OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 4-25-2012

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held April 25, 2012. The meeting location was at the Oklahoma Health Care Authority, Seminole Meeting Room, Ste 2B, in the Shepherd Mall Office Complex, 2401 NW 23rd, Oklahoma City, Oklahoma with Mr. Bill Weaver, Chair, presiding.

MEMBERS PRESENT

Mr. Bill Weaver, Chair, OK City

Mr. Bill Pierce, Vice-Chair, OK City

Ms. Susan Barnes, Sec-Treasurer, Marlow

Mr. Jim Jakubovitz, Tulsa

Ms. Jacki Millspaugh, OK City

Mr. Brett Coble, Ardmore

Ms. Susan Haws, Glenpool

Ms. Denise Wilson, Langley

Ms. Stacie Ware, Broken Arrow

Mr. Curtis Aduddell, OK City

MEMBERS ABSENT

Ms. Nancy Atkinson, OK City

Ms. Nancy Pfeifer, Tulsa

OTHERS PRESENT

Mr. Gaylord Z. Thomas, Executive Director

Ms. Brinda White, Assistant Attorney General

Ms. Ginger Dean

Ms. Pam Duren

Mr. Anthony Caudill

Ms. Cheryl Nichols

Ms. Amy Van Brunt

Mr. Rhonda Johnson

Mr. Emmanuel Azzun

James M. Barber

Roy Bentley

Susie Walcher

Gus Pekard

Mr. Bill Weaver, Chair, called the meeting to order at 9:00 am 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. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Denise Wilson, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver and Ms. Susan Haws.

Mr. Weaver asked the public to introduce themselves.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Brett Coble, to approve the minutes of the 3-28-2012 meeting as submitted. Motion carried with voting as follows: Affirmative –Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Denise Wilson, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver and Ms. Susan Haws. Negative – None. Abstaining – None.

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

Mr. Jakubovitz informed the Board that Mr. Anthony Caudill met the requirements as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Curtis Aduddell, to approve Mr. Anthony Caudill as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative - Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Denise Wilson, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Ms. Cheryl Nichols met the requirements as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Susan Barnes, to approve Ms. Cheryl Nichols as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative - Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Denise Wilson, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Ms. Amy Van Brunt met the requirements as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Curtis Aduddell, to approve Ms. Amy Van Brunt as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative - Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Denise Wilson, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Ms. Rhonda Johnson met the requirements as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Curtis Aduddell, to approve Ms. Rhonda Johnson as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative - Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Denise Wilson, Mr. Bill Pierce, Mr. Bill Weaver and Ms. Susan Haws. Negative – None. Abstaining – Mr. Brett Coble.

The licenses were presented at this time.

Mr. Jakubovitz led the review, discussion and possible action regarding the request for continuing education for Oklahoma Long Term Care Administrators.

Mr. Jakubovitz informed the Board that the following programs were submitted for approval of continuing education hours for Oklahoma Long Term Care Administrators and that this was the first time the sponsor had requested hours of continuing education approval from the Board. Mr. Jakubovitz informed the Board that he would be attending the programs and recommended that other Board members and/or staff attend also so that they could bring feedback to the Board:

Green Country Health Care Association

Time Management

TiAmos Restaurant, Tulsa, OK

6-12-2012,

Approval of 1 hr of CE

and

Green Country Health Care Association

Quality Improvement Survey

TiAmos Restaurant, Tulsa, OK

7-10-2012

Approval of 1 hr of CE

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Susan Barnes, to approve the aforementioned programs for Oklahoma Long Term Care Administrators. Motion carried with voting as follows: Affirmative - Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Denise Wilson, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Stacie Ware arrived at 9:10 a.m.

Mr. Jim Jakubovitz led the review, discussion and possible action regarding the request of Mr. Emmanuel Azzun for reconsideration of denial of application for reinstatement of suspended license. Mr. Jakubovitz encouraged Mr. Azzun to stay focused on the reasons given by the Board in its letter of February 22, 2012 for denying his application for reinstatement of his suspended license.

Mr. Bill Weaver asked Mr. Azzun if he had an attorney present and Mr. Azzun responded that he did. Mr. Weaver requested that Mr. Azzun’s attorney make a formal entry of appearance. Mr. James M. Barber, Oklahoma Bar Association’s number 19305, telephone number 405-209-5720 informed the Board that he would be representing Mr. Emmanuel Azzun.

Mr. Azzun distributed documents to the Board members at this time and the Board members reviewed these documents at this time.

Mr. Barber addressed reasons given by the Board for denying Mr. Azzun’s application set forth in the Board’s letter of February 22, 2012. Discussion followed. Mr. Barber left the room several times to confer with Mr. Azzun. The Board gave Mr. Azzun his allotted time for presenting additional information. Mr. Azzun requested that the Board postpone their decision; however, he was aware and knew that it was his last opportunity to speak to the Board. Several Board members noted for the record that Mr. Azzun had not presented any information to the Board that would give reason to the Board to reconsider its denial of his application for reinstatement of his suspended license.

Mr. Barber also asked if Mr. Azzun could be licensed by reciprocity since he held a Nursing Home Administrator’s license in Kansas. Mr. Gaylord Z. Thomas, Executive Director, explained that he could not be licensed in Oklahoma because he was not in good standing. Discussion followed.

