Ok St Bd of Examiners for Long Term Care Adms. 7-23-2014

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS. 7-23-2014

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held July 23, 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. Ms. Susan Barnes, Chair, presided over the meeting.

MEMBERS PRESENT

Ms. Susan Barnes, Chair, Edmond

Mr. Bill Pierce, Vice-Chair, OK City

Ms. Nancy Poteete, Sec-Treasurer, Norman

Ms. JackiMillspaugh, OK City

Mr. Jim Jakubovitz, Tulsa

Mr. Brett Coble, Ardmore

Dr. Scott Calhoon, OK City

Ms. Georgia Devening, Choctaw

Ms. Susan Haws, Glenpool

Mr. Curtis Aduddell, OK City

Ms. Pat Bean, OK City

MEMBERS ABSENT

Ms. Nancy Pfeifer, Tulsa

Ms. Denise Wilson, Langley

Ms. Nancy Atkinson, OK City

Mr. Bill Weaver, OK City

OTHERS PRESENT

Mr. Gaylord Z. Thomas, Executive Director

Ms.Tiffany Wythe, Assistant Attorney General

Mr. Matt Stangl, Prosecuting Attorney

Mr. Richard Mildren

Ms. Ginger Dean

Ms. Pam Duren

Ms. Melissa Holland

Ms. Becky Moore

Ms. Esther Houser

Ms. Heather Kay

Ms. Dawn Harig

Ms. Sharon Lang

Mr. Michael Lowe

Mr. Ed Hendrix

Ms. Trish Emig

Ms. Susan Barnes, Chair, called the meeting to order and stated that we were in compliance with the Open Meeting Act and Authority.

Ms. Barnes asked Ms. Pam Duren to call roll to establish a quorum.

Present were Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble and Ms. Susan Haws. There was a quorum.

Ms. Susan Barnes asked the public to introduce themselves to the Board members.

Ms. Susan Barnes asked the Board members to review the minutes of the 6-25-2014 Board meeting.

Motion was made by Mr. Bill Pierce, seconded by Ms. Pat Bean, to approve the minutes of the6-25-2014 Board meeting. Motion carried with voting as follows: Affirmative – Mr. Jim Jakubovitz, Ms. Georgia Devening, Ms. NancyPoteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble and Ms. Susan Haws. Negative – None. Abstaining – Ms. Susan Barnes and Ms. JackiMillspaugh.

In the absence of Mr. Curtis Aduddell, Chair of the Education Committee,Mr. Gaylord Z. Thomas, Executive Director, gave the Education Committee report.

Mr. Thomas led the review, discussion and possible action regarding granting the request of a Residential Care/Assisted Living Administrator’s license.

Mr. Thomas informed the Board that Ms. Jana Bullock withdrew her application after the agenda had been posted.

Mr. Thomas informed the Board that Mr. Michael Lowe met the requirements for becoming a Residential Care/Assisted Living Administrator.

Motion was made by Mr. Bill Pierce, seconded by Ms. Nancy Poteete, to approve Mr. Michael Lowe as a Residential Care/Assisted Living Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Thomas led the review, discussion and possible action regarding granting the request of an Adult Day Care Administrator’s license.

Mr. Thomas informed the Board that Ms. Brandy Bailey met the requirements for becoming an Adult Day Care Administrator.

Motion was made by Mr. Bill Pierce, seconded by Mr. Jim Jakubovitz, to approve Ms. Brandy Bailey as an Adult Day Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Thomas informed the Board that Ms. Dawn Harig met the requirements for becoming an Adult Day Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Pierce, to approve Ms. Dawn Harig as an Adult Day Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Thomas informed the Board that Ms. Sharon Lang met the requirements for becoming an Adult Day Care Administrator.

Motion was made by Ms. Nancy Poteete, seconded by Mr. Bill Pierce, to approve Ms. Sharon Lang as an Adult Day Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Thomas informed the Board that Ms. Becky Morales-Garcia met the requirements for becoming an Adult Day Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Pat Bean, to approve Ms. Becky Morales-Garcia as an Adult Day Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble and Ms. Susan Haws. Negative – None. Abstaining – None.

