3601

Meeting of the

IDAHO BOARD OF NURSING

Hyatt Place

925 N Milwaukee Street

Boise, Idaho

May 1-2, 2008

MINUTES

Time and Place

/ A regular meeting of the Idaho Board of Nursing was held on May 1-2, 2008, in Boise, Idaho.

Presiding

/ Susan Odom, PhD, RN, Chairman

Call to Order

/ The meeting was called to order at 9:03 AM, Thursday, May 1, 2008, by Susan Odom, Chairman.

Those Present

Board

/ Susan Odom, PhD, RN, Moscow, Chairman
Randall Hudspeth, NP, CNS, Boise, Vice-Chairman
Vicki Allen, RN, Pocatello
Janine Baxter, RN, Post Falls
Jill Howell, RN, Jerome
Linda Humphrey, Consumer, Jerome
Shirlie Meyer, RN, Meridian
Carrie Nutsch, LPN, Jerome
Rebecca Reese, LPN, Post Falls

Staff

/ Sandra Evans, MAEd, RN, Executive Director
Judy Nagel, MS, RN, Associate Director
Jan Edmonds, MSN, RN, Director for Professional Compliance
Linda Coley, Management Assistant
Roger Gabel, Deputy Attorney General
Karl Klein, Deputy Attorney General
Consent Agenda
Motion
/ The following items were removed from the Consent Agenda: B (4d) - Update from EMS Representative and D (1 a-b) - Denial of Licensure AND d-2 – Non-Routine Applications Report. The Consent Agenda was then adopted as presented to include the following items:
Information Exchange
A. Approval of Minutes – January 24-25, 2008
Governance/Organization
A.  Report of Meeting Attendance
1. Mid-Year Meeting – Chicago, IL
3/3-5/08
2. NCSBN Leadership Day - Chicago, IL 3/2/08
3. NLCA -3/2/08
4. APPN – Region X – Seattle – 3/28/08
5. Faculty Shortage – Implications for Regulation 3/25-26-08
6. TERCAP – 4/7/08
7. Medicaid Fraud – 3/8-10/08
8. Idaho Rural Health Association Meeting 4/10/08
B. LSO Audit Report
C. Quarterly Performance Report
D. Quarterly Updates:
1. Special Projects Update
2. NCSBN Activities Update
3. NLC Update
E. Legislative Update
F. Approval of NCSBN Contract and Fee and NLCA Fee
Practice/Discipline
A. Environmental Scan
B. Delegation Model Chart
C. APPN Peer Review Audit
Licensure
A. Non-Routine Applications Report
B. Frequently Asked Questions
Denial of Licensure
Motion /
Board members reviewed the Order of Denial of Licensure for:
A. Dennis Ray Pool – LPN Endorsement applicant
B. Sandra Simmers – RN Endorsement application
Following their review of information, motion was made and carried to affirm the Orders of Denial of Licensure for Dennis Pool and Sandra Simmers.
Non-Routine
Motion / Board members reviewed, discussed and accepted the “non-Routine Applications” Report, 3rd Quarter.
Information Exchange
Open Forum / /
Time for an open forum was provided at 9:15 am on Friday, May 2, 2008. Cathy Giessel, President, and Nancy Sanders, Executive Director, Alaska Board of Nursing were present to observe the Board’s processes and discussed the difference between the two Boards of Nursing. Additionally, a representative from ITT Tech was present in the audience.
Governance/Organization
Appointment of 2008 Delegates
Motion / / Following discussion, a motion was made and carried, to appoint Susan Odom and Randy Hudspeth as voting delegates to the 2008 NCSBN Delegate Assembly. Alternate Delegates – Judy Nagel and Jan Edmonds.
Additional Board members approved to attend the NCSBN Delegate Assembly in Nashville, TN were Janine Baxter, Vicki Allen, Jill Howell, and Rebecca Reese. In addition, Sandy Evans will attend in her role as NCSBN Committee chair, expenses to be assumed by NCSBN.
Agency Policies
Motion / Sandy Evans presented policies regarding:
1. Criminal Background Checks Management
2. Duties of Appointees/Nominees
3. Determination of Eligibility for Licensure
A motion was made and carried to approve the policies as presented.
Appointment of APPN Advisory Committee Members
Motion / A motion was made and carried, to re-appoint Cathy Arvidson, PhD, NP and Keith Davis, MD to continuing terms on the Advanced Practice Professional Nurse Advisory Committee to terms ending June 30, 2010.
2008 Board Self-Assessment / Board members completed the 2008 Board Self-Assessment.
Executive Director Assessment
EXECUTIVE SESSION
Motion / A motion was made and carried to enter into an executive session to discuss the annual assessment of the executive director and to discuss compensation adjustment. The executive session was entered into at 3:20 PM and was adjourned at 4:00 PM on Thursday, May 1, 2008. Following their return from executive session, a motion was made and carried to accept the evaluation of the Executive Director. The Board members further met during the Governance Committee meeting on May 2nd to discuss compensation. The Committee recommended the following:
