Ok St Bd of Examiners for Long Term Care Adms., 9-26-07

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 9-26-07

MINUTES

The Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) met September 26, 2007 at the Shepherd Mall Office Complex, 2401 NW 23rd, Ste 40 B, Oklahoma City, Oklahoma with Dr. Tom O'Connor Chair,presiding.

MEMBERS PRESENT

Dr. J. T. (Tom) O'Connor, Jr., Chair, Marietta

Ms. Eleanor Kurtz, Vice-Chair, Oklahoma City

Ms. Jeannie Gault, Sec-Treasurer, Lawton

Ms. Terry Clark, Tulsa

Mr. Terry Williams, Oklahoma City

Mr. Jim Jakubovitz, Tulsa

Dr. Maurice Payne, Checotah

Ms. Nancy Atkinson, Oklahoma City

Mr. Marc Edwards, Oklahoma City

Ms. Emma Jordan, Alva

Ms. Peggy Wiebener, Thomas

MEMBERS ABSENT

Ms. Nancy Pfeifer, Tulsa

Mr. Bill Weaver, Oklahoma City

Dr. Gary Johnson, Oklahoma City

OTHERS PRESENT

Dr. Roger Lanier, Executive Director

Ms. Brinda White, Assistant Attorney General

Ms. Pam Duren, Secretary

Ms. Carrie Burnsed

Ms. Sherri Francis

Mr. Craig Cole

Ms. Gayla Moran

Ms. Michelle Jernigan

Ms. Christine Reed

Ms. Lisa Childree

Mr. Burl Stricker

Ms. Brenda Plumetree

Mr. Scott Bushing

Mr. Jim Meyer

Mr. Stephen Dudley

Ms. Angel Loyd

Ms. Vicki Borden

Ms. Rebecca Moore

Mr. Tommy Humphries

Ms. Sandra Balzer

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

Dr. Tom O'Connor directed Ms. Pam Duren, Secretary, to call roll confirming a quorum.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Emma Jordan, that the minutes of the July 25, 2007 meeting be approved as submitted. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Emma Jordan, and Dr. Maurice Payne. Negative – None. Abstaining – None.

Dr. O'Connor announced to the Board that we had a new Board Member, Dr. Gary Johnson. However, it could possibly be January 2008 before he can attend the meetings, due to scheduling conflicts. Dr. O'Connor had the public present to stand and introduce themselves to the Board members.

Mr. Terry Williams arrived at 9:05 a.m.

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

Mr. Jakubovitz informed the Board that Mr. Scott Bushong met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Marc Edwards, to approve Mr. Scott Bushong as a Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Emma Jordan, and Dr. Maurice Payne. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Ms. Cassandra Mistretta met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Ms. Peggy Wiebener and Ms. Terry Clark arrived at 9:08 a.m.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Jeannie Gault, to approve Ms. Cassandra Mistretta as a Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Terry Clark, Ms. Emma Jordan and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Peggy Wiebener.

Mr. Jakubovitz informed the Board that Ms. Jane Stilwell met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Terry Williams, to approve Ms. Jane Stilwell as a Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Peggy Wiebener, Ms. Eleanor Kurtz, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Terry Clark, Ms. Emma Jordan and Dr. Maurice Payne. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Mr. Burl Stricker met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Jeannie Gault, to approve Mr. Burl Stricker as a Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Peggy Wiebener, Ms. Eleanor Kurtz, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Terry Clark, Ms. Emma Jordan and Dr. Maurice Payne. Negative – None. Abstaining – None.

Mr. Jakubovitz led the discussion regarding the possible action on the new potential licensees.

Mr. Jakubovitz informed the Board that Ms. Michelle Jernigan met the requirements for licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Eleanor Kurtz, to approve Ms. Michelle Jernigan as a Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Peggy Wiebener, Ms. Eleanor Kurtz, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Terry Clark, Ms. Emma Jordan and Dr. Maurice Payne. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that the new potential licensee Ms. Sherri Francis did not appear to have received a bachelor's degree from an accredited college or university and that she does not possess the honesty and characteristics that we are looking for in an administrator. Mr. Jakubovitz informed the Board that he did not feel comfortable with approving her at this time and asked Dr. Lanier to elaborate.