There were presentations of licenses at this time.

Mr. Curtis Aduddell and Dr. Scott Calhoon arrived at 10:10 a.m.

Mr. Curtis Aduddell led the review, discussion and possible action regarding the request of the following continuing education seminar for Long Term Care Administrators:

OK ST Dept of Health

Residential Care Provider Training

Home Improvement: Nailing Down the Top Ten

Moore Norman Tech Center, S. Penn Campus, OK City, OK

Requesting 6 Hrs of CE

It was noted that one of the bios needed to include more information. Discussion followed.

Motion was made by Mr. Curtis Aduddell, seconded by Mr. Bill Pierce, to approve the aforementioned seminar for 6 hours of continuing education for Long Term Care Administrators. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Dr. Scott Calhoon. Negative – None. Abstaining – None.

Mr. Richard Mildren, Prosecuting Attorney for the Board, led the review, discussion and possible action regarding OSBELTCA v. PAULA TORIX, License No. 2766, Case No. 12-51(H)Possible Evidentiary Hearing on Complaint; Possible Executive Session Pursuant to 25 O.S. Supp. 2009, §307(B)(8); Possible Board Action (BP & SC)

Mr. Mildren distributed the Settlement Agreement for the Board Members to review.

The Settlement Agreement stated that Ms. Torix would receive a letter of concern, pay a fine of $500.00 plus administrative costs of $500.00 for a total of $1,000.00 within 180 days and complete 6 hours of continuing education, approved by the Executive Director, within 180 days of the date the agreement is signed.

Motion was made by Mr. Brett Coble, seconded by Ms.JackiMillspaugh, that the Board approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Brett Coble and Ms. Susan Haws. Negative – None. Abstaining – Mr. Bill Pierce and Dr. Scott Calhoon.

Mr. Richard Mildren, Prosecuting Attorney for the Board, led the review, discussion and possible action regarding OSBELTCA v. MITCHELL TOWNSEND, License No. 2211, Case No. 14-07(P) Possible Evidentiary Hearing on Complaint; Possible Executive Session Pursuant to 25 O.S. Supp. 2009, §307(B)(8); Possible Board Action (PB)

Mr. Mildren distributed the Settlement Agreement for the Board Members to review.

The Settlement Agreement stated that Mr. Townsend receive a letter of reprimand, pay a fine in the amount of $2,000.00 and attorney fees in the amount of $800.00 for a total of $2,800.00 within 180 days and complete6 hours of continuing education in the area of ethics, approved by the Executive Director, within 120 days of the date the agreement is signed. There was discussion regarding the amount of the administrative fine.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Nancy Poteete, that the Board approve the aforementioned recommendation. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Mr. Bill Pierce Ms. Susan Haws and Dr. Scott Calhoon. Negative – Mr. Brett Coble. Abstaining –Ms. Pat Bean.

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

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 14-39(H) but they will receive a letter of concern.

Motion was made by Mr. Bill Pierce, seconded by Mr. Curtis Aduddell, 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. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble and Dr. Scott Calhoon. Negative – None. Abstaining – Ms. Susan Haws.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 14-65(H) but they will receive a letter of concern.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Nancy Poteete, 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. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble and Dr. Scott Calhoon. Negative – None. Abstaining –Ms. Susan Haws.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 13-73(H), 14-35(H) and 14-51(H).

Motion was made by Ms. Nancy Poteete, seconded by Mr. Curtis Aduddell, 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. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Mr. Brett Coble, Ms. Susan Haws and Dr. Scott Calhoon. Negative – None. Abstaining – Ms. Pat Bean. Recuse – Mr. Bill Pierce.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 14-46(H) but they will receive a letter of concern.

Motion was made by Mr. Jim Jakubovitz, 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. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Dr. Scott Calhoon. Negative – None. Abstaining – Ms. Pat Bean.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 13-79(H) but they will receive a letter of concern.

Motion was made by Mr. Bill Pierce, seconded by Ms. Nancy Poteete, 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. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Mr. Bill Pierce, Mr. Brett Coble, Ms. Susan Haws and Dr. Scott Calhoon. Negative – None. Abstaining – Ms. Pat Bean.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 14-45(H) and 14-48(H).

