Ok St Bd of Examiners for Long Term Care Adms. 11-29-2017

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS. 11-29-2017

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held, November 29, 2017 at 10:00 a.m. The meeting location was at the Shepherd Center, 2401 NW 23rd, OSBELTCA Conference Room, Ste 2 H, Oklahoma City, Oklahoma. Ms. Susan Barnes,Chair,presided over the meeting.

Advance notice of this regularly scheduled meeting was transmitted to the Oklahoma Secretary of State onOctober 31, 2016 and posted on the OSBELTCA website on November 28, 2017. The agenda was posted in a prominent public view on the front doors of the Shepherd Center located at 2401 NW 23rd, Oklahoma City, Oklahoma on November 28, 2017 at 9:00 a.m.

MEMBERS PRESENT

Ms. Susan Barnes, Chair, Edmond

Mr. Bill Pierce, Vice-Chair, OK City

Ms. Nancy Poteete, Sec-Treasurer, Norman

Mr. Curtis Aduddell, OK City

Ms. Pat Bean, OK City

Ms. Donna Bowers, OK City

Ms. Georgia Devening, Choctaw

Ms. Susan Haws, Glenpool

Mr. James Joslin, OK City

Ms. Lisa Pever, OK City

Ms. Nancy Pfeifer, Tulsa

MEMBERS ABSENT

Dr. Scott Calhoon, OK City

Mr. Brett Coble, Ardmore

Ms. Tracy Copp, Claremore

Ms. Jacki Millspaugh, OK City

OTHERS PRESENT

Ms. Lyn Martin-Diehl,Assistant Attorney General

Mr. Gaylord Z. Thomas

Ms. Ginger Dean

Ms. Pam Duren

Ms. Dee Downer

Ms. Melissa Holland

Ms. Sue Wantland

Mr. Todd Melgs

Ms. Jennifer Jackson

Ms. Heather Elliott

Ms. Alexandria Sharum

Ms. Lauren Sajulga

Ms. Sara Smith

Ms. Susan Adair

Ms. Lori Mortin

Ms. Erica Vandiver

Ms. Annette Mays

Ms. Lyn Martin-Diehl

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. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Nancy Pfeifer, Ms. Pat Bean and Ms. Susan Haws.There was a quorum.

Mr. Curtis Aduddell and Ms. James Joslin came in right after Roll Call.

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

Ms. Barnes asked the Board members to review the minutes of the 10-18-2017 Board meeting.

Motion was made byMs. Pat Bean, seconded by Ms. Nancy Poteete,to approve the minutes of the10-18-2017 Board meeting. Motion carried with voting as follows: Affirmative–Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Nancy Pfeifer and Ms. Pat Bean. Negative – None. Abstaining – Ms. Susan Haws.

Mr. CurtisAduddell, Chair of the Education Committee,led the review, discussion and possible action regarding granting the request of Long Term Care Administrator’s license.

Mr. Aduddellinformed the Board that Ms. Heather Elliott met the requirements for becoming a Residential Care/Assisted Living Administrator effective now.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to approve Ms. Heather Elliott as a Residential Care/Assisted Living Administrator effective now. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Nancy Pfeifer, Ms. Pat Bean and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Aduddellinformed the Board that Ms. Jennifer Jackson met the requirements for becoming a Residential Care/Assisted Living Administrator effective now.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Pat Bean, to approve Ms. Jennifer Jackson as a Residential Care/Assisted Living Administrator effective now. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Nancy Pfeifer, Ms. Pat Bean and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Aduddellinformed the Board that Ms. Bobby Lerewmet the requirements for becoming a Residential Care/Assisted Living Administrator effective January 1, 2018.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to approve Ms. Bobby Lerewas a Residential Care/Assisted Living Administrator effective January 1, 2018. Affirmative – Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Nancy Pfeifer, Ms. Pat Bean and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Aduddellinformed the Board that Ms. Mary Beth Norburymet the requirements for becoming a Residential Care/Assisted Living Administrator effective now.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Pat Bean, to approve Ms. Mary Beth Norburyas a Residential Care/Assisted Living Administrator effective now. Motion carried with voting as follows:Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Nancy Pfeifer, Ms. Pat Bean and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Aduddellinformed the Board that Ms. Lauren Sajulgamet the requirements for becoming a Residential Care Administrator effective now.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to approve Ms. Lauren Sajulga as a Residential Care Administrator effective now. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Nancy Pfeifer, Ms. Pat Bean and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Aduddellinformed the Board that Ms. Alexandria Sharummet the requirements for becoming a Residential Care/Assisted Living Administrator effective January 1, 2018.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Pat Bean, to approve Ms. Alexandria Sharum as a Residential Care/Assisted Living Administrator effective January 1, 2018. Motion carried with voting as follows:Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Nancy Pfeifer, Ms. Pat Bean and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Aduddellinformed the Board that Ms. Sara Smith met the requirements for becoming a Nursing Home Administrator effective now.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to approve Ms. Sara Smith as a Nursing Home Administrator effective now. Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Nancy Pfeifer, Ms. Pat Bean and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Aduddellinformed the Board that Ms. Erica Vandivermet the requirements for becoming a Residential Care/Assisted Living Administrator effective January 1, 2018.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Pat Bean, to approve Ms. Erica Vandiver as a Residential Care/Assisted Living Administrator effective January 1, 2018. . Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Nancy Pfeifer, Ms. Pat Bean and Ms. Susan Haws. Negative – None. Abstaining – None.

