OK ST BD OF EXAMINERS FOR NH ADMS., WEDNESDAY, 5-24-06
MINUTES
The Oklahoma State Board of Examiners for Nursing Home Administrators met May 24, 2006 at the OklahomaEngineeringCenter, 201 NE 27th St., Room 125, Oklahoma City, Oklahoma with President Mary Ann Karns presiding.
MEMBERS PRESENT
Ms. Mary Ann Karns, President, Edmond
Ms. Eleanor Kurtz, Vice-President, Oklahoma City
Ms. Jeannie Gault, Sec-Treasurer, Lawton
Ms. Nancy Atkinson, Oklahoma City
Ms. Terry Clark, Tulsa
Ms. Peggy Wiebener, Thomas
Ms. Nancy Pfeifer, Tulsa
Mr. Bill Weaver, Oklahoma City
Dr. J. T. (Tom) O'Connor, Jr., Marietta
Mr. Terry Williams, Oklahoma City
Ms. Emma Jordan, Alva
Dr. Marie Bernard, OK City
MEMBERS ABSENT
Mr. James (Jim) Jakubovitz, Tulsa
Ms. Rita Schluneger, Tulsa
Dr. Maurice Payne, Checotah
OTHERS PRESENT
Dr. Roger A. Lanier
Ms. Pam Duren
Mr. Kevin Sauberzweig
Ms. Pamm Dickey
Mr. Steve Merrill
Ms. Mary Brinkley
Ms. Angela York
Ms. Janine McCullough
Mr. Greg Guymon
Ms. Angel Loyd
Dr. Terry Cline
The meeting was called to order at 9:05 a.m. by President Mary Ann Karns.
Ms. Mary Ann Karns asked the Board members to review the minutes of the April 26, 2006 Board meeting and asked if there were any corrections or deletions, being none they were approved as submitted.
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OK ST BD OF EXAMINERS FOR NH ADMS., WEDNESDAY, 5-24-06
Ms. Karns informed the Board that on May 3, 2006, she had the opportunity to present an update on our agency at the Conference on Aging. She also met that afternoon with the Executive Committee and Dr. Roger Lanier, the Board's new Executive Director, to set some priorities. On May 9, 2006, Ms. Karns spoke with the Green Country Health Care Association in Tulsa which consisted of administrators, nurses, nursing home employees, hospice workers and some pharmacy related people, who were all very interested in hearing about the Board's changes. There is a desire among the administrators, in both groups, to have training in connection with their specific area meetings or by teleconference for continuing education hours. This is an area the Board needs to consider. There was some concern that SB 1850 was going to get lost in the shuffle, but it is now out of conference and it will be amended to a July 1, 2006 effective date and we think it will be passed without difficulty. However, the appropriations struggle continues. We are now hopeful that HB1166, which is our supplemental appropriation, will be run on Wednesday. We are also hopeful that next year's appropriation will be okay. Both will continue to be monitored closely. Ms. Karns also informed the Board members that at the July Board meeting new committees would be formed. Two of our Board members will be leaving us, Dr. Marie Bernard will serve through June 2006 and Ms. Rita Schluneger has recently moved out of state. Ms. Karns stated that if current Board members knew of interested individuals willing to serving, to please have them contact the Governor's office.
Dr. Roger A. Lanier, Executive Director, reported that renovations on the office have begun and that the office is in serious disarray. He also informed the Board that the printing problem, involving copying of referrals/complaints, had not been solved, but that the office is in the process of searching for an inexpensive and speedy solution prior to the June meeting. The budget has been reviewed and if either of the legislative initiatives is unsuccessful, there will be significant potential for operational problems for the Board. Dr. Lanier remains hopeful that the precision with which the cases are presented to the Board will continue to improve.There will also be a meeting with Mr. Jerry Taylor, Oklahoma State Department of Health, within the next month to request that his office incorporate specific administrative complaints into their investigations and that he speak to our Board concerning this issue. The State Standards examination has also been reviewed and contrasted with details on the National examination and he plans to work with the Education committee to relate the critical incidents/complaints to areas covered on the entry examination. The details relating to the 2002 Administrator's University have been reviewed and he is hopeful that the future offerings can be more modularized to facilitate remediation as well as basic entry. Dr. Lanier reported that the number of nursing home administrators was declining nationally and locally and that the field has failed to attract a sufficient supply of new, qualified administrators. The national decline began in the 1980s and NAB figures report a 36.5% decline from 1997 – 2000 alone. In Oklahoma, there were 1004 active administrators in 1998 and there are 771 today, or a 30% decline. A memo has been sent to all the administrators informing them of the increase of continuing education hours. The Board has also received a letter of resignation from Ms. Linda Tidwell, Investigator for the Board.