Motion was made by Mr. Jim Jakubovitz, 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. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Ms. Susan Haws and Dr. Scott Calhoon. Negative – None. Abstaining –Mr. Brett Coble.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 14-54(D) & 14-55(D).

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Nancy Poteete, 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. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Mr. Brett Coble and Ms. Susan Haws. Negative – None. Abstaining – Ms. Pat Bean, Mr. Bill Pierce and Dr. Scott Calhoon.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 14-67(H).

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Jim Jakubovitz, 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. JackiMillspaugh, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Brett Coble and Ms. Susan Haws. Negative – None. Abstaining – Mr. Bill Pierce and Dr. Scott Calhoon.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 14-25(H) but they will receive a letter of concern.

Motion was made by Mr. Bill Pierce, seconded by Ms. Nancy Poteete, 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. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble and Ms. Denise Wilson. Negative – None. Abstaining – Ms. JackiMillspaughand Ms. Susan Haws.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 14-56(H) but will receive a letter of concern.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Pat Bean, 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. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble and Dr. Scott Calhoon. Negative – None. Abstaining – Ms. Susan Haws and Ms. JackiMillspaugh.

Mr. Thomas informed the Board that the Probable Cause Committee recommended that there was no probable cause regarding 14-60(H) but will receive a letter of concern.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Curtis Aduddell, 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. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble and Dr. Scott Calhoon. Negative – None. Abstaining – Ms. Susan Haws and Ms. JackiMillspaugh.

Mr. Thomas also informed the Board that he had administratively closed 14-40(H). There was also discussion regarding the Pending Legal Outcome of 11-107(P).

Ms. Barnes reported on the collection of data that had been received from each member regarding their interest in serving on various committees. Ms. Barnes stated that the committees looked very good and effective and that the committee appointments were distributed by email prior to the meeting. Ms. Barnes stated that if any changes needed to be made on the lists to let them know and it would be corrected. Ms. Susan Haws informed Ms. Barnes that she would like to be added back to the Probable Cause Committee.

Ms. Nancy Poteete, Chair of the Finance Committee, informed the Board that she and Mr. Thomas had met with Ms. Bobbi Moore with OMES to go over the current finances. Ms. Poteete was pleased to inform the Board that we had spent only $7,604.01 of our surplus last fiscal year.She informed the Board that this was very good news and that staff and leadership were to be commended. Discussion followed.

Mr. Gaylord Z. Thomas, Executive Director, gave his report as follows:

1. PROBABLE CAUSE: OSDH has promised to move from referrals to notifications by August 1; the committee needs to meet after the Board meeting to discuss these implications, along with the AG. Discussion followed.

2. AU: Starts next week, July 31; we don’t yet have a final tally on the number of students as there are almost always “last minute” enrollees and Pam is still talking to several who simply haven’t completed the application. I would note also that this particular syllabus has been more challenging to piece together than in the past; I’ve had to scramble at the last minute to replace some key instructors and get everything lined up but, it looks like it’s finally falling into place.

3. NAB (NHA) REVIEW: We recently (Monday and Tuesday of this week…) hosted the second of our two NAB reviews for the year; we had 15 attendees (two from out of state). Expecting to see several of those attendees testing and applying for their licenses in the near future.

4. UPDATES TO BOARD MEMBERS HANDBOOK: There have been some changes and we have provided updates for your handbooks along with some instructions on what to remove and replace and in which Appendices. Those are in your handbooks and include updated contact information for your fellow Board members and today’s committee appointments.

5. UPCOMING DATES:

RC and RC/AL State Standards Review: July 28

AU Begins: July 31

RC and RC/AL State Standards Exam: August 1

Next Board Meetings: August 27; September 24

There was discussion of the various ratings of nursing homes.

Ms. Susan Haws commented that it seemed there was a trend now with falls and restraints and stated that this would be an awesome topic for continuing education for our administrators. Discussion followed.

Meeting adjourned at11:15 a.m.

Respectfully Submitted,

MS. NANCY POTEETE, SEC-TREASURER

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