Ok St Bd of Examiners for Long Term Care Adms. 5-28-2014

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS. 5-28-2014

MINUTES

The Regular Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held May 28, 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. Mr. Bill Weaver, Chair, presided over the meeting.

MEMBERS PRESENT

Mr. Bill Weaver, Chair, OK City

Mr. Bill Pierce, Vice-Chair, OK City

Ms. Susan Barnes, Sec-Treasurer, Edmond

Mr. Jim Jakubovitz, Tulsa

Ms. Nancy Atkinson, OK City

Mr. Brett Coble, Ardmore

Ms. Georgia Devening, Choctaw

Ms. Nancy Pfeifer, Tulsa

Ms. Susan Haws, Glenpool

Mr. Curtis Aduddell, OK City

Ms. Pat Bean, OK City

Ms. Nancy Poteete, Norman

Dr. Scott Calhoon, OK City

MEMBERS ABSENT

Ms. JackiMillspaugh, OK City

Ms. Denise Wilson, Langley

OTHERS PRESENT

Mr. Gaylord Z. Thomas, Executive Director

Ms. Brinda White, Assistant Attorney General

Mr. Richard Mildren

Ms. Ginger Dean

Ms. Pam Duren

Mr. Ed Hendrix

Ms. Melissa Holland

Ms. Becky Moore

Ms. Christi Dobbs

Ms. Sue Wantland

Ms. Adriann Graham

Ms. Dee Downer

Mr. Bill Weaver, Chair, called the meeting to order 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. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver and Ms. Susan Haws. There was a quorum.

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

Mr. Bill Weaver asked the Board members to review the minutes of the 4-23-2014 Board meeting.

Motion was made by Ms. Pat Bean, seconded by Ms. Nancy Poteete, to approve the minutes of the4-23-2014 Board meeting. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver and Ms. Susan Haws. Negative – None. Abstaining –None.

Mr. Curtis Aduddell, Chair of the Education Committee,gave the Education Committee report.

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

Mr. Aduddellinformed the Board that Ms. Christi Dobbs met the requirements for becoming a Residential Care/Assisted Living Administrator.

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

Ms. Dobbs was presented her license at this time.

Mr. Aduddellled the review, discussion and possible action regarding the request for continuing education hours for the following seminars:

Green Country Healthcare Association

3004 S. 121st Ave., Tulsa, OK 74129

My Health Access

June 10, 2014

Baxter’s Interurban, 717 S. Houston, Tulsa, OK 74127

Requesting 1 hr of CE

Green Country Healthcare Association

3004 S. 121st Ave., Tulsa, OK 74129

Avoiding Unnecessary Hospitalization

August 12, 2014

Baxter’s Interurban, 717 S. Houston, Tulsa, OK 74127

Requesting 1 hr of CE

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Pfeifer, to approve the aforementioned programs. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver and Ms. Susan Haws. Negative – None. Abstaining – Mr. Jim Jakubovitz.

OK Foundation for Medical Quality

14000 Quail Springs Pkway, Ste 400, OK City 73107

Journey to Quality: Improving Pain Management & Pressure Ulcers

6-5-14-McAlester;6-10-14-NorthOKC;6-11-14-Lawton;

6-18-14-Norman;6-19-14-Enid;6-24-14-Claremore;6-25-14-Tulsa

Requesting 6 hrs of CE

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Pfeifer, to approve the aforementioned program. 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, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver and Ms. Susan Haws. Negative – None. Abstaining – Ms. Nancy Atkinson,

OK State Department of Health

1000 NE 10th St, OKC, OK 73117

Home Improvement: Nailing the Top Ten LTC Provider Training

6-12-14-OU-Tulsa Campus, Perkins Auditorium, Tulsa, OK

7-22-14-Sheraton Hotel, Reed Conference Center, Midwest City, OK

Requesting 6 hrs of CE

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Pfeifer, to approve the aforementioned program. 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, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver and Ms. Susan Haws. Negative – None. Abstaining – Ms. Nancy Atkinson,

OKC Downtown College/OSU-OKC

300 Park Avenue, OK City, OK 73102

Summer 2014 Long Term Care AdministratorContinuing Education

Crucial Conversations

7-16-2014

OSU-OKC, West Education Center, 900 N. Portland, OKC, OK 73107

Requesting 7 hrs of CE

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Susan Barnes, to approve the aforementioned program. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Z Thomas led the review, discussion and possible action regarding the initial certification and recertification of the following Preceptors who attended trainingon5-13-2014:

INITIAL CERTIFICATION:

Mary Fletcher

Randy McFarland

Jenifer Miller

Kim Praytor

Dana Sandmann

Terry Wilkerson

RECERTIFICATION:

Floyd Autin

Jonnita Johnson

Melissa Johnson

Diana McMiller

Motion was made by Ms. Nancy Pfeifer, seconded by Ms. Nancy Poteete, to approve the aforementioned administrators as Preceptors. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Bill Weaver and Ms. Susan Haws. Negative – None. Abstaining – None.

