with a total of 12 hrs CE

Motion was made by Mr. Bill Weaver, seconded by Dr. Maurice Payne, to approve the aforementioned program for 6 hours of continuing education per day with a total of 12 hours of continuing education. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Mr. Bill Weaver, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – Ms. Nancy Atkinson.

OK ST Dept of Health

MDS Automation & Quality Indicator/Quality Measure Workshop

November 6, 2008

GordonCooperTechCenter, Shawnee, OK Requesting 6 Hours of Continuing Education

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

Dr. Tom O’Connor led the discussion along with Dr. Roger Lanier regarding the review, discussion and possible action on the Policy and Procedures related to cell phones.

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

Dr. Roger Lanier led the review, discussion and possible action regarding complaints against Mr. Mark Ferris, license number 1927. Dr. Lanier briefed the Board members of the previous complaints against Mr. Mark Ferris. Discussion followed.

Motion was made by Mr. Marc Edwards, seconded by Ms. Peggy Wiebener to refer the complaints against Mr. Mark Ferris, license number 1927, over to our prosecuting attorney, Mr. Richard Mildren, after November 1, 2008. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Mr. Bill Weaver, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Dr. Tom O’Connor led the review, discussion and possible action on the approval of the contract for legal services of prosecuting attorney Mr. Richard Mildren.

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to approve the contract of the prosecuting attorney, Mr. Richard Mildren. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Mr. Bill Weaver, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Mr. Phil Forslund led the review, discussion and possible action regarding the revision of the Administrator-In-Training (AIT) program.

The Board members reviewed the AIT handouts in the packet. There was discussion relating to the content of Preceptor training and how many hours of continuing education the preceptor should receive for attending the program.There was also discussion regarding the issue of the Preceptor receiving continuing education hours for guiding an AIT through successful completion of the program. Dr. O’Connor and Board members agreed that the AIT training should encompass the Domains of Practice. There was discussion as to whether the professional associations represented were interested in possibly sponsoring Preceptor Training. There was also discussion regarding clarification as to who was currently a Preceptor. It was decided that whoever had attended Preceptor Training in the past and had been previously certified by the Board is still a Preceptor. However any Preceptor who is not currently in good standing and does not meet the current requirementswould not be allowed to guide an AIT through the program. Discussion followed.

Motion was made by Mr. Bill Weaver, seconded by Ms. Stella Church, that the Board staff, Dr. O’Connor, Jim Jakubovitz and the professional associations represented meet and discuss the particulars regarding Preceptor Training and to also discussthe content of the Administrator-In Training (AIT) program. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Mr. Bill Weaver, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

There was a 15 minute break.

Ms. Nancy Atkinson, Chair of the Rules Revision Committee led the review, discussion and possible action on the Rules Revision Committee report.

Ms. Atkinson stated that it was time for the Rules Revision committee to start meeting again due to more legislative changes. It was determined that there would be a Rules Revision committee meeting at the conclusion of the September 24, 2008 Regular Board meeting. Also, it was noted there were eight members on this committee and that would constitute a quorum. Mr. Bill Weaver suggested that his name be removed from this committee therefore solving the problem.

Dr. Tom O’Connor led the review, discussion and possible action relating to the Probable Cause Committee.

Dr. O’Connor informed the Board that as of November 1, 2008, the Priority Review Committeewould then turn into the Probable Cause Committee and that the members would remain the same. Discussion followed.

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 Financial Reports for June 2008 and July 2008 that were included in the packet. Ms. Gault informed the Board of an error on the beginning balance of the July 2008 report and corrected it and proceeded with the report. The Board is currently in good financial shape.

Motion was made by Ms. Stella Church, seconded by Dr. Maurice Payne, to approve the June 2008 and July 2008 Financial Reports as presented. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – Ms. Jeannie Gault.

There was no report concerning the Ethics Committee.

Mr. Bill Weaver, Chair of the Personnel Committee, led the review, discussion and possible action regarding the Personnel Committee report.

Mr. Weaver informed the Board that included in their packets was a list of the Executive Director’s goals for FY2009.

Mr. Jim Jakubovitz left at 11:00 a.m.

Motion was made by Mr. Bill Weaver, seconded by Ms. Jeannie Gault, to approve the Executive Director’s goals for FY2009. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Ms. Stella Church, Mr. Bill Weaver, Dr. Tom O’Connor, Mr. Marc Edwards, Ms. Jeannie Gault, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Dr. Roger Lanier, Executive Director gave his report as follows:

1. Executive Director’s Goals for FY09. The Executive Director’s Goals for FY09 have been distributed for your review. All comments are solicited.
2. Pass Through Monies in FY08 Budget. There were questions by Ray Hankins in OSHD related to what appeared to be an over-expenditure of a little more than $26,000 in FY08 funds. Following some research, it was determined that this related to some confusion on the purchase order on the $100,000 that was allocated in FY07 and allowed to be carried forward since in was allocated in June 2007. Paperwork was completed to rectify and there will not be a debit of $26,000 against OSBELTCA FY09 funds.
3. Administrative University. AdministrativeUniversity’s fall 2008 class began yesterday with 22 preregistered students. However as of the class date, there were 25 students and we could possibly continue to have more students enroll. While every AU class has looked bright and eager on day one, this class was enhanced by two relatives of a Board Member. Who says this Board is not going to extraordinary lengths to reproduce qualified administrators as quickly as is feasible?
4. Annual CE Audit. The annual CE audit (i.e., 5% sample, or 36) is now complete. All administrators were in compliance.
5. Backup Computer System. Equipment was purchased with year end funds and a contract signed with OSF to backup Agency data and electronic files. Consequently, any number of potential disasters, including a lighting strike, will not leave the Board or staff without most data files.
6. Historical File Conversion. Staff are in process of converting historical paper files to electronic formats. Closed licensure files are the current focus (i.e., 5 file cabinets full).
7. Prosecutor Position. A contract was prepared for Board approval with Richard Mildren of Riggs, Abney, Neal, Turpen, Orbison & Lewis for prosecutorial support. The contract has been reviewed by OAG staff. Required OAG waiver forms have also been prepared for submission.
8. Priority Review Committee Files. As Marc reported, 26 files were reviewed by the Priority Review Committee. Strategic decisions related to these files under current legislation and pending legislative changes will be reviewed by the Prosecutor, Chair of the Priority Review Committee, Council from the OAG, and the Executive Director following this meeting.
9. Complaint Statistics. The June updated listings were: pending hearings (1), complaints (28), and 2567s (70). Therefore, there were 99 cases pending.

Note that ten new cases have been received since the last meeting. These were three new complaints and seven new 2567s.