§  Continued support for the three year Executive Director Compensation plan initiated in FY 08
§  3% CEC for exemplary performance and additional 1% adjustment to align with the three year compensation plan for overall CEC of 4%
§  $2,000 bonus in FY 09 for outstanding performance with challenges due to limited professional staff resources
A motion was made and carried, to accept the report and recommendations.
Strategic Plan Update
Motion / Board members reviewed the proposed revisions to the 2008-2012 Strategic Plan. Following their review, a motion was made and carried, to approve proposed revisions with modifications to the Strategic Plan.
Expense Oversight Report
Motion / Linda Humphrey, Consumer member, presented the report of the reimbursement/expenses for Sandra Evans, Executive Director for the 3rd quarter. Following her presentation, the report was accepted.
Travel Approval
Motion / Investigator/Attorney Workshop – May 18-21, 2008 – Savannah, GA – approval granted for attendance by Roger Gabel, Karl Klein and Jan Edmonds to include travel and related expenses.
AANP Region X – March 28, 2008 – Portland, OR – approval affirmed for attendance by Randy Hudspeth and Judy Nagel to include travel and related expenses.
NCLEX Invitational – September 8, 2008 – San Diego, CA – approval granted for attendance by Janine Baxter to include travel and related expenses.
Election of Officers for 2009
Motion / Election of Officers:
Chairman – Susan Odom
Vice-Chairman – Randy Hudspeth
Governance Committee Member-at-Large – Carrie Nutsch
PRN Chairman – Jill Howell
Resolution for NCSBN Delegate Assembly
Motion / Following a discussion about issues related to NCSBN Core Licensure Requirements, staff was directed to draft the resolution for presentation to the 2008 NCSBN Delegate Assembly to review and modify, if appropriate, the core requirements with consideration to the changes in nursing regulation since 1998. The Alaska Board representatives were asked if that jurisdiction would consider serving as second to the resolution.
Practice/Discipline
Report of APPN AC Meeting - Motion / Scott French, MD, Chair, provided a report by teleconference of the April 18, 2008 telephonic meeting of the Advanced Practice Professional Nurse Advisory Committee. The Advisory Committee reported the results
of their annual self-assessment, goals for 2009, and recommended reinstatement of licensure following remediation, for return to practice for a nurse practitioner with a letter of caution to practice consistent with his demonstrated competence.
Following completion of Dr. French’s report, action was taken to accept the report and adopt the recommendation.
Report of PRN Committee Meeting / Jill Howell, Chair, presented a report of the meeting of the Advisory Committee of the Program for Recovering Nurses held on April 25, 2008. The Board members reviewed the significant activities of the Committee for the past quarter, including recommendations for disciplinary action on two licensees.
Following completion of Ms. Howell’s report, action was taken to accept the report and adopt the recommendations.
Consumer Directed Care / Judy Nagel, Associate Director, presented information on Consumer Directed Care. The Board’s Strategic Plan currently addresses issues related to Consumer Directed Care. The Board identified development of a Board position on Consumer Directed Care as the next critical step.
In-service / Roger Gabel presented an in-service on disciplinary cases that might assist the Board in their deliberations.
Disciplinary Cases
Consent Agreement/ Stipulation - Virgie Lovett
Motion / Karl Klein, Deputy Attorney General, presented cases for Board consideration. Following their review, the Board Members took the following actions:
Virgie Lovett – Case 07-037 N-23414 – Action was taken to accept the Stipulation and Consent Order to place the licensee on Probation for a period of 12 months with conditions. Randy Hudspeth abstained from discussion and vote on this case.
Consent Agreement/ Stipulation - Julie Hillam
Motion / Julie Hillam – Case – 06-080 – N-16171– Action was taken to accept the revised Stipulation and Consent Order to issue a Reprimand and Probation for a minimum of 18 months with conditions.
Vicki Allen abstained from the discussion and vote on this case.
Randy Hudspeth opposed the motion.
Consent Agreement/ Stipulation - Carmen Wright