Ms. Mary Ann Karns led the discussion concerning the petition for a waiver regarding the concurrent service of one nursing home administrator over two facilities by the Heartway Corporation Board of Directors. Mr. Kevin Sauberzweig, Executive Director of Heartway Corporation, was present to answer all the questions of the Board members relating to this request. Discussion followed.
Motion was made by Mr. Bill Weaver, seconded by Ms. Terry Clark, to approve the request that Ms. Vicki Keeney, Nursing Home Administrator,receive a waiver of the Board's rule, allowing her to concurrently serve as the administrator of McCurtain Manor Nursing Center in Broken Bow, Oklahoma and Memorial Heights Nursing Home in Idabel, Oklahoma. This waiver is effective May 24, 2006 and expires on August 25, 2006. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Mr. Bill Weaver, Mr. Terry Williams, Ms. Peggy Wiebener, Ms. Terry Clark, Dr. Tom O'Connor, Dr. Marie Bernard, Ms. Emma Jordan, Ms. Mary Ann Karns, Ms. Eleanor Kurtz and Ms. Jeannie Gault. Negative – Ms. Nancy Pfeifer. Abstaining – None.
Ms. Karns led the discussion concerning the request for Preceptor certification for Ms. Pamm Dickey, Nursing Home Administrator. Discussion followed.
Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, that Ms. Pamm Dickey be certified as a Preceptor. Motion carried with voting as follows: Affirmative – Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Terry Williams, Ms. Peggy Wiebener, Ms. Terry Clark, Dr. Tom O'Connor, Dr. Marie Bernard, Ms. Emma Jordan, Ms. Mary Ann Karns, Ms. Eleanor Kurtz and Ms. Jeannie Gault. Negative – Ms. Nancy Atkinson. Abstaining – None.
Ms. Karns had the public present at the meeting, to introduce themselves to the Board.
Ms. Karns led the discussion concerning the request of reciprocity for Ms. Jeanne Morton.
Motion was made by Mr. Bill Weaver, seconded by Dr. Marie Bernard, to reject the request of reciprocity for Ms. Jeanne Morton, due to the fact that she does not meet our minimum requirement of a four year bachelor's degree. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Terry Williams, Ms. Peggy Wiebener, Ms. Terry Clark, Dr. Tom O'Connor, Dr. Marie Bernard, Ms. Emma Jordan, Ms. Mary Ann Karns, Ms. Eleanor Kurtz and Ms. Jeannie Gault. Negative – None. Abstaining - None.
Ms. Karns led the discussion concerning the requests of programs for continuing education hours for Oklahoma nursing home administrators.
Ms. Nancy Atkinson had recused herself from the Board's discussion of this program and abstained from voting.
Motion was made by Mr. Bill Weaver, seconded by Ms. Terry Clark, to approve the OK ST Dept of Health's program, Excellence Through Understanding-2006 Road Map, Long Term Care Provider Training, June 28-29, 2006, OKC, November 14-15, 2006, OKC, July 26-27, 2006, Tulsa, for 12 hours of continuing education per session. Motion carried with voting as follows: Affirmative - Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Terry Williams, Ms. Peggy Wiebener, Ms. Terry Clark, Dr. Tom O'Connor, Dr. Marie Bernard, Ms. Emma Jordan, Ms. Mary Ann Karns, Ms. Eleanor Kurtz and Ms. Jeannie Gault. Negative – None. Abstaining – Ms. Nancy Atkinson.
Motion was made by Mr. Bill Weaver, seconded by Ms. Emma Jordan, to approve the Oklahoma Community-based Provider's program, Fundamentals of Personnel Law, July 19, 2006, OK City, for 6 hours of continuing education. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Terry Williams, Ms. Peggy Wiebener, Ms. Terry Clark, Dr. Tom O'Connor, Dr. Marie Bernard, Ms. Emma Jordan, Ms. Mary Ann Karns, Ms. Eleanor Kurtz and Ms. Jeannie Gault. Negative – None. Abstaining - None.
