OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS. 1-22-2014

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held January 22, 2014 at 10:00 a.m. The meeting location was at the Shepherd Mall Office Complex, 2401 NW 23rd, OSBELTCA Conference Room, Oklahoma City, Oklahoma. Mr. Bill Weaver, Chair, presided over the meeting.

MEMBERS PRESENT

Mr. Bill Weaver, Chair, OK City

Mr. Bill Pierce, Vice-Chair, OK City

Ms. Susan Barnes, Sec-Treasurer, Edmond

Ms. Nancy Atkinson, OK City

Mr. Brett Coble, Ardmore

Ms. Pat Bean, OK City

Ms. Jacki Millspaugh, OK City

Ms. Nancy Poteete, Norman

Mr. Scott Calhoon, OK City

Ms. Nancy Pfeifer, Tulsa

Mr. Curtis Aduddell, OK City

Ms. Susan Haws, Glenpool

Mr. Jim Jakubovitz, Tulsa

MEMBERS ABSENT

Ms. Stacie Ware, Broken Arrow

Ms. Denise Wilson, Langley

OTHERS PRESENT

Mr. Gaylord Z. Thomas, Executive Director

Ms. Brinda White, Assistant Attorney General

Ms. Ginger Dean

Ms. Pam Duren

Mr. Richard Mildren

Mr. Gus Pekara

Ms. Becky Moore

Mr. Ed Hendrix

Mr. Robert Larson

Ms. Stephanie Bean

Ms. Judy Anderson

Ms. Starla Ditmore

Ms. Carrie Burnsed

Ms. Jeana Campbell

Mr. Andy Campbell

Mr. Barry Lewallen

Ms. Rayne Maddux

Ms. Samantha James

Ms. LaDonna Malone

Ms. Adrianne Graham

Ms. Sophia Jones

Mr. Bill Weaver, Chair, called the meeting to order and stated that we were in compliance with the Open Meeting Act and Authority.

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

Present were Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble and Mr. Jim Jakubovitz.

Mr. Weaver asked the public to introduce themselves to the Board members.

Mr. Bill Weaver asked the Board members to review the minutes of the 12-18-2013 Board meeting.

Motion was made by Ms. Pat Bean, seconded by Ms. Nancy Poteete, to approve the minutes of the 12-18-2013 Board meeting. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Mr. Bill Pierce and Mr. Brett Coble. Negative – None. Abstaining – Mr. Curtis Aduddell, Ms. Nancy Pfeifer and Mr. Jim Jakubovitz.

Mr. Curtis Aduddell, Chair of the Education Committee, gave the Education Committee report.

Mr. Aduddell led the review, discussion and possible action regarding granting the request of a Nursing Home Administrator’s license.

Mr. Aduddell informed the Board that Ms. Sheila Collier met the requirements for becoming a Nursing Home Administrator.

Motion was made by Mr. Curtis Aduddell, seconded by Mr. Bill Pierce, to approve Ms. Sheila Collier as a Nursing Home Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble and Mr. Jim Jakubovitz. Negative – None. Abstaining – None.

Mr. Aduddell informed the Board that Ms. Rayne Maddux met the requirements for becoming a Nursing Home Administrator.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Pfeifer, to approve Ms. Rayne Maddux as a Nursing Home Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble and Mr. Jim Jakubovitz. Negative – None. Abstaining – None.

Mr. Aduddell informed the Board that Ms. Stephanie Bean met the requirements for becoming a Nursing Home Administrator from endorsement.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Susan Barnes, to approve Ms. Stephanie Bean as a Nursing Home Administrator from endorsement. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble and Mr. Jim Jakubovitz. Negative – None. Abstaining – None.

Ms. Susan Haws arrived at 10:10 a.m.

Mr. Aduddell informed the Board that Ms. Jeana Campbell met the requirements for becoming a Certified Assistant Administrator.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Pfeifer, to approve Ms. Jeana Campbell as a Certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – None.

Mr. Aduddell informed the Board that Ms. Starla Ditmore met the requirements for becoming a Certified Assistant Administrator.

Motion was made by Mr. Curtis Aduddell, seconded by Mr. Bill Pierce, to approve Ms. Starla Ditmore as a Certified Assistant Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – None.

Mr. Aduddell informed the Board that Ms. Judy Anderson met the requirements for becoming a Residential Care/Assisted Living Administrator.

Motion was made by Mr. Curtis Aduddell, seconded by Mr. Bill Pierce, to approve Ms. Judy Anderson as a Residential Care/Assisted Living Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – None.

Mr. Aduddell informed the Board that Ms. Samantha James met the requirements for becoming a Residential Care Administrator.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Susan Barnes, to approve Ms. Samantha James as a Residential Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – None.

Mr. Aduddell informed the Board that Ms. Cherri Martin met the requirements for becoming a Residential Care Administrator.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Susan Barnes, to approve Ms. Cherri Martin as a Residential Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – None.