Mr. Barber stated that he had provided the Board with all the information that they had and that the decision now was in the Board’s hands. Mr. Azzun requested that Mr. Barber be able to negotiate with the Board’s attorney. Mr. Barber explained to Mr. Azzun that this request was outside of the scope of jurisdiction of the rules that applied here. However, Mr. Barber stated that he would make the request for the record.

At this time Mr. Bill Weaver informed Mr. Barber and Mr. Azzun that their one hour had expired. Mr. Weaver informed the Board that there were two actions that the Board could take. The first action was to rescind the Board’s action that was previously taken regarding Mr. Azzun or, secondly, to confirm the Board’s action that was previously taken regarding Mr. Azzun.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Susan Barnes, to confirm the action of the Board which was taken at the February 22, 2012 meeting denying the application for reinstatement of suspended license by Mr. Emmanuel Azzun. It was noted that this decision would be the Board’s final decision. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Denise Wilson, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver, Ms. Susan Haws and Ms. Stacie Ware. Negative – None. Abstaining – None.

Mr. Thomas led the review, discussion and possible action regarding the Report of the Probable Cause Committee.

Mr. Thomas reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 12-10(H).

Motion was made by Ms. Susan Barnes, seconded by Ms. Susan Hawes, to accept the recommendation of the Probable Cause Committee that there was no probable cause regarding the aforementioned case. Motion carried with voting as follows: Affirmative - Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Denise Wilson, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver, Ms. Susan Haws and Ms. Stacie Ware. Negative – None. Abstaining – None.

Mr. Thomas reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 12-07(H).

Motion was made by Ms. Susan Barnes, seconded by Ms. Jackie Millspaugh, to accept the recommendation of the Probable Cause Committee that there was no probable cause regarding the aforementioned case. Motion carried with voting as follows: Affirmative - Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Jacki Millspaugh, Ms. Denise Wilson, Mr. Bill Pierce, Mr. Bill Weaver, Ms. Susan Haws and Ms. Stacie Ware. Negative – None. Abstaining – Mr. Brett Coble.

Mr. Thomas reported that the Probable Cause Committee recommended that there was no probable cause regarding Case No. 12-09(H).

Motion was made by Ms. Susan Barnes, seconded by Mr. Bill Pierce, to accept the recommendation of the Probable Cause Committee that there was no probable cause regarding the aforementioned case. Motion carried with voting as follows: Affirmative - Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Denise Wilson, Mr. Brett Coble, Mr. Bill Pierce, Mr. Bill Weaver, Ms. Susan Haws and Ms. Stacie Ware. Negative – None. Abstaining – Ms. Jacki Millspaugh.

Ms. Susan Barnes, Chair of the Finance Committee, stated that we were in good standing and where we should be at this time of the year. Discussion followed.

Mr. Brett Coble, Chair of the Legislative Committee, stated that things were going well but that the rules had not been heard by the committee yet.

There was no report from the Personnel Committee.

Mr. Bill Pierce, Chair of the QA/Rules Revision Committee, stated that as an update, the Chair had assigned their committee to discuss a possible alternate route to being licensed apart from the 4 year Bachelor’s degree. There had been a lot of interesting discussions through emails and Mr. Pierce informed the Board that he would like to have a meeting following today’s meeting. Discussion followed.

There was no report from the Ethics Committee.

Mr. Gaylord Z. Thomas gave his report as follows:

1. NEW BOARD ROOM: Tremendous progress…new air conditioner and ducting installed; has been waiting for inspections; LAN and WiFi connections installed; the doors are to be hung this week, finalizing some painting and installing the carpet on Friday and possibly taking possession the following week. Furniture is in and waiting to be delivered. Definitely expect to be “in” the room for our next meeting. We are also working on “signage” both inside and out…planning to move some of the excessive signage on our current office to the big “blank” walls there and to have the inside “stenciled” to show it as “ours,” (taking some pride in ownership) to include verbiage near the door on the inside…no additional “entries” into our contest were submitted that I’m aware of…just the “sample” I wrote. “Be worthy of being followed…Go through these doors and fulfill your vision from your passion rather than from your position.” I did get a couple of comments that people didn’t think they could come up with anything better than that… Approve this verbiage?

3. SPEAKING ENGAGEMENT: Still looking for additional volunteers to sit on the panel at OAHCP in May with me if interested (Tuesday, May 8 1:45-2:45 at Embassy Suites in Norman). So far, I have only Brett Coble (two people is a pretty small panel). Please let me know if you want to participate in that. The more the merrier (to the point of not having a quorum…then it’s not quite as merry).

4. REGISTRATION SYSTEM: The work for this new system is still progressing and we expect to have that up and running in June.

5. CEU AUDITS: We audited more than 5% of our Nursing Home Administrators already and have ceased the audits at this time for 2011. Good news so far… Nobody was short this year (so far) as we have only 3 administrators who are yet to respond (recently audited). Optimistic that we will have no cases related to CEUs this year. Either we got lucky with who we audited this year OR people understand we’re taking these seriously (or both).

6. RULES: Thought it was in committee last week but it wasn’t. Representative Dank was going to get it on today’s committee agenda. There is still talk of the sine die being earlier this year than in the past so it has us on a very fast train and he’s aware and working it.