Licenses were presented at this time.

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

Green Country Healthcare Asso., 3004 S. 121 E. Ave, Tulsa, OK 74129

Time Management

January 9, 2018, TiAmo, 6024 S. Sheridan Rd, Tulsa, OK

Requesting 1 CEU

Requirements of Participation

February 13, 2018, TiAmo, 6024 S. Sheridan Rd, Tulsa, OK

Requesting 1 CEU

Work Place Ethics

April 10, 2018, TiAmo, 6024 S. Sheridan Rd, Tulsa, OK

Requesting 1 CEU

A Culture of Retention for LTC

May 8, 2018, Oklahoma Joes BB, 6175 E. 61st St, Tulsa, OK

Requesting 1 CEU

Dealing with Difficult Residents and Family Members

July 10, 2018, Oklahoma Joes BBQ, 6175 E. 61st St, Tulsa, OK

Requesting 1 CEU

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to approve the aforementioned programs for Oklahoma Long Term Care Administrators. Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Nancy Pfeifer, Ms. Pat Bean and Ms. Susan Haws. Negative – None. Abstaining – None.

Ms. Martha Kulmacz, the Board’s Prosecuting Attorney, led the review, discussion and possible action regarding the following:

Respondent’s Motion to Stay Individual Proceeding, and any response thereto, in OSBELTCA v. JANET A. SWISHER, License No. 2996, Case No.17-059(P). Possible motion to convene into and exit from Executive Session pursuant to 25 O.S.§(B)(7) (discussing any matter where disclosure of information would violate confidentiality requirements of state or federal law) AND/OR pursuant to 25 O.S.§(B)(8) (engaging in deliberations or rendering a final or intermediate decision in an individual proceeding pursuant to Article II of the Administrative Procedures Act). Ms. Kulmacz informed the Board that this was not an Agreed Order to resolve at this time, so that details would not be discussed at this time. Ms. Kulmacz also informed the Board that Mr. Bill Pierce, Dr. Scott Calhoon and Mr. Gaylord Z. Thomas were on the committee who found probable cause. Dr. Scott Calhoon was not present and Mr. Bill Pierce left the room. Also, Mr. Bill Pierce would recuse from the vote and Mr. Gaylord Z. Thomas, Executive Director, is not a voting member.

Summaries were distributed and the Board members took time to review the information before them.

Ms. Kulmacz discussed the key points of the following:

Ms. Swisher’s Motion to Stay

State’s Response to Motion to Stay

State’s “Motion to Enter a “Scheduling Order”

Motion was made by Mr. James Joslin, seconded by Ms. Pat Bean, to approve the Scheduling Order. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Ms. Nancy Pfeifer, Ms. Pat Bean and Ms. Susan Haws. Negative – None. Abstaining – None. Recuse – Mr. Bill Pierce.

Ms. Martha Kulmacz, the Board’s Prosecuting Attorney, led the review, discussion and possible action regarding the following:

OSBELTCA V. JOHN HELLMAN, License No. 3308, Case No. 16-017(HB). Possible motion to convene into and exit from Executive Session pursuant to 25 O.S.§(B)(7) (discussing any matter where disclosure of information would violate confidentiality requirements of state or federal law) AND/OR pursuant to 25 O.S.§(B)(8) (engaging in deliberations or rendering a final or intermediate decision in an individual proceeding pursuant to Article II of the Administrative Procedures Act. Ms. Kulmacz informed the Board that Mr. Brett Coble, Ms. Nancy Pfeifer and Mr. Gaylord Z. Thomas were on the committee who found probable cause. Mr. Coble was not present; Ms. Nancy Pfeifer left the room along with Mr. James Joslin who is the Board’s representative of the Oklahoma State Department of Health. Also, Ms. Nancy Pfeifer and Mr. James Joslin would recuse from the vote. Mr. Gaylord Z. Thomas, Executive Director is not a voting member.

Summaries were distributed and the Board members took time to review the information before them.

The Agreed Order stated that Mr. John Hellman would receive a letter of reprimand, pay a fine in the amount of $1800 ($300 for each count) along with attorney fees within 180 days and complete six (6) hours of continuing education related to ethics, incident reporting and/or protection of residents, approved by the Executive Director, within 120 days of approval of the Agreed Order by the Board.