Motion / Carmen Wright – Case – 07-057 – N-27803 – Action was taken to accept the Stipulation and Consent Order to issue a reprimand with conditions established for licensure reinstatement.
Consent Agreement/ Stipulation
Sheridan Spaulding
Motion / Sheridan Spaulding – Case – 07-084 – PN-13454 – Action was taken to accept the Stipulation and Consent Order to suspend the license for three years fixed and then indefinitely suspend the license. Carrie Nutsch abstained from the discussion and vote on this case.
Consent Agreement/ Stipulation – Heather Redding - Motion / Heather Redding – Case 06-019 PN-13345 – Action was taken to accept the Stipulation and Consent Order to withdraw the compact privilege from the license; to require the licensee to agree to not practice nursing in Idaho or any other state, and to allow her practical nurse license to lapse on August 31, 2008. Should Ms. Redding request licensure reinstatement, she must comply with the terms of reinstatement.
Other
Michael Robertson
Motion / Michael Robertson – Case – 06-033 – PN-9872 – Action was taken to affirm the summary suspension of the limited license and to adopt Findings of Fact and Conclusions of Law and issue an Order of Revocation of Licensure based on voluntary surrender.
Other
Janice Shirley
Motion / Janice Shirley – Case – 06-033 – PN-13187 – Action was taken to adopt Findings of Fact and Conclusions of Law and issue an Order of Revocation of Licensure for a period of two years.
Other
Janie Binggeli (Sayer)
Motion / Janie Binggeli (Sayer) – Case – 06-033 – PN-12469 – Action was taken to adopt Findings of Fact and Conclusions of Law and issue an Order of Revocation of Licensure for a period of two years.
Cynthia Sommerdorf
Motion / Cynthia Sommerdorf – Case 07-003 – PN-13538 – Ms. Sommerdorf and her attorney Brad Richardson, were present to request reconsideration of the Board’s Order of License Revocation entered July 23, 2007. Roger Gabel, Board Legal Counsel, presented background information. Following his presentation, a motion was made and carried, to deny reconsideration of the case.
Licensure
Non-Routine Applications –Case 00-060 – Ron Fisse
Motion / Board members reviewed the information presented on behalf of the applicant, Ron Fisse, Case 00-060, N-11344. Following discussion, a motion was made and carried, that:
A.  A limited license with conditions will be issued for period of five (5) years
B.  Upon successful completion of all conditions, a non-restricted license shall be issued.
Randy Hudspeth and Carrie Nutsch abstained from discussion and vote on the case.
Licensure by Equivalence
Motion / Sandy Evans presented information on the Draft Philosophy Statement regarding Licensure by Equivalence. Following discussion, a motion was made and carried, to accept the Philosophy Statement as presented.
Roger Gabel presented proposed statutory and rule changes related to Licensure by Equivalence for presentation to the 2009 Legislative session.
A motion was made and carried, to direct staff to proceed with both the proposed statutory and rule changes.
Update on MA-C Regulation Implementation / Sandy Evans presented an update on progress toward implementation of Medication Assistant – Certified regulatory processes.
Education
Report of MA-C Curriculum Curriculum Approval/Status / Judy Nagel presented information on the proposed Medication Assistant curriculum submitted by the Division of Professional-Technical Education.
Jewels Carpenter, Idaho Department of Professional-Technical Education, and Lita Burns, Chairman, Division of Nursing, North Idaho College, were present to answer questions regarding the proposed curriculum. Following discussion, a motion was made and carried, to approve the curriculum for the Medication Assistant – Certified as presented.
Other Business
Licenses
Issued / Under the responsibilities delegated to the Executive Director, professional and practical nurse licenses were issued by interstate endorsement, examination,
reinstatement and emeritus to the following persons since the January 24-25, 2008, meeting of the Board. See pages: 3611-3618.
Under the responsibilities delegated to the Executive Director, advanced practice professional nurse licenses were issued to the following persons since the January 24-25, 2008, meeting of the Board. See page: 3619.
Adjournment
Motion / A motion was made and carried that the meeting be adjourned. Meeting adjourned at 3:30 PM, Friday, May 2, 2008.
Chairman
Vice-Chairman