Ms. Eleanor Kurtz, Vice-President, informed the Board that the "Abuse" training offered during the State Conference on Aging, which was approved by the Board for 3 hours of continuing education, May 4, 2006, was a huge success. There were seven administrators in attendance and they were all told at the beginning of the workshop they would receive a post test at the conclusion of the session. The post tests were graded by Ms. Nancy Atkinson and Ms. Eleanor Kurtz; they were pleased to announce there were 3-As, 2-Bs, 1-C and 1-F, which was due to the fact that 1 administrator did not complete the post test. Ms. Atkinson and Ms. Kurtz evaluated the post test, deciding which questions were missed the most, etc. They decided to remove 4 of the questions they didn't feel were adequately covered in the training, before the final grades were accessed. There was also discussion concerning the certificates of attendance and completion of the post test. The Board decided the participants should receive a copy of the questions they missed with the correct answer to allow additional opportunity for learning of the material. Discussion followed.
Dr. Marie Bernard, Chair of the Ethics committee, led the discussion concerning the Code of Ethics for Board members. Dr. Bernard informed the Board that the committee had met prior to the Board meeting at 8:30 a.m. The committee made a recommendation that the Board adopt the Code of Ethics in their packet with numbering from 1-8. There were additions including adding the language "personal or" between derive and financial, and also "or when I have knowledge not available to others that might influence my decision", and adding 9."To treat all with dignity, respect, and fairness, including other Board members". Ms. Tricia Everest, our Assistant Attorney General, will review the 27 page Code of Ethics and will inform the Board if anything more needs to be incorporated into our Code of Ethics.
Motion was made by Mr. Bill Weaver, seconded by Ms. Jeannie Gault, to accept the recommendation of the Ethic's committee to adopt the aforementioned Code of Ethics, including the additional changes, for Board members. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Terry Williams, Ms. Peggy Wiebener, Ms. Terry Clark, Dr. Tom O'Connor, Dr. Marie Bernard, Ms. Emma Jordan, Ms. Mary Ann Karns, Ms. Eleanor Kurtz and Ms. Jeannie Gault. Negative – None. Abstaining - None.
Ms. Jeannie Gault, Secretary-Treasurer, led the discussion concerning the Finance Report. She informed the Board that we were still continuing to be frugal with the spending, which included delaying travel reimbursement for Board members and delaying payment to State agencies and not utilizing the investigators until the Board received the supplemental appropriation. Ms. Gault also informed the Board that the upcoming budget needs to become realistic, in terms of what we need to spend and in terms of what we have.
Motion was made by Mr. Bill Weaver, seconded by Dr. Marie Bernard, to accept the Finance Report. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Terry Williams, Ms. Peggy Wiebener, Ms. Terry Clark, Dr. Tom O'Connor, Dr. Marie Bernard, Ms. Emma Jordan, Ms. Mary Ann Karns, Ms. Eleanor Kurtz and Ms. Jeannie Gault. Negative – None. Abstaining - None.
There was a break from 10:20 – 10:45 a.m.
Motion was made by Mr. Bill Weaver, seconded by Dr. Marie Bernard, to convene Executive Session pursuant to 25 O.S. Section 307(B)(B) to review complaints/referrals involving nursing home administrators. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Terry Williams, Ms. Peggy Wiebener, Ms. Terry Clark, Dr. Tom O'Connor, Dr. Marie Bernard, Ms. Emma Jordan, Ms. Mary Ann Karns, Ms. Eleanor Kurtz and Ms. Jeannie Gault. Negative – None. Abstaining - None.
There was a break from 1:10 -1:25 p.m.
Motion was made by Dr. Marie Bernard, seconded by Ms. Nancy Pfeifer, to reconvene into Open session. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Terry Williams, Ms. Peggy Wiebener, Ms. Terry Clark, Dr. Tom O'Connor, Dr. Marie Bernard,Ms. Mary Ann Karns, Ms. Eleanor Kurtz and Ms. Jeannie Gault. Negative – None. Abstaining - None
Ms. Emma Jordan was not present for this motion, consequently she had no vote.
Ms. Tricia Everest informed the Board that Case No. 04-63, a complaint/referral against Ms. Cherie F. Lee, would be continued.
