Ok St Bd of Examiners for Long Term Care Adms, 09-28-2011

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS, 09-28-2011

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held September 28, 2011. The meeting was held in the Construction Industries Board Conference Center, Ste 5, in the Shepherd Mall Office Complex, 2401 NW 23rd, Oklahoma City, Oklahoma with Mr. Bill Weaver, Chair, presiding.

MEMBERS PRESENT

Bill Weaver, Chair, OK City

Bill Pierce, Vice-Chair, OK City

Nancy Atkinson, OK City

Susan Barnes, Marlow

Stella Church, OK City

Jim Jakubovitz, Tulsa

Marlene Asmussen, OK City

Stacie Ware, Broken Arrow

Nancy Pfeifer, Tulsa

Peggy Wiebener, Thomas

Dr. Maurice Payne, Checotah

MEMBERS ABSENT

Jeannie Gault, Sec-Treasurer, Lawton

Terry Williams, OK City

Marc Edwards, OK City

OTHERS PRESENT

Mr. Gaylord Z. Thomas, Executive Director

Ms. Brinda White, Assistant Attorney General

Mr. Richard Mildren, Prosecuting Attorney for the Board

Ms. Ginger Dean

Ms. Pam Duren

Ms. Astrid Chatham

Ms. Jenifer Miller

Ms. Linda Thomas

Mr. Mathew Snyder

Ms. Marilyn Kipps

Ms. Esther Houser

Ms. Penny Ridenour

Ms. Becky Moore

Mr. Bill Weaver, Chair, called the meeting to order at 9:07 a.m. and stated that we were in compliance with the Open Meeting Act and Authority.

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

Present were Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. There was a quorum present.

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

Motion was made by Ms. Nancy Atkinson, seconded by Ms. Susan Barnes, to approve the minutes with one noted correction – changing the word “other” to members on the first page. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Mr. Bill Pierce and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Nancy Pfeifer and Ms. Peggy Wiebener.

In the absence of Ms. Jeannie Gault, Chair of the Education Committee, Mr. Jim Jakubovitz, member of the Education Committee, led the review, discussion and possible action regarding the new potential licensees.

Mr. Jakubovitz informed the Board that Ms. Astrid Chatham met the requirements for licensure as a Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Dr. Maurice Payne, to approve Ms. Astrid Chatham as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Ms. Jenifer Miller met the requirements for licensure as a Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Pierce, to approve Ms. Jenifer Miller as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Mr. Mathew Snyder met the requirements for licensure as a Long Term Care Administrator.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Peggy Wiebener, to approve Mr. Mathew Snyder as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

The newly licensed administrators received their license at this time.

Mr. Jim Jakubovitz led the review, discussion and possible action regarding the following requests of continuing education for Oklahoma Long Term Care Administrators:

Cypress Healthcare Consulting

Staff Management, Recruitment & Retention

Various Locations & Dates in Oklahoma (8 seminars within 12 months)

Requesting 6 hrs CE (Adm may attend only 1 seminar for 6 hrs)

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Marlene Asmussen to approve the aforementioned seminar for the requested number of hours for Oklahoma Long Term Care Administrators. Also, the program sponsor is required to inform the OSBELTCA staff 30 days in advance of the date and location of each seminar so that this information may be put on the website. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

Cypress Healthcare Consulting

Behavioral Management in Long Term Care

Various Locations & Dates in Oklahoma (8 seminars within 12 months)

Requesting 6 hrs CE (Adm may attend only 1 seminar for 6 hrs)

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Susan Barnes to approve the aforementioned seminar for the requested number of hours for Oklahoma Long Term Care Administrators. Also, the program sponsor is required to inform the OSBELTCA staff 30 days in advance of the date and location of each seminar so that this information may be put on the website. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

OK ST Dept of Health

Turn the Page – Assisted Living Provider Training

October 18, 2011

MooreNormanTechCenter – South Penn Campus

Requesting 6 hrs of CE

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Marlene Asmussen, to approve the aforementioned seminar for the requested number of hours for Oklahoma Long Term Care Administrators. Motion carried with voting as follows: Affirmative –Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None. Recused – Ms. Nancy Atkinson.