Mr. Brett Coble was present but unable to vote at this time.

Mr. Bill Weaver, Chair of the Strategic Plan Committee, led the review, discussion and possible action regarding the Strategic Plan Report.

Mr. Z Thomas, Executive Director, informed the Board that the Core Values, Vision Statement and Mission Statement Development document was included in the packets. Also, he distributed a summary of the aforementioned documents for everyone to view as he read them aloud. Mr. Thomas informed the Board that these documents were the basis of everything we wanted to do and that the next step would be to have the committees decide on their individual goals and to benchmark what they wanted to do based on this foundation. Discussion followed.

Motion was made by Ms. Susan Barnes, seconded by Ms. Nancy Pfeifer, to adopt the Core Values, Vision Statement and Mission Statement Development document as the beginning of the Strategic Plan.

Mr. Brett Coble had a question regarding the word “executives” being used in the mission statement when the word “administrator” was used in the vision statement. Mr. Thomas responded by stating that the word "executives" was used to recognize that level of person that we are talking about and the direction we are moving in within the profession. Discussion followed.

Motion failed with voting as follows: Affirmative – Ms. Susan Barnes, Mr. Jim Jakubovitz, Ms. Georgia Devening and Ms. Nancy Poteete. Negative – Ms. Nancy Atkinson, Mr. Curtis Aduddell, Ms. Pat Bean, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver and Ms. Susan Haws. Abstaining – None.

Dr. Scott Calhoon has arrived.

Motion was made by Ms. Susan Haws, seconded by Mr. Curtis Aduddell, to capitalize long term care administrator within Our Vision Statement, to change the word executives to administrators within Our Mission Statement and then adopt the Core Values, Vision Statement and Mission Statement Development document as the beginning of the Strategic Plan. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver, Ms. Susan Haws and Dr. Scott Calhoon. Negative – None. Abstaining – None.

Mr. Bill Pierce, Chair of the Rules Revision Committee, led the review, discussion and possible action regarding the Rules Revision Report. Mr. Pierce asked Mr. Z Thomas, Executive Director, to update the Board about the recent actions that have been taken regarding the rules. Mr. Thomas informed the Board that the rules had been approved by the House Rules Committee except for 490:1-7-2 which was the increase of fees and 490:10-8-13 which was the increase of AIT hours. Mr. Pierce stated, however, the Senate did not take up the issue. The next process will be for the rules to go to the Governor’s office for approval or disapproval.

Ms. Brinda White, the Board's assistant Attorney General, informed the Board that a Governor’s Declaration approving the rules must be published in the Register by July 17th, 2014 and that the deadline for filing documents to be published in this Register is June 25, 2014.

Also discussed was that we consult with Oklahoma Cabinet Secretary of Health and Human Services, Dr. Terry Cline, regarding this matter. More discussion followed.
Motion was made by Dr. Scott Calhoon, seconded by Mr. Brett Coble, that Mr. Z Thomas, Executive Director, write a short lettermentioning the two rules in question, one being the increase in fees and the other being the increase of AIT hours, and that this letter be reviewed by the Executive Committee, with input from the Board members, then signed by all Board Members and sent to the Governor. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Ms. Nancy Pfeifer, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver, Ms. Susan Haws and Dr. Scott Calhoon. Negative – None. Abstaining – None.

Mr. Nancy Pfeifer left at 11:15 am.

Ms. Susan Barnes, Chair of the Finance Committee, led the review, discussion and possible action regarding the Finance Report. Ms. Barnes stated that it appeared we wouldnot be receiving fee increases, so Mr. Thomas had prepared a budgetary proposal for FY 2015which was not based on fee increases. Ms. Barnes requested that Mr. Thomas go over the budget with the Board. Mr. Thomas went over the various expenses within the budget and informed the Board that he had included his benefit allowances as an expense, even though he does not use them. Also, Mr. Thomas said that the only possible source of revenue increase would be to increase the Administrator University fee by $1000.00. Mr. Brett Coble suggested that another source of revenue could be to license Home Health and Hospice Administrators in the future. Discussion followed.