Dr. Roger Lanier, Executive Director, informed the Board that his review of Ms. Francis' licensure application revealed several issues: 1. The certified transcript from Francis Sandy Theological Centre did not show that the institution had awarded Ms. Francis a bachelor's degree. 2. Documentation provided by Ms. Francis did not establish that the Commission on Accrediting for the Association of Theological Schools had accredited Francis Sandy Theological Centre and more importantly, North Central Association of Colleges and Secondary Schools, or its equivalent." The one currently listed is not a previously approved accreditor based upon the rules. 3. A Plan of Correction submitted to the Board by Ms. Francis was signed by her as "Administrator AIT". The original document received at the Oklahoma State Department of Health was signed by Ms. Francis as "Administrator". Dr. Lanier pointed out to the Board that Ms. Francis' attorney, Carrie Burnsed, had written to the Board that the Plan of Correction was submitted to the Department of Health with the designation of "Administrator" but Ms. Francis did not know how the Plan of Correction submitted to the Board stated "Administrator AIT". Dr. Lanier informed the Board that the Expungement Order dated July 19, 2007, prohibited the Board from considering the matters expunged. Dr. Lanier then turned the meeting back to Mr. Jim Jakubovitz.

Mr. Jakubovitz informed the Board that given the application materials that they had in front of them that he recommended denial of Ms. Francis' licensure application. Mr. Craig Cole, Attorney for Ms. Sherri Francis, asked exactly what the reasons for denial were. Mr. Jakubovitz stated that he believed that there was not satisfactory evidence that Ms. Francis had received a bachelor's degree from an accredited college or university and that he also believed that Ms. Francis had been dishonest and conducted herself in a manner unbecoming to a person subject to licensure. Discussion followed.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Eleanor Kurtz, to deny the application of licensurefor Ms. Sherri Francis based on unsatisfactory evidence of completion of a bachelor's degree from an accredited college or university and that Ms. Francis had beendishonest and conducted herself in a manner unbecoming of a person subject to licensure. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Mr. Jakubovitz led the discussion and possible action regarding the request for hours of continuing education concerning the following programs:

ODHS – DDSD

2007 DDSD Fall Conference

September 27-28, 2007

Embassy Suites, OK City

Requesting 6 hrs CE on the 27th & 3 hr CE on the 28th

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Eleanor Kurtz, to approve the aforementioned program for a total of 9 hours of continuing education. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Oklahoma Community-based Providers

Records Retention, Retrieval & Destruction

October 17, 2007

Metro Tech Business Conf Center, OK City

Requesting 6 hrs of CE

Motion was made by Mr. Jim Jakubovitz, 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. Eleanor Kurtz, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Pharmcare of Hydro

Thinking Outside the Box – for the Basics

October 25, 2007

Metro Tech, OK City

Requesting 6 hrs of CE

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

Dr. Tom O'Connor led the discussion concerning Agenda Item #12 regarding the review, discussion and possible action on consideration of the 60 day extension on Mr. Emmanuel Azzun Case # 07-28 and Case #07-29.

Motion was made by Ms. Peggy Wiebener, seconded by Mr. Terry Williams, to approve the 60 day extension concerning Mr. Emmanuel Azzun Case #07-28 and Case #07-29. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Ms. Peggy Wiebener, in Bill Weaver's absence, led the review, discussion and possible action on hiring an Investigator. Ms. Wiebener informed the Board that they had several possibilities. One applicant named Mr. Charles Melton who is an investigator with the Real Estate Commission; however he does not have long term care experience. Another applicant is Mr. Gary Glover who is a retired Oklahoma State Department of Health employee. Mr. Glover was Chief over the medical facilities and does have investigative skills and knowledge over the survey process since he was over the hospitals. There was also discussion of a former investigator, Mr. Bill Fogleman, who is apparently still interested in doing some investigations for us.The proposal today is for Mr. Charles Melton and Mr. Gary Glover for part time appointment. We would pay them for the cases they worked plus expenses. We are not bringing forward a recommendationfor Bill Fogleman at this time. Mr. Gary Glover would be assigned cases in eastern Oklahoma and Mr. Charles Melton would be assigned cases in western Oklahoma. Dr. O'Connor informed the Board that when we assign the cases to the investigators we will offer them direction, with specific things that we would like to know so that they have some guidance about what they need to do and what things they need to look at based on our instructions to them. So when we give them a case contracted, we need to have it prepared for them in such a way that they understand what we are expecting back. Dr. Lanier also informed the Board that he and the prosecutors were working on consolidating various forms into one so they would all have the same pertinent information to establish a base line. When such a form is developed, it will be brought to the Board for approval. Discussion followed regarding possible orientation procedures, reviewing the investigators work performance within 3 to 6 months, etc.