Mr. Bill Weaver, Chair, led the review, discussion and possible action regarding the request of the following for Preceptor Certification:

Initial Certification

Cindy Anderson

Wendi Brimmer

Brett Coble

Jeff Gregston

Wade Gushee

Jason Lodes

Ruth Ann McNeill

Will Otjen

Bonnie Perkins

Peggy Rovenstine

Ronnie Stringer

Re-Certification

Burl Stricker

Motion was made by Ms. Stella Church, seconded by Ms. Nancy Pfeifer, to approve the aforementioned administrators as Certified Preceptors. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – None.

In the absence of Mr. Marc Edwards, Chair of the Probable Cause Committee, Mr. Gaylord Z. Thomas, Executive Director, 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. 11-85 (Private).

Motion was made by Ms. Marlene Asmussen, seconded by Ms. Nancy Pfeifer, to accept the recommendation of the Probable Cause Committee that there was no probable cause regarding Case No 11-85 (P). Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Susan Barnes, Ms. Marlene Asmussen & Mr. Bill Pierce. Recused – Ms. Nancy Atkinson.

Mr. Thomas reported that the Probable Cause Committee recommended that there was no probable cause regarding the following cases which were all from the Oklahoma State Department of Health:

Case No. 11-55 (H)

Case No. 11-62 (H)

Case No. 11-63 (H)

*Case No. 11-67 (H)

Case No. 11-71 (H)

Case No. 11-75 (H)

Case No. 11-76 (H)

*Two to One for Recommendation of No PC

Motion was made by Ms. Stella Church, seconded by Ms. Nancy Pfeifer, to accept the recommendation of the Probable Cause Committee that there was no probable cause regarding the aforementioned cases all from the Oklahoma State Department of Health. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Marlene Asmussen and Mr. Bill Pierce.

Mr. Thomas reported that the Probable Cause Committee recommended that there was no probable cause regarding the following cases which were all from the Oklahoma State Department of Health:

Case No. 11-61 (H)

Case No. 11-65 (H)

Case No. 11-66 (H)

Case No. 11-69 (H)

*Case No. 11-70 (H)

*Case No. 11-72 (H)

*Two to One for Recommendation of No PC

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Stella Church, to accept the recommendation of the Probable Cause Committee that there was no probable cause regarding the aforementioned cases all from the Oklahoma State Department of Health. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Stacie Ware and Ms. Nancy Pfeifer.

Mr. Richard Mildren, the Board’s prosecuting attorney, led the review, discussion and possible action regarding the following cases and informed the Board members that the red packets had been previously distributed by Mr. Thomas which contained the following Settlement Agreements along with a summary of each case.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Roberta Donaldson, License No.2352, Case No. 11-59 (D).

The Settlement Agreement stated that Ms. Donaldson receive a Letter of Reprimand, pay a fine of $500.00 within 60 days and complete an additional 6 hours of continuing education in the area relating to abuse of residents and/or residents rights approved by the Executive Director within 120 days of the date the agreement is signed by the Board.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Nancy Pfeifer, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Susan Barnes, Ms. Stella Church, Mr. Bill Pierce and Ms. Peggy Wiebener.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Lucille Dykes, License No.1542, Case No. 11-74 (H).

The Settlement Agreement stated that Ms. Dykes receive a Letter of Concern, pay a fine of $300.00 within 30 days and complete an additional 6 hours of continuing education in the area relating to incident reporting approved by the Executive Director within 120 days of the date the agreement is signed by the Board.

Motion was made by Mr. Bill Pierce, seconded by Mr. Jim Jakubovitz, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Pierce and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer and Ms. Peggy Wiebener.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Kimberly Lance, License No.2189, Case No. 10-06(H).

The Settlement Agreement stated that Ms. Lance receive a Letter of Reprimand, pay a fine of $500.00 within 90 days and complete an additional 6 hours of continuing education approved by the Executive Director within 120 days of the date the agreement is signed by the Board.

Motion was made by Ms. Nancy Pfeifer, seconded by Mr. Jim Jakubovitz, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Bill Pierce and Ms. Peggy Wiebener.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Ramona Lantz, License No.2920, Case No. 11-53(H).

The Settlement Agreement stated that Ms. Lantz receive a letter of concern, pay a fine of $500.00 within 60 days and complete an additional 6 hours of continuing education in the area relating to management, supervision or leadership approved by the Executive Director within 120 days of the date the agreement is signed by the Board.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Stella Church, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Stacie Ware and Ms. Nancy Pfeifer.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Tom Leatherman, License No.3186, Case No.10-51 (D).