Motion was made by Mr. Curtis Aduddell, seconded by Ms. Nancy Poteete, to approve the FY 2015 Budget with the following modifications: delete the benefit allowance for the Executive Director and include no fee increase for Administrator University. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Susan Barnes, Mr. Curtis Aduddell, Mr. Jim Jakubovitz, Ms. Georgia Devening, Ms. Nancy Poteete, Ms. Pat Bean, Mr. Bill Pierce, Mr. Brett Coble, Mr. Bill Weaver, Ms. Susan Haws and Dr. Scott Calhoon. Negative – None. Abstaining – None.

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

1. PROBABLE CAUSE: Positive changes to the Probable Cause process are percolating through the Health Department, our primary source of referrals. The committee continues talking through impact of these possible/probable changes and how they will affect our process. We’re expecting to see the changes become active any day now and we think they will be welcomed by not only the committee but also by administrators. The gravity of a “referral” is perhaps being better understood and we look forward to implementing these changes. We do not expect it will affect the number of cases we actually prosecute. We also think it will allow us more time to better investigate and document the cases we do intend to prosecute.

CASE 13-30(H): Administratively closed (4/23/14) due to CMS Appeal results downgrading the scope/severity of the tag referred to us (no longer a substandard quality of care issue… would not have been referred).

CASE 13-67(H): Administratively closed (5/20/14); CMS appeal results downgrading scope/severity of tags (no longer substandard quality of care issue…would not have been referred).

CASE #A14-57(P): Administratively closed (5/20/14); all allegations occurred prior to November 1, 2011 when this Board was given jurisdiction over additional administrator types, certified at that time. There was also a related court case and it was also recently dismissed.

2. CEU AUDITS: All of the random CEU audits for the 2013 licensure year are now complete; we discovered 3 administrators with a shortage and I have worked with Mr. Mildren and we have recently completed drafting and serving the complaints and orders for those violations per rule. All 3 are first time offenders.

Case #14-38(B) – Lisa Watkins, Adult Day Care, 1 CEU short; $50 fine, 2 additional CEUs and attorney fees assessed.

Case #14-41(B) – Kathleen Mathis, NHA, 5 CEUs short, $250 fine, 10 additional CEUs and attorney fees assessed.

Case #14-52(B) – Diane Struttmann, NHA, 6 CEUs short, $300 fine, 12 additional CEUs and attorney fees assessed.

3. ELECTIONS: Basically this is a “heads up” for everyone that we have held our elections in June to be effective in July. Historically (recent history at least) we’ve taken nominations from the floor but it is an option for the Chair to appoint a nominating committee. Our rules define this event relatively vaguely in this manner at OAC 490: 1-3-1:

“The members of the Board shall elect from their membership a Chair, Vice-Chair and Secretary/Treasurer to serve one-(1)year terms beginning July 1 of each year.

(1)Nominations may be made by any member of the Board or a committee named by the Chair.

(2)Each member of the Board may cast one (1) vote for each office for which an election is held.

(3)Election shall be by majority vote of a quorum.

(4)Board officer vacancies shall be filled in the same manner when the vacancy occurs.

(5)A simple majority of the filled seats of the current Board shall constitute a quorum of the Board.”

It was decided to take nominations from the floor, in lieu of a Nominating Committee.

4. DATES OF INTEREST:

State Standards Exams – May 29th (tomorrow)

NEXT BOARD MEETING: June 25 (Elections)

NAB Annual Meeting – June 3-6 – (Exec Dir out of the office*)

* NAB paying for travel/hotel

Mr. Bill Pierce announced there would be a Rules Revision Committee meeting following this Board meeting.

Ms. Brinda White, Assistant Attorney General, presented Board training regarding how a state agency can act. She pointed out that OSBELTCA is a “public body” as defined by the Oklahoma Open Meeting Act. The Board can act only pursuant to the authority given to it by the legislature in title 63 O.S. 330.51 - 330.65 and in the manner set forth in the Open Meeting Act.

Meeting adjourned at11:25 a.m.

Respectfully Submitted,

SUSAN BARNES, SEC-TREASURER