Dr. O'Connor informed the Board that reviewing the performance of the investigators would be a future agenda item and that the Board could also do a performance review on each case presented.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Terry Clark, to hire Mr. Charles Melton & Mr. Gary Glover as investigators on a contractual part time basis. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Dr. Tom O'Connor led the review, discussion and possible action on the following complaints that are set for initial decision by the Board.

Motion was made Ms. Peggy Wiebener, seconded by Mr. Jim Jakubovitz, to convene into Executive Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Emma Jordan, to convene into Open Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Mr. Jim Jakubovitz left at 11:45 a.m.

Ms. Brinda White, Assistant Attorney General, informed Dr. Tom O'Connor that Ms. Gay Tudor, Head, General Counsel Section of the Office of Attorney General, was present regarding Agenda Item #5 – Confidential communications between Board and its Attorney General concerning pending investigations and complaints.

Motion was made Ms. Eleanor Kurtz, seconded by Ms. Peggy Wiebener, to convene into Executive Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Motion was made by Ms. Nancy Atkinson, seconded by Ms. Emma Jordan, to convene into Open Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Mr. Terry Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

It was a unanimous decision to continue to Agenda Item #6 B. which was a discussion concerning the review and possible action regarding the consideration of Settlement Agreement Involving Ms. Susan Evers, Case #06-72.

Mr. Tommy Humphries, Assistant Attorney General, led the discussion regarding a proposed Settlement Agreement, which was distributed to the Board members for review,concerningMs. Susan Evers, Case #06-72.

Motion was made Ms. Nancy Atkinson, seconded by Mr. Terry Williams, to convene into Executive Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Ms. Jeannie Gault, Mr. Terry Williams, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Motion was made by Ms. Jeannie Gault, seconded by Ms. Terry Clark, to convene into Open Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Mr. Terry Williams was not currently present for the aforementioned motion.

There was discussion regarding the modifications that were stipulated by the Board members on the Settlement Agreement.

Motion was made by Mr. Marc Edwards, seconded by Ms. Emma Jordan, to accept the Settlement Agreement with the modifications concerning Ms. Susan Evers, Case #06-72. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Mr. Terry Williams was not currently present for the aforementioned motion.

Ms. Sandy Balzer, Assistant Attorney General, led the discussion regarding a proposed Settlement Agreement, which was distributed to the Board members for review, concerning Ms. Lisa Childree Case #07-23.

Motion was made Ms. Nancy Atkinson, seconded by Ms. Eleanor Kurtz, to convene into Executive Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Ms. Jeannie Gault, Mr. Terry Williams, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None

Motion was made by Ms. Nancy Atkinson, seconded by Ms. Emma Jordan, to convene into Open Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Ms. Peggy Wiebener, Mr. Terry Williams and Dr. Maurice Payne. Negative – None. Abstaining – None.

There was discussion regarding the modifications that were stipulated by the Board members on the Settlement Agreement.

Motion was made by Ms. Jeannie Gault, seconded by Mr. Terry Williams, to accept the Settlement Agreement with the modifications concerning Ms. Lisa Childree, Case #07-23. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Eleanor Kurtz, Ms. Jeannie Gault, Dr. Tom O'Connor, Mr. Marc Edwards, Ms. Terry Clark, Ms. Emma Jordan, Ms. Peggy Wiebener, Mr. Terry Williams and Dr. Maurice Payne. Negative – None. Abstaining – None.