Licenses were presented at this time.

Mr. Aduddell led the review, discussion and possible action regarding the request for continuing education hours for the following seminar:

OK Foundation for Medical Quality

Journey to Quality: Improving Clinical Measures-UTIs & Falls

Locations are as follows:

2/11/14-SouthOKC

2/13/14-McAlester

2/20/14-Enid

2/27/14-NorthOKC

3/6/14-Lawton

3/13/14-Shawnee

3/26/14 and 3/27/14-Tulsa

4/1/14- Claremore

Requesting 6 Hrs of CE, Adm may attend only one seminar for CEUs

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Pfeifer, to approve the aforementioned program. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – None.

Mr. Bill Weaver led the request of Mr. Barry Lewallen to take the NAB exam. Discussion followed.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Pierce, to allow Mr. Barry Lewallen to take the NAB exam one more time. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – None.

Mr. Richard Mildren, the Board’s Prosecuting Attorney, informed the Board that he would like to continue until next month Case No. 12-51(H) Ms. Paula Torix and Case No. A13-51(P) Ms. Jocelyn Stittsworth. Discussion followed.

Motion was made by Ms. Susan Barnes, seconded by Ms. Nancy Pfeifer, to continue the aforementioned cases until next month. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – None.

Mr. Richard Mildren, the Board’s Prosecuting Attorney, led the review, discussion and possible action regarding OSBELTCA v. ROBERTA DONALDSON, License No. 2352 Case No. 12-99(D) Possible Evidentiary Hearing on Complaint; Possible Executive Session Pursuant to 25 O.S. Supp. 2009, §307(B)(8); Possible Board Action (JM).

Mr. Mildren distributed copies of the Settlement Agreement to the Board members.

The Settlement Agreement stated that Ms. Donaldson would receive a letter of reprimand, pay a fine of $2,000.00 plus attorney fees within 120 days and complete 18 hours of continuing education in the area of ethics, approved by the Executive Director, within 180 days of the date the agreement is signed.

Motion was made by Mr. Bill Pierce, seconded by Mr. Curtis Aduddell, to convene into Executive Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – Ms. Pat Bean.

Motion was made by Ms. Susan Barnes, seconded by Mr. Bill Pierce, to reconvene into Open Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – None.

Motion was made by Mr. Curtis Aduddell, seconded by Mr. Bill Pierce, to disapprove the Settlement Agreement presented by Mr. Richard Mildren, the Board’s Prosecuting Attorney. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Mr. Bill Weaver, Mr. Scott Calhoon, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Susan Haws and Ms. Nancy Poteete. Negative – None. Abstaining – Ms. Jacki Millspaugh, Ms. Pat Bean and Mr. Brett Coble.

Mr. Bill Weaver, led the review, discussion and possible action relating to OSBELTCA v. JENNIFER LASES, License No. A00282 Case No. A12-103(B) Possible Evidentiary Hearing on Complaint; Possible Executive Session Pursuant to 25 O.S. Supp. 2009, §307(B)(8); Possible Board Action. Ms. Jennifer Lases was not present nor was she represented by legal counsel. Also, Mr. Weaver informed the Board that Ms. Pat Bean, who was on the Probable Cause Committee and found probable cause, would not be present during deliberations.

Mr. Richard Mildren, the Board’s Prosecuting Attorney, distributed copies of the complaint to the Board members and allowed time for them to read the complaint. Mr. Mildren offered exhibits into the record which were admitted. Board members asked questions. Mr. Mildren rested his case.

Motion was made by Mr. Brett Coble, seconded by Mr. Bill Pierce, to convene into Executive Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – Ms. Pat Bean.

Everyone left the room except for the Board members who were not recusing, the Executive Director and Brinda White, the Board’s attorney. Ms. Pat Bean recused and left the room.

Motion was made by Mr. Bill Pierce, seconded by Mr. Curtis Aduddell, to reconvene into Open Session. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Pat Bean, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – None.

Motion was made by Ms. Susan Haws, seconded by Mr. Jim Jakubovitz that the respondent be found guilty of all counts by clear and convincing evidence. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – Ms. Pat Bean.

Motion was made by Ms. Susan Barnes, seconded by Mr. Bill Pierce that the Board impose a penalty of revocation, a fine of $1,000.00 per count, totaling $2,000.00 plus attorney fees. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Scott Calhoon, Ms. Jacki Millspaugh, Mr. Bill Weaver, Ms. Nancy Poteete, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Mr. Jim Jakubovitz. Negative – None. Abstaining – Ms. Pat Bean.

Mr. Gaylord Z. Thomas led the review, discussion and possible action regarding the Probable Cause Committee Report. Mr. Thomas also gave “The 2013 Probable Cause Report” which was an item within his Executive Director’s Report at this time.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 13-77(H) and 13-78(H).