The Board members combined Case No. 05-52A & 05-52B complaints/referrals against Ms. Julia Blankenship for review. The Board determined that Ms. Blankenship failed to monitor and supervise resident care, failed to report and that the complaint about lack of a job description was unsubstantiated. The Board determined that Ms. Julia Blankenship receive a Reprimand – you failed to monitor and supervise resident care and failed to report. The job description complaint was unsubstantiated.
Ms. Nancy Atkinson had recused herself from the Board's discussion of this case in Executive Session and abstained from voting.
Motion was made by Ms. Terry Clark, seconded by Ms. Peggy Wiebener, that Case No. 05-52A & 05-52B, a complaint/referral against Ms. Julia Blankenship, that she failed to monitor and supervise resident care, failed to report and that the job description complaint was unsubstantiated. The Board determined that Ms. Julia Blankenship receive a Reprimand – you failed to monitor and supervise resident care and failed to report. The complaint concerning the job descriptionwas unsubstantiated. Motion carried with voting as follows: Affirmative – Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Terry Williams, Ms. Peggy Wiebener, Ms. Terry Clark, Dr. Tom O'Connor, Dr. Marie Bernard, Ms. Emma Jordan, Ms. Mary Ann Karns, Ms. Eleanor Kurtz and Ms. Jeannie Gault. Negative – None. Abstaining – Ms. Nancy Atkinson.
The Board members reviewed Case No. 05-77, a complaint/referral against Mr. Timothy Pickert. The Board determined that Mr. Pickert should receive a letter of concern informing him that failure to cooperate with investigators may be actionable and to send him a copy of our new rules and regulations.
Ms. Nancy Atkinson had recused herself from the Board's discussion of this case in Executive Session and abstained from voting.
Motion was made by Mr. Bill Weaver, seconded by Ms. Jeannie Gault, that Case No. 05-77, a complaint/referral against Mr. Timothy Pickert, that he shouldreceive a letter of concern informing him that failure to cooperate with investigators may be actionableand to send him a copy of our new rules and regulations. Motion carried with voting as follows: Affirmative – Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Terry Williams, Ms. Peggy Wiebener, Ms. Terry Clark, Dr. Tom O'Connor, Dr. Marie Bernard, Ms. Emma Jordan, Ms. Mary Ann Karns, Ms. Eleanor Kurtz and Ms. Jeannie Gault. Negative – None. Abstaining – Ms. Nancy Atkinson.
The Board members combined Case No. 05-80 and 05-81, complaints/referrals against Ms. Hjorids (Jodi) Garrison for review. The Board determined that these cases should be dismissed because allegations were not proven.
Motion was made Mr. Bill Weaver, seconded by Ms. Nancy Pfeifer, that Case No. 05-80 and 05-81, complaints/referrals against Ms. Hjorids (Jodi) Garrison,should be dismissed because allegations were not proven. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Terry Williams, Ms. Peggy Wiebener, Ms. Terry Clark, Dr. Tom O'Connor, Dr. Marie Bernard, Ms. Emma Jordan, Ms. Mary Ann Karns, Ms. Eleanor Kurtz and Ms. Jeannie Gault. Negative – None. Abstaining. – None.
The Board members reviewed Case No. 05-11, a complaint/referral against Ms. Dawn Hollander. The Board determined that Ms. Hollander should receive a letter of concern because she failed to report lack of RN coverage, which was substantiated and reported to the Oklahoma State Department of Health and also the Board suggests that she receive more training. There will also be additional issues that will be investigated.
Motion was made by Mr. Bill Weaver, seconded by Ms. Jeannie Gault, that Case No. 05-11, a complaint/referral against Ms. Dawn Hollander, that she should receive a letter of concern because she failed to report lack of RN coverage, which was substantiated and reported to the Oklahoma State Department of Health and also the Board suggested that she receive more training. There will also be additional issues that will be investigated. Motion carried with voting as follows: Affirmative - Mr. Bill Weaver, Ms. Nancy Pfeifer, Mr. Terry Williams, Ms. Peggy Wiebener, Ms. Terry Clark, Dr. Tom O'Connor, Dr. Marie Bernard, Ms. Emma Jordan, Ms. Mary Ann Karns, Ms. Eleanor Kurtz and Ms. Jeannie Gault. Negative – Ms. Nancy Atkinson, who felt that educational requirements should have been stipulated. Abstaining – None.