Motion was made by Ms. Susan Haws, seconded by Mr. Curtis Aduddell, to convene into Executive Session. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Pat Bean and Ms. Susan Haws. Negative – None. Abstaining – None. Recuse - Ms. Nancy Pfeifer.

Motion was made by Ms. Pat Bean, seconded by Mr. Bill Pierce, to convene into Open Session. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Pat Bean and Ms. Susan Haws. Negative – None. Abstaining – None. Recuse - Ms. Nancy Pfeifer.

Motion was made by Mr. Bill Pierce, seconded by Ms. Nancy Poteete, to approve the aforementioned Agreed Order. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers and Mr. Bill Pierce. Negative – Ms. Pat Bean and Ms. Susan Haws. Abstaining – None. Recuse –Mr. James Joslin and Ms. Nancy Pfeifer.

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

Mr. Thomas informed the Board that Dr. Scott Calhoon and Mr. Bill Pierce were on the Probable Cause Committee who recommended that there was no probable cause regarding 17-069(P). Dr. Calhoon was not present and Mr. Pierce would recuse from the following motion.

Motion was made by Ms. Nancy Poteete, seconded by Ms. Lisa Pever, to approve 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. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Nancy Pfeifer and Ms. Susan Haws. Negative – None. Abstaining- Ms. Pat Bean. Recuse– Mr. Bill Pierce.

Ms. Nancy Poteete, Chair of the Finance Committee, led the review, discussion and possible action regarding the Finance Report.

Ms. Poteete informed the Board that sheand Mr. Gaylord Z. Thomas, Executive Director, had attended the FinanceMeeting yesterday and that the financial summarywas in their packet. Ms. Poteete informed the Board that we were currently in the renewal period and that everythingwas going well. Discussion followed.

Mr. Bill Pierce, Chair of the Rules Revision Committee, led the review, discussion and possible action regarding initiation of the formal rule making through submission of the Notice of Rule Making Intent. Discussion followed.

Motion was made by Mr. Bill Pierce, seconded by Ms. Pat Bean, to approve the initiation of the formal rule making through submission of the Notice of Rule Making Intent. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. James Joslin, Ms. Lisa Pever, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Donna Bowers, Mr. Bill Pierce, Ms. Nancy Pfeifer, Ms. Pat Bean and Ms. Susan Haws. Negative – None. Abstaining – None.

Ms. Susan Barnes, Chair, informed the Board that included in their packet was a current list of Committee Appointments for 2017-2018 and that the changes were indicated with an asterisk and underlined. Ms. Barnes informed the Board that Mr. Curtis Aduddell would become Chair of the Rules Committee; Ms. Susan Haws would become Chair of the Education Committee; Ms. Tracie Copp and Ms. Donna Bowers would both become members of the Personnel Committee; Ms. Nancy Poteete would become a member of the Probable Cause Committee.

Mr. Gaylord Z. Thomas led the review and discussion regarding the Executive Director’s report as follows:

1. NAB MEETING UPDATE: The meeting in Savannah went very well and Oklahoma was as well represented as I’ve seen the last 8 years. There was a relatively valuable workshop that focused on NAB’s AIT Program, NAB’s Preceptor Training, the CE Registry and the HSE qualification.

- Mr. Will Otjen from Tulsa was approved for the HSE Qualification last week. He was grandfathered (no need to take either the HCBS or RCAL exam modules) based on his experience. The grandfathering period ends on January 31, 2018. I’m also aware of others who are in the process of getting this qualification (some are going for the grandfathering and some plan to take the exams or one exam – partial grandfathering is also possible). Our rules will be addressing the HSE qualification.

- This Board approved the AIT program and Preceptor Training in January already so we are up to date on that as well.

- The CE Registry will become effective in April and I’m waiting for some additional help to better publicize this and get our administrators moving in the right direction for that.

2. IT UPDATE: We’ve migrated to Office 365, relatively seamlessly. All of that seems to be working pretty well. We are still working on the teleconferencing capability for the conference room but that may be a capability we have soon as well. Our online complaint registry (through our licensure software) appears to be working. It may need some minor tweaks as we move forward, but it’s finally working. Big thanks to Todd Meigs who moved OMES for us on that.

3. ANNUAL RENEWAL PERIOD UPDATE: The annual renewals are off and running with no technical issues. Renewals were relatively “slow” through this month so we expect to see that mad-dash at the finish line like we do almost every year.

4. UPCOMING EVENTS/DATES:

Next Board Meetings – December 20, January 17

AU – last class day tomorrow then the state exam; next class set to start last Thursday in January

Motion was made by Ms. Pat Bean, seconded by Ms. Nancy Poteete to adjourn. There was no vote.

The meeting adjourned at 11:25

Respectfully Submitted,

MS. NANCY POTEETE, SEC-TREASURER

1