The Settlement Agreement stated that Mr. Leatherman receive a Letter of Reprimand, pay a fine of $800.00 within 90 days and complete an additional 16 hours of continuing education within 120 days of the date the agreement is signed by the Board.

Motion was made by Mr. Bill Pierce, seconded by Ms. Nancy Pfeifer, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Stella Church, Mr. Bill Weaver, Ms. Stacie Ware and Ms. Nancy Pfeifer.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Gary Robertson, License No.2505, Case No. 11-47 (P).

The Settlement Agreement stated that Mr. Robertson receive a letter of concern, pay a fine of $300.00 within 60 days and complete an additional 6 hours of continuing education within 120 days of the date the agreement is signed by the Board.

Motion was made by Ms. Peggy Wiebener, seconded by Ms. Susan Barnes, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – Mr. Bill Weaver, Ms. Stacie Ware and Ms. Nancy Pfeifer.

Mr. Mildren led the review, discussion and possible action regarding OSBELTCA vs. Robert Samples, License No.3169, Case No. 11-40 (H).

The Settlement Agreement stated that Mr. Samples receive a Letter of Reprimand, pay a fine of $700.00 within 60 days and complete an additional 9 hours of continuing education in the area relating to incident reporting approved by the Executive Director within 120 days of the date the agreement is signed by the Board.

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Peggy Wiebener, to approve the aforementioned Settlement Agreement. Motion carried with voting as follows: Affirmative – Ms. Susan Barnes, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Nancy Atkinson, Mr. Bill Weaver, Ms. Stacie Ware and Ms. Nancy Pfeifer.

Mr. Z Thomas, Executive Director, led the review, discussion and possible action regarding the Finance Committee Report. Mr. Thomas went over the finance report and stated that everything was going well.

In the absence of Mr. Terry Williams, Chair of the Legislative Committee, Mr. Bill Weaver, Chair, led the review, discussion and possible action regarding the Legislative Committee report. Mr. Weaver stated that “the signing of the bill” photo op with the Governor turned out well and thanked everyone involved for their efforts. Discussion followed.

Ms. Stella Church, Chair of the Personnel Committee, led the review, discussion and possible action regarding the Personnel Committee report. Ms. Church informed the Board that they had a copy of the evaluation of Mr. Gaylord Z Thomas in their packet and to please look over the report at their discretion. Ms. Church went over the report and informed the Board of how the information was compiled into the final evaluation and stated that everyone was pleased with the results.

Motion was made by Ms. Nancy Pfeifer, seconded by Ms. Peggy Wiebener, to approve the report of the Personnel Committee. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. Marlene Asmussen, Mr. Bill Weaver, Ms. Stacie Ware, Ms. Nancy Pfeifer, Mr. Bill Pierce, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Stella Church.

Mr. Bill Pierce, Chair of the Quality Assurance/Rules Revision Committee, led the review, discussion and possible action regarding the QA/Rules Revision committee report. Mr. Pierce informed the Board that they were having a meeting following today’s meeting and that they were hoping to finalize the draft of the rules for the Board’s review and comments at the October Board meeting.

There was no report regarding the Code of Ethics Committee.

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

1. SPACE REQUEST: As you are aware, I made a request and received approval for us to get our own classroom/conference room earlier this year (was approved in January actually; I had started the process in 2010). That space has not been forthcoming so far and I am becoming more perplexed by the situation each day. For example, we had Preceptor Training scheduled in Suite 49 and had about a week’s notice that the Mall had leased that space and we no longer had that space available for that training… I scrambled and found a spot that was barely suitable but we got by. However, I had also reserved that same space for our November Board meeting AND our 2012 Board meetings (all); and now I do NOT have a location for any of those Board meetings, yet. I continually run into issues with people who have suitable space for us but are unable or unwilling to schedule anything routinely on a longer scale more than 30 days out…and we have to operate with a longer view than 30 days for both AU and our Board meetings.

a. I was advised to inform the Board that I will be renewing my space request with Central Services which would enable us to start looking for a different location for our office, to a place which meets our needs better, if the Mall continues to not be able to meet our needs (and we even endured an AC outage during some of the hottest days in August). Clearly, we don’t wish to move; however, we have documented needs that clearly are not being met and there seems to be no priority given to our needs. It will only get worse as we move forward, especially as we consider that we are working to increase the number of AU students we have and things such as that.